RES-10109 Tentative Parcel Map ApprovalRESOLUTION NO. 10109
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING TENTATIVE
PARCEL MAP NO. 2005-312 AND MINOR
SITE PLAN REVIEW NO. 0445-06 TO
ALLOW THE SUBDIVISION OF ONE PARCEL
INTO FIVE WITHIN AN INDUSTRIAL ZONE, WHERE
TWO OF THE FIVE LOTS WILL NOT
HAVE DIRECT ACCESS TO A PUBLIC STREET, AND
WHERE ONE PARCEL HAS AN
ACCESS OBSTRUCTION RESTRICTING ENTRY TO
REQUIRED PARKING AREAS AT 1402-1424
NORTH BATAVIA STREET AND 1130
WEST TRENTON AVENUE.
APPLICANT: BURNHAM USA WHEREAS, the application for Tentative Parcel Map No. 2005-
312 and Minor Site Plan Review No. 0445-06 was processed in the time and
manner prescribed by law; and WHEREAS, Tentative Parcel Map No. 2005-312
and Minor Site Plan Review No.0445-06 is categorically exempt from
the provisions of the California Environmental Quality Act per State CEQA Guidelines Section
15301 (Class I - Existing Facilities); and WHEREAS, on May 10, 2006 and June
21, 2006, the Staff Review Committee reviewed the proposed request to subdivide one parcel
into five within an industrial zone,where two of the five lots will not have direct access to a
public street, and where one parcel has an access obstruction restricting entry to required
parking areas, and recommended that the
project proceed subject to conditions; and WHEREAS, on July 5, 2006, the Design
Review Committee reviewed the design of associated site improvements submitted under a separate
but related application for the subject property, referenced as Design Review
Committee No. 4110-06, which was conditionally approved; and where all associated site improvements
are required to be completed prior to Final Map recordation as a condition
of Tentative Parcel Map No. 2005-312; and WHEREAS, on July 17,
2006, the Planning Commission conducted a duly advertised public meeting, at which time interested persons
had an opportunity to testify either in support of or opposition to Tentative Parcel Map
No. 2005-312 and Minor Site Plan
Review No.04445-06 upon property generally described as follows:
PARCEL 2, IN THE CITY OF ORANGE, COUNTY OF ORANGE,
STATE OF CALIFORNIA, SHOWN ON MAP FILED IN BOOK 66,PAGE
48 OF PARCEL MAPS,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Orange hereby approve Tentative Parcel Map No. 2005-312 and Minor Site Plan Review
No,0445-06 authorizing the subdivision of one parcel into five within an industrial
zone, where two of the five lots will not have direct access to a public street, and where one parcel
has an access obstruction restricting entry to required parking areas, based on the
following findings:SECTION 1 -
FINDINGS A. Tentative Parcel
Mav 1. The proposed map is consistent with applicable General and Specific Plans
in that it is proposed in an area with an industrial land use designation with
ready access to maj or circulation routes ofthe
City,2. The design or improvement of the proposed subdivision is consistent
with applicable General and Specific Plans in that a Floor Area Ratio (FAR)
range between0.31 to 0.38 will result from subdividing an existing
industrial development where a maximum of 1.50 FAR is
allowed.3. The site is physically suitable for the type of development in that the property
is relatively flat and rectangular in shape and has already been
developed,including driveway
access.4. The site is physically suitable for the proposed density of development in
that the property has already been developed with five industrial buildings and
the proposed subdivision will result in each of the buildings being
located individually on a lot with associated parking lot areas that can serve the
land
use.5. The design of the subdivision of the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat in that the subdivision is proposed within
an entirely urbanized
area.6. The design of the subdivision or type of improvements is not likely to
cause serious public health problems in that the proposed subdivision is for
financing purposes
only.7. The design of the subdivision or the type of the improvements will not
conflict with easements, acquired by the public at large, for access through or use
of,property within the proposed subdivision in that the subdivision is proposed
for privately owned property where all dedications and their
associated improvements were
made.B. Minor Site Plan
Review I. The project design is compatible with surrounding development
and neighborhoods in that the subdivision and resulting interior lots without
direct
public street access will not alter the current physical relationship that the
subject property has with its surroundings. Further, the access obstruction has
been an existing circumstance on the subject property and such types of
restricted parking lot areas exist on immediately surrounding properties.
