RES-10890 Tentative Tract Map ApprovalRESOLUTION NO. 10890
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE TO APPROVE TENTATIVE TRACT
MAP NO. 0035 -14, MAJOR SITE PLAN NO. 0790 -14,
CONDITIONAL USE PERMIT NO. 2981 -15, AND
DESIGN REVIEW NO. 4764 -14 TO ALLOW FOR THE
CONSTRUCTION OF 40 NEW DETACHED TWO -
STORY SINGLE - FAMILY RESIDENCES ON THE
16 ACRE MARYWOOD PASTORAL CENTER SITE
LOCATED AT 2811 EAST VILLAREAL DRIVE.
WHEREAS, the City Council has authority per Orange Municipal Code Section
16.12.010.C, Orange Municipal Code Table 17.08.020, and Orange Municipal Code Section
17.09.020A. to review and take action on Tentative Tract Map No. 0035 -14, Major Site Plan
No. 0790 -14, Conditional Use Permit No. 2981 -15, and Design Review No. 4764 -14
pertaining to the subdivision of 16 acres of land for the construction of 40 new detached two -
story single - family residences at the former Marywood Pastoral Center located at 2811 E.
Villareal Drive; and
WHEREAS, Tentative Tract Map No. 0035 -14, Major Site Plan No. 0790 -14,
Conditional Use Permit No. 2981 -15, and Design Review No. 4764 -14 was filed by the
applicant in accordance with the provisions of the City of Orange Municipal Code; and
WHEREAS, Tentative Tract Map No. 0035 -14, Major Site Plan No. 0790 -14,
Conditional Use Permit No. 2981 -15, and Design Review No. 4764 -14 was processed in the
time and manner prescribed by state and City law; and
WHEREAS, pursuant to the authority and criteria contained in the California
Environmental Quality Act (CEQA), the Community Development Director analyzed the
proposal and determined that the project will have a potentially significant adverse effect on
the environment. A Draft Environmental Impact Report (Draft EIR 1839 -14,
SCH #2015041033) was prepared and circulated for public review for a period of at least 45
days, from June 19, 2015 to August 3, 2015. The Final Environmental Impact Report and
required discretionary permits for the project is complete and adequate for the consideration
of the Tentative Tract Map, Major Site Plan Review, Conditional Use Permit, and Design
Review Committee applications. City Council Resolution No. 10889 has been passed,
approved and adopted by the City Council on October 13, 2015, certifying Final EIR 1839-
14 (SCH #2015041033) and adoption of a Statement of Overriding Considerations and a
Mitigation Monitoring and Reporting Program for the project and all required discretionary
permits; and
WHEREAS, affected City Departments have reviewed Tentative Tract Map No.
0035 -14, Major Site Plan No. 0790 -14, Conditional Use Permit No. 2981 -15, and Design
Review No. 4764 -14 and submitted conditions related to the subject Department; and
WHEREAS, Design Review Committee reviewed the preliminary proposal on
December 17, 2014, and provided feedback to the applicant on the preliminary proposal. On
July 15, 2015, the Design Review Committee reviewed the formal proposal and related
documents and provided comments. On August 19, 2015, the Design Review Committee
reviewed the revised proposal and recommended approval of the project by the City Council
with conditions to facilitate Design Review Committee review and acceptance of the
project's final architectural and landscape plans prior to the issuance of building permits; and
WHEREAS, The Zoning Administrator reviewed the project on -site temporary
crushing operation at its regular meeting on August 26, 2015 and recommended approval of
the project by the City Council with conditions to facilitate Zoning Administrator review and
acceptance of the project's request for an on -site temporary crushing operation; and
WHEREAS, the Planning Commission conducted a duly advertised public hearing
on Monday, September 21, 2015, and adopted Planning Commission Resolution No. PC 29-
15, which contains recommendations for approval of Tentative Tract Map No. 0035 -14,
Major Site Plan No. 0790 -14, Conditional Use Permit No. 2981 -15, and Design Review No.
4764 -14 subject to conditions; and
WHEREAS, the City Council held a duly advertised public hearing on October 13,
2015 at which time interested persons had an opportunity to testify either in support or
opposition to the proposal and for the purpose of considering Tentative Tract Map No. 0035-
14, Major Site Plan No. 0790 -14, Conditional Use Permit No. 2981 -15, and Design Review
No. 4764 -14 upon property described in Attachment "A ", which is incorporated herein by
this reference.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves
Tentative Tract Map No. 0035 -14, Major Site Plan No. 0790 -14, Conditional Use Permit No.
2981 -15, and Design Review No. 4764 -14 for the subdivision of 16 acres of land for the
construction of 40 new detached two -story single - family residences at the former Marywood
Pastoral Center located at 2811 E. Villareal Drive 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 project achieves multiple goals of the General Plan. The project implements Goal
1.0 of the Land Use Element of the General Plan by providing a range of housing to
meet the diverse needs and lifestyles of residents. The new development reflects
cohesive design standards, qualities, and features. The new development preserves the
character and densities of the City.
The Housing Element of the General Plan strives to meet the housing needs of the
City's diverse population through housing production as one of its tools. The City
City Council Resolution No. 10890 Page 2 of 20
encourages a variety of housing types and living environments in the City. The City
strives to build upon its existing assets to create a living, active and diverse
environment that complements all lifestyles that make Orange unique.
