RES-9511 Approving Appeal No. 482RESOLUTION NO. 9511
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE OVERRULING THE PLANNING
COMMISSION AND APPROVING APPEAL NO. 482
AMENDING TENTATIVE PARCEL MAP 2001-116
AND MINOR SITE PLAN REVIEW 170-01 TO
LOCATE THE PRIVATE DRIVEWAY ALONG THE EAST SIDE
OF THE PROPERTY LOCATED AT 4629
EAST
WALNUT AVENUE.Appeal
No. 482 Appellant: Councilwoman Joanne Coontz, on
behalf of Lynette Ammer and
surrounding
neighbors RECITALS:WHEREAS, this project is categorically exempt from the provIsIOns
of the California Environmental Quality Act per State CEQA Guidelines Section
15315; and WHEREAS, on April 16, 2001, the Planning Commission of the City
of Orange conducted a public hearing required by law to consider an appeal of the
Staff Review Committee's approval of Tentative Parcel Map No. 2001-116 and Minor
Site Plan Review 170-01, which proposed a private driveway along the west
side ofthe property; and WHEREAS, the subject property, commonly known as
4629 E. Walnut Avenue,Orange, is more
particularly described as follows:ADDRESSED 4629 E. WALNUT AVENUE.
SOUTHERLY 235 FEET OF THE EASTERLY 166 FEET OF THE SOUTH
4 ACRES OF THE WESTERLY Y2 OF LOT 13, BLOCK "B"
MR 3/430-431 LA-CO.WHEREAS, by Resolution
No. PC-08-01, the Planning Commission approved Tentative Parcel Map No. 2001-
116 and Minor Site Plan Review 170-01, with certain findings, locating the
private driveway along the west side of the property; and WHEREAS,
Appeal No. 482 was timely filed by the appellant, Councilwoman Joanne Coontz,
on behalf of Lynette Ammer and her surrounding neighbors; and WHEREAS, the City
Council heard the appeal of appellant
by conducting a public hearing on June 26, 2001; and WHEREAS, at
said public hearing, the City Council heard testimony of appellants
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange that, based upon the substantial evidence presented, Appeal No. 482 is approved and
Tentative Parcel Map No. 2001-116 and Minor Site Plan Review No. 170-01
are approved with the driveway located on the east side of the property, based on the
following findings:1. The design of the driveway on the plan proposed by the
appellant is consistent with the surrounding subdivisions and typical for
the area.2. The placement of the driveway on the east side, as proposed
by the appellant, creates a desired buffer between the rear yard of
the existing residences on the east and the new development on
the west.3. Issues of privacy and solar access are adequately addressed
with code required setbacks making it unlikely to create an unreasonable
hardship on
existing neighbors.4. The basic design constraints of historic drainage patterns
and existing infrastructure (a telephone pole on the easterly frontage), contribute
to a logical choice for access on the east side of
the parcel.BE IT FURTHER RESOLVED that the following conditions are imposed
with the approval of Minor Site Plan 170-01 and Tentative
Parcel Map 2001-116:1. A final parcel map shall be recorded within 24 months after
tentative approval and prior to the sale of
lease of any parcel.2. Monuments shall be set based
on a field survey.3. Reciprocal ingress/egress, drainage and utility
easements between parcels and maintenance of common driveway shall be recorded prior to the transfer
of
title of any parcel.4. Each parcel shall have its own separate water
meter and sewer lateral.5. The developer shall construct cable television facilities as required
by the City's
Franchise cable television company.6. All three parcels shall be rough graded at the same time per
a grading plan approved and permitted by the City Engineer including street
frontage curb repair and replacement, as directed by the City Engineer. A
preliminary soils investigation
report will be required.7. All three residential structures shall display the required
address devices per City Ordinance. Lots 2 and 3 shall display an additional similar address
device at
the street driveway entrance.8. Mailboxes shall be at a common location along the Walnut
Avenue parkway per
the Post Office requirements 9. The residential structure on lot 3 shall be fire sprinklered per V.F.
C., in lieu of providing
proper fire truck access.10. The private driveway shall be bonded or constructed per
approved Minor Site Plan Review No. 170-01, and per a plan approved by the City
Engineer prior to the City approving the Final Map. The cul-de-sac and one side
of the drive shall be posted "No Parking - Fire Lane". The drive shall be designed to carry a
60,000
lb. fire truck and trash truck.11. The developer shall dedicate and construct
Walnut Avenue (including city sidewalks)
City standards.
12. This approval is subject to payment of all development fees including but not limited
to: Eastern Transportation Corridor Fee, Police Facility Fee, Fire Facility Fee, Park
Acquisition Fee, School Development Fee, Transportation System Improvement
Program Fee and Drainage Assessment Fee, prior to the issuance of building permits.
13. Building pads shall be 1.0 foot above the 100 year flood elevation per the National
Flood Insurance Program requirements.
14. The private driveway shall be located along the easterly property line.
15" All lots shall consider the property line furthest from the access drive parcel as the rear
property line, and that lot line closest and parallel to the driveway parcel to be the front
property line for purposes of defining yards.
ADOPTED the 28th day of August, 2001.
of Orange
ATTEST:
C444.'A~7'A{.(,d
Cassandra 1. Cath , City Clerk, City of Orange
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 28th day of
August, 2001, by the following vote:
AYES: COUNCILMEMBERS: ALVAREZ, MAYOR MURPHY, COONTZ
NOES: COUNCILMEMBERS: SLATER, CAVECCHE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
Reso No. 9511 3 GAS