RES-10567 Tentative Tract Map ApprovalRESOLUTION NO. 10567
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING TENTATIVE
TRACT MAP NO. 0019 -07 (ALSO KNOWN AS
TENTATIVE TRACT MAP NO. 17167), MAJOR SITE
PLAN NO. 0496 -07, AND DESIGN REVIEW
COMMITTEE NO. 4207 -07 TO ALLOW FOR THE
SUBDIVISION OF 50.87 ACRES OF LAND FOR A
RESIDENTIAL DEVELOPMENT CONSISTING OF
39 RESIDENTIAL UNITS ON MINIMUM ONE -
ACRE LOTS, A PUBLIC RIDE -IN -ONLY
EQUESTRIAN ARENA, APPROXIMATELY ONE
MILE OF OUTER TRAILS, AND 0.7 MILE OF
INTERNAL TRAILS LOCATED AT 1051 NORTH
MEADS AVENUE.
TENTATIVE TRACT MAP NO. 0019-07
ALSO KNOWN AS TENTATIVE TRACT MAP NO. 17167)
MAJOR SITE PLAN NO. 0496-07
DESIGN REVIEW COMMITTEE NO. 4207-07
WHEREAS, the City Council has authority pursuant to Orange Municipal Code
OMC ") Section 16.12.010.C, Table 17.08.020, and Section 17.09.020A., to review and
take action on Tentative Tract Map No. 0019 -07 (also known as Tentative Tract Map No.
17167), Major Site Plan No. 0496 -07, and Design Review Committee No. 4207 -07 upon
property described in the attached Exhibit "A ", which is incorporated herein by this
reference ( "Project "); and
WHEREAS, the Project consists of the subdivision of 50.87 acres of land for a
residential development consisting of 39 residential units on minimum one -acre lots, a public
ride -in -only equestrian arena, approximately one mile of publicly accessible perimeter trails
and 860 linear feet of publicly accessible internal trails located at 1051 North Meads Avenue;
and
WHEREAS, Tentative Tract Map No. 0019 -07 (also known as Tentative Tract Map
No. 17167), Major Site Plan No. 0496 -07, and Design Review Committee No. 4207 -07 were
filed by John Martin on behalf of and with the approval of the property owner, Milan Rei IV,
LLC (collectively, the "Applicant "), in accordance with the provisions of the OMC; and
WHEREAS, Tentative Tract Map No. 0019 -07 (also known as Tentative Tract Map
No. 17167), Major Site Plan No. 0496 -07, and Design Review Committee No. 4207 -07 was
processed in the time and manner prescribed by state law and the OMC; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the
City analyzed the proposal and determined that the Project may have a potentially significant
adverse effect on the environment. Draft Environmental Impact Report 1788 -07,
SCH #2007091107) , hereafter, the "DEIR", was prepared and circulated for public review
for a period of 45 days, from September 24, 2009 through November 7, 2009, but due to a
clerical error which inadvertently omitted Section 5.4, Cultural Resources, was extended to
November 23, 2009, so that a complete DEIR could be made available for review; and
WHEREAS, the Final Environmental Impact Report consists of the DEIR, changes
and revisions (Errata) to the DEIR, Responses to Comments, technical appendices, two letter
updates, and the Mitigation Monitoring and Compliance Program (collectively, the "FEIR ");
and
WHEREAS, the FEIR and associated discretionary permits for the Project are
complete and adequate for the City Council's consideration of the Tentative Tract Map,
Major Site Plan Review, and Design Review Committee applications; and
WHEREAS, on June 14, 2011, the City Council adopted Resolution 10565,
certifying the FEIR and adopting a Statement of Overriding Considerations and a Mitigation
Monitoring and Compliance Program for the Project; and
WHEREAS, all affected City Departments having purview of the Project reviewed
Tentative Tract Map No. 0019 -07 (also known as Tentative Tract Map No. 17167), Major
Site Plan No. 0496 -07, and Design Review Committee No. 4207 -07 and submitted
recommended conditions; and
WHEREAS, the Planning Commission conducted a public hearing for the project on
May 3, 2010, continued the item to May 17, 2010 and again to June 7, 2010, at which time it
adopted Planning Commission Resolution No. PC 09 -10, recommending approval of
Tentative Tract Map No. 0019 -07 (also known as Tentative Tract Map No. 17167), Major
Site Plan No. 0496 -07, and Design Review Committee No. 4207 -07 subject to specified
conditions; and
WHEREAS, the City Council conducted a duly advertised public hearing on May 10,
2011, at which extensive public testimony was taken, continued the item to May 24, 2011,
for further discussion and deliberation at which meeting it directed staff to prepare
resolutions, including this Resolution, and ordinances consistent with its deliberations; and
WHEREAS, interested persons had an opportunity to and did testify in support and
opposition to the Project and to otherwise consider Tentative Tract Map No. 0019 -07 (also
known as Tentative Tract Map No. 17167), Major Site Plan No. 0496 -07, and Design Review
Committee No. 4207 -07.
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NOW, THEREFORE, BE IT RESOLVED that the City Council approves
Tentative Tract Map No. 0019 -07 (also known as Tentative Tract Map No. 17167), Major
Site Plan No. 0496 -07, and Design Review Committee No. 4207 -07 for the subdivision of
50.87 acres of land for a residential development consisting of 39 residential units on
minimum one -acre lots, a public ride -in -only equestrian arena, approximately one mile of
outer trails, and 0.7 mile of internal trails located at 1051 North Meads Avenue based on the
following findings:
SECTION 1— FINDINGS
Major Site Plan:
Required Findings:
1. The project design is compatible with surrounding development and
neighborhoods.
