RES-11107 Three Story Building ConstructionRESOLUTION N0. 11107
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING GENERAL PLAN
AMENDMENT NO. 2017-001, TENTATIVE TRACT
MAP NO. 0046-17, MAJOR SITE PLAN REVIEW NO.
0850-15, CONDITIONAL USE PERMIT NO. 3064-17,
VARIANCE NO. 2248-17, AND DESIGN REVIEW NO.
4870-15 FOR A NEW 24 UNIT MULTI-FAMILY
RESIDENTIAL DEVELOPMENT INVOLVING
ADAPTIVE REUSE AND REHABILITATION OF A
HISTORIC SCHOOL AND CONSTRUCTION OF A
NEW THREE-STORY BUILDING AT 541 NORTH
LEMON STREET.
APPLICANT:
WESTERN STATES HOUSING,LLC
WHEREAS, an application for Mitigated Negative Declaration No. 1844-15,General Plan
Amendment No. 2017-001, Tentative Tract Map No. 0046-17, Major Site Plan Review No. 0850-
15, Conditional Use Permit No. 3064-17,Variance No. 2248-17, and Design Review No. 4870-15
was filed by Western States Housing, LLC in accordance with the provisions of the City of Orange
Municipal Code; and,
WHEREAS, an application for Mitigated Negative Declaration No. 1844-15, General Plan
Amendment No. 2017-001, Tentative Tract Map No. 0046-17, Major Site Plan Review No. 0850-
15, Conditional Use Permit No. 3064-17, Variance No. 2248-17, and Design Review No. 4870-
15, filed by Western States Housing, LLC, was processed in the time and manner prescribed by
state and local law; and,
WHEREAS, Mitigated Negative Declaration No. 1844-15 was prepared to evaluate the
physical environmental impacts of the project, in conformance with the provisions of the
California Environmental Quality Act (CEQA)per State CEQA Guidelines Section 15070 and in
conformance with the Local CEQA Guidelines.Mitigated Negative Declaration No. 1844-15 finds
that the project will have less than significant impacts to the environment,with the implementation
of standard conditions and mitigation measures;and,
WHEREAS, the Streamlined Multi-Disciplined Accelerated Review Team (SMART),
representing the City's interdepartmental staff,determined the plans,technical studies,and content
of the Mitigated Negative Declaration were satisfactory,and recommended approval of the project
on March 7, 2018 subject to the mitigation measures in the Mitigated Negative Declaration and
staff recommended conditions; and,
WHEREAS,at its March 21, 2018 meeting,the Design Review Committee reviewed and
recommended approval of the project with conditions and mitigation measures presented in the
Mitigated Negative Declaration by a vote of 5-0. The conditions have been included in this
resolution; and,
WHEREAS, at its June 4, 2018 meeting, the Planning Commission recommended
approval to the City Council of General Plan Amendment No.2017-001,Tentative Tract Map No.
0046-17, Major Site Plan Review No. 0850-15, Conditional Use Permit No. 3064-17, Variance
No. 2248-17,and Design Review No. 4870-15; and,
WHEREAS, the City Council of the City of Orange conducted a duly advertised public
hearing on July 2, 2018, to consider the project on property described in Exhibit A to this
Resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange
hereby approves General Plan Amendment No. 2017-001, Tentative Tract Map No. 0046-17,
Major Site Plan Review No. 0850-15, Conditional Use Permit No. 3064-17, Variance No. 2248-
17, and Design Review No. 4870-15, along with associated adoption of Mitigated Negative
Declaration No. 1844-15 and Mitigation Monitoring and Reporting Program as described in
Resolution No. 11106 to allow the construction of a 24 unit multi-family residential development
involving adaptive reuse and rehabilitation of the historic Killefer Elementary School and
construction of a new three story building at 541 N. Lemon Street based on the following findings:
SECTION 1 —ENVIRONMENTAL REVIEW
Mitigated Negative Declaration No. 1844-15 has been prepared for this project to evaluate the
physical environmental impacts of the project, in conformance with the provisions of the
California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15070 and
with the City's Local CEQA Guidelines. The City Council finds that the Mitigated Negative
Declaration and associated Mitigation Monitoring and Reporting Program,described in Resolution
No. 11106 contain an adequate assessment of the potential environmental impacts of the proposed
project. The City Council finds that the project will have less than significant impacts to the
environment,with the implementation of conditions and mitigation measures addressing potential
impacts to Cultural Resources, Tribal Cultural Resources, Geology/Soils, and Noise included in
the Mitigated Negative Declaration.
SECTION 2—FINDINGS General Plan
1. The project must be consistent with the goals and policies stated within the Ciry's General
Plan.
The project achieves multiple goals of the General Plan. The General Plan Amendment from
Public Facilities and Institutions (PFI) to Low Medium Density Residential (LMDR), as
depicted in Exhibit B of this resolution, rectifies an inconsistency between the property's
zoning and General Plan designations.The LMDR General Plan Designation is consistent with
Resolution No. 11107 2
the property's existing R-3 zoning and with the surrounding residential General Plan
designations.The multi-family development is also compatible with the mix of adjacent single
and multi-family residential uses in the surrounding neighborhood. Consistent with the Land
Use and Housing Elements, the project increases the inventory of housing in the city and
diversifies the housing types available in the community.
