RES-9824 Tentative Tract Map 16601 Approval Serrano Ave.RESOLUTION NO. 9824
A RESOLUTION OF THE, CITY COUNCIL OF THE
CITY OF ORANGE APPROVING TENTATIVE
TRACT MAP 16601 TO ALLOW THE SUBDIVISION
OF 13.33 ACRES OF LAND FOR A PUBLIC PARK
SITE AND A 97 UNIT DEVELOPMENT ON
PROPERTY LOCATED ON THE SOUTH SIDE OF
SERRANO AVENUE AT ITS INTERSECTION WITH
KENDRA DRIVE (SERRANO HEIGHTS SPECIFIC
PLAN - PLANNING AREA 9-8).
APPLICANT: SUNCAL COMPANIES AND
ORANGE UNIFIED SCHOOL DISTRICT
WHEREAS, Tentative Tract Map 16601 was filed by the applicant in accordance with
the provisions of the City of Orange Municipal Code:; and
WHEREAS, Tentative Tract Map 16601 was processed in the: time and manner
pres.cribed by state and local law; and
WHEREAS, the environmental impacts of the proposal were considered by certified
Final Environmental Impact Report (FEIR) 130:5 and Addendum to FEIR 954 and 1305; and
VHEREAS, the City Council conducted one duly advertised public hearing on January
27, 2004, at which time interested persons had an opportunity to testify either in support of or
opposition to the proposal and for the purpose of considering Tentative Tract Map 16601 upon
property generally described as follows:
Northwest ~~ of Section 18 Township 4 Range 8
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ORANGE that Tentative Tract Map 16601 to allow subdivIsion of 13.33 acres
located on the south side of Serrano Avenue at its :lntersection with Kendra Drive for a public
park site and 97 dwelling unit development is hereby approved based on the following findings:
SECTION 1 - FINDINGS 1.
The proposed subdivision is subject to conditions to ensure that the subject site is
developed in a manner consistent with the City's General Plan and Zoning Ordinance.
2. The proposed residential uses are compatible with existing single-family
and educational uses located in vicinity of the subject
site.3. 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.4. The City Council has reviewed the proposecl project and found that City
services are available and adequate to serve the needs of the proposed
use.5. The proposed subdivision complies with the applicable development
standards contained in the Serrano Heights Specific Plan and as amended by General
Plan Amendment 2003-0006 and Zone
Change 1225-03.6. The project conforms to the General Plan in regards to land
use designation and density in that the General Plan land us.e designation
of Medium Density Residential (MDR) allows for residential development within
the density range of 15 to 24 dwelling unit per acre. The proposal is
for approximately 18 dwelling
units per acre.SECTION 2 -
ENVIRONMENTAL REVIEW An Addendum to approved Final Environmental Impact Report No. 954 and
No. 1304 found that TTM 16601 was prepared in conjunction with the approval of the
Serrano Heights Specific Plan and it found that the use of the subject site for a public park
and residential development would not have any potential significant adverse: impacts on the
environment nor wildlife, and that existing conditions have not changed that require
additional
environmental analysis.SECTIOI\ 3 - CONDITIONS OF
APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed
with
approval:
General 1. All site development and construction shall conform in substance and
be maintained in general conformance with plans dated December 15, 2003,
for identification purposes, and as recommended for approval by the Staff
Review Committee, Design Review Committee, Plamling Commission and
ultimately approved by the City
Council.2. This approval constitutes approval of the proposed project only to the extent
that the project complies with the Serrano Heights Specific Plan,
Development
Agreement.
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3. Except as otherwise provided herein, this project is approved as a precise plan.
After any application has been approved, if changes are proposed regarding the
location or alteration of any use or structure, a changed plan may be submitted to
the Community Development Din~ctor for approval. If the Community
Development Director determines that the proposed change complies with the
provisions and the spirit and intent of the approval action, and that the action
would have been the same for the changed plan as for the approved plot plan,
the Community Development Director may approve the changed plan without
requiring a new public hearing.
4. Failure to abide by and faithfully comply with any and all conditions attached to
this approving action shall constitute grounds for the revocation of said action
by the City of Orange's Planning Commission and City Council.