The site is located in a sub - community of the City of Orange known as Orange
Park Acres (OPA) which includes County and City properties. OPA is
characterized by a rural environment and equestrian activities. OPA has many
areas typified by absence of sidewalks, absence of street lighting, absence of
traffic signals, unimproved dirt or rock open storm drain channels along
roadsides, overhead power and telephone lines, multiple trails predominantly used
for equestrians, narrow rural roads, and remnant Eucalyptus windbreak rows. A
high percentage of dwellings in OPA compared to other areas of the City, are
custom homes in non - planned communities and exceed 4,000 or 5,000 square
feet. Approximately 15 percent of the lots exceed one acre in size. Many of the
lots and residents maintain equines, other farm animals, and structures associated
with their care. The Zoning Designation of property surrounding the Project that
is located in the City is Single Family Residential (R- 1 -40). Surrounding
properties in the County are typically one acre residential lots.
The Project is consistent with the surrounding development in that it provides the
following:
Lots are an acre or greater.
Equestrian activities are facilitated by providing trails and a ride -in- arena.
Enables private equestrian or farm animal facilities on lots within the
Project.
Roads are narrower than typical City standards.
Drainage swales are next to roads.
Zoning is consistent with surrounding zoning.
No street lighting is on Project streets.
Trees will be planted in accord with trees typical in the area per Project
conditions and DRC approval.
Homes will be in excess of 5,000 square feet.
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2. The project conforms to City development standards and any applicable special
design guidelines or specific plan requirements.
With the approval of the change in zoning classification and the approval of the
conditions within this resolution, the Project will be consistent with the City's
Zoning Ordinance, which contains development standards for the Project. The
Project's Planning Commission staff report dated May 3, 2010, provides a
Development Standards table showing Project consistency with zoning standards
based on implementation of conditions. Further Project consistency with the
City's Design Review standards is evidenced by the City's Design Review
Committee November 4, 2009, recommendation of approval of the Project with
recommended conditions of approval.
DEIR, Table 5.8 -8 of the Land Use and Planning section, and clarification
provided in the Response to Comments section, shows how the Project conforms
to the City Master Plan for Trails. The Master Plan for Trails (and the General
Plan) contains provisions that allow deviation from the strict standards within the
plan. With the approval of the deviations, the Project remains consistent with the
plan. Further Project consistency with the City Master Plan for Trails is
evidenced by the City's Park Planning and Development Commission December
10, 2009, recommendation of approval of the Project with recommended
conditions of approval.
The Orange Park Acres Plan is part of the General Plan Land Use Element and is
not a Specific Plan; however, evidence of consistency with the Orange Park Acres
Plan, as amended, including any specific development or design standards, is
located in DEIR in Table 5.8 -9 of the Land Use and Planning section and in
clarification provided in the response to comments section. The analysis is
conducted on a Goal by Goal and Policy by Policy basis.
3. The project provides for safe and adequate vehicular and pedestrian circulation,
both on- and off -site.
In Sections 2.8.2 through 2.8.9 of the Response to Comments to DEIR, a full
analysis of pedestrian, equestrian, and vehicular safety is conducted. The
responses include appropriate references to analysis conducted in the Notice of
Availability circulated copy of the DEIR and answer concerns voiced by the
Orange County Public Works Traffic - Engineering staff. The findings of the
analysis show that the proposed crossing is safe because the traffic speed on the
segment of Meads Avenue immediately in front of the Project entrance and trail
crossing is slow enough to accommodate safe stopping with the sight distance that
exists. Furthermore, traffic accident history available over the last five years does
not show any traffic collisions on South Meads and Amapola Avenue, a similar
road with equestrian activity, only shows one accident in the last five years which
resulted in a vehicle hitting a fixed object. Therefore, the lack of accident history
is an indication that the community is aware of equestrian activity in the area and
the road conditions with curves and varying topography facilitate safe driving
speeds by vehicles traveling in Orange Park Acres. In addition, pursuant to
Condition 60 and Project Design Feature PDF -TRA -1 the Project would have, at a
minimum, a marked trail crossing and advanced warning signage of the trail
crossing as deemed acceptable by the County Public Works Department.
4. City services are available and adequate to serve the project.
As analyzed in the DEIR, there is adequate water, wastewater, waste hauling,
emergency service response, schools, library, and City Hall services to serve the
Project. Impact fees are collected at the time of building permit issuance for
many of the City services provided the Project to offset any potential increase in
needs for City services. In addition, the applicant will dedicate the Project's ride -
in -arena and perimeter trails to the City, which will be a new public amenity of
the site.
S. The project has been designed to fully mitigate or substantially minimize adverse
environmental effects.
The DEIR analyzed the following topical environmental issue areas: Aesthetics,
Air Quality /Climate Change, Biological Resources, Cultural Resources, Geology
and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Land
Use and Planning, Noise, Population and Housing, Public Services, Recreation,
Transportation and Traffic, Utilities and Service Systems. The Initial Study
determined that no impacts related to Agricultural Resources and Mineral
Resources would occur and were referenced in the DEIR but not analyzed. The
following topical environmental issue areas contained potentially significant
impacts but were reduced below the level of significance with mitigation
measures: Air Quality (regional impacts), Biological Resources, Cultural
Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and
Water Quality, Public Services, and Utilities and Service Systems. Impacts to Air
Quality (local) remain significant and unavoidable after mitigation. However,
mitigation is implemented via the DEIR would substantially minimize the adverse
air quality effects which would occur only during grading activities. A Statement
of Overriding Considerations is provided for the short term significant air quality
effect.
Design Review Committee:
Required Findings:
1. The project design upholds community aesthetics through the use of an internally
consistent, integrated design theme and is consistent with all adopted specific
plans, applicable design standards and their required findings.
