RES-10649 Conditional Use Permit 2817-11 ApprovalRESOLUTION NO. 10649
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING CONDITIONAL
USE PERMIT NO. 2817 -11, DESIGN REVIEW
COMMITTEE NO. 4527 -11 & MINOR SITE PLAN
REVIEW NO. 0652 -11 FOR A NEW 7- ELEVEN
CONVENIENCE STORE WITH THE SALE OF
MOTOR FUEL AND A MODIFICATION TO AN
EXISTING ALCOHOLIC BEVERAGE CONTROL
TYPE 20 (OFF -SALE BEER AND WINE) LICENSE
LOCATED AT 615 SOUTH TUSTIN STREET
APPLICANT: RASSOL EFTEKHARIAN (7- ELEVEN)
WHEREAS, City Council authority to render a decision on Conditional Use Permit
No. 2817 -11 is derived from Orange Municipal Code (O.M.C.) Section 17.10.030 D. which
authorizes the City Council to have the final authority for Conditional Use Permits involving
off -sale alcoholic beverage licenses in conjunction with the sale of motor fuel. Furthermore,
O.M.C. Section 17.08.020 provides City Council authority for final review of all matters
relating to planning and zoning; and
WHEREAS, O.M.C. Section 17.10.070 requires the approval of Design Review
when a development project requires action by the Planning Commission or City Council,
and
WHEREAS, O.M.C. Section 17.10.060 requires a Minor Site Plan Review for
projects that meet the minimum criteria for consideration as a Minor Site Plan application,
and
WHEREAS, O.M.C. Section 17.30.030C.2. requires that an initial hearing be held
before the Planning Commission for Conditional Use Permits involving off -sale alcoholic
beverage licenses in conjunction with the sale of motor fuel in the Limited Business (C -1)
District; and
WHEREAS, the Planning Commission conducted a duly advertised public hearing
on March 5, 2012, for the purpose of considering Conditional Use Permit No. 2817 -11, Design
Review Committee No. 4527 -11 & Minor Site Plan Review No. 0652 -11, and adopted Planning
Commission Resolution No. PC 12 -12 recommending approval; and
WHEREAS, Conditional Use Permit No. 2817 -11, Design Review Committee No. 4527-
11 & Minor Site Plan Review No. 0652 -11, were filed by the applicant in accordance with the
provisions of the City of Orange Municipal Code; and
WHEREAS, Conditional Use Permit No. 2817 -11, Design Review Committee No. 4527-
11 & Minor Site Plan Review No. 0652 -11 were processed in the time and manner prescribed
by state and local law; and
WHEREAS, the property owner has agreed to surrender Conditional Use Permit No.
2733 -08 should the proposal for the modified Conditional Use Permit (CUP) be approved; and
WHEREAS, Conditional Use Permit No. 2817 -11, Design Review Committee No. 4527-
11 & Minor Site Plan Review No. 0652 -11, are categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15303
Class 3 — New Construction) because the project is a single structure that is less than 10,000
square feet in size and all necessary public services and facilities are currently in place; and
WHEREAS, the City Council of the City of Orange conducted a duly advertised
public hearing on May 8, 2012 for the purpose of considering Conditional Use Permit No.
2817 -11, Design Review Committee No. 4527 -11 & Minor Site Plan Review No. 0652 -11, upon
property located at 615 South Tustin Street.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Orange hereby approves approve Conditional Use Permit No. 2817 -11, Design Review
Committee No. 4527 -11 & Minor Site Plan Review No. 0652 -11 to demolish an existing
automotive fueling and service repair station to construction a new 2,800 square foot
convenience store with fuel dispensing. The site has an existing Alcoholic Beverage Control
Type 20 (Off -Sale Beer and Wine) license which requires modification, based on the
following findings:
General Plan
1. The project must be consistent with the goals and policies stated within the City's
General Plan.
The property is located on property that is zoned C -1 for Limited Business, and has a
General Plan Designation of General Commercial (GC). The granting of this
Conditional Use Permit for the off -site sale of beer and wine in a mini -mart is consistent
with the goals and policies of the Land Use Element of the General Plan, by providing
for a wide range of retail and service commercial uses in the area.
The Police Department's review and recommendation of conditions supporting the ABC
license were formulated in accordance with the General Plan Safety Element Goals that
require the City to maintain an adequately manned and equipped police force, maintain
crime prevention programs designed to protect residents and property from crime, and
involves the Police Department in the development review process.
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Conditional Use Permit
1. A Conditional Use Permit shall be granted upon sound principles of land use and in
response to services required by the community.
