RES-9720 Tentative Tract Map 16454 ApprovalRESOLUTION NO, 9720
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE APPROVING TENTATIVE TRACT
MAP 16454 TO ALLOW THE SUBDIVISION OF
16.60 ACRES OF LAND FOR A 121 DWELLING UNIT
DEVELOPMENT ON PROPERTY LOCATED AT
THE NORTHWEST CORNER OF SERRANO AVENUE
AND KENDRA DRIVE (SERRANO HEIGHTS
SPECIFIC PLAN - PLANNING AREA 9-A).APPLICANT:
CENTEX
HOMES WHEREAS, Tentative
Tract Map 16454 was filed by the applicant in accordance with the provisions
of the City of Orange Municipal Code; and WHEREAS, Tentative
Tract Map 16454 was processed III the time and manner prescribed by
state and local law; and WHEREAS, the
environmental impacts of the proposal were considered by certified FinaJ Environmental
Impact Report (FEIR) 1305; and WHEREAS, on
January 15, 2003 the Staff Review Committee reviewed the proposed tentative tract
map, site plan, landscaping plans, and building plans, and recommended that the project proceed
subject to conditions; and WHEREAS, on
January 22, 2003 the Design Review Committee reviewed the proposed site,
building, landscaping, and fencing plans and recommended that the Planning Commission and
City Council approve the project subject to conditions; and WHEREAS, the
Planning Commission conducted one duly advertised public hearing on February
3, 2003 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 16454 upon
property generally described as follows:Lot 140,
Tract
16129, MM 821/3-20, in the City of Orange, County of Orange, State
of California and;WHEREAS,
the
City Council conducted one duly adventured public hearing on March 11, 2003
for the purpose of considering Tentative Tract Map 16454.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
that Tentative Tract Map 16454 to allow subdivision of 16.60 acres located at the northwest
corner of Serrano Avenue and Kendra Drive for a 121 dwelling unit development is hereby
approved based on the following findings:
SECTION 1 - FINDINGS 1.
The project conforms to the General Plan in regards to land use designation and density in
that the General Plan land use 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 12 dwelling units per acre.2.
The proposed subdivision is subject to conditions to ensure that the subject site is devdoped
in a manner consistent with the City's General Plan and Zoning Ordinance.3.
The proposed residential uses are compatible with existing single-family and
educational use located in vicinity of the subject site,
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.
5. The Staff Review Committee has reviewed the proposed project and found that City
services are available and adequate to serve the needs of the proposed use.
6. The proposed subdivision complies with the applicable development standards
contained in the Serrano Heights Specific Plan.
SECTION 2 - ENVIRONMENTAL REVIEW Approved
FEIR 1305 was prepared in conjunction with the approval of the Serrano Heights
Sptlcific Plan and it found that the residential development of the subject site 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,SECTION
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 labeled Exhibit A, B, C, D, E,and F (
dated February 3,2003 for identification purposes) and as recommended
for approval by the Staff Review Committee, Design Review Committee,
Planning 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.
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 Director 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 C,C,&Rs, deed restrictions, or similar agreements shall be designed for the entire
site outlining specific responsibilities, such as drainage, utilities, access,parking,
maintenance, landscaping, and enforcement provisions. The C,C,&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 the review of the C,C,&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 area. 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 part ofthe 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.
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 Section66499.37. 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 10 on-site pennants 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 sales 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 oftices 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 subject of this permit, unless such sign is allowed by all applicable
permits and is expressly permitted by written consent 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
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, the
applicant shall submit an acoustical analysis report to the Building Official
for approval. The report shall describe in detail the exterior
noise environment 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 proj
ect.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 construc.tion in a manner meeting the approval
of the Building
Official.11. Prior to the issuance of any grading permits, 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 vehicle 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
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
C,C,&R's 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.
15. All project identification and directional signage shall be reviewed and approved
by the Design Review Committee prior to the issuance of building permits.
The following conditions shall be complied with to the satisfaction of the City of
Orange's Department of Public Works.
16. Subject to conditions of addendum sheet No. I (attached).
17. A Final Tract Map 16454 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. Install private street lighting to City requirements per layout approved by the
City Traffic Engineer.
20. Dedicate to the City of Orange the right to enter the private streets for
maintenance of public utilities, emergency access, trash collection, etc.
21. 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.
22.
Construct (A) street to City 36 feet curb-to-curb private street
standards.CC&R's shall contain a statement that (A) street cannot be
gated.23. Dedicate and construct sanitary sewer systems to City of Orange
Standards,including dedication of
24.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 predictable 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-term maintenance responsibilities (specifying the developer,
parcel owner,maintenance association,
lessee, etc.. .); and, shall reference the location(
s) of structural
BMP'
s.25. 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 grading
permits.26. 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.27. The applicant/developer shall pay all applicable fees prior to City approval
of Final Map, such as water connection charges, sewer frontage fees,
etc.28. The applicant/developer shall notify all perspective buyers that this property
is in Community Facilities District No. 91-2 and subject to
special
assessment.29.Prior to issuance of a grading pennit, the City of Orange Public
Works Department shall approve the trash receptacle location
plan.30. A City dedicated water system shall be installed by the applicant/developer
as designed and approved by the Water
Division.31. Each building shall be metered separately unless otherwise approved by
the Water
32. 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.
33. Each building shall be protected with a separate fire service unless otherwise
approved by the Fire Department and Water Division.
34. 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,35. The applicant/developer shall enter into a
Decorative Improvement Agreement with the City prior to approval of the final Public
Water system plan.36. The applicant/developer shall satisfy all water main connection,
plan check, and inspection charges as determined by the City of
Orange Water Division.37. 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.The following conditions shall be complied with to the satisfaction
of the City of
Orange's Fire Department 38. The number and location of hydrants shall be determined
by
Fire and Water Departments.39. Prior to issuance ofa fire service (detector check) the
required water supplies for hydrants and fire sprinkler systems shall be determined
and the water supplies shall be approved
by the Fire Department.40. 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 1001.7.2.41. 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.
42. 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 Citv of Orange Fire
Departments Fire Lane Standards.
43.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 600 feet unless the
Fire Chief approves alternate means of
protection.44. The fire sprinkler system shall be designed per N.F.P.A. 13, U.B.C. Chapter
9,and U.B. C. Standards 9-
land 9-2.45. 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 Truck weight 60,000 lbs) U.F.C. Section 902.2.
2.2. The access road must be completed
prior to dropping lumber.46. 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
902.2.2.3.47. Fire facility
fees will be required.48. All roof coverings installed on any new or existing building
or structure, shall be fire retardant U.L. listed Class A. (O.M.
C. 15.36.030)49. 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 Orange.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
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-half inch (1/2")
in any dimension except where such openings are equipped with sash or
doors. Chimneys shall have spark arrestors of
maximum one-
half inch (1/2") 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
Code provisions may apply to the project: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.If not utilized, this proj ect approval expires
two years from the approval date. A one-year extension of time
may be permitted upon
written request, if received before the expiration
deadline.ADOPTED
the 8th day of
April,
2003.i~
ftI Mark A. Murphy, Ma ATTEST:P/r
Cassandra J.
I hereby certify that the foregoing Resolution was duly and regularly adopted by the City
COUlncil of the City of Orange at a regular meeting thereof held on the 8th day of April, 2003,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
6t4/~~~
Cassandra J. Cathcart, City Clerk, City of Orange