For the reasons stated in Major Site Plan Finding Number I above, the Project is
compatible with surrounding development and neighborhoods. The Project is
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internally consistent in that it provides California Ranch, California Traditional,
or California Country style architecture, large lots, similar use of building
materials such as stone, wood, and brick painted or naturally occurring in similar
earth tone colors. The dwellings and structures within the Project are uniformly
distanced and exhibit heights that relate to each other and the community. The
Project shares a common plant and tree palette, utilizes similar fencing on each
property, sets a unified rural theme by the use of trails throughout the site.
Furthermore, DEIR Table 5.8 -9 analyzed the Project's consistency with the
Orange Park Acres Plan goals and policies and shows that the Project is consistent
with each. In addition, the City's Design Review Committee upheld the Project's
conceptual design at their November 4, 2009 meeting.
Tentative Tract Map:
Required Finding:
A. The requirements for the filing of subdivision maps shall be governed by the
provisions of the Subdivision Map Act and the provisions of Title 16 of the
Orange Municipal Code (OMQ. All maps shall comply with the provisions of the
Subdivision Map Act, the City Zoning Ordinance, Title 16 of the OMC, and any
other ordinance, statute or law pertaining to the use, sale, leasing or subdivision
of land.
The Tentative Tract Map 0019 -07, which is also known as Tentative Tract Map
No. 17167, meets the finding requirements as evidenced by Public Works staff
review and verification of the map for compliance with all provisions of the
Subdivision Map Act, Title 16 of the Orange Municipal Code, and any other
ordinance, statute or law pertaining to the use, sale, leasing or subdivision of land.
In addition, the tract map contains the following characteristics:
1. The proposed subdivision map and the design and improvements are consistent
with City of Orange General Plan which includes the Orange Park Acres Plan as
part of the Land Use Element by providing housing consistent with housing in the
community character, promoting quality urban design, recognizing the need to
maintain one acre minimum size lots and reservation of Handy Creek for aesthetic
and conservation purposes, ensuring that adequate infrastructure is in place to
serve the Project, ensuring that the circulation capacity is not exceeded,
coordinating planning efforts with other jurisdictions in the region, identifying
and mitigating environmental hazards that may exist in the Project area, and
providing opportunities for active and passive recreational facilities.
2. The proposed subdivision complies with the development standards contained in
the City's Zoning Ordinance.
3. The proposed residential uses are compatible with existing residential uses located
in the vicinity of the subject site.
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4. The Project is subject to conditions that will preserve the public welfare and
insure that the Project will not have an adverse impact on adjacent land uses, and
local transportation systems, including local and regional trails.
5. City departments have reviewed the Project and found that City services are
available and adequate to serve the needs of the proposed use.
6. The proposed subdivision is not applicable to the goals of the City's Housing
Element because as stated in the General Plan Consistency analysis in Section 2.0
of the DEIR Response to Comments, every single goal and policy of the Housing
Element "is a City -wide policy and is the responsibility of applicable City
departments."
7. The proposed subdivision allows implementation of local and regional
recreational opportunities as stated in the City's General Plan.
8. The proposed subdivision provides for safe and adequate vehicular and pedestrian
circulation, both on and off -site.
9. The City has considered the contents of EIR 1788 -07 (SCH #2007091107) and
mitigation measures have been applied to the conditions associated with this
Tentative Tract Map.
10. The proposed subdivision furthers the City's General Plan public park goals by
providing publicly available trails and a ride -in -arena on the site.
11. The site is physically suitable for the type of development and the proposed
density of development.
12. The design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage or substantially and unavoidably injure
fish or wildlife or their habitat.
13. The design of the subdivision or type of improvements are not likely to cause
serious public health problems.
14. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision.
15. A sufficient water supply is available to the Project as evidenced by written
documentation from the two water districts that could serve the site.
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16. In accordance with the requirements of local CEQA Guidelines, State CEQA
Guidelines and the California Environmental Quality Act, a statement of
overriding consideration has been adopted for this Project and is shown in FEIR .
17. The data and analysis upon which these findings of fact are based are set forth in
the staff report and associated documents for Environmental Impact Report 1788-
07 (SCH #2007091107), General Plan Amendment No. 2007 -0001, Zone Change
No. 1243 -07, Tentative Tract Map No. 0019 -07 (also known as Tentative Tract
Map No. 17167), Major Site Plan No. 0496 -07, Design Review Committee No.
4207 -07, and Development Agreement No. 5600 by and between the City of
Orange and John Martin on behalf of and with the approval of the property owner,
Milan Rei IV, LLC, staff's oral presentation, public testimony, and Council
Member comments which constituted the City Council's review of this
application.
SECTION 2— CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed with
approval:
The term "applicant" shall refer to the entity that requests approval of this action or any
successor in interest to this approval.
2. The applicant shall comply with all federal, state, and City laws, including all City
regulations. Violation of any of those laws in connection with the use will be cause for
revocation of this permit.
3. Applicant shall defend, indemnity, and hold harmless the City of Orange, its officers,
agents, and employees from any claim, action, or proceeding against the City, its
officers, agents, or employees to attack, set aside, void, or annul an approval of the
Planning Commission or City Council concerning this subdivision, which action is
brought within the time period provided for in Government Code Section 66499.37.
The City shall promptly notify the applicant of any such claim, action, or proceeding
and shall cooperate fully in the defense. This condition is imposed pursuant to
Government Code Section 66474.9(b).
4. The project approval includes certain fees, dedications, reservations, and/or other
exactions. Pursuant to Government Code Section 66020, these conditions or
requirements constitute written notice of the fees and /or descriptions of the dedication,
reservation, or other exaction. The applicant is hereby notified that the ninety (90) day
protest period commencing from the date of approval of the project has begun. If the
applicant fails to file a protest regarding these conditions or requirements, the applicant
is legally barred from later challenging such exactions per Government Code Section
66020.