The proj ect rehabilitates a vacant historic school property,designated in the National Register
of Historic Places, and restores it to active use as a multi-family residential development
consistent with the neighborhood. The historic school will be adaptively reused in
conformance with the Secretary of the Interior's Standa ds for the Treatment of Historic
Properties (SOI Standards). The new building is designed to be compatible with the
character of the historic school and with the local Old Towne Historic District, which is
located to the west across Lemon Street from the property. The new building is located at
the northwest corner of the property and incorporates design features, such as balcony
screening, to minimize effects on the privacy of adjacent properties. The project combines
historic preservation and contextually appropriate infill development to meet the goals of the
Urban Design and Cultural Resources Elements.
Tentative Tract Map
1. The proposed division ofland complies with all requirements of the Subdivision Map Act and
Title 16, Subdivisions, of the Orange Municipal Code, and all other resolutions and
ordinances of this City, including, but not limited to, requirements concerning area,
improvements and design,floodwater drainage control, appropriate improved public roads,
sanitary disposal facilities, water supply availability, public safety facilities and
envi onmental protection.
The Tentative Tract Map complies with the requirements of the Subdivision Map Act and
Title 16, Subdivisions,of the Orange Municipal Code and all other resolutions and ordinances
of this City.The Tentative Tract Map consolidates multiple lots into a single parcel,consistent
with the project limits. Site planning requirements related to lot area, improvements and
design, floodwater drainage control, appropriately improved public roads and sidewalks,
sanitary disposal facilities, water supply availability, public safety facilities and
environmental protection have been addressed either via project design components shown
on the proposed plans or through conditions of approval.
Major Site Plan Review
1. The project design is compatible with surrounding development and neighborhoods.
The surrounding neighborhood includes a mix of single- and multi-family residential
properties with light industrial and institutional properties. Immediately to the north of the
subject property is a site owned by the Orange Unified School District, which operates the
Richland Continuation High School.The non-profit Friendly Center and Killefer Park are also
located to the north. The subject property is located north and east of the Walnut
Avenue/Lemon Street boundary of the National Register and local Old Towne Historic
Districts.
The site layout is designed to minimize potential impacts on the surrounding neighborhood
and to respect the historic character of Killefer Elementary School.The new building is located
at the northwest corner of the property to retain views of the historic school from N. Lemon
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Street. The placement of the new building, set back substantially from N. Olive Street, also
allows preservation of the historic streetscape and views of the school from N. Olive Street.
Although the new building is three stories, it is no more than 32 feet tall, the maximum
building height allowed in the R-3 zone. Variations in the massing of the new building help
to make it compatible with the modest character of surrounding single and multi-family
residences,while the palette of materials references the Spanish Colonial Revival style of the
historic school.
2. The project conforms to City develop nent standards and any applicable special design
guidelines or specific plan requirements.
As described in Mitigated Negative Declaration (MND) No. 1844-15, the project is in
conformance with the Secretary of the Interior's Standards for the Treatment of Historic
Properties (SOI Standards) for adaptive reuse of the historic school and compatible new
construction both on a historic property and adjacent to a historic district.The project preserves
historic features and materials of the historic school, while the new building is placed to
preserve views of the historic building and incorporates design elements and a palette of
materials that is compatible the surrounding neighborhood.
The proposed project conforms to the required development standards for the R-3 zoning with
the following three exceptions: 1)the third story of the new building, for which the applicant
is requesting a Conditional Use Permit, as allowed by the Orange Municipal Code; 2) the
absence of private open space for the six units in the historic school, for which the applicant
is requesting a Variance to avoid direct impacts to the materials and design of the historic
building; and 3)the absence of covers/carports for one parking space per unit, for which the
applicant is requesting a Variance to avoid impacts to the view of the historic school from
N. Lemon Street.
3. The project provides for safe and adequate vehicular and pedestrian circulation, both on-and
off-site.
The property will have pedestrian access points on both Lemon and Olive streets. Bicycle
storage is provided in convenient and accessible locations on the property. Vehicular access
points have been minimized on Lemon and Olive streets to ensure safe circulation conditions.
The project incorporates streetscape improvements, including repairing sidewalks and
removing unused driveway approaches,that reinforce the quality and safety of the pedestrian
experience. With adoption of Conditions of Approval and mitigation measures,the proposed
project provides for safe and adequate circulation.
4. City seNvices are available and adequate to serve the project.
As evaluated in MND No. 1844-15, the proposed project will result in less than significant
impacts to police, fire, and recreation and park services. The project incorporates design
features that address Code requirements and building and infrastructure systems that maximize
safety and ensure adequate utility services to the site.The applicant will be subj ect to payment
of impact fees associated with schools,parks,libraries, sewer,and Sanitation District fees.
S. The project has been designed to fully mitigate or substantially minimize adve se
environmental effects.
The project includes project design features that minimize potential adverse impacts to
Cultural Resources, Tribal Cultural Resources, Geology/Soils, and Noise. Mitigation
Resolution No. 11107 4
Measures are also included in the Mitigated Negative Declaration and are referenced in
the Conditions of Approval in this resolution.