The project is consistent with the land use designations for the residential district and
the policies of the General Plan encouraging the development of a wide range of
housing projects. Therefore, in order to implement the General Plan, the appropriate
development standards to be applied to the proposed project are those set forth in
Orange Municipal Code Section 17.14 pertaining to residential districts.
Tentative Tract Map:
1. The requirements for the filing of subdivision maps shall be governed by the provisions of
the Subdivision Map Act and the provisions of Title 16 of the Orange Municipal Code
OMQ. All maps shall comply with the provisions of the Subdivision Map Act, the City
Zoning Ordinance, Title 16 of the OMC, and any other ordinance, statute or law
pertaining to the use, sale, leasing, or subdivision of land.
The Tentative Tract Map 0035 -14, which is also known as Tentative Tract Map No.
17816, meets the finding requirements as evidenced by Public Works staff review and
verification of the map for compliance with all provisions of the Subdivision Map Act,
Title 16 of the Orange Municipal Code, and any other ordinance, statute or law
pertaining to the use, sale, leasing or subdivision of land. In addition, the tract map
contains the following characteristics:
1. The proposed subdivision map is consistent with City of Orange General Plan
as stated in the General Plan finding above.
2. The proposed subdivision complies with the development standards contained
in the City's Zoning Ordinance. The project is consistent with the land use
designations for the residential district.
3. The proposed residential uses are compatible with existing residential uses
located in the vicinity of the subject site. The project design provides varied and
articulated building elevations, and streetscape enhancements that provide an
appealing environment.
4. The project is subject to conditions and mitigation measures that will preserve
the public welfare and insure that the project will not have an adverse impact on
adjacent land use.
5. City departments have reviewed the project and found that City services are
available and adequate to serve the needs of the tentative tract map. Sufficient
public infrastructure, emergency services, and water supply are available to the
project.
City Council Resolution No. 10890 Page 3 of 20
6. The applicant will be undergrounding existing utilities on Villareal between the
City's water tanks to the south and the entrance to the proposed development.
7. The project is above compliance as it relates to the promotion of the Green
Building Code and water efficiency.
8. The proposed subdivision provides for safe and adequate vehicular and
pedestrian circulation, both on and off -site. As depicted in the site plan layout
and documentation.
9. With the tentative tract map, the site continues to maintain the same type of
development possibilities under existing density and zoning limitations as the
site currently has.
10. The site is physically suitable for the type of development and the proposed
density of development. The property is zoned Residential Single Family with a
minimum lot size of 6,000 square feet (R -1 -6). Residential lot sizes would range
from a minimum of 7,610 square feet, with some lots as large as 18,970 square
feet, inclusive of slope area.
11. The data and analysis upon which these findings of fact are based are set forth
in the staff report and associated documents for Environmental Review No.
1839 -14, Tentative Tract Map No. 0035 -14, Major Site Plan No. 0790 -14,
Conditional Use Permit No. 2981 -15, and Design Review No. 4764 -14, staff's
oral presentation, public testimony, and Commissioner comments which
constituted the Planning Commission's review of this application.
12. In accordance with the requirements of local CEQA Guidelines, State CEQA
Guidelines and the California Environmental Quality Act, a statement of
overriding consideration has been adopted for this project and is shown in EIR
1839 -14.
Major Site Plan:
1. The project design is compatible with surrounding development and neighborhoods.
The uses immediately surrounding the project site is a child care center and single
family residences. The proposed 40 single family residential development is compatible
with the surrounding developments and neighborhoods. Residential lot sizes would
range from a minimum of 7,610 square feet, with some lots as large as 18,970 square
feet, inclusive of slope. The homes range in size from 3,800 square feet to 4,400 square
feet.
2. The project conforms to City development standards and any applicable special design
guidelines or specific plan requirements.
City Council Resolution No. 10890 Page 4 of 20
The proposed development conforms to City development standards. The project
design provides varied and articulated building elevations, and streetscape
enhancements that provide an appealing environment. The new development preserves
the character and densities of the City.
3. The project provides for safe and adequate vehicular and pedestrian circulation, both on-
and off -site.
The proposed project incorporates streetscape improvements that reinforce the
pedestrian environment and quality of the pedestrian experience in a manner that
provides pedestrian safety. The vehicular access point has been designed to ensure safe
circulation conditions. With adoption of Conditions of Approval and mitigation
measures, the proposed project provides for safe and adequate circulation.
4. City services are available and adequate to serve the project.
As analyzed in the Draft EIR, there is adequate water, wastewater, waste hauling,
emergency service response, schools, library, and City Hall services to serve the
project. Impact fees are collected at the time of building permit issuance for many of
the City services provided the project to offset any potential increase in needs for City
services. In addition, park facility impact fees would be required to be paid at the time a
building permit is issued for each unit. With payment of the park facility impact fee, no
impacts to City Parks are anticipated.
5. The project has been designed to fully mitigate or substantially minimize adverse
environmental effects.
The proposed project includes project design features that minimize potential adverse
impacts to Aesthetics, Air Quality, Biological Resources, Geology & Soils, Greenhouse
Gas, Hazards /Hazardous Materials, Hydrology /Water Quality, Land Use & Planning,
Noise, Population & Housing, Public Services, Transportation Traffic, and Utilities &
Service Systems.
Although most potential Project impacts have been substantially avoided or mitigated,
as described in the Findings of Fact, there remains one project impact for which
complete mitigation is not feasible. The City finds that the demolition of the
existing Marywood development would have a significant impact on cultural and
historic resources under CEQA, cannot be reduced to a level of less than significant.