5. These conditions shall be reprinted on the cover sheet or first page of construction
plans, including grading plans.
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6. Within two days of final approval of this project, the applicant shall deliver to the
Planning Division a cashier's check payable to the Orange County Clerk in an amount
required to fulfill the fee requirements of Fish and Game Code Section 711.4(d) (2) and
the County administrative fee, to enable the City to file the Notice of Determination
required under Public Resources Code 21152 14 Cal. Code Regulations 15075. If it is
determined that there will be no impact upon wildlife resources, the fee shall be as
required based on the current fee schedule.
7. Within two days of final approval of this project, the applicant shall submit a $3,000.00
deposit to the Planning Division for the Mitigation Monitoring and Reporting Program.
Time spent by City staff to complete the project will be charged to the applicant. When
more than 50% of the deposit has been credited toward hourly services provided, the
applicant will be billed directly for actual time spent on the project. At the completion
of the project, a final accounting of deposit posted and amounts charged toward the
project will be calculated and any charges due to the City or refunds due to the
applicant will be processed.
8. All site development and construction shall conform in substance and be maintained in
general conformance with plans on file with the Department of Community
Development, as approved by the City Council. Subsequent Design Review Committee
approval of refined floor, elevation, landscape, color, and material plans is acceptable
provided the changes are within the scope of the approved EIR.
Planning, DRC, and PPDC
9. Prior to the submittal of plans into building plan check, unless plan check with a letter
of risk is authorized by the Community Development Director, the applicant shall
return before the Design Review Committee with scaled and dimensioned color
elevations in the event any architectural changes are made to any elevation or floor
plan, including stables, for Design Review Committee approval prior to building permit
issuance. The elevations must correspond to their respective floor plans and a color and
material board shall accompany the approval. The revised final architectural plans shall
be accompanied by roof plans when the project returns to the Design Review
Committee.
10. Prior to the issuance of a building permit, the applicant shall receive approval of final
fence and wall plans by the Design Review Committee and the plans shall show that the
exposed faces of the project's retaining walls will be finished with material similar to
the residences.
11. Prior to the submittal of plans into building plan check, the applicant shall return before
the Design Review Committee with a revised site plan that re- evaluates the location of
the project's dwellings and structures as follows:
The revised site plan shall demonstrate that the 34 equestrian oriented lots with their
respective proposed floor plans shall maintain the ability to access, maintain, and
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house enclosures for common farm animals such as ovines, bovines, porcines,
caprines and equestrians.
Setbacks and the skewing of the lots shall be revised in specific areas to achieve a
more varied non -tract like appearance.
Specifically, more variety shall be added to the setbacks on E Street and the two -
story houses should be pushed back where possible.
12. A project entry gate(s), other than at secondary emergency vehicle access and
emergency evacuation points, are prohibited without Design Review Committee
consideration and Planning Commission approval.
13. The whole of the project trail adjacent to the street designated as "E Street ", the "prop.
18' public equestrian trail" over lots 36, 37, and 38, and the public trail easement over
Lot A on the Tentative Tract Map shall perpetually remain open to the public and shall
not be restricted to public access upon project completion regardless of any potential
future HOA action(s). Prior to issuance of any grading permit(s), the tentative tract
map shall be revised and the final map shall be prepared to include a dedicated public
easement over the following areas:
The "E Street" adjacent trail segment, including portions of the trail on non -HOA
owned property, for public use
A portion of the project's private "B" and "D" Streets in order to facilitate public
access to the "E Street" adjacent trail segment to and from both Lots "C" and "D"
which are part of the project's perimeter trails that, pursuant to the Development
Agreement, will be dedicated to the City for ownership
Over the "prop. 18' public equestrian trail" easement shown on the tentative tract
map for lots 36, 37, and 38
The public trail easement shown on the tentative tract map over Lot A
Tentative tract notes shall be added and/or clarified to reflect a public trail easement(s)
across a portion of `B" and "D" Streets, over the trail segment adjacent to "E Street ",
and over the easements shown on the final tract map for lots 36, 37, and 38. Language
shall be included in the Covenants, Conditions and Restrictions (CC &Rs) for the
project designating public access across the following areas:
The "E Street" adjacent trail segment, including portions of the trail on non -HOA
owned property, for public use and shall outline procedures for HOA operations and
maintenance of trails including enforcement of the HOA rules and regulations for
purposes of public safety, hours of operation, and non - emergency vehicle access
A portion of the project's private `B" and "D" Streets in order to facilitate public
access to the `B Street" adjacent trail segment to and from both Lots "C" and "D"
which are part of the project's perimeter trails that, pursuant to the Development
Agreement, will be dedicated to the City for ownership
Over the "prop. 18' public equestrian trail" easement shown on the tentative tract
map for lots 36, 37, and 38
The public trail easement shown on the tentative tract map over Lot A
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The CC &Rs shall outline procedures for HOA maintenance of trails parallel to and
within the private street rights -of -way shown in Cross Sections "A -A ", `B -B ", "D -D ",
and "E -E" on the tentative tract map. The City shall be a signatory to the CC &Rs,
including for any proposed future amendments that would have any effect on project
conditions. The City shall have enforcement authority over provisions in the approved
CC &Rs that pertain to a dedicated public easement(s) over the following areas:
The "E Street" adjacent trail segment, including portions of the trail on non -HOA
owned property, for public use
A portion of the project's private "B" and "D" Streets in order to facilitate public
access to the "E Street" adjacent trail segment to and from both Lots "C" and "D"
which are part of the project's perimeter trails that, pursuant to the Development
Agreement, will be dedicated to the City for ownership
Over the "prop. 18' public equestrian trail" easement shown on the tentative tract
map for lots 36, 37, and 38
The public trail easement shown on the tentative tract map over Lot A
14. The trail standards and maintenance techniques from the Recreational Trails Master
Plan shall be implemented for the project except where deviations are ultimately
approved by the City Council, as exhibited in the plans approved at the City Council
meeting. Plans demonstrating compliance with this condition shall be approved by the
Community Services Department prior to issuance of a grading permit. The
Recreational Trails Master Plan standards that the project is not authorized to deviate
from by the City Council shall be implemented on project trails prior to final inspection
of project dwelling units.
