RES-9721 Administrative Adjustment Approval Centex HomesRESOLUTION NO, 9721
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE APPROVING ADMINISTRATIVE
ADJUSTMENT 38-03 TO
ALLOW A 20% REDUCTION IN SIDE YARD
SETBACKS FOR A PORTION OF RESIDENTIAL
STRUCTURES WITHIN A 121 DWELLING UNIT
DEVELOPMENT ON 16.60 ACRES OF LAND
LOCATED AT THE NORTHWEST CORNER OF
SERRANO AVENUE AND KENDRA DRIVE
SERRANO HEIGHTS SPECIFIC PLAN
PLANNING AREA 9-
A).APPLICANT: CENTEX
HOMES WHEREAS, Administrative Adjustment 38-03 was filed by the
applicant in accordance with the provisions of the City of Orange Municipal
Code; and WHEREAS, Administrative Adjustment 38-03 was processed in the
time and manner prescribed by state and
local law; and WHEREAS, the environmental impacts of the proposal were
considered by certified Final 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 Administrative Adjustment 38-03 upon property
generally described as follows:Lot 140, Tract 16129, MM 821/3-20, in the
City of Orange, County
of
WHEREAS, the City Council conducted one duly advertised public hearing on March
11,2003 for the purpose of considering Administrative Adjustment 38-
03.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange that Administrative Adjustment 38-03 to allow a 20% reduction in side yard setbacks for
a 121 dwelling unit development on 16.60 acres of land located at the northwest corner
of Serrano Avenue and Kendra Drive 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
acne.2. 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.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 Design Review Committee found that the project created an
interesting neighborhood visual environment and the reduction in side yard setback would
not create an adverse visual impact or adverse living
environment.5. The: Staff Review Committee found that the project exceeded the requirements
for providing on-site private and communal open space and the requested
reduction in sidcl yard setback doe not have an adverse impact to on-site
living
environment or pnvacy.6. The 20% reduction in side yard setbacks does not compromise the
intent of the Serrano
Heights Specific Plan.SECTION 2 -
ENVIRONMENTAL REVIEW Approved FEIR 1305 was prepared in conjunction with the approval of
the Serrano Heights Specific 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 3
development potential of the parcel and a map denoting the eXlstmg 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 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 sub-divider 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 CodeSection 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 Section66474.
9(b).9. 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
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.10.
These conditions will be reprinted on the cover sheet or first page of construction
plans.11.
Prior to issuance of building permits, the Design Review Committee shall review
and approve final building, landscaping, and fencing/wall plans.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 project 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.
lL
of OrangeMarkATTEST:
A'~~ &
r.-#/tI'+ _Cassandra J.
Cathcart, City Clerk, City of Orange 5
I 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 April, 2003,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
44-
1'h'~~ ~/-i4Z
Cassandra J. Cath , City Clerk, City of Orange
6