The existing Marywood development stems primarily from characteristics of New
Formalism architecture, and the site's association with principal work by Vincent G.
Raney, a significant and prolific post -World War II architect. High stylistic intent is
evident in overall design and in the character defining features, which include the
innovative Modern re- creation of stained glass in the chapel's Dalle de Verre paneled
fenestration. The existing Marywood development possesses a high degree of integrity
of location, design, setting, materials, workmanship, feeling, and association and
appears to rise to the level of significance that merits state and national distinction and
City Council Resolution No. 10890 Page 5 of 20
listing as the existing Marywood development embodies distinctive characteristics of
Modern design in the New Formalism style.
Although the project would implement PDF CUL -1, which consists of the
implementation of a religious and architectural salvage program of items found onsite,
and the EIR identified a mitigation measure, MM CUL -3, which requires that a
recordation and architectural salvage program be implemented prior to the issuance of a
demolition permit, the EIR concluded that this impact could not be reduced to a level of
less than significant. In addition, no feasible alternatives were identified that would
avoid or minimize this impact to a less than significant level.
Conditional Use Permit Required Findings:
1. A Conditional Use Permit shall be granted upon sound principles of land use and in
response to services required by the community.
Consideration has been given as to whether the proposed temporary onsite crushing
will detrimentally affect adjacent land uses. The applicant has identified the location of
the rock crusher, the proximity of the rock crusher to residential zones, haul routes for
removal of crushed materials, hours of operation, duration of crushing and hauling
activities, and measures proposed to mitigate potential impacts such as dust, noise,
vibration and traffic as required. The proposed temporary onsite crushing operation will
comply with the requirements.
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 project site is surrounded by residential properties. Based on the proposed location
for the crushing operation, the approximate distance between the crushing equipment
and nearest receptors are as follows: 650 feet (north); 305 feet (east); 450 feet (south);
and 750 feet (west). Crushing of demolished material is anticipated to take 10 working
days. This does not include the timing for soil remediation, demolition, and separation
of materials. The proposed temporary onsite crushing operation will comply with the
requirements. The proposed temporary onsite crushing operation will comply with the
requirements.
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.
Crushing machinery and operations would be located near the area currently occupied
by the existing Chapel, which represents the center of the project site and away from
sensitive receptors. Crushing operations would be restricted to Monday through Friday
from 7:30 AM to 4:30 PM. No crushing would be permitted on Saturday, Sunday, or
holidays. Crushing of demolished material is anticipated to take 10 working days. This
does not include the timing for soil remediation, demolition, and separation of
materials. The proposed temporary onsite crushing operation will comply with the
requirements.
City Council Resolution No. 10890 Page 6 of 20
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.
Construction noise levels during the demolition and crushing phase would exceed the
existing background noise levels at the neighboring noise - sensitive receivers.
Construction activities would occur only during daytime hours and for a limited
duration. Construction noise levels would be clearly audible at the exterior areas of
adjoining homes and a day care center. Noise generated during construction activities is
exempt from the City's Noise Ordinance provided construction is scheduled between
the hours of 7 AM and 8 PM on weekdays and between 9 AM and 8 PM on Sundays
and holidays. Therefore, a potentially significant impact would occur only if demolition
and /or crushing activities were to take place outside of the City's restricted hours.
The standard conditions, project design features, and mitigation measures listed in the
EIR are designed to reduce impacts associated with crushing activities. The project's
EIR identified no potential impacts related to vibration or traffic as a result of onsite
crushing.
Design Review Committee:
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 located in the Old Towne Historic District; therefore, this Finding
does not apply to the application at hand.
2. In any National Register Historic District, the proposed work complies with the
Secretary of the Interior's standards and guidelines (OMC 17.10.07. G. 2).
The project is not located in the National Register Historic District; therefore, this
Finding does not apply to the application at hand.
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.
This finding is fulfilled as determined by the Design Review Committee when, on
August 19, 2015, the Committee reviewed the project and recommended that the
Planning Commission approve the project subject to conditions of approval.
The project's architecture provides architectural continuity that reflects contemporary
interpretations of the City's historic and cultural characteristics. The applicant has
proposed a varied street plan, which would be achieved by the three different floor
plans that can also be reversed, three different architectural styles, and three different
color palettes, which would result in different combinations of floor plan, architectural
City Council Resolution No. 10890 Page 7 of 20
style, and color palette. The project's architecture would be internally consistent and
provide for an integrated design theme. The landscaping themes have been integrated
and work well with each other. There is no specific plan for the site.
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 neighborhood character (OMC 17.10.07. G. 4).
The Infill Residential Design Guidelines apply to small scale subdivisions of four (4)
lots or less, because of its size, consisting of a 40 lot subdivision, the proposed project
is not considered infill residential development as defined by the City's Infill
Residential Design Guidelines; therefore, this Finding does not apply.
SECTION 2 — CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed with
recommendation of approval:
1. 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.
2. Applicant shall defend, indemnity, and hold harmless the City of Orange, its officers,
agents, and employees from any claim, action, or proceeding against the City, its
officers, agents, or employees to attack, set aside, void, or annul an approval of the
Planning Commission or City Council concerning this subdivision, which action is
brought within the time period provided for in Government Code Section 66499.37. The
City shall promptly notify the applicant of any such claim, action, or proceeding and
shall cooperate fully in the defense. This condition is imposed pursuant to Government
Code Section 66474.9(b).