2. The project conforms to City development standards and any applicable special
design guidelines or specific plan requirements in that the requirements of the
City's M2 Industrial Zoning District have been met or will be satisfied prior to
recordation of any Final Map creating the interior lots without direct public
street access. Further, with the material change to the access obstruction, the
overall appearance of the subject property from the street will be enhanced.
3. The project provides for safe and adequate vehicular and pedestrian circulation,
both on and off-site in that the interior lots being created with direct access
to the public street will be afforded reciprocal access across the adjacent
parcels within the Parcel Map to both Trenton Avenue and Batavia Street. Further,
the access obstruction will not affect circulation during business hours since
the gates will remain open, and will not affect emergency access since the locks
will be Knox Box and there is turnaround area on Parcels 3 & 4, behind the
building located on Parcel
5.4. City services are available and adequate to serve the project in that the
proposed improvements will have no change to existing service
levels.5. The project has been designed to fully mitigate or substantially
minimize adverse environmental effects in that the project has been
determined Categorically
Exempt.SECTION 2 - ENVIRONMENTAL REVIEW
This project is categorically exempt from the proVISIOns of the California
Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class I - ExistingFacilities).
The Class I Categorical Exemption is determined for the project because it involves
the subdivision of existing industrial buildings, where any accompanying physical changes
that would occur are also considered exempt. A related application for the subject property
referenced as Design Review Committee No. 4110-06, was approved by the Design
Review Committee (DRC) on July 5, 2006, and includes certain site improvements creating
new parking lot striping, updating landscaping, adding trash enclosures, creating new
identification signage and changing the exterior color palette to an existing five-
building industrial development. All of these improvements are also determined to be
Categorically Exempt (Class
I).SECTION 3 - CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed with
approval:
3
General
1. The Subdivision shall conform in substance and be maintained in general
conformance with plans labeled Attachment 5 (Dated July 17, 2006 for
identification purposes) and as recommended for approval by the Planning
Commission and ultimately approved by the City Council.
2. The applicant agrees to indenmify, hold harmless, and defend the City, its
officers, agents and employees from any and all liability or claims that may be
brought against the City arising out of its approval of this permit, save and
except that caused by the City's active negligence.
3. The applicant shall comply with all federal, state, and local laws, including all
City regulations. Violation of any of those laws in connection with this project
will be cause for revocation ofthis permit.
4. These conditions will be reprinted on the cover sheet or first page of
construction plans prior to the issuance of building permits.
Planning
5. The applicant shall be required to complete all improvements that were the
subject of Design Review Committee No. 4110-06, as approved and
conditioned by the Design Review Committee in their approval action of July 5, 2006
prior to any recordation of a Final Map. Such improvements shall be inspected
for conformance by the Planning
Department.6. The existing chain link fence/gate with plastic slat inserts shall be replaced
with a wrought-iron style, or equivalent type of material. The applicant
shall submit plans and specifications to the Building Division for plan check
review, and
permit issuance.7. Prior to approval of the Final Map, Covenants, Conditions
and Restrictions CC&Rs) shall be recorded with the Orange County Recorder's Office.
CC&Rs shall outline specific responsibilities such as drainage, utilities,
access, parking,maintenance, 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&Rs 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&Rs
by the City Attorney, Public Works Director and the
Community Development Director at the City's hourly
billing
Public Works
8. A final parcel map shall be recorded within 24 months after tentative approval
and prior to the sale or lease of any parcel.