5. The CC&Rs, deed restrictions, or similar agreements shall be designed for the
entire site outlining specific responsJlbilities, such as drainage, utilities, access,
parking, maintenance, landscaping, and enforcement provisions. The CC&Rs,
deed restrictions, or similar agreement shall be subject to the joint review and
approval of the Community Development Director, Public Works Director, and
City Attorney. Those aspects that are zoning in nature shall be structured so
they cannot be rescinded or modified without City concurrence. The City shall
have discretion to enforce provisions that are zoning in nature. The developer
shall be required to pay for th~: review of the CC&Rs by the City Attorney,
Public Works Director, and Community Development Director at City's hourly
billing rate.
6 Prior to the issuance of any building permits for residential construction or the
sale of any parcel, the developer shall prepare a notice statement about the
development potential of the parcel and a map denoting the existing and
proposed land uses, arterial highways, and public facilities including storm
drains within the surrounding ar1ea. Said statement and map shall be submitted
for approval of the Planning Manager and presented to each new property owner
as a Buyer Notification Program as pmt of the sale documents.
7. Prior to the recording the Final Map and issuance of any certificates of use and
occupancy, the applicant shall not grant any easements over any property subject
to a requirement of dedication or irrevocable offer to dedicate to the City of
Orange, unless such easements are expressly made subordinate to the easements
to be offered for dedication to the City of Orange. Prior to granting any of said
easements, the subdivider 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.
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8. Sub-divider shall defend, indemnify, 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 City Councilor Planning Commission 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
sub-divider 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).9. Model Homes shall comply with the following
standards:a. Within ninety days after the sale of the last unit within the tract,
restore the model homes, and remove the parking lots, signs, all
temporary fencing, and the sales office as necessary to comply with the
current applicable zoning
regulations.b. A maximum of lOon-site penn,mts are permitted in connection
with the model home
sales use.c. The applicant shall submit a plan identifying the model
homes and parking areas and to reflect exact size, location, and copy
of signs associated with the model home sale:s complex. The sign copy
shall be limited to matters relating to the recorded tract within which the
signs are located. Such signs shall have a time limit of existence
concurrent with the use of the permitted temporary office:s within the
recorded tract.d. No sign shall be posted or placed on public or
private property,advertising or directing people to the development which is the
subj ect of this permit, unless such sign is allowed by all applicable
permits and is expressly permitted bywritten conse:nt of the property owner.
It is expressly understood and accepted by the applicant that this
condition is applicable to any sign advertising or directing people to
the development,regardless of whether the applicant directly posted or placed the
sign
in question.e. The model home sales office shall be used solely for the first
sale of dwelling units approved under
this permit.10. All residential lots and dwellings shall be sound attenuated against
present and projected noise which shall be the sum of all noise impacting the project
so as not to exceed a composite interior standard of 45 dba CNEL in
all habitable rooms and a source specific exterior standard of 65 dba. CNEL in
outdoor living areas. Evidence prepared by a State-certified acoustical
consultant, that these standards will be satisfied in a manner consistent with City
standard, shall be
submitted as follows:a. Prior to the recordation of a subdivision map or prior to
the issuance of grading permits, as determined by the Building
Official,
shall submit an acoustical analysis report to the Building Official for
approval. The report shall describe in detail the exterior noise
enviromnent and preliminary mitigation measures. Acoustical design
features to achieve interior noise standards may be included in the report
in which case it may also satisfy "B" below.
b. Prior to the issuance of any building permits for residential construction,
the applicant shall submit an acoustical analysis report describing the
acoustical design features of the structures required to satisfy the exterior
and interior noise standards to the Building Official for approval along
with satisfactory evidence which indicates that the sound attenuation
measures specified in the approved acoustical report have been
incorporated into the design of the project.
c. Prior to the issuance of any building permits, the applicant shall show all
freestanding acoustical barriers on the project's plot plan illustrating
height, location, and construction in a manner meeting the approval of
the Building Official.
11. Prior to the issuance of any grading pemlits, the project proponent shall produce
evidence acceptable to the Building Official that:
a. All construction vehicles or equipment, fixed or mobile, operated within
1,000 feet of a dwelling shall be equipped with properly operating and
maintained mufflers.
b. All operations shall comply with the City of Orange's noise standards.
c. Stockpiling and/or vehide staging areas shall be located as far as
practicable from dwellings.
