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RES-11181 Affordable Senior Apts. at1249 E. Katella AveRESOLUTION N0. 11181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DENYING APPEAL NO. 0554-19, AND UPHOLDING THE DECISION OF THE PLANNING COMNIISSION OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT NO. 3083- 19, MAJOR SITE PLAN REVIEW NO. 0970-19, DESIGN REVIEW NO. 4970-19, TWO CONCESSIONS, TWO DEVELOPMENT STANDARD WAIVERS, AND THE DEMOLITION OF AN EXISTING 10,589 SQUARE FOOT OFFICE BUILDING FOR THE CONSTRUCTION OF 74 SENIOR AFFORDABLE APARMENTS LOCATED AT 1249 E. KATELLA AVENUE. APPLICANT: ORANGE SENIOR HOUSING,INC. WHEREAS, the City Council has authority per Orange Municipal Code (OMC) Section 17.08.050 to take action on Appeal No. 0554-19 of a Planning Commission approval of Conditional Use Permit No. 3083-19, Major Site Plan Review No. 0970-19, Design Review No. 4970-19, two concessions, and two development standard waivers for 74 senior affordable apartments at 1249 E. Katella Avenue; and WHEREAS, Conditional Use Permit No. 3083-19,Major Site Plan Review No. 0970-19, and Design Review No. 4970-19 were filed by Orange Senior Housing, Inc. in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Conditional Use Permit No. 3083-19, Major Site Plan Review No. 0970-19, and Design Review No. 4970-19 were processed in the time and manner prescribed by state and local law; and WHEREAS, Conditional Use Permit No. 30$3-19, Major Site Plan Review No. 0970-19, and Design Review No. 4970-19 are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15332 (Class 32, In-Fill Development Projects)because the project complies with the existing general plan and zoning and is located within an urbanized area,and the project would not result in any significant traffic,noise, air quality, or water quality impacts, among other criteria; and WHEREAS, subsequent to May 15, 2019, the City's Streamlined Multidisciplinary Accelerated Review Team(SMART)determined that Conditional Use Permit No. 3083-19,Major Site Plan Review No. 0970-19, and Design Review No. 4970-19 met the requirements of the Orange Municipal Code and deemed the application complete; and WHEREAS, on June 5, 2019, the Design Review Committee reviewed Design Review No. 4970-19 and recommended that the Planning Commission deny the application subject to recommended conditions and findings related to aesthetic, scale, and massing compatibility with the surrounding residential and commercial context; and WHEREAS, on July 29, 2019, the Planning Commission conducted a public hearing, at which time interested parties had an opportunity to testify either in support of or opposition to the proposal and for the purpose of considering Conditional Use Permit No. 3083-19,Major Site Plan Review No. 0970-19, and Design Review No. 4970-19; and WHEREAS, the Planning Commission approved Conditional Use Permit No. 3083-19, Major Site Plan Review No. 0970-19, and Design Review No. 4970-19 after the public hearing on July 29, 2019 by a vote of 5-0; and, WHEREAS, on August 12, 2019, Tuskatella, LLC filed Appeal No. 0554-19 of the Planning Commission approval of Conditional Use Permit No. 3083-19, Major Site Plan Review No. 0970-19, and Design Review No. 4970-19 in accordance with the provisions of the City of Orange Municipal Code; and, WHEREAS,the City Council conducted a public hearing on September 10,2019,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 Appeal No. 0554-19 of the Planning Commission approval of Conditional Use Permit No. 3083-19, Major Site Plan Review No. 0970-19, and Design Review No. 4970-19 upon property described as: LEGAL DESCRIPTION OF PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ORANGE,IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF LOT H OF THE VAN DE GRAFF TRACT, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 4, PAGE 440, MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, SHOWN AS PARCEL 2 ON A MAP THEREOF RECORDED IN BOOK 139, PAGE 5 AND .6 OF PARCEL MAPS RECORDS OF SAID ORANGE COUNTY, RESERVING THEREFROM CERTAIN NON-EXCLUSIVE EASEMENTS FOR 1NGRESS, EGRESS AND PARKING PURPOSES AS SET FORTH IN THE DECLARATION OF RECIPROCAL EASEMENTS RECORDED OCTOBER 24, 1979 IN BOOK 13367, PAGE 97, AS INSTRUMENT NO. 38132 RECORDS OF ORANGE COUNTY. I Resolution No. 11181 2 PARCEL B: A NON-EXCLUSIVE EASEMENT FOR 1NGRESS, EGRESS AND PARKING PURPOSES AS SET FORTH 1N THAT CERTAIN DECLARATION OF RECIPROCAL EASEMENTS RECORDED OCTOBER 24, 1979 IN BOOK 13367,PAGE 97,AS INSTRUMENT NO. 38132, RECORDS OF ORANGE COUNTY, OVER THOSE PORTIONS OF SAID PROPERTY. APN: 375-361-48] NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby denies Appeal No. 0554-19, and upholds the decision of the Planning Commission to approve Conditional Use Permit No. 3083-19, Major Site Plan Review No. 0970-19, Design Review No. 4970-19, two concessions, and two development standards waivers to construct a 74- unit senior affordable apartment building located at 1249 E. Katella Avenue, based on the following findings: SECTION 1 —FINDINGS General Plan 1.The project must be consistent with the goals and policies stated within the City's General Plan. The proposed project supports the goals of the existing General Plan Housing Element and Land Use Element by fulfilling a range of housing density and type to meet the diverse needs and lifestyles of residents; utilizes buffering techniques; removes governmental constraints to housing development through the use of concessions and waivers; and, provides a housing option for Orange's aging population which was identified in the needs assessment in the Housing Element. Additionally, the project supports the goals of the Circulation and Growth Management Elements with the placement of residential uses in close proximity to public transit and jobs and services. The project also supports the goals of the Urban Design Element by accommodating compact development along Katella Avenue. Conditional Use Permit 1.A Conditional Use Permit shall be granted upon sound principles of land use and in response to services required by the community. The senior affordable apartment project is sited in an appropriate location along a commercial corridor next to a retail shopping center. Resident-serving uses in proximity to the site include grocery shopping, pharmacy, health services, service uses, and public transit. The site is also close to the State Route 55 Freeway. The proposed project supports the goals of the existing General Plan Housing Element and Land Use Element by fulfilling Resolution No. 11181 3 a range of housing density and type to meet the diverse needs and lifestyles of residents; utilizes buffering techniques; removes governmental constraints to housing development through the use affordable housing provisions of State law; and, provides an affordable housing option for Orange's aging population which was identified in the needs assessment in the Housing Element. 