Conditional Use Permit
1. A Conditional Use Permit shall be granted upon sound principles of land use and in response
to seYvices required by the community.
The request for a third story for a new residential building on property in the R-3 zone is
granted upon sound principles of land use. The total height proposed for the new residential
building is 31.5 feet,which meets the zoning code requirement for overall height.The request
for the Conditional Use Permit is for one additional story within the maximum height of 32
feet.Floor to ceiling heights and mechanical equipment have been compressed to the greatest
extent feasible to reduce the overall height and mass of the building.The building is carefully
sited on the property to limit impacts to privacy for adjacent neighbors and incorporates
privacy features, such as balcony screens. The additional story also acts as a feature of the
project by allowing more open space on the property to preserve public views of the historic
school. As such, the placement, mass, and design of the new building will not negatively
impact the streetscape and/or established land use pattern of the surrounding neighborhood.
2. A Conditional Use Permit shall not be granted if it will cause deterioration of bordering land
uses oY create special problems for the area in which it is located.
Consideration has been given to whether the third story will detrimentally affect adjacent land
uses. The third story is not anticipated to create problems for the neighbors or adjacent uses.
Privacy features,such as balcony screens and obscured glass,are incorporated in the building
design to limit the interface between neighbors and the property. The building is also located
at the northwest corner of the property, adjacent to the parking lot of Richland Continuation
High School,to avoid direct interactions with neighboring residential properties to the greatest
extent feasible. As described in MND No. 1844-15,the project is not located in a portion of
the City that is impacted by insufficient capacity for traffic circulation,parking,public utilities,
or similar infrastructure needs.
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.
The property is located in a neighborhood with a mix of single-family and multi-family
residential properties, combined with light industrial and institutional uses, including
Richland Continuation High School and Killefer Park. It is located across N. Lemon Street
from the Old Towne Historic District. As described in MND No. 1844-15, the project,
including the new construction, is in conformance with the SOI Standards, and with
mitigation measures will have a less than significant impact on the historic Killefer School
and the adjacent Old Towne Historic District. The new building incorporates design elements
that minimize impacts to privacy of adjacent properties and is compatible with the mass,
scale, design, and materials of the historic school on the property and the historic residential
buildings in the adjacent Historic District.
4. A Conditional Use Permit, if granted, shall be made subject to those conditions necessary
to preserve the general welfare, not the individual welfare of any particular applicant.
The request for a third story for the new building has been evaluated for compatibility of mass,
scale, setbacks, design, and materials with the historic school and the surrounding .
neighborhood. Conditions of approval related to construction of the project, modifications
Resolution No. 11107 5
to the plans, and continued conformance with the SOI Standards have been included in this
resolution. With implementation of these conditions of approval, the proposed project will
complement surrounding land uses and preserve the general welfare.
Variance
1. Because of special circumstances applicable to the subject property, including size, shape,
topography, location or surroundings, the str•ict application of the zoning ordinance is found
to deprive the subject property of privileges enjoyed by other properties in the vicinity and
under identical zone classification.
Killefer Elementary School is a historic resource, designated in the National Register of
Historic Places (National Register). In order for a project associated with a historic resource
to be in conformance with the SOI Standards and cause a less than significant impact to the
historic resource, it must maintain and preserve the important historic, or character-defining
features, of the property. The National Register designation for Killefer Elementary School
identifies the property's character-defining features as including the doors,windows,plaster
finish, courtyard, and corridor system of the partially covered raised arcade around the
courtyard.Another important character-defining feature is the public view of the school from
both N. Olive Street and N. Lemon Street.
In order to preserve these features, the project requires two Variances from the zoning code
requirements of the R-3 zone: 1) elimination of the private open space required for each unit
in the historic building; and 2) elimination of the covers/carports for one parking space per
unit. The presence of the historic building on the property, located immediately adjacent to
the Old Towne Historic District, and the desire to preserve its character-defining features
provide the special circumstances required to grant Variances for these components of the
project.
Under the zoning code requirements for open space,each unit must have a private fenced patio
or balcony directly accessible from the interior of the unit.The physical changes to the historic
building required to create direct access to private patios would include cutting new door
openings in the building, resulting in the loss of historic materials and potential changes to
the raised arcade around the courtyard. The enclosures required for the private patios also
would substantially change the open landscaped character of the courtyard and former play
areas around the school,also impacting views ofthe school from the adjacent Historic District.
These changes would not be in conformance with the SOI Standards and would likely result
in a significant impact to the historic resource. In lieu of private open space, the applicant
has provided seating areas around the historic building that will allow residents the benefit
of a passive outdoor amenity without impacting the historic school.
Similarly, the view of the school and its courtyard and play area from N. Lemon Street is
identified as a character-defining feature of the historic property. It is also an important
community landmark that has characterized the northern portion of the Cypress Street Barrio
and the adjacent Old Towne Historic District since the school's construction in 1931. Under
the zoning code requirements for multi-family residential parking, at least one parking space
per unit is required to be covered.However,providing covered parking on this property would
result in at least 24 carports or garages between the historic school and N. Lemon Street. The
historic view of Killefer Elementary School would be substantially obscured from N. Lemon
Street, impacting the immediately adjacent Old Towne Historic District. This change to the
Resolution No. 11107 6
site would also not be in conformance with the SOI Standards and may result in a significant
impact to the historic resource and the Historic District.