The granting of this Conditional Use Permit would be based upon sound principles of
land use and in response to services required by the community in that consideration has
been given as to whether the proposed use will detrimentally affect adjacent land uses.
The project is located along Tustin Street, which serves City residents as well as persons
traveling to the area.
The applicant is applying for an ABC license in a Reporting District (RD 43) that is
considered a high crime area. The current crime figures show 121 crimes in this reporting
district. The average reported crimes per district is 77, therefore, the crime statistics
indicate this district had 44 more crimes than the average district, 62% above the average
reported crimes per district.
The majority of the crimes relate to theft from a vehicle or a burglary from a vehicle.
There were 21 alcohol related crimes for all of 2010, for this reporting district. The
expansion of the business or increased hours of operation will not likely contribute to
these crime numbers, be a burden to police services, or impact the quality of life in the
surrounding community. Granting this request would not increase these numbers as it is
only a modification of an existing license. The Police Department does not oppose the
expansion of the convenience store or the requested change in hours of operation.
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.
As conditioned, Staff does not anticipate that the issuance of this CUP will adversely
affect the surrounding commercial and residential uses. The success of the convenience
store which supports the gas station should not and shall not be primarily dependent upon
beer and wine sales. Beer and wine are offered as additional products for the patrons of
the subject convenience store /gas station. To maintain the integrity of the convenience
store operation, several conditions have been attached to the CUP so that the
establishment will not operate in a manner that will negatively affect the surrounding
businesses. Furthermore, code provision prohibiting alcohol display within five feet of
the cash register and public entry /exit door should provide some self regulation of
alcohol sales on -site since only limited quantities of beer and wine would be provided at
that point.
3. A Conditional Use Permit must be considered in relationship to its effect on the
community or neighborhood plan for the area in which it is located.
There is no community or neighborhood plan in the area. The subject site is within an
area comprised of various retail and service uses and fits into the context of this business
area.
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The selling of alcoholic beverages from the project site is not anticipated to have an
adverse impact on neighboring land uses. As a result of the proposal, the property will be
compliant with all other Zoning Code standards. No other licenses are within 600 feet of
the site. There are sensitive receptors within 600 feet to the subject parcel; however, they
do not have direct access to the project site. The subject site is not located in the vicinity
of any public playgrounds, hospitals, churches, or similar uses. Recommended conditions
include sales monitoring, alcohol container restrictions, display restrictions, advertising
restrictions, on -site consumption restrictions, and attractive nuisance reduction measures
for the site, which should prevent alcohol sales from having an adverse impact.
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 Orange Police Department's Vice Unit reviewed the proposal and had no objections
to the CUP modification, provided that the recommended conditions were imposed on
the applicant. Although the area is considered a high -crime area, this does not
automatically mean the police department will oppose the application. Strong
consideration was given to the manner in which the applicant has operated the current
business at the location since 2008.
Several conditions have been attached to the CUP so that the establishment will continue
to operate as a convenience store with fuel dispensing and preserve the general welfare
of the community. Conditions have been imposed that control the types and quantities of
alcohol that may be sold (Conditions 13 -16). Conditions have also been placed on the
CUP that restrict the quarterly gross sales of beer and wine (Condition 10), the locations
where beer and wine may be displayed (Conditions 17 and 18), the "turnaround time" to
remove any graffiti (Condition 31), and the lighting and visibility in the parking lot
Conditions 28 and 29). Further, OMC Section 17.30.030F requires that the sale of
alcohol in conjunction with fuel dispensing be subject to certain conditions, those
conditions are listed as Conditions 17 -22.
The Police Department and Staff believes that the inclusion of these conditions will assist
in protecting the surrounding residences and businesses. The Police Department and Staff
does not anticipate that the granting of this CUP will create a nuisance to the community
or deplete police resources with a high number of calls for service.
Design Review Committee
1. 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
February 1, 2012, they reviewed the project and recommended that the Planning
Commission recommend approval of the project to the City Council subject to conditions
of approval.
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The proposed new 2,800 square foot 7- Eleven convenience store will consist of different
finish materials within an earth tone palette. The front fagade will consist of varying wall
planes which assist in the breaking up of the building mass while adding visual interest.
The proposal will comply with the required parking spaces and with the landscape
requirements including the required number of trees.
Minor Site Plan
1. The project design is compatible with surrounding development and neighborhoods.
The project design is compatible with surrounding development and neighborhoods in
that surrounding development is comprised of a mix of commercial, office and residential
development of varying building heights and architecture, without any particular
predominant style. The proposal is consistent with the development in the area.