2.A Conditional Use Permit shall not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located. The proposed senior housing apartment project will be located on a site with an existing vacant bank building adjacent to commercial and residential uses. The site is designed with sensitivity to community aesthetics. The architecture for the building utilizes a consistent and repetitive theme of colors, materials, shapes, and forms. The 6 to 20-foot setback of the building from Katella Avenue with the enhanced landscaping will integrate the building with the streetscape. While the building height of 42 feet is not typical for the Katella corridor, due to the scale of the roadway and the position of the proposed community spaces and surface parking along the northern portion of the site that interfaces with the single-family neighborhood, the height does not seem out of context with the other commercial buildings located along Katella Avenue. The site is directly adjacent to single family residential to the north, but the building is situated on the southern portion of the property with the surface parking lot and community spaces located on the northern portion of the site. Additionally, the existing and proposed trees and 8-foot hedge along the northern property line will provide visual sepazation between the building mass and the residents to the north. The project will implement project design features such as opaque balcony railings and frosted glass windows to minimize potential privacy impacts to the single-family residences. A distance of approximately 100 feet will exist between the building and the nearest residential property line. Traffic and parking have been evaluated and Traffic Division staff have determined that there will be no detrimental effects to traffic on E.Katella Avenue and N. California Street. 3.A Conditional Use Permit must be considered in relationship to its effect on the community or neighborhood plan for the area in which it is located. There is no community or neighborhood plan for the area. However, as stated in the General Plan finding, the project is consistent with and implements the General Plan. The proposal is not anticipated to have an adverse impact on the community because the proposed project also provides for setbacks from adjacent residential in excess of that required by code and has implemented project design features to reduce potential impacts to the adjacent single-family residences. 4.A Conditional Use Permit, ifgranted, shall be made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant. Resolution No. 11181 4 Conditions are placed on the project to ensure necessary infrastructure is provided, to ensure safety of users, to ensure quality aesthetic design and landscaping is implemented, and to ensure that the property is maintained in perpetuity. Conditions also remind the applicant of the need to pay development impact and permit fees for the project's share of utilization of City infrastructure and services. Major Site Plan Review 1. The project design is compatible with surrounding development and neighborhoods. The project utilizes contemporary architectural design that is comparable to surrounding buildings and incorporates high quality elements that respond to the site's topography, neighborhood adjacency, and street presence. The project includes appropriate setbacks; utilizes appropriate building materials typical for or desired for building improvements in the neighborhood; provides an integrated landscape theme; uses landscaping to buffer massing of the project from surrounding uses;provides for adequate on-site circulation and parking; and,presents no conflicts with surrounding uses. The site is designed with sensitivity to community aesthetics. The architecture for the building utilizes a consistent and repetitive theme of colors, materials, shapes, and forms. The 6 to 20-foot setback of the building from Katella Avenue with the enhanced landscaping will integrate the building with the streetscape. While this building height is not typical for the Katella corridor, due to tlie wide "Smart Street" scale of the roadway and the position of the proposed community spaces and surface parking along the northern portion of the site that interfaces with the single-family neighborhood, the height does not seem out of context with the other commercial buildings located along Katella Avenue. The location of the project site adjacent to a retail shopping center will help support local services and retail. The trash enclosure will be located in the interior of the proposed building and mechanical equipment, including gas meters will be screened from surrounding uses. Trees and shrubs are planted in targeted landscape focal areas, as well as groundcover, to provide a visual enhancement to the site and streetscape, and also facilitates the project's integration with the surrounding context. The site is directly adjacent to single-family residential development to the north, but the building is situated on the southern portion of the property with the surface parking lot and community spaces located on the northern portion of the site. Additionally, the existing and proposed trees and 8-foot hedge along the northern property line will provide visual separation between the building mass and the residents to the north. The project will implement project design features such as opaque balcony railings, frosted glass windows, and warm lighting in stairwells to minimize potential privacy impacts to the single-family residences. Lighting is designed to prevent spillage on adjacent properties. A distance of approximately 100 feet will exist between the building and the nearest residential property line. Resolution No. 11181 5 2.Major Site Plan approval shall be granted if the project conforms to City development standards and any applicable special design guidelines or specific plan requirements. With the utilization of the affordable housing provisions of State law,the project conforms to the City Development Standards of the Commercial Professional (C-P) zone including but not limited to: floor area ratio, setbacks,parking, and landscaping. Without the concessions and development standard waivers, the plan would not comply with the C-P zone Development Standards for building height,number of stories,masonry wall requirement and tree count. However, these items are allowed under the Density Bonus provisions of OMC Chapter 17.15 and California's State density bonus law,codified in the California Government Code at Sections 65915-65918 for an affordable housing development. Although the project does not involve a density bonus, the affordable housing provisions of the Code avail the projeot of concessions and waivers. There are no special design guidelines or specific plans for the site. As stated in the General Plan finding,the project implements the General Plan. 3.Major Site Plan approval shall be granted if the project provides for safe and adequate vehicular and pedestrian circulation, both on-and off-site. Access to the site would occur exclusively from N. California Street, a dedicated alley aligned with N. California Street. As determined by City Fire Department and Public Works Department Traffic Division staff, under the proposed design, all site tenants, occupants, service providers, waste hauling vehicles and, emergency service vehicles will be able to safely and adequately access the site. The project does not affect any level of service for streets in the vicinity of the project as documented in the traffic impact analysis generated for the project. 4.Major Site Plan approval shall be granted if City services are available and adequate to serve the project. City services are adequate to provide services for the proposed project. The site is served by adequate water, sewer, electricity and dry utilities. Fire, Police, and other development impact fees will be paid in conjunction with building permit fees. 5.Major Site Plan approval shall be granted if the project has been designed to fully mitigate or substantially minimize adverse environmental effects. No adverse environmental effects were identified resulting from project implementation. The project was reviewed against the criteria for a Categorical Exemption. The proposed project is categorically exempt from the provisions ofthe California Environmental Quality Act (CEQA) per State CEQA Guidelines 15332 (Class 32 —In-fill Development Projects) as detailed in Section 2 of this Resolution. Additionally, traffic, noise, air quality, public services, and utilities assessments were prepared for the project and concluded that the project would not result in impacts, supporting the Class 32 exemption. Resolution No. 11181 6 Design Review 1.In the Old Towne Historic District, the proposed work conforms to the prescriptive standards and design criteria referenced and/or recommended by the DRC or other reviewing body for the project (OMC 17.10.070.G.1). The project is not in the Old Towne Historic District, therefore this finding is not applicable. 