3. These conditions shall be reprinted on the cover sheet or first page of construction plans,
including grading plans.
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
City Council Resolution No. 10890 Page 8 of 20
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 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.
7. The project shall conform in substance and be maintained in general conformance with
plans and exhibits date labeled September 21, 2015 including any modifications required
by conditions of approval, and as recommended for approval by the Planning
Commission. Any future expansion in area or in the nature and operation of the use
approved by Tentative Tract Map No. 0035 -14, Major Site Plan Review No. 0790 -14,
Conditional Use Permit No. 2981 -15, Design Review No. 4764 -14, and Environmental
Review No. 1839 -14, shall require an application for a new or amended Site Plan
Review.
8. 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.
9. The applicant shall coordinate and work with the City to underground the two utility
poles located to the north of the Marywood site, which serve power to the City's Water
Tank.
10. Conditional Use Permit No. 2981 -15 for the materials temporary crushing operation
shall expire after 20 working days from the commencement of the first day of materials
crushing.
11. In conjunction with the temporary onsite crushing operation, all activity will be limited
to the hours between 7:30 AM and 4:30 PM, Monday through Friday. No construction
activity will be permitted on Saturday, Sundays and Federal holidays.
12. Grading operations shall be restricted to Monday through Friday between the hours of
7:30 AM and 5:00 PM, with limited grading as necessary permitted on Saturdays
between the hours of 8:00 AM and 4:30 PM. Mechanics may service the equipment up
to two hours after each shift.
City Council Resolution No. 10890 Page 9 of 20
13. All other construction activities shall conform to the City's Noise Ordinance, OMC
Section 8.24, and shall be further limited to Monday through Saturday, 7:00 AM to 8:00
PM. No construction activities shall be permitted on Sundays or federal holidays.
14. Prior to any and all work within the public right -of -way, an encroachment permit shall
be required including but not limited to construction of sidewalks, driveways, and utility
laterals.
15. 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.
16. Drainage facilities discharging onto adjacent property shall be designed to imitate the
manner in which runoff is currently produced from the project site. Alternatively, the
project applicant may obtain a drainage acceptance and maintenance agreement, suitable
for recordation, from the owner of said adjacent property.
17. 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.
18. During construction, all hot taps required on existing City mains to provide water
service to any lot, parcel, or subdivision shall be performed by City crews at the
developer's expense in accordance with the fee schedule established by resolution of the
city council.
19. Prior to the issuance of any permits, the applicant shall provide all final consultant
generated electronic files for the project to the Community Development Department.
Specifically, all Word document files, including technical appendices for the
Environmental Impact Report shall be provided to staff.
20. Prior to the submittal of plans into building plan check, the applicant shall return before
the Design Review Committee with final architectural and landscape plans, and color
and materials for review and approval by the Design Review Committee.
21. Prior to the submittal of plans into building plan check, the applicant shall study
enhancement of the secondary elevations or fagade where the elevations are most highly
visible on Lots 25, 26, 29, 31 and 39 and provide to the Design Review Committee for
review prior to final approval.
22. Prior to the submittal of plans into building plan check, the applicant shall further study
the appearance of the second level decks in elevation and provide to the Design Review
Committee for review for to final approval.
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23. Prior to the submittal of plans into building plan check, the proposed side yard wall
adjacent to the neighbors on Lot 17 shall be called out to be constructed of slump stone.
24. Prior to the submittal of plans into building plan check, the applicant shall restudy the
walls and slope conditions adjacent to Lots 22, 25, 31, and 37 and provide to the Design
Review Committee for review prior to final approval.
25. Prior to the submittal of plans into building plan check, the applicant shall explore all the
fagade conditions and geometry of roof gables particularly where materials begin and
end and balance those on the fagade and return to the Design Review Committee for
final review including a color and material sample board for each of the styles that are
offered.
26. Prior to the submittal of plans into building plan check, the applicant shall provide
cultural details for the memorial area to the Design Review Committee for review and
approval.
27. Prior to the submittal of plans into building plan check, the applicant shall revise the
plans to include provisions for a pedestrian access entry gate and return to the Design
Review Committee for final review.
28. Prior to the submittal of plans into building plan check, the applicant shall provide a
pedestrian gate into the development. The location of the pedestrian gate shall be review
with by City staff for compliance with any applicable codes.
29. Prior to the issuance of a grading permit or execution of a land exchange agreement,
whichever occurs first, the City shall issue an entry /encroachment permit to allow the
applicant access onto City property to conduct remedial grading, construction of a
retaining wall, and construction of drainage facilities as shown on Tentative Tract Map
17816, and conduct short-term maintenance of said City property until such time the
land exchange has recorded.
30. Prior to approval of the grading permit, the applicant will need to prepare and submit a
Final Water Quality Management Plan (WQMP) with for review and approval by the
Public Works Department that:
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,
Incorporates the applicable Routine Source and Structural Control BMPs as defined
in the Drainage Area Management Plan (DAMP),
Maintains the hydrologic characteristics of the site by matching time of concentration,
runoff, velocity, volume and hydrograph for a 2 -year storm event,
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Minimizes the potential increase in downstream erosion and avoids downstream
impacts to physical structures, aquatic and riparian habitat,
Generally describes the long -term operation and maintenance requirements for
structural and Treatment Control BMPs,
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,
Describes the mechanism for funding the long -term operation and maintenance of all
structural and Treatment Control BMPs,
Includes a copy of the forms to be used in conducting maintenance and inspection
activities,
Meets recordkeeping requirements (forms to be kept for 5 years).