2. The project conforms to City development standards and any applicable special design
guidelines or specific plan requirements.
The project complies with the City's development standards. The proposal will comply
with the required parking spaces and with the landscape requirements including the
required number of trees. The property will be compliant with all other Zoning Code
standards.
3. The project provides for safe and adequate vehicular and pedestrian circulation, both
on- and off -site.
The project provides for safe and adequate vehicular and pedestrian circulation, both on-
and off -site in that the parking lot area is being improved to current O.M.C. standards for
striping and lighting. The proposed project meets the parking development standards.
Additionally, the proposed location of the drive -up window faces Chapman Avenue
giving it visibility from the street, thereby increasing safety to the patrons.
4. City services are available and adequate to serve the project.
The project site is located in an urban setting, all necessary utility and municipal services
are adequate and available for the proposed construction and use on the site. No
additional services are needed.
S. The project has been designed to fully mitigate or substantially minimize adverse
environmental effects.
The proposed project is categorically exempt from the provisions of CEQA. No
mitigation was needed for the proposal. The project is a single structure that is less than
10,000 square feet in size and all necessary public services and facilities are currently in
place.
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SECTION 2 — ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the provisions of CEQA per State CEQA
Guidelines 15303 (Class 3 — New Construction) because the project is a single structure that
is less than 10,000 square feet in size and all necessary public services and facilities are
currently in place. As such, there is no public review required for CEQA.
SECTION 3— VOLUNTARY SURRENDERING OF CUP FOR AN ABC LICENSE
Should the request for the modification to existing Conditional Use Permit No. 2733 -08 be
approved to expand the use in the proposed new 2,800 square foot convenience store,
existing Conditional Use Permit No. 2733 -08 will no longer serve of any use to the
applicant. Therefore, the applicant has agreed to surrender Conditional Use Permit No. 2733-
08. This will assist with City Staff s efforts to clean up outdated entitlements.
SECTION 4— CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed with approval:
1. The project shall conform in substance and be maintained in general conformance with
plans and exhibits date labeled March 5, 2012, including any modifications required by
conditions of approval, and as recommended by the Planning Commission. Any future
expansion in area or in the nature and operation of the use approved by Conditional
Use Permit No. 2817 -11 shall require an application for a new or amended Conditional
Use Permit.
2. Any future expansion in area or in the nature and operation of the use approved by
Conditional Use Permit No. 2817 -11 shall require an application for a new or amended
Conditional Use Permit.
3. Conditional Use Permit No. 2817 -11, Design Review Committee No. 4527 -11 & Minor Site
Plan Review No. 0652 -11 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 Orange
Municipal Code Section 17.08.060.
4. 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 Director or designee. Should the modifications be considered substantial,
the modifications shall be reviewed and approved by the appropriate reviewing body.
5. The business shall comply with all California Alcoholic Beverage Control Department
requirements.
6. This Conditional Use Permit shall be reviewed one year from the date of approval and
each year thereafter as necessary. The review shall be conducted jointly by the
Community Development Director and Police Chief or designee. The purpose of this
review shall be to identify uniquely adverse issues such as loitering, vandalism,
criminal activity, noise, or nuisance resulting from approval of the Conditional Use
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Permit. If such issues are identified, the Conditional Use Permit shall be presented to
the Planning Commission for their consideration of conditions, modifications or
revocation.
7. The activity level of the business shall be monitored by the Crime Prevention Bureau to
establish the level of police services used for the business. Should the level of police
services demonstrate that the applicant has not controlled excessive, or unnecessary
activity resulting in high use of police services, or that the applicant has failed to
comply with enforcement or application of measures related to curfew and truancy
which are listed below, then this conditional use permit shall be reviewed for
consideration of further conditions, modifications or revocation.
8. The premises are only permitted with a Type 20 California Department of Alcoholic
Beverage Control Department permit for off -sale beer and wine.
9. The subject alcoholic beverage license shall not be exchanged for a public premises
type license nor operated as a public premise.
10. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
merchant items that include food within the convenience store /mini mart during the
same time period. Fuel purchases are excluded from the gross sales of merchant
related items. The licensee shall at all times maintain records which reflect separately
the gross sales of food and the gross sales of alcoholic beverages of the licensed
business. Said records shall be kept no less frequently than on a quarterly basis and
shall be made available upon request.
11. There shall be no special promotional events held on the property, unless a written
request for such is received and approved by the Police Department's Vice Unit and the
City of Orange Community Development Director at least 30 days in advance of the
event.