2.In any National Register Historic District, the proposed work complies with the Secretary of the Interior's standards and guidelines (OMC 17.10.070.G.2). The project is not in a National Register Historic District, therefore this finding is not applicable. 3.The project design upholds community aesthetics through the use of an internally consistent, integrated design theme and is consistent with all adopted specific plans, applicable design standards, and their required findings (OMC 17.10.070.G.3). The site is designed with sensitivity to community aesthetics. The architecture for the building utilizes a consistent and repetitive theme of colors, materials, shapes, and forms. The 6 to 20-foot setback of the building from Katella Avenue with the enhanced landscaping will integrate the building with the streetscape. The colors, materials, forms, and articulation function to break up the massing of the building into smaller modules that are more representative of the surrounding development. The building is designed to place the largest three-story massing at the south end facing Katella Avenue. While this building height is not typical for the Katella corridor; due to the scale of the roadway and the position of the proposed cornmunity spaces and surface parking along the northern portion of the site that interfaces with the single-family neighborhood,the height does not seem out of context with the other commercial buildings located along Katella Avenue. The project is not located in an azea of the City subject to a specific plan or design standards. 4.For infill residential development, as specified in the City of Orange Infzll Residential Design Guidelines, the new structure(s)or addition are compatible with the scale, massing, orientation, and articulation ofthe surrounding development and will preserve or enhance existing neighborhood character (OMC 17.10.070.G.4). The project is not an infill residential project. Therefore,this finding does not apply. Concessions and Incentives/Waivers and Reductions 1.The application for concessions and incentives meets the threshold requirements of the definition of concessions and incentives set forth in Section 17.1 S.020, in particular, they - result in identifiable, financially sufficient, and actual cost reduction for the housing development. Resolution No. 11181 7 Without concessions for building height and stories, fewer rooms for seniors would result which would not malce the project.fmancially viable. Furthermore, Orange Municipal Code Section 17.18.120 would otherwise allow the Planning Commission to grant a Conditional Use Permit for greater height and stories. 2.The incentives and concessions are required in order to provide for affordable housing costs or for affordable rents for the lower income density bonus units proposed by the applicant. The cuxnulative whole of the concessions will help to maximize the number of units provided which will facilitate affordability for the entire project as a result of the concessions. Without concessions for building height and stories, fewer rooms for seniors would result which would not make the project financially viable. 3.The project would not have any specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.S of the Government Code, upon public health, safety or the physical environment, and for which there is not feasible method to satisfactorily mitigate or avoid the specific adverse impact. There is no adverse impact on public health or safety as a result of the project. There are no state or federal laws that the project conflicts with. The project site is not designated for agriculture or resource preservation, nor is adjacent land on at least two sides. The project is consistent with the General Plan and zoning ordinance. 4.The project would not have an adverse impact on any real property that is listed in the California Register ofHistorical Resources. The property or adjacent properties are not listed in the California Register of Historical Resources and the nearest designated property is over a quarter of a mile away. Neither the project site nor adjacent property would qualify as a historically significant resource. 5.The project would not have an adverse effect on any real properry that qualifies for inclusion in a local, state or federal listing of historically significant resources. An adverse effect is found when a project eligible for a density bonus may alter, directly or indirectly, any of the characteristics of any real property that qualifies for inclusion in a local, state or federal listing of historically significant resources in a manner that would diminish the integrity of the properry's location, design, setting, materials, workmanship, feeling, or association. The existing office building, the project site, or the buildings in the vicinity have not been identified as eligible for inclusion in any listing per the City's most recent historical site survey in 2005. Furthermore, the existing building on-site have been evaluated by staff who found that they do not qualify for inclusion in a local, state, or federal listing of historically significant resources. Resolution No. 11181 8 6.The development standard being waived would othenvise preclude or inhibit the construction of the housing development with the density bonus to which the housing development is entitled and that are needed to make the housing development economically feasible. Without the waiver for tree count, fewer rooms for seniors would result which would not make the project financially viable. The 10-foot storm drain easement on the property reduces the amount of tree planting area available on the project site. To meet the requirement for the number of trees, the building footprint would need to be reduced. Without the waiver for the masonry wall, the project could potentially be required to remove the existing mature trees,reducing the buffer between the single-family residences and the proposed project. 