Strict application of the zoning code in this case contradicts and impedes the City's and
community's goals for high-quality preservation and adaptive reuse projects for important
historic properties. Granting of the Variances promotes preservation of the historic building
while allowing the property to be developed for multi-family residential use. Granting of
the Variances allows the property to enjoy the same rights as nearby properties to be
developed as allowed under the code, while rehabilitating and adaptively reusing a long-
vacant historic building and community landmark.
2. The vaYiance granted shall be subject to such conditions which will assure that the authorized
adjustment shall not constitute a grant of special privilege inconsistent with the limitations
upon other properties in the vicinity and zone in which subject property is located.
Granting of the Variances will confer no more rights to the subject property than exist for other
properties in the neighborhood.Development of the subject property is constrained by historic
preservation standards for the historic school. Preservation of the historic building limits the
buildable area on the property, so no special privileges are conferred in that granting of the
Variances allows the property to be developed for multi-family residential use, similar to
adjacent properties. Granting of the Variances confers the same rights to develop as other
nearby properties without historic buildings. The Variances are also subject to conditions of
approval to ensure that only the permitted improvements are authorized for on-site
construction.
Design Review
1. In the Old Towne Historic DistYict, 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.
This project site is not within the Old Towne Historic District;therefore,this finding does not
apply.
2. In any National Registe Historic District, the proposed work complies with the Secretary
of the Interior's standards and guidelines.
This project site is not within a National Register Historic District;therefore,this finding does
not apply. However, the project is located on a property that is separately designated in the
National Register of Historic Places.As described in the Historic Resources Impacts Analysis
of MND No. 1844-15,the project is in conformance with the SOI Standards. Adaptive reuse
of the historic school requires minimal change to the historic materials and character of the
building. The existing building form, courtyard, arcaded covered walkways, and doors and
windows will be maintained and rehabilitated. Interior changes to accommodate the
residential units will preserve the sense of space of the large classrooms and will maintain
specific classroom features, including chalkboards and fire hose cabinets. Historic elements
of the building will be restored based on physical evidence from the building and historic
photographs,including the clay tile roof and decorative tile surround at the entrance.
In addition,the proposed new building will be located on the property to preserve the historic
views of the school from North Olive and North Lemon Street. The mass, scale,and location
of the new construction is appropriate to the size and prominence of the historic school,while
Resolution No. 11107 7
the design and materials reference elements of the school's Spanish Colonial Revival
architecture.The new construction is compatible with the historic resource and is completely
reversible without causing major changes to the materials of the historic school.
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.
The project is not located in a specific plan area. However,because the project is located on
a property with a National Register- designated historic resource and adjacent to the Old
Towne Historic District, the SOI Standards apply to rehabilitation and adaptive reuse of the
school and the compatibility of the new construction. As described above, the project is in
conformance with the SOI Standards.
The surrounding neighborhood is an eclectic mix of single-family and multi-family residences
with some large scale industrial buildings to the northwest. Houses within the boundary of
the Old Towne Historic District are located across North Lemon Street from the property,
and much of the surrounding development reflects the scale and character of single-family
residential neighborhoods developed in the first half of the 20th century,around the same time
as construction of Killefer Elementary School. Adaptive reuse of the historic school puts a
long-vacant community institution back into productive use and prevents the continuing
deterioration of the historic resource and the potential impacts of that deterioration on the
surrounding neighborhood.
The three-story scale of the new building is reduced with variations in massing from the
rooflines, enclosed stairs, elevator tower, and balconies, and the building is sited to avoid
negative privacy or other aesthetic effects on neighboring properties. The new building
references the design elements and materials of the historic school with a theme that is
consistent and integrated between the historic resource and the new construction. These
elements are also compatible with the surrounding neighborhood, as they reference a long
history of Spanish Colonial Revival architecture that is typical of residential neighborhoods
from this era in Orange. Project landscaping enhances the pedestrian experience on North
Lemon and North Olive Streets and preserves traditional neighborhood views of the historic
school,an important part of the property's history and cultural significance.
4. For infill residential development, as specified in the City of Orange Infill Residential Design
Guidelines, the new structure(s) or addition are compatible with the scale, massing,
orientation, and articulation of the surrounding development and will preserve or enhance
existing neighboNhood character.
This project is not an infill residential development subject to the City's Infill Residential
Design Guidelines;therefore,this finding does not apply.
SECTION 3—CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed with approval:
General
1. The project shall conform in substance and be maintained in general conformance with plans
and exhibits labeled May 21, 2018 including any modifications required by conditions of
approval, and as approved by the City Council.Any future expansion in area or in the nature
Resolution No. 11107 8
and operation of the use approved by Mitigated Negative Declaration No. 1844-15, General
Plan Amendment No. 2017-001, Tentative Tract Map No. 0046-17,Major Site Plan Review
No.0850-15,Conditional Use Permit No.3064-17,Variance No.2248-17,and Design Review
No. 4870-15, shall require an application for a new or amended Site Plan Review.