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.
31. Prior to issuance of grading permits, (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.
32. Prior to issuance of grading permits, plans submitted for plan check shall show that all
driveway aprons shall comply with City of Orange Standard Plans and Specifications
and shall conform to current ADA requirements.
33. Prior to issuance of grading permits, the grading plan submitted for review shall include
phased Erosion and Sediment Control Plans and any Site Demolition Plan, if required.
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.
34. Prior to the issuance of grading permits, the applicant shall work with staff to make the
conditions of approval and mitigation measures available to the public at the site.
35. Prior to the issuance of grading permits, the applicant shall apply for issuance of a tree
removal permit for the removal of trees from the site.
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36. Prior to the issuance of grading permits, the contractor shall obtain approval from Public
Works Department prior to start of any site demolition, clearing and grubbing work.
37. Prior to the issuance of a grading permit, the applicant shall pay all applicable fees to
cover plan check and inspection services related to grading activities.
38. Plans submitted during 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.
39. 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. Residential fire suppression services shall be stand alone services per
City standards.
40. Plans submitted during plan check shall show that a minimum twenty -foot separation
will be maintained from the public water system facilities to the proposed /existing
buildings and structures per City of Orange Location Of Underground Utilities Standard
and as approved by the water division.
41. Prior to the issuance of building permits, the applicant shall demonstrate to the
satisfaction of the Community Development Director that all new mechanical equipment
throughout the development shall be acoustically shielded and architecturally screened
from view from adjacent streets and adjacent properties.
42. Prior to the issuance of building permits, the applicant shall submit three (3) sets of final
landscape, lighting and irrigation plans for review and approval to the Community
Development and Community Services Department.
43. Prior to the issuance of building permits, the final landscape plan shall include a note
that a fully automated irrigation system will be provided.
44. Prior to the issuance of building permits, City required irrigation and landscape
inspection notes shall be placed on the final landscape plan, to the satisfaction of the
Community Services Director.
45. Prior to the issuance of building permits, 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.
46. Prior to the issuance of building permits, the corners at the intersection of "A" Street and
B" Street shall be rounded curbs to allow for an enhanced turning radius per the Fire
Master Plan Guidelines.
47. Prior to the issuance of building permits, construction plans shall show that all structures
shall comply with the requirements of Municipal Code (Chapter 15.52 Building Security
City Council Resolution No. 10890 Page 13 of 20
Standards), which relates to the use of specific hardware, doors, windows, lighting, etc.
Ord. No. 7 -79). Architect 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.
48. Prior to the issuance of building permits, 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.
49. Prior to the issuance of building permits, the applicant shall cause to be prepared a Final
Map in substantial compliance with the tentative tract map and conditions of approval,
to the satisfaction of the Public Works Director. A final tract map shall be recorded
within 24 months after tentative approval and prior to the sale or lease of any parcel.
50. Prior to the issuance of building permits, Codes, Covenants, and Restrictions shall be
reviewed and approved by the City for the entire site and address specific
responsibilities of the Homeowners Association (HOA). A few specific areas include,
but are not limited to:
Maintenance responsibilities for any private drainage or water quality features.
Maintenance responsibilities for landscape areas, including parkways, median
roadway areas, arterial roadway landscaping, common slopes, or native open space.
Detailing enforcement options available to the City to ensure that maintenance is
continuously undertaken for common slopes, drainage and water quality, fuel
modification zones or other zoning aspects.
Maintenance of any applicable private streets.
Identification of common open space lots that will be owned or under the control of
the HOA and maintenance for open space lots.
Maintenance of native open space areas under the ownership and control of the HOA.
A method to distribute the cost of required maintenance in an equitable manner
among the owners of the dwelling units within the subdivision.
Ownership and maintenance of common slope areas, including down drain and
terrace drains.
The CC & R's shall contain a provision that the Fire Chief can, at his discretion,
require further street markings for fire lanes (including red curbing) if signage fails to
keep fire lanes clear of vehicles or other obstructions.
City Council Resolution No. 10890 Page 14 of 20
All lettered parcels shall remain under common ownership, maintenance, and liability
of the Home Owner Association. No lettered lot may be sold or donated separately
without City approval.
The CC & R's shall contain a provision restricting the height of the trees from
blocking the view of neighbors.
51. 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.
52. Prior to building permit issuance, the applicant shall submit a water improvement plan
to the Water Division for new 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 applicant
shall install a minimum of one City dedicated pressure reducing station at a location
designated and of a design as approved by the Water Division and shall be responsible
for the costs associated with the proposed improvements.
53. Prior to building permit issuance, the applicant shall submit plans to the Water Division
related to any requests for temporary construction access to a Water Division site for
review and approval.
54. Prior to building permit issuance, the applicant shall be responsible for the
installation/relocation of the proposed /existing public water system appurtenances as
necessitated by the proposal to a location and of a design as approved by the Water
Division.
55. Prior to building permit issuance, construction documents shall show that each property,
residence, main building, or structure shall have a separate domestic metered service
unless otherwise approved by the Water Division.
56. Prior to building permit issuance, construction documents shall show that the applicant
shall furnish and install individual pressure regulators on the private side of new
services.
57. Prior to building permit issuance, the Water Division shall approve the type and location
of all back flow prevention devices.