7.The project meets the threshold requirements of the definition of a waiver or reduction as defined in Orange Municipal Code Section 17.15.020. Orange Municipal Code Section 17.15.020 defines Waivers and Reductions as Modifications to development standards that would otherwise preclude construction of the housing development with the density bonus and concessions and incentives to which the housing development is entitled and that are needed to make the housing development economically feasible." The project provides affordable senior housing units. The development standard waivers are needed per the justification in the above finding. The waiver for the required masonry wall allows the retention of the existing mature trees along the northern property line. The development standard waiver granting fewer trees facilitates more building area on the par.cel, which helps make the project more economically feasible because more area is dedicated to housing than to landscaping. Additionally, the 10-foot easement for the storm drain on the site reduces the amount of area for trees. SECTION 2—ENVIRONMENTAL REVIEW Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act(CEQA)per State CEQA Guidelines 15332 (Class 32—In- fill Development Projects)because the project meets the following criteria: a.With the allowed density bonus, the project.is consistent with the existing General Plan designations, General Plan policies and, applicable zoning designations and regulations. b.The project is in the City on a site less than five acres and is substantially surrounded by urban uses. c.The project site has no value as habitat for endangered, rare or threated species. d.The project has been evaluated for significant effects relating to traffic, noise, air quality, and water quality and no significant effects have been identified. e.The site would be adequately served by all required utilities and public services. The project would not trigger any exceptions from State CEQA Guidelines 15300.2 based on location, cumulative impacts, significant effects, location near a scenic highway, location on a hazardous waste site, or causing`substantial adverse change to a historical resource because the Resolution No. 11181 9 project is not on an environmentally sensitive site, does not contribute to cumulative impacts, will not have a significant effect on the environment, is not near a scenic highway, is not on hazardous waste site, and is not a historical resources site. No environmental public review is required. SECTION 3—CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed with the recommendation of approval: General Conditions 1. The project shall conform in substance and be maintained in general conformance with plans and e chibits approved by the Planning Commission, including any modifications required by conditions of approval, as approved by the Planning Commission. Any future expansion in area or in the nature and operation of the use approved by Conditional Use Permit No. 3093-19, Major Site Plan Review No. 0970-19, Design Review No. 4970-19, and two concessions and two development standard waivers shall require the applicable application. 2. The applicant agrees to indemnify,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 these permits,save and except that caused by the City's active negligence. The City shall promptly notify the applicant of any such claim, action, or proceedings and shall cooperate fully in the defense. 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 the use will be cause for revocation of this permit. 4. Any modifications to the plans including, but not limited to, the landscaping and parking as a result of City Department requirements such as Building Codes,water quality, Fire,or Police shall be submitted for review and approval to the Community Development Director or designee. Should the modifications be considered substantial,the modifications shall be reviewed and approved by the Planning Commission and/or Design Review Committee as determined by the Community Development Director. 5. 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 deternunes 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 plan, the Community Development Director may approve the changed plan without requiring a new public hearing. Resolution No. 11181 10 6. The project approval includes certain fees and/or other exactions. Pursuant to Government Code Section 66020, these conditions or requirements constitute written notice of the fees and/or exactions, in accordance with the most current Fee Schedule. The applicant is hereby notified that the ninety (90) day protest period commencing from the date of approval of the project has begun. If the applicant fails to file a protest regarding these conditions or requirements, the applicant is legally barred from later challenging such exactions per Government Code Section 66020. 7. Conditional Use Permit No. 3093-19, Major Site Plan Review No. 0970-19, and Design Review No. 4970-19 shall become void if not vested within two years from the date of approval. Time extensions may be granted for up to one year, pursuant to OMC Section 17.08.060. 8. The Migratory Bird Treaty Act (MBTA) governs the taking, killing, possession, transportation, and importation of migratory birds, their eggs, parts, and nests. The trees that would be removed as part of the project have the potential to provide suitable nesting opportunities for nesting birds. To comply with the MBTA, in the event that vegetation and tree removal should occur between January 15 and September 15 (nesting season),the project applicant shall retain a qualified biologist to conduct a nesting bird survey no more than three days prior to commencement of construction activities. The biologist conducting the clearance survey shall document any negative results. If no active bird nests are observed on the project site or within the viciiuty during the clearance survey, a brief letter report shall be submitted to the City of Orange Community Development Department prior to construction, indicating that -no impacts to active bird nests would occur before construction can proceed. If an active avian nest is discovered during the pre-construction clearance survey, construction activities shall stay outside of a 300-foot buffer around the active nest. For listed and raptor species,this buffer shall be 500 feet. A biological monitor shall be present to delineate the boundaries of the buffer area and to monitor the active nest to ensure that nesting behavior is not adversely affected by .the construction activity, pursuant to the MBTA. Prior to the commencement of construction activities and the issuance of any permits, results of the pre-construction survey and any subsequent monitoring shall be provided to the CiTy of Orange Community Development Deparlment, California Department of Fish and Wildlife, and other appropriate agencies. 9. Glare from any new or remodeled lighting on the premise shall be installed in such a way to direct, control, and screen the lighting to prevent off site light spillage onto adjoining properties and shall not be a nuisance to any point beyond the exterior boundaries of the property or cause illumination in residential districts in excess of 0.5 foot-candles. Glare restrictors shall be included on any light poles adjacent to the north property line. Prior to certificate of occupancy, the applicant shall contact the Orange Police Crime Prevention Bureau and set an appointment on-site to test all lighting to ensure it meets OMC standards. Resolution No. 11181 11 10. North facing balconies shall have privacy preserving material below the railing, including wood or vinyl, and be designed in such a way to be opaque while allowing for air flow. 11. Prior to building permit issuance,the applicant shall identify the precise location of existing wa11s proposed for demolition. If the location of the existing wall slated for demolition is wholly or partially upon an adjacent property, the applicant shall secure the property owner(s) approval to demolish and replace the wall. The applicant will be responsible for any site repairs to walls damaged through demolition activity. 12. In addition to the above conditions, procedural requirements are coritained in Attachment A of this resolution. ADOPTED this l Oth day of September 2019. V Mark A. Murphy, Mayor, Ci f Orange ATTEST: amela Coleman, City Clerk, City of Orange I, PAMELA COLEMEN, 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 regulaz meeting thereof held on the lOth day of September 2019, by the following vote: AYES: COUNCILMEMBERS: Alvarez, Murphy,Nichols,Monaco NOES: COiJNCILMEMBERS: None ABSENT: COiJNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Pamela Coleman, City Clerk, City of Orange Resolution No. 11181 12 Attachment A PROCEDURAL CONDITIONS GENERAL 1. Building permits shall be obtained for all construction work, as required by the City of Orange, Community Development Department's Building Division. Failure to obtain the required building permits may be cause for revocation of this entitlement. 