2. The project shall conform in substance and be maintained in general conformance with plans
and exhibits labeled May 17, 2018. Any future changes to the project's architectural or site
design features approved by Mitigated Negative Declaration No. 1844-15, General Plan
Amendment No. 2017-001, Tentative Tract Map No. 0046-17, Major Site Plan Review No.
0850-15,Conditional Use Permit No.3064-17,Variance No.2248-17,and Design Review No.
4870-15 shall require an application for a new or amended Design Review.
3. These conditions shall be reprinted on the second page of the construction documents when
submitted to the Building Division for the plan check process.
4. Within two days of final approval of this project, the applicant shall deliver to the Planning
Division a cashier's check payable to the Orange County Clerk in an amount required to fulfill
the fee requirements of Fish and Game Code Section 711.4(d) (2) and the County
administrative fee,to enable the City to file the Notice of Determination required under Public
Resources Code 21152 14 Cal. Code Regulations 15075. If it is determined that there will
be no impact upon wildlife resources, the fee shall be as required based on the current fee
schedule.
5. Within two days of final approval of this project,the applicant shall submit a$3,000.00 deposit
to the Planning Division for the Mitigation Monitoring and Reporting Program. Time spent
by City staff to complete the project will be charged to the applicant.When more than 50%of
the deposit has been credited toward hourly services provided, the applicant will be billed
directly for actual time spent on the project. At the completion of the project, a final
accounting of deposit posted and amounts charged toward the project will be calculated and
any charges due to the City or refunds due to the applicant will be processed.
6. 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 this 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.
7. 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 may be cause for revocation of
this permit.
8. Mitigated Negative Declaration No. 1844-15, General Plan Amendment No. 2017-001,
Tentative Tract Map No. 0046-17, Major Site Plan Review No. 0850-15, Conditional Use
Permit No. 3064-17, Variance No. 2248-17, and Design Review No. 4870-15 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.
9. Any modifications to the plans including,but not limited to, the landscaping and parking as
a result of other Department requirements such as Building Codes, water quality, Fire, or
Police shall be submitted for review and approval to the Community Development
Resolution No. 11107 9
Director or designee. Should the modifications be considered substantial, the
modifications shall be reviewed and approved by the Planning Commission.
10. Subsequent modifications to the approved architecture and color scheme 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 Design Review Committee.
11. 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 plan, the Community Development Director may approve the changed plan
without requiring a new public hearing.
12. 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.
13. Building permits sha11 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.
14. Prior to issuance of building permits for the project, the applicant shall pay all applicable
development fees, including but not limited to: City sewer connection, Orange County
Sanitation District Connection Fee, Transportation System Improvement Program, Fire
Facility, Police Facility, Park Acquisition, Sanitation District, and School District, as
required.
15. All construction activities shall conform to the City's Noise Ordinance (Orange Municipal
Code Section 8.24).In conjunction with construction,all activity shall be limited to the hours
between 7:00 a.m. and 8:00 p.m. Monday through Saturday. No construction activity shall
be permitted on Sundays and Federal holidays.
16. All project Mitigation Measures,Regulatory Requirements,and Project Design Features shall
be complied with and implemented as stated in the Mitigation Monitoring Reporting Program
and as described in Mitigated Negative Declaration No. 1844-15.
17. In conjunction with the operation of the project, the property owner shall be responsible
for maintaining the property to a level deemed adequate by the Community Development
Director or designee. This includes, but is not limited to, the buildings, landscaping,
recreational facilities, trash areas, signage, utilities, walls, fences, gates, and parking areas.
Any graffiti shall be removed within 72 hours from the time the City of Orange Notice of
Violation is received by the applicant/property owner.
18. Prior to submittal of plans to the City for building plan check,a historic preservation consultant
shall be engaged to monitor construction and make recommendations on decisions to
Resolution No. 11107 10
rehabilitate or replace features in the historic building.The consultant shall meet the Secretary
of the Interior's Professional Qualifications Standards.
19. Prior to submittal of plans to the City for building plan check, the applicant shall return to
the Design Review Committee with details on lighting, the balconies in the new building,
awnings, window trim and reveals in the historic and new buildings, and the east (Olive
Street) fa ade of the new building.
20. The air-conditioning units in the north side yard shall be relocated away from the residential
properties to the north to minimize noise.
22. The rain gutters and downspouts on the historic building shall be copper plated and match what
was originally on the property to the extent that documentation is available.
23. Prior to issuance of a building permit for the project, the roofing materials on the historic
and new buildings shall return to Design Review Committee. The roofing of the new
building should be the same material as the historic building with some differentiation in
design. .
24. Prior to issuance of a building permit for the project, the interpretive elements in the Olive
Street front yard and museum space shall return to the Design Review Committee for review
and approval.
25. Prior to issuance of a building permit associated with the Project,the Applicant shall engage
a qualified historic preservation consultant, meeting the Secretary of the Interior's
Professional Qualifications Standards in historic architecture or architectural history, to
review the construction plans for the adaptive reuse of the historic elementary school
building. The consultant shall review and advise on, in particular, proposed building
accessibility and paint color, in addition to the project's general conformance with the
Secretary of the Interior's Standards for the Treatment of Historic PNoperties.