15. Prior to submitting plans for building plan check, the Design Review Committee shall
review and approve a detailed landscape and irrigation plan. The landscape plans shall
show the exact size, height, location, and type of each existing and proposed tree,
shrub, and groundcover on both HOA and private property owner lots, including the
detention basin located north of the ride -in- arena. For the landscape plan, not all trees
need to be 24 inch box sizes. The applicant shall use a formula such that trees are
shown on the plans to be 75 percent, 15- gallon size trees and 25 percent, 24 -inch box
size trees as a guideline, with the exception that 5- gallon trees may be used, as
appropriate, per species. On the slopes, there shall be 1.5 to 2 trees per every 1,000 feet
minimum 2:1 slopes) with a grouping of Evergreen trees at the base of the slope to
provide screening. The detailed landscape plan palette shall be modified to include:
a. Larger trees in the street tree palette.
b. Predominant tree species of California Pepper, Eucalyptus, Pinus, and Sycamore.
The Eucalyptus species shall be Eucalyptus Grandis, or a species proven to be anti
Bark Beetle.
C. Equestrian - friendly plantings. The use of Oaks and Prunus species shall be
limited in horse zones.
d. The addition of the predominant tree to common area trees and the private area
tree palettes (Sycamore, Pines, Eucalyptus, and Peppers).
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e. The addition of Coastal Sage Scrub plantings to the plant palette list for
restoration of habitat.
f. The addition of a plant to the plant palette list specifically for the retention basins,
including the dissipater.
g. Evidence of an attempt to preserve more of the existing trees including moving or
reusing existing trees. The movement of the Palm trees is encouraged.
h. The addition of native plant species to the plant palette for both common and
private areas.
16. Prior to the issuance of a demolition permit, the applicant shall prepare photo
documentation of the non - historic residence on the project site to the satisfaction of
staff to be provided to the Orange Public Library, History section.
17. Prior to the issuance of a building permit, the Design Review Committee or Park
Planning and Development Commission shall review and approve plans showing that
project trails are consistent with the conceptual landscape plan, equestrian trail plan,
and site plan approved by the City Council and that the project trails comply with the
Recreational Trail Master Plan standards, except where emergency vehicle access
merits a wider trail tread and where exceptions are ultimately approved by the City
Council, as exhibited in the plans approved at the City Council meeting. In the event of
any inconsistency or contradiction between the Recreational Trails Master Plan and the
Project's conceptual landscape, equestrian trail and site plans approved by the City
Council, the Project plans (Exhibits A -D) approved by the City Council shall govern.
Omission of Recreational Trail Master Plan standards on the Project plans (Exhibits A-
D) shall not constitute an entitlement to deviate from the Recreational Trail Master Plan
for any omitted standards. Irrigation lines and landscaping shall be provided on both
sides of the Lots A and K trail segments in accordance with Detail 3 of the Recreational
Trails Master Plan unless otherwise approved.
18. Prior to issuance of a building permit, the applicant shall provide and receive City
approval of trail turnout easements over the driveways of each applicable residential lot
prior to or concurrent with recordation of the final map.
19. Prior to the submittal of plans into building plan check, the applicant shall return before
the Design Review Committee with a revised site plan that shows the side -by -side
driveway conditions with landscaping relief such that there is a minimum of eight feet
of landscaping between any two driveways.
20. Prior to the issuance of grading or building permits, the applicant shall return before the
Design Review Committee and receive approval of the specific dissipater design. Plans
submitted for building and grading plan check shall show that the project dissipater is
located entirely on the project property or the applicant shall provide an easement or
other legal document acceptable to the Public Works and Community Development
Directors for dissipater location on an adjacent property. The easement or legal
document shall include any necessary permission from the adjacent property owner for
placement of the dissipater over their property, if applicable. In addition, prior to the
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issuance of grading or building permits, the applicant shall provide the Department of
Public Works with an easement or legal document for review and approval to
accommodate HOA access over Lot K for the purpose of maintaining the site storm
drain system and project dissipater.
21. Prior to the issuance of a building permit, the applicant shall return before the Design
Review Committee and receive approval of the specific tract and trail signage design
that is based on what is shown on the plans approved by the City Council and, where
not previously demonstrated for compliance with, trail signage design shall be based on
what is required in the Recreational Trails Master Plan. The Design Review
Committee approved tract and trail signs shall be incorporated as a sign program in the
project's required Covenants, Conditions and Restrictions.
22. Plans submitted for plan check shall show that trash receptacles, storage and loading
areas, transformers and mechanical equipment shall be screened in a manner, which is
architecturally compatible with the principal building(s).
23. Prior to the issuance of a Certificate of Occupancy and/or completion of a final
inspection of any dwelling unit, a homeowner's association shall be formed. The
association shall be responsible for the maintenance of all common areas. Common
areas include all property and improvements under ownership of the homeowner's
association including but not limited to private and publicly available trails, private
utilities, the private sanitary sewer system, and all private streets in the tract.