9. Monuments shall be set based on a field survey.
10, All on-site and off-site improvements such as sidewalks, curb &
gutter, drive aprons and pavement shall be repaired or replaced if damaged
or deteriorated.II. Dedicate to the City of Orange the right to enter the private
streets for maintenance of public utilities, emergency access, trash
collection, etc.12. Prior to City Council acceptance of the Final Tract Map, the
applicant shall submit a Project WQMP for review and approval to the
Public Works
Department that:a. Addresses Site Design BMPs (as applicable). Where
feasible, building drainage should be discharged to landscape areas prior
to discharging into the public storm
drain system.b, Incorporates the applicable Routine Source and Structural
Control BMPs as defined in the Drainage Area Management
Plan (DAMP).c. Identifies the entity that will be responsible for long-
term operation
of proposed BMPS.13. Prior to the City Council acceptance of the Final Tract Map,
the applicant shall demonstrate the following to the
Public Works Department:a. All structural best management practices (BMPs)
described in the Project WQMP have been constructed and installed
in conformance with the approved
plans and specifications b. The applicant is prepared to implement
all non-structural BMPs described
in the Project WQMP,c. An adequate number of copies of the project'
s approved final Project WQMP are
available for future occupiers.14. Prior to the City Council acceptance of the Final Tract
Map the applicant shall submit copies of Covenants, Conditions and Restrictions (CC&
Rs) to the Public Works Department for review and approval
that identify storm water information to be provided to tenants and prohibit activities
such as sidewalk or street washing and require conformance
with
15. All reciprocal agreements listed below shall be approved and recorded prior to
City Council acceptance of the Final Map. All reciprocal agreements, including
their document numbers, shall be listed on the title page of the Final Map or as
referenced within the CC&Rs. Correspondingly, all easements shall be listed
and drawn on the Final Map:
a. Reciprocal agreement for use, parking and maintenance of private access
easements.
b. Reciprocal agreement for use and maintenance of all utilities including
private storm drain system and permission of cross-lot drainage of
storm
water.c. Reciprocal agreement for water quality that specifies
maintenance,operation and inspection responsibilities of any structural BMP
devised.16. Prior to City Council approval of the Final Map, the applicant shall enter into
an Easement Deed Agreement with the City of Orange Public Works
Department to address the need for the preservation of public utilities within
Trenton A
venue.
Fire 17, The applicant shall be responsible for the following Fire
Department
requirements:a. The CC&Rs shall include wording that identifies that the Association
is responsible for maintenance and servicing of all fire
suppression,detection systems and fire department
access.b. Prior to the City Council action on the Final Map, an agreement shall
be submitted and approved by the Fire Department which outlines who
is responsible for maintaining the fire access and water supply service
that is required to be provided to all
lots.c. Every building shall be accessible to Fire Department apparatus by
an access roadway of not less than 20 feet of unobstructed width having
a minimum of 13 feet 6 inches of vertical
clearance.d. All exit ways shall be provided with an all weather surface
that continues to a public
way.e. Dead-end fire apparatus access roads in excess of 150 feet in
length shall be provided with approved provisions for the turning around
of fire apparatus. Dead-end Fire Department access roads shall
not
exceed
f. Fire Department access roadway shall be an all weather-driving
surface capable of supporting the imposed loads of fire apparatus, 20,
000 pounds per axle. The access shall be designed for a three-
axle vehicle.Engine weight 36,050 and Truck weight 54,000 pounds) U.
F.C,Section 902.2.
2.2.g. The Fire Department access roadway shall be provided
with adequate turning radius for fire department apparatus. (A 45 foot outside
and 25 foot inside radius.) U.F.C. Section 902.2.
2.3.h. Fire Department emergency access must not exceed 12
percent grade.U.F.C, Section 902.2.
2.6.1. All mechanical gates shall be provided with a key-
operated override per City of Orange Ordinance 9-84. And a manual
release in
case of electrical failure.J. A Fire Department approved key box for fire
department access shall be installed on the address side of the building near
the main entrance or fire control room at a height of 5 feet above
finished grade. The Knox box shall contain keys to gain access to each building.
U.F.
C. Section 902.4,k. Provide fire access gates every 150 feet in all areas
that are gated. Gates shall have a
4 feet
minimum opening.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:Expiration-If not utilized, the Tentative Tract Map
approval expires two years from the approval date. An extension of time may be permitted
upon a written request, if
received before the expiration deadline.ADOPTED this
8th day of
August,
ATTEST:
Ic ~ ;-:-{<--~
Mary E..
rp ,
City Cler , of Orange I, MARY E.
MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing
Resolution was duly and regularly adopted by the City Council of the City of Orange at a
regular meeting thereof held on the 8th day of August, 2006, by the following vote:AYES:NOES:ABSENT:
ABSTAIN:
COUNCILMEMBERS:
Murphy,
Cavecche,
Dumitru COUNCILMEMBERS: None COUNCILMEMBERS:
Smith COUNCILMEMBERS:
None C'
L l (,~ [. ,,-<-,., "
Mary E, rp ."City Cl , .
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