The consultant shall prepare a memorandum on the construction plans' conformance with the
Secretary's Standards and shall provide the memorandum to the City of Orange Community
Development Department prior to issuance of a building permit.
26. Prior to issuance of a building permit associated with the Project, a final colors and materials
board shall be reviewed and approved by the Design Review Committee.
27. Fees or other charges for use of required parking spaces and required storage areas shall not
be applied to occupants of the residential units.
28. Installation of solar panels or covered parking is prohibited on the west side of the historic
school building to maintain sightlines to the historic school.
29. The applicant is encouraged to communicate with and develop a plan for securing the historic
school building with Orange Unified School District as quickly as possible after final action
by City Council.
30. The applicant shall provide a history walk and museum alcove, open to the public, in the
school building.
Resolution No. 11107 11
31. Plans submitted for Building Plan Check shall comply with the California Fire Code
as amended by the City and as frequently amended and in effect at the time of application
for Building Permit.
Landsca ing
32. Prior to issuance of a building permit associated with the Project,final landscape and irrigation
plans shall be prepared and submitted by a licensed landscape architect for review and approval
by the Community Services Department and the Design Review Committee.
33. Prior to issuance of a Certificate of Occupancy, all landscaping improvements shall be
completed according to the approved plans and to the satisfaction of the Community
Development Director and the Community Services Director.
34. All landscape areas shall be maintained in neat and healthy condition. Should any plant
material die, the property owner/operator shall replace it with new healthy plant material to
match the approved landscape plans.
35. 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.
36. 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.
37. Prior to building permit issuance,final landscape plans for the project shall include landscape
area calculations required for State-mandated landscape water use reporting.
Police
3 8. Prior to building permit issuance,construction plans shall show that all structures shall comply
with the requirements of Orange Municipal Code Chapter 15.52(Building Security Standards)
and Building Security Guidelines,which include requirements for doors, hardware, lighting,
addressing, landscaping, windows, and construction site security. Architectural drawings
shall include sections of the Ordinance that apply under "Security Notes". An "Approved
Products List 1/08"of hardware,windows,etc. is available upon request.
39. Security and design measures that employ Defensible Space concepts shall be utilized
in development and construction 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.
40. All residential dwellings shall display a street number in a prominent location on the street side
of the residence in such a position that the number is easily visible to approaching emergency
vehicles.
41. There shall be positioned at each entrance of a multiple family dwelling complex an
illuminated diagrammatic representation of the complex which shows the location of the
viewer and the unit designations within the complex.
Resolution No. 11107 12
42. Any new lighting on the premises 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. The applicant shall
use shielding so as to ensure that the light standards meet the requirements of OMC
Section17.12.030 for the areas beyond the property's exterior boundaries; light spillage or
pollution to surrounding residential areas shall not exceed a maintained minimum of 0.5 foot-
candle.
43. Prior to issuance of a 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
all OMC standards. The lighting sha11 be tested and confirmed to determine if the lighting
meets or exceeds the exterior boundary standards.
44. A construction site security plan shall be submitted to the Orange Police Department Crime
Prevention Bureau for review and approval prior to the start of construction.
PublicWorks-Water
45. Prior to issuance of a building permit, the applicant shall submit a water improvement plan
to the Water Division for proposed water mains, fire hydrants, domestic water services, fire
suppression services, landscape services, and/or any other proposed improvements or
relocations affecting the public water system appurtenances for review and approval. The
improvement plan is required to be submitted directly to the Water Division located at 189
S. Water Street for review and approval. The applicant shall be responsible for the costs
associated with the proposed improvements.
46. Water improvement plans submitted during plan check shall be consistent with the City Water
Division Standards and Specifications, 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.
47. Prior to approval of the water improvement plan, the applicant shall satisfy all water main
connection,plan check,and inspection charges as determined by the Water Division.A deposit
for plan check and inspection fees is required to be posted concurrently with filing the Water
Division application and submission of plans for review.
48. Prior to issuance of a building permit, the applicant shall be responsible for the relocation
of the existing public water system appurtenances as necessitated by the proposal to a
location and of a design approved by the Water Division.
49. Prior to issuance of a building permit, construction documents shall show the existing 4
inch water main in Olive Street upgraded to an 8 inch DII' from Walnut Avenue to Rose
Avenue. Installation of the 8 inch DIP shall be completed per Water Division Standard Plans
and Specifications.
50. Prior to issuance of a building permit,construction documents shall show that the installation
of new water mains and new supply lines in the vicinity of pipelines conveying sewage,storm
drainage and/or hazardous fluids is done per the Water Division's Standard Number 113.
Resolution No. 11107 13
51. Prior to issuance of a building permit,construction documents shall show that each property,
residence, main building or structure shall have a separate meter service unless otherwise
approved by the Water Division.
52. Prior to issuance of a building permit, construction documents shall show that a six
foot minimum horizontal clearance and a one foot minimum vertical clearance will be
maintained between City water mains, laterals, services, meters, fire hydrants and all other
utilities except those identified in the Water Division's Standard Number 113.