24. Conditions Covenants and Restrictions (CC & R's) shall be designed and reviewed as
to form for the project to ensure consistency with project approvals by the City. Such
consent shall not be unreasonably withheld. The CC & R's shall address specific
responsibilities of the Homeowners Association (HOA). A few specific areas include,
but are not limited to:
a. Any aspect that is zoning in nature shall be structured so they cannot be
rescinded or modified without City concurrence.
b. Maintenance responsibilities for any private drainage or water quality
features.
c. Maintenance responsibilities for fuel modification areas.
d. Maintenance responsibilities for landscape areas, including parkways, median
roadway areas, arterial roadway landscaping, common slopes or native open
space.
e. Identification of HOA community trail or bikeway systems that will be open
to the general public through public pedestrian easements, and maintenance of
these community trails and bikeways.
f. Detailing enforcement options available to the City to ensure that maintenance
is continuously undertaken for common slopes, drainage and water quality,
fuel modification zones, trails that are open to the public or other zoning
aspects.
g. Maintenance of any applicable private streets.
h. Identification of common open space lots that will be owned or under the
control of the HOA and maintenance for open space lots.
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i. Ensure, in perpetuity, that trails and bikeways open to the general public shall
not be blocked through the construction of any fencing, gates or other devices
that would limit or restrict access to the general public, although barriers to
motor vehicles, other than emergency vehicles, may be erected.
j. Maintenance of any applicable private recreation facilities.
k. Maintenance of native open space areas under the ownership and control of
the HOA.
1. Maintenance of Handy Creek including periodic inspection of native areas for
invasive plants, along with removal of these plants.
m. A method to distribute the cost of required maintenance in an equitable
manner among the owners of the dwelling units within the subdivision.
n. Ownership and maintenance of common slope areas, including down drain
and terrace drains.
o. The CC & R's shall contain a provision that the Fire Chief can, at his
discretion, require further street markings for fire lanes (including red
curbing) if signage fails to keep fire lanes clear of vehicles or other
obstructions.
25. The CC & R's shall be recorded prior to or at the same time as the first Final Map.
26. Prior to approval of the final Map, CC & R's shall be recorded with the Orange County
Recorder's Office. The CC & R's shall be designed for the entire site outlining specific
responsibilities such as drainage, utilities, access, parking, maintenance (including
trails), landscaping, exterior building colors, signage, and enforcement provisions.
Those aspects that are zoning in nature shall be structured so that it cannot be rescinded
or modified without City approval. The City shall have discretion to enforce provisions
that are zoning in nature. Prior to recordation, the CC & R's shall be reviewed and
approved jointly by the City Attorney, Community Development Director and Public
Works Director. The applicant shall be responsible for all costs incurred for the review
of the CC & R's by the City Attorney, Public Works Director and the Community
Development Director at the City's hourly billing rate.
27. The Home Owner Association shall be responsible for resolving improvement
encroachments onto easements over private properties on the project site. Costs
associated with enforcing the removal of improvement encroachments into easements
shall be the responsibility of the Home Owner Association.
28. All lettered parcels not specifically assigned to and accepted by a governmental or City
approved not - for - profit entity shall remain under common ownership, maintenance, and
liability of the Home Owner Association. No lettered lot may be sold or donated
separately without City approval. Private facilities within the development shall be a
maintained as designed and approved in the Development Agreement, and shall not be
altered or removed without specific approval from the City of Orange. These
provisions shall be reflected in the CC & R's.
29. The applicant shall prepare a final geotechnical and soils classification report to the
satisfaction of the Building Official and Public Works Director.
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30. The applicant shall prepare a final acoustical analysis report to the Building Official for
approval. The report shall describe in detail the exterior noise environment and
mitigation measures. The report will precisely detail noise barrier location and height
needed to achieve the 65CNEL exterior standard.
31. Prior to the issuance of any permits, the applicant shall provide all final consultant
generated electronic files for the project to the Community Development Department.
Specifically, all Word document files, including technical appendices for the
Environmental Impact Report shall be provided to staff.
32. Prior to the issuance of a building permit, the applicant shall submit and receive Design
Review Committee approval of a revised site plan that shows that structures housing
farm animals, including equestrians, meet the following requirements:
Are not located in a required front yard
Are located a minimum of fifty (50) feet from any structure used for human
habitation other than that of the subject property owner
Are located a minimum of twenty (20) feet from any property line
Community Services
33. Maintenance of the trails within the HOA area that have not been dedicated to the City
shall be the responsibility of the HOA.
34. Timing for project trail construction shall be pursuant to the terms of the Development
Agreement.
35. Prior to the issuance of building permits, the applicant shall submit three (3) sets of
final landscape, lighting and irrigation plans for review and approval to the Community
Development and Community Services Department.
36. Removal of trees from the site and the issuance of a tree removal permit shall not occur
until a grading permit is issued.
Public Works, Subdivision
37. The applicant shall cause to be prepared a Final Map in substantial compliance with the
tentative tract map and conditions of approval, to the satisfaction of the Public Works
Director. A final tract map shall be recorded within 24 months after tentative approval
and prior to the sale or lease of any parcel.
38. The applicant shall pay any applicable fees for the processing of the final map, as
established at the time the map is filed.
39. The tract map submitted for Public Works Department final approval shall demonstrate
that monuments are set based on a field survey.
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40. An approved Conditional Letter of Map Revision (CLOMR) shall be provided to the
Department of Public Works prior to any grading activity within a Special Flood
Hazard Area if the base flood elevation is raised by more than 1 foot. No rise to the
base flood elevation is allowed for any fill in a designated floodway.
41. Prior to the initiation of grading activities, Public Works Department approval of a
Grading Plan shall be required. The Grading Plan submitted for review shall include
phased Erosion and Sediment Control Plans and any Site Demolition Plan, if required.