12. The hours of operations will be seven days a week 24 hours daily.
13. The sale of beer or malt beverages in quantities of quarts, 22 ounces, 32 ounces, 40
ounces, or similar size containers is prohibited. Beer, malt beverages, and wine coolers
in containers of 16 ounces or less cannot be sold by single containers, but must be sold
in manufacturer pre - packaged multi -unit quantities.
14. The sale of beer and wine for off -site consumption shall be incidental to the operation
of the 2,800 square feet convenience store no more than 15% of the gross floor area
shall be dedicated to the sale of beer and wine.
15. No wine shall be sold with an alcoholic content greater than 15% by volume.
16. No wine coolers shall be sold in less than a four -pack quantity.
17. No alcoholic beverages shall be sold from any temporary locations on the premises
such as ice tubs, barrels, or any other containers.
18. No beer or wine shall be displayed within five feet of the cash register or any public
entrance.
19. No sale of alcoholic beverage shall be made from a drive -up window.
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20. No beer or wine advertising shall be located on motor fuel islands and no advertising
for beer or wine shall be visible from outside the building.
21. Employees on duty between the hours of 10:00 pm and 6:00 am shall be at least
twenty -one (2 1) years of age to sell beer and wine.
22. All containers of alcoholic beverages that are displayed for sale shall be secured
against public access between the hours of 2:00 am to 6:00 am. Secured refrigerator
compartments must have interior compartment separators to prevent access from
neighboring nonlocking doors or compartments.
23. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
24. There shall be no pool tables or coin - operated games maintained upon the premises at
any time.
25. There shall be no live entertainment, amplified music, karaoke, or dancing permitted on
the premises at any time.
26. Outdoor amplification systems, loudspeakers and paging devices shall not be used
outside the licensed premises. Interior amplification devices for the purpose of
background music or the paging of employees or customers in the interior shall not be
prohibited on the licensed premises.
27. There shall be no exterior advertising of any kind or type promoting or indicating the
availability of alcoholic beverages. Advertising directed to the exterior from within the
mini -mart and alcoholic beverage advertising from motor fuel islands shall constitute a
violation of this condition.
28. The parking lot of the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or
about the parking lot.
29. Lighting in the parking area of the premises shall be directed, positioned and shielded
in such a manner so as to not unreasonably illuminate the window area of nearby
residences.
30. The petitioner(s) shall be responsible for maintaining free of litter, the area adjacent to
the premises over which he has control.
31. Graffiti shall be removed from the exterior walls and windows of the premises within
72 hours of discovery.
32. The owner shall install and maintain a closed circuit television system capable of
readily identifying facial features, and stature of all patrons entering the establishment
during hours of operation. The camera system shall keep a minimum 30 day library of
daily activities, which shall be available for downloading and inspection by the Orange
Police Department.
33. In conjunction with the operation of the business, should parking issues arise on the
site or the surrounding neighborhood, the applicant shall work with the Community
Development Department to resolve any issues. If such issues are not resolved to the
City's satisfaction, the Conditional Use Permit shall be presented to the Planning
Commission for their consideration of further conditions, modifications or revocation.
34. Prior to building permit issuance, all required parking spaces shall be shown on
construction documents as doubled striped to City standards at the time of approval.
35. Prior to Certificate of Occupancy, all parking lot and landscaping improvements shall
be completed according to the approved plans and to the satisfaction of the Community
Development Director.
36. In conjunction with the operation of the business, all loading and unloading (i.e.
deliveries) activities shall only occur in the designated loading zone on the subject site.
These activities shall only occur during the hours of 7:00 a.m. to 10:00 p.m.
37. In conjunction with the operation of the business, all loading areas and the trash
enclosure shall be maintained and kept clean and free of debris.
38. Prior to building permit issuance, the applicant shall demonstrate to the satisfaction of
the Community Development Director that all mechanical and air conditioning
equipment shall be shielded and screened from view from adjacent streets and
properties. The screening shall be integrated architecturally with the building.
39. Prior to building permit issuance, construction plans shall show that all structures shall
comply with the requirements of Municipal Code (Chapter 15.52 Building Security
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.
40. 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.
41. The address number of the commercial building shall be illuminated during the hours
of darkness so that it shall be easily visible from the street. The numerals in these
numbers shall be no less than six inches in height and be of a color contrasting to the
background. In addition, any business which affords vehicular access to the rear
through any driveway, alleyway or parking lot shall also display the same numbers on
the rear of the building.