53. Prior to,issuance of a building permit, construction documents shall show that an eight-
foot minimum clearance is provided between City water mains, and signs, trees or other
substantial shrubs,bushes,or plants.
54. Prior to issuance of a building permit, construction documents 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,fire master
and/or fire suppression plans so that their designs are consistent.
55. Prior to issuance of a building permit,construction documents shall show that permanent signs,
awnings,surface water quality features,such as but not limited to infiltration planters,basins,
pervious pavement or other structures, are not installed over the City's water mains, laterals,
services,meters,back flow prevention devices and fire hydrants.
56. A minimum of fourteen calendar days prior to public water construction, the applicant's
Engineer of Record shall prepare and provide product material submittals consistent with the
approved water improvement plans as approved by the Water Division,for all proposed public
water system facilities to the Water Division for review and approval.
57. Prior to installation, the Water Division shall approve the type and location of all back
flow prevention devices.
58. Prior to the issuance of a Certificate of Occupancy, the applicant shall be responsible for
the installation of necessary fire hydrants and fire suppression services as determined by the
Fire Department and Water Division.
59. Prior to the issuance of a Certificate of Occupancy, the applicant shall furnish and install
individual pressure regulators on the private side of new services where the incoming pressure
exceeds eighty pounds per square inch.
PublicWorks-WaterOualitv
60. 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.
Resolution No. 11107 14
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,
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.
61. Prior to the issuance of a certificate 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.
62. Prior to the issuance of a certificate 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.
63. 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.
64. 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
Resolution No. 11107 15
Public Works Department of the new person(s) or entity responsible for maintenance of the
BMPs.
65. 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
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 SWPPP required by the General Permit shall
be kept at the project site and be available for review by City representatives upon request.
66. Prior to City approval of the landscape plans,the applicant shall review the approved Water
Quality Management Plan(WQMP) and ensure the proposed landscape plans are consistent
with the proj ect grading plans and show the proposed storm water infiltration devices and other
treatment Best Management Practices incorporated into the project that may affect
landscaping areas.
PublicWorks—Subdivision
67. All residential fencing along common areas, public spaces, etc. shall be of open construction
to provide natural surveillance from residences to the surrounding area except where solid wa11s
are required for sound attenuation or along side yard areas.
68. Prior to issuance of a fire service(detector check),the required water supplies for hydrants and fire
sprinkler systems shall be determined and the water supplies sha11 be approved by the Fire
Department.
69. 'The applicant sha11 pay all sewer related fees including sewer frontage fees based along the length
of the property where sewer lateral will be connected to the sewer main line on N. Olive Street.
Prior to Recordation ofFinal Ma
70. The applicant sha11 cause to be prepared a Fina1 Map in substantial compliance with the Tentative
Tract Map and conditions of approval,to the satisfaction of the Public Works Director.
71. The applicant shall pay any applicable fees for the processing of the Final Map,as established at
the time the map is filed.
72. The following improvements sha11 be constructed in accordance with plans and specifications
meeting the approval of the Director of Public Works. At the discretion of the Public Works
Director,security may be provided to the City in lieu of constructing facilities:
a. All required streets and street improvements appurtenances street names, street signs,
streetlights, roadway striping, redcurbing and stenciling on roadways within the map
and outside the map boundaries, if required. All street lighting shall be designed to
maximize downward throw,and minimize upward losses into the atmosphere.
b. All required surface drainage, storm drain facilities, and water quality improvements,
including any offsite improvements,extended to a satisfactory point of disposal for the
proper control and disposal of storm runoff. Sump conditions shall be designed to
handle 100-year frequency storms. Semi-sump conditions shall be designed to handle
25-year frequency storms. Main line storm drains that serve sumps and semi-sumps
shall be designed to handle 25-year frequency storms.
Resolution No. 11107 16
c. A water distribution system and appurtenances which shall conform to the adopted City
of Orange Water Division regulations.
d. Sewer collection system and appurtenances which shall conform to the adopted City of
Orange regulations.
e. Monumentation shall be set, based on a field survey.
f. Undergrounding of utilities.
g. Landscaping for public areas. All landscaping shall include the installation of root
barriers on the sidewalk side of tree, or where conditions warrant, the installation of
Deep Root box as directed by the Community Services Department.
h. Medians and parkways along public streets shall be landscaped with trees and ground
cover (no turf grass) and the median noses less than three feet paved with stamped
concrete per City Standard.
73. T'he applicant shall prepare an improvement plan for the anticipated public improvements for this
tract map, and submit the plans for review and approval by the Public Works Department. All
applicable plan check and pernut fees sha11 be paid by the applicant, as established at the time
the plan is submitted.
74. The applicant sha11 prepare and submit a sewer capacity analysis and request"will serve"letters
from the applicable water and sewer districts.
75. All sidewalks shall be designed and constructed to City of Orange Public Works Standards.
Transverse slope must not exceed 2%.
76. The applicant shall prepare a final hydraulic and hydrology report,prepared by a qualified engineer,
for review and approval by the Public Works Director.