58. Prior to building permit issuance, the Water Division shall approve the type and location
of fire suppression service (detector check) back flow prevention devices.
59. Prior to building permit issuance, 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.
City Council Resolution No. 10890 Page 15 of 20
60. 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 those identified in the Water Division's standard number 113.
61. Prior to building permit issuance, 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.
62. Prior to building permit issuance, construction documents shall show that the minimum
separation requirements are met and that each of the various designers' 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.
63. Prior to building permit issuance, the applicant shall be required to submit construction
documents from the Engineer of Record for review and approval by the City Engineer
demonstrating that all work pertaining to the completion of the project will not
negatively impact the integrity of the existing reservoirs, reservoir sites, pump station,
pressure reducing station and associated infrastructure.
64. Prior to building permit issuance, the applicant shall provide construction documents
from the Engineer of Record for review and approval by the City Engineer
demonstrating that no sheet flow from the project onto any of the reservoir sites, pump
station and or pressure reducing station will occur. All slope drainage and or terrace
drains shall be designed and installed in such a manner to prevent surface sheet flow
from the project site onto the pump station easement, pressure reducing station and
reservoir sites.
65. Prior to building permit issuance, construction documents shall show that surface water
quality features such as but not limited to impervious area dispersions, infiltration
planters, basins, pervious pavement or other structures are not installed over the city's
water mains, laterals, services, meters, detector checks and fire hydrants and are
designed and installed in such a matter that infiltration and runoff will not be permitted
to flow into or onto the pump station easement, pressure reducing station lot and
reservoir sites.
66. Prior to building permit issuance, construction documents shall show that permanent
signs, awnings or other structures are not installed over the City's water mains, laterals,
services, meters, detector checks and fire hydrants.
67. Prior to building permit issuance, the applicant shall submit plans for a permanent
fence /wall installed down slope of the grading to complete an uninterrupted barrier
around and securing the existing reservoirs to the Water Division for review and
approval. No access to the private or home owner's association future slope areas shall
be allowed on a regular basis through Water Division sites.
City Council Resolution No. 10890 Page 16 of 20
68. Prior to building permit issuance, construction documents shall show that the pump
station landscaping shall be protected in place or removed and replaced. The applicant
shall submit plans to the Water Division for review and approval related to pump
station/pressure reducing station landscaping and shall be responsible for the costs
associated with the proposed improvements.
69. Prior to building permit issuance, the applicant shall submit the Draft Conditions,
Covenants, and Restrictions for the project to the Water Division for review and
approval.
70. 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.
71. Prior to approval of the water improvement plan, the applicant shall satisfy all water
construction bond requirements for the installation of the public water system
improvements as determined by the Water Division.
72. Prior to approval of the water improvement plan, the applicant shall enter into a Grant of
Easement and Agreement with the City of Orange for all lettered lots. The applicant
shall furnish a dedicated and graded minimum twenty -foot wide unencumbered access,
maintenance and utility easement to be contiguous to the existing City Right of Ways
and easements as determined by the Water Division for all City water appurtenances
including but not limited to pressure reducing stations, mains, meters, laterals, detector
checks and fire hydrants.
73. Prior to City approval of the landscape plans, the applicant shall review the approved
WQMP ensure the proposed landscape plans are consistent with the project grading
plans and show applicable Best Management Practices such as grass swales, detention
basins, grass or vegetated buffers, filters, permeable pavers, etc.
74. Prior to approval of the Final Map, the applicant shall pay any applicable fees for the
processing of the final map, as established at the time the map is filed.
75. Prior to approval of the Final Map, the Final Tract Map shall dedicate to the City and its
assigns, and the City shall approve the method and language of the dedication, the right
to enter the private streets and driveways for the maintenance of public utilities (if any),
emergency access, trash collection, and for any other reasons stated in the dedication
mechanism.
76. Prior to approval of the Final Map, Codes, Covenants, and Restrictions (CC & R's) shall
be recorded with the Orange County Recorder's Office. The CC & R's shall be designed
for the entire site outlining specific responsibilities such as drainage, utilities, access,
maintenance, landscaping, and enforcement provisions. Those aspects that are zoning in
nature shall be structured so that it cannot be rescinded or modified without City
approval. The City shall have discretion to enforce provisions that are zoning in nature.
City Council Resolution No. 10890 Page 17 of 20
Prior to recordation, the CC & R's shall be reviewed and approved jointly by the City
Attorney, Community Development Director, and Public Works Director. The applicant
shall be responsible for all costs incurred for the review of the CC & R's by the City
Attorney, Public Works Director, and the Community Development Director at the
City's hourly billing rate.
77. Prior to approval of the Final Map, the preparation of CC & R's shall include, as
applicable, a Master Association.
78. Prior to recordation of the Final Map, a copy of the project's Covenants, Conditions and
Restrictions shall be provided to the Public Works Department for review that includes
requirements for maintenance and funding of the project's structural and treatment water
quality best management practices as approved by the City.
79. Prior final Certificate of Occupancy, the name "Marywood" shall be used as part of the
community name for the development. The location of the community name shall be
review with by City staff for compliance with any applicable codes.
80. Prior to the issuance of a Certificate of Occupancy, the surveyor or engineer preparing
the map shall submit to the Public Works Department a digital graphics file containing
such information and data and in such format as shall be acceptable to the Public Works
Director.