Notations in the above format, appropriately numbered and included with other
notations on the front sheet of grading plans, will be considered as adequate
evidence of compliance with this condition.)
12. All lettered parcels not specifically assigned to and accepted by a Governmental
entity at the time of recordation of the Final Map shall remain under common
ownership, maintenance, and liability of the owners association. No lettered lot
may be sold separately. Said owners association shall be established by CC&Rs
as reviewed and approved by the City Attorney, Community Development
Department, and the Public Works Department and as recorded prior to
recording the final map.
13. These conditions will be reprinted on the cover sheet or first page of
construction plans.
14. Prior to issuance of building permits, the Design Review Committee shall
review and approve final building, landscaping, and fencing/wall plans.
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15. All project identification and directional signage shall be reviewed and approved
by the Design Review Committee prior to the issuance of building permits.
16. Within 18 months of the date of the adoption of this Resolution or prior to the
issuance of the 50th certificate of occupancy, whichever comes later, the
Applicant shall complete all park improvements and deliver to the City a fully
executed offer to dedicate the park site. It is j~stimated that the City will take six
months to review and approve the design pl;;m submitted by the Applicant
hereafter "Design Approval") and three months to review and approve the
grading, landscaping and construction bluepnlnts and drawings (hereafter, "Final
Drawings"). The ability to timely complete the park will require cooperation
and Applicant's timely submittal of the desi.~)'ll plan (estimated one month from
adoption of this Resolution), along with Applicant's timely submittal of the
Final Drawings (estimated two months from Design Approval). Should the
City's review and approval process be de:layed through no fault of the Applicant,
the Applicant shall be entitled to one additional certificate of occupancy for each
business day of the City's delay. If the 60th certificate of occupancy is issued
prior to completion of the park improvements and delivery of the offer to
dedicate, the City may require a perfomlance bond to ensure completion of the
park.
The following conditions shall be complied with to the satisfaction of the City of
Orange's Department of Public Works.
17. A Final Tract Map 16601 shall be recorded within 24 months after tentative
approval and prior to the sale or lease of any parcel.
18. Monuments shall be set based on a field survey.
19. Developer shall design and construct all required intersection modifications at
Serrano Avenue and Kendra Drive" This shall include, but not limited to,
necessary right-of-way dedications and/or traffic control
easements, traffic signal and lighting improvements, strelet improvements, traffic
signing, lane striping, etc. to the satisfaction of the
City Engineer.20. No vehicular parking shall be permitted within
Lot "B".21. Vehicular access rights along Serrano Avenue shall be dedicated to the
City of Orange except at the
street intersection.22. Construct all public and private streets to City
st~mdards.23. Design and construct storm drain system to City standards. Dedicate
portion in the park to the City
of
24. Dedicate and construct sanitary sewer system to City standards.
25. Developer shall conduct a sewer study to determine if the existing sewer system
downstream through Mayberry Ranch is adequate. The sewer study may require
field monitoring of existing manholes. If the sewer study determines that the
existing lines through Mayberry Ranch are deficient, Developer is required to
upgrade the size of lines prior occupancy of the first unit that will make the
system deficient.
26. Developer shall cooperate with the City to include this Tract in a Community
Facilities District prior to the sale of any condominium units subject to terms
and conditions as mutually acceptable to the Developer and the City.