2. The project approval includes certain fees and/or other exactions. Pursuant to Government Code Section 66020, these conditions or requirements constitute written notice of the fees and/or exactions. The applicant is hereby notified that the ninety (90) day protest period commencing from the date of approval of the project has begun. If the applicant fails to file a protest regarding these conditions or requirements, the applicant is legally barred from later challenging such exactions per Government Code Section 66020. 3. In conjunction with construction, all activity will be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday through Saturday. No construction activity will be permitted on Sundays and Federal holidays. 4. These conditions shall be reprinted on the second page of the construction documents when submitted to the Building Division for the plan check process. 5. Any graffiti shall be removed within 72 hours from the time the City of Orange Notice of Violation is received by the applicantlproperty owner. PLANNING 1. Prior to building permit issuance, all required parking spaces shall be shown on construction documents as doubled striped to City standards at the time of approval. 2. Prior to Certificate of Occupancy, all parking lot and landscaping improvements shall be completed according to the approved plans and to the satisfaction of, the Community Development Director. 3. Prior to Building Permit issuance, the applicant shall pay all of the applicable Development Impact Fees in accordance with the most current fee schedule. 4. Prior to Building Permit issuance, the applicant shall pay any outstanding monies due to the City of Orange for Planning Division entitlement activities related to this project. 5. In conjunction with the operation of the senior affordable apartments,the property owner shall be responsible to maintain the property to a level deemed adequate by the Community Development Department. This includes,but is not limited to,the buildings, Resolution No. 11181 Attachment A Page 1 of 12 carports, landscape on-site, recreational facilities,trash areas, signage,utilities,property walls, and gates. 6. The term "applicant" shall refer to the entity that requests approval of this action or any successor in interest to this approval. 7. Prior to building permit issuance, construction documents shall show that all structures comply with the requirements of OMC Chapter 15.52 (Building Security Standards) which includes, but is not limited to: hardware, doors, windows, and lighting. Specifications, details, or security notes may be used to convey compliance. 8. Prior to building permit issuance, the applicant shall obtain approval from the Planning Division for any and all signage associated with the proposed project and/or business. TRASH ENCLOSURES 1. Prior to building permit issuance,the applicant shall demonstrate to the satisfaction of the City that coordination has occurred with CR&R, the City's waste hauler, or successor to schedule trash collection from the site the number of times necessary to ensure that waste, refuse, organics and recycling materials are collected to prevent container overflow on- site. 2. Prior to permit issuance, the applicant shall submit and receive approval from the Community Development Director for a Waste Reduction Plan. The applicant shall coordinate with the City's Building Division to develop a plan to employ measures to reduce the amount of construction generated waste. SCREENING 1. Prior to building permit issuance, the applicant sha11 demonstrate to the satisfaction of the Community Development Director that new mechanical equipment screening shall be installed that architecturally matches the building. 2. Prior to building permit issuance,the applicant shall demonstrate to the satisfaction of the Community Development Director that any mechanical equipment screen shall be painted to match the walls of the building. 3. Prior to building permit issuance,the applicant shall demonstrate to the satisfaction of the Community Development Director that all,mechanical and air conditioning equipment shall be shielded and screened from view from adjacent streets and properties. The screening shall be integrated architecturally with the building. AFFORDABLE HOUSING PROVISIONS 1. Prior to the issuance of Certificate of Occupancy, a deed restriction shall be placed on the property for a period of 55 years to ensure that the apartments would be rented to those who qualify for low and very low income housing. This use reservation period shall begin Resolution No. 11181 Attachment A Page 2 of 12 on the date that the certificate of occupancy is granted for the affordable units. 2. Prior to the issuance of Certificate of Occupancy, the Community Development Director or his/her designee shall review and approve the general apartment lease form to ensure that the conditions of approval which affect the residents are added to the lease form. The Community Development Director shall review and approve of any subsequent lease forms changes. 3. OMC Section 17.15.070.0 requires that the maximum rent schedule be submitted to the Community Development Department prior to the issuance of an occupancy permit. This shall be updated annually on the anniversary of occupancy and provided to the City. 4. Prior to the issuance of a building permit, the applicant shall record a Density Bonus Housing Agreement on the parcel(s)designated for the construction of the affordable units. The Density Bonus Housing Agreement shall be drafted by the applicant and reviewed by the Community Development Director and the City Attorney with a recommendation to the Planning Commission for final approval. The Density Bonus Housing Agreement shall provide those provisions listed in OMC 17.15.070, including: a. The rules and procedures for qualifying tenants, establishing affordable rent,filling vacancies and maintaining the affordable units for qualified tenants. b. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter. c. Provisions requiring owners to submit an annual report to the city, which includes the name, address and income of each person occupying each affordable unit, and which identifies the bedroom size and monthly rent or cost of each affordable unit. d. Determination of Rent. A maximum rent schedule shall be submitted to the Department of Community Development prior to the issuance of an occupancy permit for the affordable units, and updated annually on the anniversary date of occupancy. e. Deposit amount. Total move-in costs for eligible tenants occupying affordable units shall be limited to first month's rent plus a security/cleaning deposit not to exceed one month's rent. f. Upward Mobility Allowance. When a tenant occupying an affordable unit no longer qualifies under the income requirements, verified through the monitoring program required as part of the Density Bonus Housing Agreement,that tenant may then be charged market rate rent. If this occurs, any currently vacant unit of similar type to the affordable unit in question sha11 then be designated as an affordable unit, and the owner shall immediately attempt to secure tenants in accordance with this chapter. The owner is required to maintain at all times during the use restriction the minimum number of affordable units identifies in the Density Bonus Housing Agreement. Resolution No. 11181 Attachment A Page 3 of 12 g. Subletting of Affordable Units. No subletting of designated affordable units shall be allowed unless the following conditions are met: i. Written permission is obtained from the Community Development Director ii. The sublessee qualifies as a very low or lower income household. iii. The rent collected shall not exceed the maximum affordable rent. POLICE CONDITIONS 1. Security and design measures that employ Defensible Space concepts shall be utilized in development and construction plans, as recommended by the City review team and as approved by The Planning Commission through the approved project plans. These measures incorporate the concepts of Crime Prevention through Environmental Design CPTED), which involves consideration such as placement and orientation of structures, access and visibility of common areas, placement of doors, windows, addressing and landscaping. 