42. A minimum of one foot candle shall be maintained on all surfaces of the parking lot,
from dusk until the termination of business every operating day. The applicant shall
ensure that lighting on the site shall be directed, controlled, and screened in such a
manner so as to refrain from shining directly on surrounding properties.
43. 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
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exterior boundaries; light spillage or pollution to surrounding residential areas shall not
exceed a maintained minimum of 0.5 foot - candle.
44. Prior to building permit issuance, the applicant shall prepare a final landscaping and
irrigation plan consistent with the grading plans, site plans, and the conceptual
landscaping plan as proposed for the project for the review and approval of the Director
of Community Development and Community Services Director.
45. 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.
46. The final landscape plan shall include a note that a fully automated irrigation system
will be provided.
47. Proposed landscape areas within a parking lot shall be distributed throughout the
parking area, and shall be maintained in a neat and healthy condition. Should plant
material die, the property owner shall replace at the earliest time with similar plant
material.
48. 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.
49. At the time of building permit issuance, a copy of the fire master plan shall be provided
to the Fire Department in PDF format minimum print size of 8 1 /2 x 11 and maximum
11x17.
50. An approved Grading Plan from Public Works Department shall be required. The
Grading Plan shall include phased Erosion and Sediment Control Plans and any Site
Demolition Plan, if required.
51. The contractor shall obtain a Grading Permit from Public Works Department prior to
start of any site demolition, clearing and grubbing, and grading.
52. All works within public right -of -way and public utility easements will require
Encroachment Permits. These works include sidewalk and driveway constructions and
utility connections.
53. The property owner shall maintain in good condition, all on -site driveways where
heavy -duty trucks would travel; such that there are no roadway imperfections,
including potholes.
54. All driveway approaches shall conform to ADA standard for wheelchair access. The
developer shall dedicate a four (4) foot sidewalk easement to accommodate this
request.
55. The Public Works Department is requiring a dedication of 18' x 18' for the corner
cutoff area at the intersection of Tustin Avenue and Fairway Drive. Relocate any on-
site improvements to behind the new right -of -way line and reconstruct sidewalk
accordingly
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56. Prior to the issuance of a building permit, the applicant shall submit improvement plans
to the Water Division for new fire hydrants, domestic water services, fire services,
landscape services, and any other proposed improvements or relocations affecting the
public water system appurtenances for review and approval. The applicant is
responsible for the costs associated with the proposed improvements.
57. 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; 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.
58. Prior to the issuance of any grading permits the applicant shall submit a Project WQMP
for review and approval to 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.
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.
59. Prior to the issuance of certificates for use of occupancy, the applicant shall
demonstrate the following to the Public Works Department:
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o 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.
o That the applicant is prepared to implement all non - structural BMPs described
in the Project WQMP.
o That an adequate number of copies of the project's approved final Project
WQMP are available for the future occupiers.
60. Prior to the issuance of certificates for use of occupancy or final signoff by the Public
Works Department, the applicant shall demonstrate to the satisfaction of Public Works,
that the preparer of the WQMP has reviewed the BMP maintenance requirements in
Section V of the WQMP with the responsible person and that a copy of the WQMP has
been provided to that person. A certification letter from the WQMP preparer may be
used to satisfy this condition.
61. Prior to City approval of the landscape plans, the applicant shall review the approved
Water Quality Management Plan and ensure the proposed landscape plans are
consistent with the project grading plans and show applicable storm water quality
features.
62. 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 showing the downspouts and drainage outlets shall
be submitted to the Public Works Departments for review and approval.
63. The applicant, business owner, business manager, and all future assigns 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.
64. 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.
65. Prior to the 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, Park Acquisition, Sanitation District, and School District, as
required.
66. Building permits shall be obtained for all construction work, as required by the City of
Orange, Community Development Department's Building Division. Failure to obtain
the required building permits will be cause for revocation of this design review permit.
67. Prior to building permit final, the applicant shall stucco both sides of the existing wall
located at the rear of the property. The stucco shall match in color the proposed new
building. Should the existing wall be damaged or removed the wall shall be repaired or
replaced to the satisfaction of the Community Development Director or her designee.
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68. These conditions shall be reprinted on the first page of the construction documents
when submitting to the Building Department for the plan check process.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Orange
ADOPTED this 8th day of May, 2012
ATTEST:
Mary E. , City Cle 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 81h day of May, 2012, by the
following vote:
AYES:COUNCILMEMBERS:Whitaker, Smith, Cavecche, Bilodeau, Dumitru
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary E. 4CityClerk, City ange
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