27. Developer shall provide for individual trash pick-up for each unit and no
trash enclosures will be
required.28. Install private street lighting to City requirements per layout approved by
the City Traffic
Engineer.29. Dedicate to the City of Orange the right to enter the private streets
for maintenance of public utilities, emergency access, trash collection,
etc.30. Subject to installing cable television facilities as required by the City'
s Franchised Cable TV companies. This shall include easement rights
to buildings being
served.31. Prior to recording the final map" the applicant shall submit and obtain
approval from the Building Official, Planning Manager and Assistant City Engineer
a plan specifically identifying Best Management Practices (BMP's) that will
be used on-site to control predictabh~ pollutant runoff. This
Water Quality Management Plan shall identify, at a minimum, the routine, structural
and non-structural measures specified in the Countywide NPDES
Drainage Area Management Plan (DAMP) Appendix which details implementation of
BMP's whenever they are applicable to a project, the assignment
of long-termmaintenance responsibilities (spei:::ifying the
developer, parcel owner,maintenance association, lessee, etc.) and, shall reference the
location(s) of
structural BMP's.32. The applicant/project proponent shall submit to the City of
Orange a Water Quality Management Plan (WQMP) in order to 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
will be required prior to issuance
of
33. That CC&R's, deed restrictions, or similar agreement shall be designed for the
entire site outlining specific responsibilities such as drainage, utilities, access,
parking, maintenance, landscaping, exterior building color and enforcement
provisions. The CC&R's, deed restrictions or similar agreement shall be subject
to the joint review and approval by the Community Development Director,
Public Works Director, and City Attorney. Those aspects that are zoning in
nature shall be structured so they cannot be rescinded or modified without City
concurrence. The City shall have discretion to enforce provisions, which are
zoning in nature. The developer shall be required to pay for the review of the
CC&R's by the City Attorney, Public Works Director and the Community
Development Director at City's hourly billing rate.
34. The applicant/developer shall pay all applicable fees prior to City approval of
Final Map, such as water connection charges, sewer frontage fees, etc.
35. Developer shall notify all prospective buyers that this property shall be subject
to special assessment resulting from the inclusion of the subject site into a
Community Facilities District.
36. A City dedicated water system shall be installed by the applicant/developer as
designed and approved by the Water Division.
37. Each unit shall be metered separately unless otherwise approved by the Water
Manager.
38. The applicant/developer shall furnish and install remote read meters for all
domestic and landscape services of a manufacturer as approved by the Water
Division.
39. Each building shall be protected with a separate fire service unless otherwise
approved by the Fire Department and Water Division.
40. The applicant/developer shall furnish a minimum fifteen-foot
unencumbered access and utility easement to be dedicated to the City of Orange contiguous
to the existing easements and City right-.of-ways as determined by
the Water Division for mains, meters, and
fire hydrants.41. The applicant/developer shall enter into a Decorative
Improvement Agreement with the City prior to approval of the final Public Water
system plan.42. The applicant/developer shall satisfy all water main connection, plan
check, and inspection charges as determined by the City of Orange
Water
43. The applicant/developer shall submit plans for review and approval of all
proposed water facilities to the Public Works Water Division for approval at
least fourteen-calendar days prior to
construction.44. Prior to the issuance of a grading pernlit, the applicant shall provide
suitable access for maintenance of open space Lot "A" in a location to be
mutually acceptable to the applicant and the City, and as approved by the Public
Works
Director.45. The gated entry shall be designed per the requirements of the Public
Works Traffic
Division.46. Developer shall dedicate to the City of Orange a right of access to the
private drives and Lot B for emergency services, trash collection, entrance to the
park,and maintenance of public
utilities.47. Developer shall dedicate to the City of Orange, Lot No 2 for public
park purposes. The Developer shall construct improvements consistent with
the conceptual park plan submitted to the City or as otherwise mutually
acceptable to the Developer and the Department of Community Services
Director.48. Erosion and dust control plans will be reviewed and approved by the City
prior to the issuance of a grading
pemlit.49. Grading within the City Limits of the City of Anaheim will require a
permit from that
City.50. Developer shall reorganize the City of Orange/City of Anaheim boundary
prior to recording the Final
Map.51. Developer shall record a Lot Line Adjustment prior to recording the Final
Tract
Map.52. A homeowner's association shall be established to maintain all lettered lots,
and private streets within the proposed tract and a portion of open space Lot "A"
of TTM 16601, as defined by an easement to be dedicated by the
project homeowner's association and as approved by the Department of Public
Works
Director.53. All street tree planting shall include the installation of root barriers on
the sidewalk side of the tree, or where conditions warrant, the installation of a
deep root box as directed by the City's Landscape
Specialist.54. No landscape irrigation system sleeves will be allowed under public
streets unless service to medians is
required..