2. A construction site security plan shall be submitted to the Orange Police Department Crime Prevention Bureau prior to the beginning of construction. 3. Prior to the issuance of Certificate of Occupancy, the applicant shall schedule a light reading inspection with the Crime Prevention Bureau. The lighting shall be tested and confirmed to determine if the lighting meets or exceeds the exterior boundary standards. The applicant shall use shielding so as to ensure that the light standards meet the requirements of OMC Section 17.12.030 for the areas beyond the property's exterior boundaries; light spillage or pollution to surrounding residential azeas shall not exceed a maintained minimum of 0.5 foot-candle. 4. Plans submitted for building plan check shall demonstrate that the City's Security Guidelines have been reviewed and are implemented on the plans, in addition to the City of Orange Building Security Standards, OMC Chapter 15.52. LANDSCAPING 1. Prior to building permit issuance, the applicant shall prepare a final landscaping and irrigation plan consistent with the grading plans,site plans, and the conceptual landscaping plan as proposed for the project for the review and approval of the Director of Community Development and Community Services Director. 2. Prior to building permit issuance,the final landscape plan shall be reviewed and approved by the Public Works Director when landscaping is proposed within the public right-of-way and/or the project is constructing Storm Water Quality Best Management Practices in landscaped areas. Resolution No. 11181 Attachment A Page 4 of 12 i I 3. Prior to building permit issuance, the final landscape plan shall be reviewed and approved by the Orange Fire Department if landscaping is proposed in azeas subject to Fire Department jurisdiction, which may include, but is not limited to, fuel modification areas or fire laddering areas. 4. Prior to building permit issuance, final landscaping plans for the project shall be designed to comply with the City's Water Efficient Landscape Guidelines as described in Section IX et al of the City of Orange Landscape Standards and Specifications. 5. Prior to submitting plans for building plan check, the applicant shall verify street tree requirements with the Public Works Department and shall note so on the landscape plan. 6. Plans submitted for building plan check shall show that all landscaping located within public areas shall include the installation of root barriers acceptable to the Public Works Department on the sidewalk side of the tree, or where conditions warrant, the installation of a Deep Root box as directed by the Public Works Director. 7. The final landscape plan approved as part of the building plan check plan set shall include a note that a fully automated irrigation system will be provided. 8. Prior to building permit issuance, City required irrigation and landscape inspection notes shall be placed on the final landscape plan, to the satisfaction of the Community Services Director. 9. Prior to building permit issuance, a Tree Removal Permit shall be approved by the Community Service Director in accordance with OMC Chapter 12.32. A plan is required for submittal to the City depicting all of the existing on-site trees, the species of each tree, and the number of trees proposed for removal and replacement. 10. Plans submitted for building plan check shall show that landscape areas within the parking lot are distributed throughout the parking area, consistent with plans approved by the Planning Commission. 11. Landscaping shall be maintained in a neat and healthy condition in perpetuity. Should plant material die, the properiy owner shall replace it within a month with similar plant material. WATER DIVISION 1. Prior to building permit issuance, the applicant sha11 submit improvement plans to the Water Division for review and approval for any new fire hydrants,domestic water services, fire services, landscape services, and any other proposed improvements or relocations affecting the public water system facilities. 2. Prior to building permit issuance, the applicant shall be responsible for the installation and/or relocation of the proposed or existing.public water system facilities to a location and of a design per the improvement plans approved by the Water Division. Resolution No. 11181 Attachment A Page 5 of 12 3. Prior to issuance of the certificate of occupancy, the applicant shall be responsible for the installation of necessary fire hydrants and fire services as approved by the Fire Department and Water Division. 4. Prior to building permit issuance, the Water Division shall approve the type and location of landscaping and fire service (detector check) device for proposed City services. 5. Prior to building permit issuance, construction documents shall show a minimum 20-foot separation from the public water system facilities to the proposed/existing buildings and structures per the City of Orange Standard Location Of Under rounding;Utilities Standard and as approved by the Water Division. 6. Prior to building permit issuance, construction documents shall show that the installation of sewer mains in the vicinity of water mains is done per the Department of Public Works Water Division Standard No. 113 and will be approved by the Water Division. 7. Prior to building permit issuance, construction documents shall show that a six-foot minimum horizontal clearance and a one-foot minimum vertical clearance would be maintained between City water mains, laterals, services,meters, fire hydrants and all other utilities except sewer. The Water Division shall review and approve the construction documents. 8. Prior to building permit issuance, construction documents shall show that an eight-foot minimum clearance is provided between City water mains, laterals, services, meters, fire hydrants, signs, or trees or other substantial shrubs and plants as required by the Water Division. The Water Division shall review and approve the construction documents. 9. Prior to building permit issuance,construction documents shall show that permanent signs, awning, surface water quality management features or other structures are not built over water mains, laterals, services,meters, or fire hydrants as required by the Water Division. 10. Prior to building permit issuance for the first phase of work, the applicant shall be responsible for obtaining approval all of the necessary encroachment permits from affected agencies for all public water construction work. 11. Prior to approval of a water improvement plan, the applicant shall satisfy all water main connection,plan check, and inspections chazges as determined by the Water Division. 12. Prior to approval of the water improvement plan, the applicant sha11 satisfy all water construction bond requirements for the installation of the public water system improvements as determined by the Water Division. 