42. The contractor shall obtain a Grading Permit from Public Works Department prior to
start of any site demolition, clearing and grubbing, and grading.
43. An Encroachment Permit shall be required prior to any and all work within the public
right -of -way including but not limited to construction of sidewalks, driveways, and
utility laterals.
44. Prior to the issuance of building permits, the applicant shall dedicate to the City and its
assigns, and the City shall approve the method and language of the dedication, the right
to enter the private streets and driveways for the maintenance of public utilities (if any),
emergency access, trash collection, and for any other reasons stated in the dedication
mechanism.
45. Prior to issuance of building or grading permits, plans regarding driveway aprons
submitted for plan check shall be approved by the Public Works Director consistent
with the approved site plan.
46. All appropriate cable television systems shall be entitled and allowed to place and
locate wires, conduits, appurtenances, and any and all equipment necessary to extend
cable television service to each residential parcel in the subdivision.
47. The surveyor or engineer preparing the map shall submit to the Public Works
Department a digital graphics file containing such information and data and in such
format as shall be acceptable to the Public Works Director.
48. The applicant shall prepare a dust control plan for review and approval by the Public
Works Director.
49. The applicant shall submit a grading plan in compliance with City standards, for review
and approval by the Public Works Director. All grading and improvements on the
subject property shall be made in accordance with the Manual of Grading and Standard
Plans and Specifications to the satisfaction of the Public Works Director.
50. The applicant shall pay all applicable fees to cover plan check and inspection services
related to grading activities.
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Public Works, Right -of -Way
51. Prior to the issuance of a building permit, all streets, emergency vehicle access routes,
trails, ride -in -only arena, and all other easements shall be defined geographically, as to
the use that the easement serves, on the tentative tract map or other documents
satisfactory to the Department of Public Works. Approval of the tentative and final
maps with the easements shall constitute the dedication or reservation of the easements.
All easements and rights of way, both public and private, shown on the tentative map or
as conditioned herein, shall be dedicated or reserved on the final map unless a
dedication or reservation by separate instrument is approved by the City Engineer.
52. Prior to the issuance of a building permit, the lots on the eastern side of the
development that show "storm drain easements" shall be defined as to who is the
grantor and grantee of the easements. The City shall not be the holder of these
easements and shall not be responsible for their maintenance.
53. The applicant shall not grant an easement(s) over any property subject to a requirement
of easement, dedication, or irrevocable offer of dedication to the City of Orange, unless
such easements are expressly made subordinate to the easements or dedication rights of
the City of Orange. Prior to granting any such easements, the applicant shall furnish a
copy of the proposed easement to the Planning Manager and Public Works Director for
review and approval. Further, a copy of the approved easement shall be furnished to
the Planning Manager and Public Works Director prior to the issuance of any certificate
of use and occupancy.
Public Works, Traffic
54. Prior to recordation of Final Map, the applicant shall receive written approval of plans
for a trail crossing over Meads Avenue by the County and City Public Works
Departments. At a minimum, the crossing shall be a striped non - signalized crossing
with advance warning signs. The crossing shall be designated on the Final Map and all
site plans submitted during plan check. The applicant shall return to the Park Planning
and Development Commission for an informational session to explain the logic of the
final crossing disposition reached with the County of Orange in accord or in
exceedence of Project Design Feature PDF- TRA -1.
Public Works, Waste Management _
55. Prior to release of the Certificate of Occupancy, a trash plan shall be submitted to, and
approved by the Public Works Department. This trash plan shall be included in the
Covenants, Conditions and Restrictions for the project.
Public Works, Water Quality
56. Prior to the issuance of certificates for use of occupancy the applicant shall demonstrate
the following to the Public Works Department:
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That all structural best management practices (BMPs) described in the Project
WQMP have been constructed and installed in conformance with the approved
plans and specifications
That applicant is prepared to implement all non - structural BMPs described in the
Project WQMP
That an adequate number of copies of the project's approved final Project WQMP
are available for the future occupiers
57. Prior to the issuance of a grading permit (including grubbing, clearing, surface mining
or paving permits as appropriate) the applicant shall demonstrate that coverage has
been obtained under California's General Permit for Stormwater Discharges Associated
with Construction Activity (General Permit) by providing a copy of the Notice of Intent
NOI) submitted to the State Water Resources Control Board and a copy of the
subsequent notification of the issuance of a Waste Discharge Identification number.
58. The applicant shall comply with all current requirements of the National Pollutant
Discharge Elimination System (NPDES) permit program. A Storm Water Pollution
Prevention Plan (SWPPP) and a Notice of Intent from the State Water Resources
Control Board shall be required.
59. Prior to recordation of the final map, a copy of the project's Covenants, Conditions and
Restrictions shall be provided to the Public Works Department for review that includes
requirements for maintenance and funding of the project's structural and treatment
water quality best management practices as approved by the City.
60. The project shall be designed such that post project hydrology matches the preproject
hydrology for rate of runoff, velocity and volume consistent with the requirements of
DAMP Exhibit 7.1.
61. Prior to the issuance of certificates for use of occupancy or final signoff by the Public
Works Department, the applicant shall demonstrate to the satisfaction of Public Works,
that the preparer of the WQMP has reviewed the BMP maintenance requirements in
Section V of the WQMP with the responsible person and that a copy of the WQMP has
been provided to that person. A certification letter from the WQMP preparer may be
used to satisfy this condition.
62. Prior to City approval of the landscape plans, the applicant shall review the approved
Water Quality Management Plan and ensure the proposed landscape plans are
consistent with the project grading plans and show applicable Best Management
Practices such as grass swales, detention basins, grass or vegetated buffers, filters,
permeable pavers, etc.