81. Prior to the issuance of a Certificate of Occupancy and /or completion of a final
inspection of any dwelling unit, a homeowner's association shall be formed. The
association shall be responsible for the maintenance of all common areas, private
utilities, and sanitary sewer system.
82. Prior to 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 areas shall not exceed a
maintained minimum of 0.5 foot - candle.
83. Prior to the issuance of a Certificate of Occupancy, the applicant shall reconstruct the
public sewer main within the development area.
84. Prior to the issuance of a Certificate of Occupancy, all appropriate cable television
systems shall be entitled and allowed to place and locate wires, conduits, appurtenances,
and any and all equipment necessary to extend cable television service to each
residential parcel in the subdivision.
85. Prior to release of the Certificate of Occupancy, a trash plan shall be submitted to, and
approved by the Public Works Department. This trash plan shall be included in the
Covenants, Conditions, and Restrictions for the project.
City Council Resolution No. 10890 Page 18 of 20
86. Prior to the issuance of a Certificate of Occupancy, the applicant shall demonstrate that
monuments associated with the Final Map are set based on a field survey.
87. Prior to the issuance of a Certificate of Occupancy, the applicant shall demonstrate the
following to the Public Works Department:
That all structural best management practices (BMPs) described in the Project
WQMP have been constructed and installed in conformance with the approved plans
and specifications
That applicant is prepared to implement all non - structural BMPs described in the
Project WQMP
That an adequate number of copies of the project's approved final Project WQMP are
available for the future occupiers
88. 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.
89. 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.
90. Prior to the issuance of a Certificate of Occupancy, the applicant shall furnish and install
City dedicated remote read meters for all services of a manufacturer as approved by the
Water Division.
91. Prior to the issuance of a Certificate of Occupancy, the applicant shall furnish keys, key
cards, and or key codes to the Water Division for all gated and locked public entries.
Mitigation Measure Conditions
92. All project Mitigation Measures and Project Design Features shall be complied with
and implemented as stated in the Mitigation Monitoring and Reporting Program located
in Environmental Impact Report 1839 -14.
Code Provisions
The following Code provisions are applicable to this project and are included for information
only. This is not a complete list and other Code provisions may apply to the project:
Prior to issuance of building permits, 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,
City Council Resolution No. 10890 Page 19 of 20
Park Acquisition, Library, Sanitation District, School District, and Eastern Foothill
Transportation Corridor, as required.
Tentative Tract Map No. 0035 -14, Major Site Plan No. 0790 -14, Conditional Use Permit No.
2981 -15, and Design Review No. 4764 -14 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.
ADOPTED this 13 day of October, 2015.
Y/L -fQ -d L
Teres E. Smith, Mayor, City of Orange
ATTEST:
Mary E. rp City Clerk, City o Or ge
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 therefore held on the 13 day of October, 2015, by the
following vote:
MOTION:COUNCILMEMBER:Nichols
SECOND:COUNCILMEMBER:Alvarez
AYES:COUNCILMEMBER:Alvarez, Murphy, Nichols
ABSTAIN (RECUSED):COUNCILMEMBER:Whitaker
ABSENT:COUNCILMEMBER:Smith
Mary E. ; City CYerk, Ci Orange
City Council Resolution No. 10890 Page 20 of 20
PRELIMINARY REPORT
Your Reference:
Fidelity National Tide Company
Order No.: 997 - 23014122 -B -TCI
LEGAL DESCRIPTION
EY,Mrr "A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ORANGE, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
A PORTION OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN A DEED RECORDED JUNE 15, 1962
IN BOOK 6145, PAGE 608 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY BOUNDARY OF TRACT NO. 6937, AS SHOWN ON A MAP
FILED IN BOOK 317, PAGES 32 THROUGH 34, INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, SAID BOUNDARY SHOWN AS HAVING A BEARING OF "N5 °03'16 "E ",
SAID POINT BEING THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE IN LOT 42 OF SAID