77. The applicant shall prepare and submit a final geotechnical and soils classification report to
the satisfaction of the Chief Building Official and Public Works Director.
Prior to Issuance of a Grading Permit
78. The applicant sha11 submit a grading plan(36"x 24"plan size)in compliance with City of Orange
Public Works 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.
79. Any soil imported or exported from the Tentative Tract boundaries shall require issuance of
a separate Transportation Permit.
80. The applicant sha11 pay all applicable fees to cover plan check and inspection services related to
the grading activities.
81. The grading plan sha11 detail all of the locations where retaining wa11s will be constructed,including
height and engineering for each wall,and the applicant shall obtain a building permit for wa11s over
three(3)feet in height prior to construction.
82. Any grading outside of the tract boundaries sha11 require the applicant to either obtain slope
easements or off-site grading agreements in a form suitable to the Public Works Director.
Resolution No. 11107 17
83. The applicant shall prepare a dust control plan for review and approval by the Public Works
Director.
84. The applicant, in coordination with the contractor, sha11 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;
c. During construction, best efforts shall be made to locate stockpiling and/or vehicle
staging areas as far as practicable from surrounding residences.
Prior to Issuance of a Building Permit
85. The Final Map,as approved by the Public Works Director,shall be recorded.
86. 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 for
construction.
87. The applicant shall coordinate with the City's solid waste provider for location and design of
service.
88. Prior to issuance of building pernuts, the applicant sha11 submit an address number request,
including an addressing plan,to Public Works Department for review and approval.
89. The building closest to the N. Olive Street frontage shall have the lowest address number.
90. For the building in the back, not clear in sight from N. Olive Street, an illuminated address
sign shall be placed in the front.
Prior to Issuance of a Certi cate of Occupancy
91. Certification sha11 be filed with the City of Orange Public Works that all final grading is
in compliance with the approved grading plan and City standards, to the satisfaction of the
Public Works Director.
92. 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.
93. 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.
ADOPTED this 14th day of August 2018.
C
1r.uZ.Fi
Teresa E. Smith, ayor, City of Orange
ATTEST:
Mary E. M hy, City Clerk, City of Orange
Resolution No. 11107 18
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that
the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange
at a regular meeting thereof held on the 14th day of August 2018,by the following vote:
AYES: COLTNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy,Nichols
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
1 1
Mary . M hy, City Clerk, City of Orange
Resolution No. 11107 19
EXHIBIT A
PARCEL 1:
LOTS 1 AND 2 OF TRACT NO. 566, IN THE CITY OF ORANGE, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED 1N BOOK 18, PAGE 20 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL 2:
LOTS 4 THROUGH 7, INCLUSIVE AND THE NORTH 18 FEET OF LOT 3 OF JOHN R.
SCHOOLEY'S FIRST ADDITION TO THE CITY OF ORANGE, IN THE CITY OF ORANGE,
COUNTY OF ORANGE, STATE OF CALIFORNIA,AS SHOWN ON A MAP RECORDED IN
BOOK 6, PAGE 17 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIF012NIA.
PARCEL 3:
THAT PORTION OF THE SOUTHEAST QUARTER OF LOT 4 IN BLOCK G OF THE A. B.
CHAPMAN TRACT, IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SURVEYED BY FRANK LECOUVREUR IN DECEMBER 1870,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 33 FEET WEST OF THE EAST LINE OF OLIVE STREET AND
132 FEET NORTH OF THE NORTH LINE OF WALNUT AVENUE IN THE CITY OF
ORANGE, SAID POINT BEING ON THE EAST LINE OF THE WEST 5 ACRES OF
SOUTHEAST QUARTER OF SAID LOT 4, IN BLOCK G OF THE A. B. CHAPMAN TRACT;
THENCE NORTH 68 FEET; THENCE WEST 165 FEET; THENCE SOUTH 68 FEET;
THENCE EAST PARALLEL WITH THE NORTH LINE OF WALNUT AVENUE, 165 FEET
TO THE POINT OF BEGINNING. EXCEPT THE EAST 33 FEET OF SAID PREMISES.
PARCEL 4:
THAT PORTION OF THE SOUTHEAST QUARTER OF LOT 4 IN BLOCK G OF THE A. B.
CHAPMAN TRACT. IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF
CALIFORNIA. AS SURVEYED BY FRANK LECOUVREUR IN DECEMBER 1870,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 33 FEET WEST OF THE EAST LINE OF OLIVE STREET AND
200 FEET NORTH OF THE NORTH LINE OF WALNUT AVENUE IN THE CITY OF
ORANGE, SAID POINT BEING ON THE EAST LINE OF THE WEST 5 ACRES OF
SOUTHEAST QUARTER OF SAID LOT 4, IN BLOCK G OF THE A. B. CHAPMAN TRACT;
THENCE WEST 165 FEET TO A POST, THENCE NORTH 166 FEET TO A POST, THENCE
EAST 165 FEET TO A POST, THENCE SOUTH 166 FEET TO THE POINT OF BEGINNING.
EXCEPT THE EAST 33 FEET OF SAID PREMISES.
APN: 039-132-15 (PORTION)
EXHIBIT B
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