13. Prior to approval of the water improvement plan, the applicant shall furnish a dedicated and graded 15-foot minimum unencumbered access and utility easement that will be contiguous to an existing City right-of-way and/or easements as detertnined by the Water Division for all existing City water facilities that will remain and all proposed City water facilities, including main meters, detector checks and fire hydrants. The applicant shall Resolution No. 11181 Attachment A Page 6 of 12 i enter into a Grant of Easement and A reement with the City of Orange as approved by the Water Division. 14. Prior to the issuance of any grading pernut, the applicant shall construct all public and/or private improvements to the satisfaction of the Water Division. The applicant may be required to enter into an agreement with the City of Orange, and post security in a form and amount acceptable to the City Engineer andlor Water Division to ensure construction of said improvements. 15. Plans submitted during plan check shall show that the water improvement plans are consistent with the fire suppression plans and or fire master plan. The applicant's consultant preparing the water improvement plans shall coordinate their plans with the consultant preparing the fire suppression plans and/or fire master plan so that their designs concur. 16. Plans submitted during plan check shall show that the minimum separation requirements are met and that each of the various designer's plan sets match. The applicant's consultant preparing the improvement and utility plans shall coordinate their plans with the consultants preparing the landscape, architectural, surface water quality management, fire master and/or fire suppression plans so that their designs are consistent. 17. At least fourteen calendar days prior to commencing construction, the applicant's civil engineer shall prepare and provide product material submittals consistent with the water improvement plans for all proposed public water system facilities to the Water Division per the City of Orange General Water Construction Notes for review and approval. 18. Prior to issuance of certificate of occupancy, the applicant shall furnish and install individual pressure regulators on new services where the incoming pressure exceeds eighty-pounds per square inch. 19. Prior to the issuance of a certificate of occupancy,the applicant shall furnish two keys,key cards, and/or remote operated keys to the Water Division for locked entrances in order to provide necessary access to public water system facilities within the locked area, unless otherwise approved by the Water Division. FIRE DEPARTMENT 1. Plans submitted for Building Plan Check shall comply with the California Fire Code as amended by the City and as in effect at the time of application for Building Permit. 2. The Fire Department notes provided to the project applicant shall be provided within the plans submitted for Building Plan Check. However, the plans shall comply with current Fire Codes regardless of the codes quoted in the notes provided in the letter. 3. Prior to building permit issuance, a copy of the approved fire master plan shall be submitted with the plans submitted for Building Plan Check. Resolution No. 11181 Attachment A Page 7 of 12 i; CI 1 II 4. The applicant shall pay applicable fire plan check fees at time of application submittal and inspection fees at the time of building permit issuance. TRAFFIC CONDITIONS 1. Prior to building permit issuance, the site grading and utility plans shall clearly show the disabled person access ramps at the project entrance curbs. The project proponent shall be responsible for ensuring that the disabled person access ramps at the project entrance curbs are installed according to City standards prior to issuance of a certificate of occupancy. 2. Prior to building permit issuance,the applicant shall prepare a traffic management plan to temporarily route Katella Avenue tr c while utility improvements are being conducted in the public right-of-way. 3. The applicant shall prepare a construction traffic management plan for City review and approval by the Public Works Director prior to issuance of any street encroachment permit. At a minimum, this plan shall include a construction schedule identifying expected dates and times of lane closures. WATER QUALITY CONDITIONS 1. Prior to the issuance of any grading permits the applicant shall submit a Priority Project WQMP for review and approval to the Public Works Department that: a. Prioritizes the use of Low Impact Development principles as follows: preserves natural features; minimizes runoff and reduces impervious surfaces; and utilizes infiltration of runoff as the method of pollutant treatment. Infiltration BMPs to be considered include the use of permeable materials such as concrete and concrete pavers, infiltration trenches, infiltration planters, and other infiltration BMPs as applicable, b. Incorporates the applicable Site Design, Routine Source, Structural Control and Low Impact BMPs as defined in the Model Water Quality Management Plan and Technical Guidance Document, c. Maintains the hydrologic characteristics of the site by matching time of concentration, runoff,velocity, volume and hydrograph for a 2-year storm event, d. Minimizes the potential increase in downstream erosion and avoids downstream impacts to physical structures, aquatic and riparian habitat, e. Generally describes the long-term operation and maintenance requirements for structural and Treatment Control BMPs, f. Identifies the entity or employees that will be responsible for long-term operation, maintenance, repair and or replacement of the structural and Treatment Control BMPs and the training that qualifies them to operate and maintain the BMPs, Resolution No. 11181 Attachment A Page 8 of 12 i i i g. Describes the mechanism for funding the long-term operation and maintenance of all structural and Treatment Control BMPs, h. Includes a copy of the forms to be used in conducting maintenance and inspection activities, i. Meets recordkeeping requirements (forms to be kept for 5 years). j. Includes a copy of the form to be submitted annually by the project owner to the Public Works Department that certifies that the project's structural and treatment BMPs are being inspected and maintained in accordance with the project's WQMP. 2. Prior to the issuance of certificates for use of occupancy,the applicant shall demonstrate the following to the Public Works Department: a. That all structural and treatment control best management practices (BMPs) described in the Project WQMP have been constructed and installed in conformance with the approved plans and specifications, b. That the applicant is prepared to implement all non-structural BMPs described in the Project WQMP, c. That an adequate number of copies of the project's approved final Project WQMP are available for the future occupiers. 3. Prior to the issuance of certificates for use.of occupancy or final signoff by the Public Works Department, the applicant shall demonstrate to the satisfaction of Public Works, that the preparer of the WQMP has reviewed the BMP maintenance requirements in Section V of the WQMP with the responsible person and that a copy of the WQMP has been provided to that person.A certification letter from the WQMP preparer may be used to satisfy this condition. 4. Prior to issuance of building permits, the applicant shall review the approved Water Quality Management Plan (WQMP) and grading plan to ensure the structure's downspouts or drainage outlet locations are consistent with those documents. Copies of the building or architectural plans specifically showing the downspouts and drainage outlets shall be submitted to the Public Works Department for review. 