TRACT NO. 6937 SHOWN AS "FUTURE LOT LINE"; THENCE ALONG THE SOUTHERLY BOUNDARY OF
THAT CERTAIN LAND DESCRIBED AS PARCEL 1 OF LOT LINE ADJUSTMENT LL 78 -4 AS RECORDED
SEPTEMBER 21, 1978 IN BOOK 12851, PAGE 1570 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY,
THE FOLLOWING COURSES: SOUTH 61 °30'39" EAST 49.03 FEET, NORTH 60 0 00100" EAST 161.00 FEET,
NORTH 75 0 00'00" EAST 150.0 FEET, NORTH 81 °00'00" EAST 215.00 FEET, NORTH 62 °30'51" EAST 154.22
FEET TO THE SOUTHWEST CORNER OF LOT 29 OF TRACT NO. 5315, AS SAID TRACT IS SHOWN ON A
MAP RECORDED IN BOOK 204, PAGES 39 THROUGH 41, INCLUSIVE OF SAID MISCELLANEOUS MAPS;
THENCE NORTH 89 0 34'00" EAST 200.00 FEET ALONG THE SOUTHERLY BOUNDARY OF LOT 29 OF SAID
TRACT NO. 5315 TO THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS
PARCEL 2 IN A DEED TO THE CITY OF ORANGE RECORDED IN BOOK 4534, PAGE 527 OF OFFICIAL
RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 9 °31 EAST 253.18 FEET ALONG THE
EASTERLY BOUNDARY OF THAT CERTAIN LAND DESCRIBED IN A QUITCLAIM DEED FROM THE CITY
OF ORANGE RECORDED DECEMBER 18, 1962 IN BOOK 6365, PAGE 215 OF OFFICIAL RECORDS OF SAID
ORANGE COUNTY TO A POINT IN THE SOUTHERLY LINE OF SAID PARCEL 2; THENCE NORTH
89 0 34'00" EAST 93.11 FEET ALONG SAID SOUTHERLY LINE FO SAID PARCEL 2 TO THE NORTHWEST
CORNER OF LOT 9 OF SAID TRACT NO. 5315; THENCE ALONG THE WESTERLY BOUNDARY OF SAID
TRACT NO. 5315, SOUTH 5 °20'05" WEST 391.71 FEET TO A POINT IN SAID WESTERLY BOUNDARY, SAID
POINT BEING THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS
OF350.00 FEET, A RADIAL LINE THROUGH SAID POINT HAVING A BEARING OF NORTH 69 °25'27" EAST;
THENCE SOUTHERLY 68.17 FEET ALONG SAID CURVE AND SAID SOUTHERLY BOUNDARY THROUGH
A CENTRAL ANGLE OF 11 009'33" TO THE MOST SOUTHERLY CORNER OF SAID TRACT NO. 5315, A
RADIAL LINE THROUGH SAID CORNER BEARS NORTH 80 0 35'00" EAST, SAID CORNER BEING A POINT_
IN THE CENTERLINE OF THAT CERTAIN STRIP OF LAND DESCRIBED AS PARCEL 3 OF A DEED
RECORDED IN BOOK 4534, PAGE 527 OF OFFICIAL RECORDS OF ORANGE COUNTY; THENCE
CONTINUING ALONG SAID CURVE AND SAID CENTERLINE SOUTHWESTERLY 662.18 FEET THROUGH
A CENTRAL ANGLE OF 108 0 24100 "; THENCE ALONG SAID CENTERLINE TANGENT TO SAID CURVE
NORTH 81 001'00" WEST 14100 FEET TO A POINT IN THE EASTERLY LINE OF THE CERTAIN LAND
DESCRIBED AS PARCEL 1 IN A DEED TO THE CITY OF ORANGE RECORDED IN BOOK 4534, PAGE 527
OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE ALONG THE BOUNDARY OF SAID
PARCEL 1 THE FOLLOWING COURSES: NORTH 8 °59'00" EAST 239.65 FEET AND NORTH 57 °06 WEST
321.59 FEET TO THE MOST EASTERLY CORNER OF THAT CERTAIN LAND DESCRIBED IN DEED TO THE
CITY OF ORANGE RECORDED IN BOOK 11389, PAGE 748 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY; THENCE ALONG THE BOUNDARY OF THE LAST MENTIONED LAND THE FOLLOWING
COURSES: NORTH 20 °51'00" WEST 350.00 FEET AND SOUTH 65 °34'38" WEST 123.79 FEET TO A POINT IN
THE EASTERLY BOUNDARY OF SAID TRACT NO. 6937; THENCE ALONG SAID EASTERLY BOUNDARY
NORTH 5 0 03'16" EAST 196.75 FEET TO THE POINT OF BEGINNING.
EXCEPT AN UNDIVIDED ONE -HALF OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES
UNDERLYING OR CONTAINED IN OR THAT MAY BE DEVELOPED IN OR UPON SAID LAND, WITHOUT
THE RIGHT OF ENTRY, AS RESERVED BY JOTHAM BIXBY COMPANY, UPON THE TERMS, COVENANTS
CLTA Preliminary Report Form — Modified (11/17/06) Page 3
EXHIBIT A (Continued) Fidelity National Title Company
Your Reference: Order No.: 997 - 23014122 -B -TCI
AND CONDITIONS CONTAINED THEREIN IN DEED RECORDED SEPTEMBER 23, 1941 IN BOOK 1108,
PAGE 421 OF OFFICIAL RECORDS.
ALSO EXCEPTING ALL RIGHT, TITLE AND INTEREST IN AND TO ALL OIL, NAPHTHA, GAS,
PETROLEUM AND OTHER MINERAL SUBSTANCES (OTHER THAN WATER) DEPOSITED IN, LYING
UNDER, FLOWING THROUGH. OR THAT MAY BE PRODUCED FROM THE PROPERTY HEREIN
CONVEYED PROVIDED, HOWEVER, THAT NO RIGHT IS RESERVED TO THE GRANTORS, THEIR
SUCCESSORS OR ASSIGNS, TO ENTER THE SURFACE OF SAID PROPERTY OR SUBSURFACE THEREOF
AT ANY POINT ABOVE A DEPTH OF 500 FEET FROM THE SURFACE THEREOF (MEASURED
VERTICALLY FROM THE SURFACE THEREOF) AS RESERVED BY LOUIS E. NOHL AND MARGARET
ELLIOTT NOHL IN DEED RECORDED SEPTEMBER 14 1960 IN BOOK 5416 PAGE 424 OF OFFICIAL
RECORDS.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS SET FORTH IN THAT CERTAIN "FINAL
ORDER OF CONDEMNATION" IN FAVOR OF THE CITY OF ORANGE, RECORDED JULY 21, 1981 IN BOOK
14149, PAGE 97 OF OFFICIAL RECORDS OF ORANGE COUNTY.
APN: 361-064-01
CLTA Preliminary Report Form — Modified (11/17106) Page 4