Public Works, Water
Until the applicant makes a final determination regarding the water service provider, the
following conditions may or may not be applicable.
63. If the developer chooses to have water service provided by the City of Orange
Department of Public Works Water Division, then the developer is required to obtain
and furnish to the City a service area release notification from the Irvine Ranch Water
District (IRWD). Evidence of such release shall be required prior to the review of tract
maps, improvement plans and reports by the Water Division. If the developer should
select the City to provide service and providing City service causes the developer to
seek entitlement changes, then the City shall not be held responsible for project
ramifications due to the developer not furnishing their service area release to the City
during the entitlement development process.
64. City water service will be subject to the approval of water improvement plans, payment
of fees, posting and approval of bonds, dedication and recordation of easement
agreements, and installation of water system improvements that will include some or all
of the following: pipelines, valves, meters, fire hydrants, pressure relief and pressure
reducing stations. All standards, laws and regulations pertaining to the installation of
water system improvements and use of water will be applicable. The developer shall be
responsible for all costs associated with the developer's request for City water service
prior to the approval of the water improvement plans and water system installations.
Approval of the improvement plans shall occur prior to building permit issuance. In
the event that the applicant does not choose the City as the water provider, the above
conditions shall not apply and proof of Irvine Regional Water District (IRWD) service
shall be provided to the City prior to the issuance of a grading permit.
Note: In the event IRWD is selected as the water provider City review of plans would
need to occur at the applicant's cost prior to building permit issuance to ensure that
IRWD requirements do not interfere with or cause modification to City approved plans.
65. Application for water service to any tract or development involving on -site mains shall
require that the developer furnish a cash or security bond to cover the total estimated
cost to the applicant for such mains. Such bond shall be furnished prior to final tract
approval. Sureties on such bonds shall meet Best's Key Rating Guide as required by
the City and shall be admitted to conduct business in California.
66. Each property requiring water service shall be assessed a water main connection charge
based upon the type and acreage of the property to be served in accordance with fees
established by resolution of the City Council. Water main connection charges shall be
payable prior to final tract approval. Requests for service to properties that are also
within the boundaries of the East Orange County Water District and or the Irvine Ranch
Water District shall also pay directly to those agencies their respective water main
connection charges and other applicable fees. Evidence of such payment shall be
required prior to final map approval.
67. When the land is developed, any easements needed for water mains which may be
appurtenant thereto or which may be used exclusively thereon shall be deeded to the
City in consideration for the City approving any application for City water to be placed
on such development. Said deed to the City shall be executed before any such
application shall be approved by the City Council. The Water Division, in no instance
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shall install or permit to be installed any mains, meters or other facilities off the City
property or on a property over which the City has no easement.
Fire Department
68. Plans submitted for building plan check shall comply with the California Fire Code as
amended by the City and as frequently amended and in effect at the time of application
for building permit.
69. Emergency service provider access to the ride -in -arena shall be via a 20 foot wide
access trail, as shown on the approved project plans.
70. Plans submitted for building plan check shall show that the plants and shrubbery chosen for
the landscaping around public spaces and along trails shall be such that when installed is of a
graduated height, from lower to higher, away from the access area so as to prevent blind
corners and maintain maximum visibility of surrounding area for those using the facilities.
Plant types shall be chosen that will prevent future overgrowth.
71. Prior to final inspection of dwelling units with lots having reduced street frontage or flag lot
configuration, there shall be additional illuminated monument addressing at the street.
72. Any manual gate secured by a locking device shall have a Knox box with key inside to the
gate's locking mechanism. The Knox box shall be keyed for Police & Fire access.
Automatic vehicular gate operation for emergency response is regulated by OMC.)
73. The preliminary site and landscape plans submitted to the Design Review Committee
include crime prevention measures. Detailed final landscape plans and site plans submitted
to the Design Review Committee shall be consistent with the preliminary approvals and
shall include the concepts of Crime Prevention Through Environmental Design of structure
orientation and placement, access and visibility of common areas, addressing and
landscaping.
Mitigation Measure Conditions
108. All project Mitigation Measures and Project Design Features shall be complied with
and implemented as stated in the Mitigation Monitoring Report located in
Environmental Impact Report 1788 -07.
109. Prior to the issuance of any permits, the project applicant shall provide written
documentation to the satisfaction of the Community Development Director or designee
on the means for the implementation of mitigation to reduce impacts to migratory
and /or nesting bird species to below a level of significance through one of two ways.
Vegetation removal activities will be scheduled outside the nesting season (August 16
to February 14) to avoid potential impacts to nesting birds. This will insure that no
active nests will be disturbed and that habitat removal could proceed rapidly. Any
construction activities that occur during the nesting season (February 15 to August 15)
will require that all suitable habitat be thoroughly surveyed for the presence of nesting
birds by a qualified biologist before commencement of clearing. If any active nests are
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detected, a buffer of at least 100 feet (300 feet for raptors) will be delineated, flagged,
and avoided until the nesting cycle is complete as determined by the biological monitor
to minimize impacts.
Code Provisions
The following Code provisions are applicable to this project and are included for
information only. This is not a complete list and other Code provisions may apply to
the project:
Prior to issuance of building permits, the applicant shall pay all applicable
development fees, including but not limited to: City sewer connection, Orange
County Sanitation District Connection Fee, Transportation System Improvement
Program, Fire Facility, Police Facility, Library, Sanitation District, School District,
and Eastern Foothill Transportation Corridor, as required.
Expiration- Project approvals are valid pursuant the approved Development
Agreement.
ADOPTED this 14 day of June, 2011.
ATTEST:
Mary E. urph , City erk, City ange
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