55. Water meters shall be installed on the side of the roadway requiring service for
landscaping to eliminate the need for street sleeves.
56. All landscape irrigation sleeves within the public right-of-way shall
be encased in 2-
sack slurry backfill.The following conditions shall be complied with to the satisfaction of
the City of Orange'
s Fire Department 57. The number and location of hydrants shall be determined by
Fire
and Water Departments.58. Prior to issuance ofa fire service (detector ch~ck) the required
water supplies for hydrants and fire sprinkler systems shall be determined and
the water supplies shall be approved by
the Fire Department.59. Provide on-site fire hydrants and mains capable of
supplying the required fire flow. The hydrant model and on-site location shall
be approved by the Fire Department and have a three foot
minimum clearance around the circumference of the fire hydrant. CFC 903.
2, CFC 1001.7.2.60. 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. The access
roadway shall be extended to within 150 feet of all portions of the exterior walls of
the first story of any building. U.F.
C. Sections 901 and 902.61. All streets less than 36 feet wide shall be marked and signed
as a fire lane. The marking and signs shall be provided and installed per
the City of Orange
Fire Departments Fire Lane Standards.62. Dead-end fire apparatus access roads in exeess of
150 feet in length shall be provided with approved provisions for
the tuming around of fire apparatus.Dead-end fire department access roads shall
not exceed 600 feet unless the
Fire Chief approves alternate means of protection.63. The fire sprinkler system shall be designed per N.F.P.
A. 13, u.B.c. Chapter 9,
and u.B. C. Standards 9-1and 9-2.64. The 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 lbs. and Truckweight 60,000 lbs)
U.F.C. Section 902.2.2.2.
The
65. 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.) UF.C. Section 902.2.2.3.
66. Fire facility fees will be required.
67. All roof coverings installed on any new or existing building or structure, shall be
fire retardant UL. listed Class A. (o.M.C. 15.36.030)
68. Buildings or structures hereafter erected constructed, or moved within or into the
High Hazard Area shall comply with the requirements of this section. (O.M.C.
15.36.020) There is established the Climatic and Topographic High Hazard Fire
Zone. Generally, the Zone shall include that portion of the City located easterly
of the boundary starting from the intersection of the northerly city limits and
Santa Ana Canyon Road, southerly along said road to the intersection of Nohl
Ranch Road and Santiago Boulevard. Southerly along Santiago Boulevard to the
northerly and easterly Villa Park City Limits. Then easterly along and then
southerly along said city limits to Hewes Street. Then southerly along Hewes
Street to the city limits of Orang(:.
Roof covering shall be a "Fire-Retardant", Class A as specified
in subdivisions 1 through 4 and 6 through 10 of Section 3202 (e).
Fire-retardant roofs shall be fire stopped and enclosed with approved
material at the eave ends to preclude entry of flame or embers under the
roofing
material.Under floor Areas. Buildings or structures shall have all under
floor areas enclosed to the ground with construction as required for
exterior
walls.Utilities, pipes, furnaces, water heaters, or other mechanical
devices located in an exposed under floor area of a building or structure shall
be enclosed with material as required for exterior one-
hour fire-resistive construction. Adequate covered access-
openings for servicing such utilities shall be provided as
required by appropriate codes.Openings into attics, floors, or other enclosed areas
shall be covered with corrosion-resistant wire mesh with openings
of not less than one-fourth inch (1/4") or more than one-
haIf inch (112") in any dimension except where such openings are
equipped with sash or doors. Chimneys shall have spark
arrestors of
maximum one-half inch (112") screen.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
Failure to abide by and faithfully comply with any and all conditions attached to
this approving action shall constitute grounds for the revocation of said action
by the City of Orange's Planning Commission.
Ifnot utilized, this project approval expires two years from the approval date. A
one-year extension of time may be pern1itted upon written request, if
received before the expiration
deadline.ADOPTED this 10th day of February,
2004.M~r:M~!!
i,
ATTEST:M~~'~~
Orauge 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 10th day of February, 2004, by the
following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz,
Cavecche COUNCILMEMBERS:
None COUNCILMEMBERS:
None COUNCILMEMBERS:
None
L Mary E. Mla City Clerk, Cit
range
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