5. The project applicant shall maintain all structural,treatment and low impact development BMPs at the frequency specified in the approved WQMP. Upon transfer of ownership or management responsibilities for the project site, the applicant shall notify the City of Orange Public Works Department of the new person(s) or entity responsible for maintenance of the BMPs. 6. Prior to the issuance of a grading permit(including grubbing, clearing, surface mining or paving permits as appropriate) the applicant shall demonstrate that coverage has been obtained under the State's General Permit for Stormwater Discharges Associated with Resolution No. 11181 Attachment A Page 9 of 12 Construction Activity (General Construction Permit) by providing a copy of the Notice of Intent(NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing. A copy of the current Stormwater Pollution Prevention Plan (SWPPP) required by the General Permit shall be kept at the project site and be available for review by City representatives upon request. RIGHT-OF-WAY DIVISION CONDITIONS 1. The applicant shall not grant an easement(s) over any property subject to a requirement of easement, dedication, or irrevocable offer of dedication to the City of Orange, unless such easements are expressly made subordinate to the easements or dedication rights of the City of Orange. Prior to granting any such easements, the applicant shall furnish a copy of the proposed easement to the Community Development Director,Water Division Manager, and Public Works Director for review and approval. Further, a copy of the approved easement shall be furnished to the Community Development Director, Water Division Manager and Public Works Director prior to the issuance of any certificate of use and occupancy. PRIOR TO GRADING PERMIT 1. Prior to building permit issuance, the applicant shall submit a grading plan in compliance with City standards for review and approval by the Public Works Director. All grading and improvements on the subject property shall be made in accordance with the Manual of Grading and Standard Plans and Specifications to the satisfaction of the Public Works Director. 2. Prior to grading permit issuance, the applicant shall pay all applicable fees to cover plan check and inspection services related to the grading activities. 3. Prior to grading permit issuance, the grading plan shall detail all of the locations where retaining walls will be constructed, including height and engineering for each wall. A building permit shall be required for walls over three feet in height prior to construction. 4. Prior to issuance of a grading pernut, the applicant shall prepare a dust control plan for review and approval by the Public Works Director. 5. The applicant, in coordination with the contractor, shall ensure that grading and construction activities comply with the following requirements: a. All construction vehicles or equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers; b. All operations shall comply with City ordinances with respect to hours of construction activity to minimize noise impacts; Resolution No. 11181 Attachment A Page 10 of 12 c. During construction, best efforts shall be made to locate stockpiling and/or vehicle staging areas as far as practicable from surrounding residences. 6. Prior to the issuance of a grading permit, the applicant shall demonstrate on plans that adequate sight distance will be provided at all street intersections in a manner meeting the approval of the Public Works Director, PRIOR TO BUILDING PERMIT 1. Rough grading shall be completed to the satisfaction of the City Engineer/Public Works Director and the graded site shall be released by the City Engineer/Public Works Director prior to construction. 2. Prior to building permit issuance,the applicant shall pay school district fees,unless Orange Unified School District (OUSD) provides written notification to the City that fees have been satisfied. 3. Prior to building permit issuance,the applicant shall provide to the Director of Community Services documentation that provisions related to parkland dedication have been satisfied through either dedication and improvement of parkland or payment of fees. 4. Prior to building permit issuance,the applicant shall pay all plan check and building permit fees. 5. The applicant shall submit construction documentation for plan check review and approval from the Building Off'icial, in accordance with the currently adopted set of Uniform Building and Fire Codes. 6. Plans submitted for building plan check shall include a lighting plan for review and approval for any exterior lighting of common areas or parking areas. The lighting plan shall be designed to confine all direct lighting to the property in a manner meeting the approval of the Planning Manager. Lighting shall be included for any trail not adjoining a public street that will be utilized in evening hours. 7. Prior to issuance of a Certificate of Occupancy, a final acoustical report shall be prepared and approved by the City of Orange, showing that dwelling units have been sound attenuated for interior and exterior standards. Evidence prepared by a state certified acoustical consultant shall be submitted to the Building Official describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards and that sound attenuation measures have been incorporated into the design of the project. 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. 8. Prior to building permit issuance,the applicant shall coordinate with the City's solid waste provider for location and design of service. Resolution No. 11181 Attachment A Page 11 of 12 9. Prior to building permit issuance,the applicant shall apply measures to reduce the amount of construction generated waste by preparing a construction waste reduction plan prior to construction. The applicant shall coordinate with the City of Orange recycling coordinator in the preparation of the recycling plan and the Community Development Director shall approve the plan. PRIOR TO CERTIFICATE OF OCCUPANCY 1. Prior to issuance of a Certificate of Occupancy, certification shall be filed with the Public Works Department that all final grading is in compliance with the approved grading plan and City standards,to the satisfaction of the Public Works Director. 2. Prior to issuance of a Certificate of Occupancy, certification from the Landscape Architect of record shall be filed that final landscaping was completed in compliance with approved landscape and irrigation plan. City of Orange staff shall inspect and approve the landscape prior to release. 3. Prior to issuance of a Certificate of Occupancy,all fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or drive per the City of Orange Standard as approved by the Fire Chief. 4. Prior to issuance of a Certificate of Occupancy,any requisite private improvements to each individual area of development, including, but not limited to, fencing, signage, lighting, landscaping, private recreational facilities or structures shall be completed to the satisfaction of the City of Orange. 5. Plans submitted for building plan check shall demonstrate that utilities serving the development, such as electric, cable television, street lighting and communications shall be installed underground, completed and approved by the appropriate utility provider. 6. Prior to issuance of a Certificate of Occupancy, any utilities or easements constructed to serve the project or requiring relocation shall be completed and accepted by the affected agency and the City of Orange. Resolution No. 11181 Attachment A Page 12 of 12