HomeMy WebLinkAboutORD-15-04 Approve Development Agreement with Del Rio LLCORDINANCE NO. 15-
04 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE APPROVING
A DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF ORANGE AND DEL RIO, LLC,
FOR APPROVAL OF THE PHASED DEVELOPMENT
OF THE PROPERTY GENERALLY LOCATED
WEST OF GLASSELL STREET, NORTH OF
LINCOLN AVENUE AND SOUTH AND EAST OF THE
SANTA ANA RIVER
CHANNEL.APPLICANT: DEL RIO,
LLC WHEREAS, Section 65864 et seq, of the California Government Code
authorizes cities to enter into development agreements with any person having a legal or equitable
interest in real property for the development of such property;
and WHEREAS, the City Council of the City of Orange has adopted Chapter17.44 of
the Orange Municipal Code which establishes procedures for the processing and approval
of development agreements;
and WHEREAS, Del Rio, LLC, which has a legal and equitable interest in the real
property more particularly described in the draft development agreement attached hereto as Exhibit
A,has made application to the City to enter into such development agreement covering such
real property (the Project);
and WHEREAS, the Project constitutes a project within the meaning of the
California Environmental Quality Act ("CEQA") and State CEQA Guidelines. In compliance with
CEQA and the State CEQA Guidelines, the City has prepared an Environmental Impact
Report,designated as State Clearinghouse No, 9906112, to evaluate the potential
adverse environmental effects of the Project (hereinafter "EIR");
and WHEREAS, in accordance with State and local law, on April 5, 2004, the
Planning Commission conducted a duly noticed public hearing on the Project and the EIR,
considered information presented by City staff and public testimony regarding the Project and the
EIR,and, by a vote of not less than a majority of its total membership, recommended City
Council certification of the EIR and approval ofthe Project;
and WHEREAS, in accordance with State and local law, on May 11, 2004, the
City Council conducted a duly noticed public hearing on the Project, reviewed and considered
the Project, EIR, comments submitted on the EIR during the comment period, the responses
to such comments, information presented by City staff and public testimony regarding the EIR
and the
Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS FOLLOWS:
SECTION I:
The City Council certified the EIR by the approval of Resolution No. 9864. The City
Council adopted the Findings of Facts and the Mitigation Monitoring and Reporting Program
relating to that EIR by the approval of Resolution No. 9861. The City Council finds and
declares that the EIR represents the independent judgment of the City Council, as the lead
agency, Prior to approving the Project, the City Council has considered the information in the
EIR and the Findings and Facts, the comments received on the EIR, and the responses to
comments,
SECTION II:
The City Council finds that a public hearing has been held before this City Council
pursuant to the procedures described in Chapter 17.44 of the Orange Municipal Code. At the
hearing, the City Council has considered testimony presented by the public and the Planning
Commission's recommendation to approve the Development Agreement between the City of
Orange and Del Rio, LLC ("Development Agreement"),
SECTION III:
The City Council hereby finds that the Development Agreement between the City of
Orange and Del Rio, LLC:
A. Is consistent with the objectives, policies, general land uses, and programs
specified in the General Plan, as amended by GPA 2004-02;
and B. Is compatible with the uses authorized in, and the regulations prescribed for,
the zoning district in which the real property is and will be located, and is consistent with the
Del Rio Development Plan and City's Zoning Code, as amended by Zone Change 1222-
03; and C. Is in conformity with and will promote public necessity,
public convenience,general welfare, and good land use
practices; and D, Will be beneficial to the health, safety, and general
welfare; and E, Will not adversely affect the orderly development of property or
the preservation of property
values; and F. Will promote and encourage the development of the proposed
project by providing a greater degree of
requisite
SECTION IV:
The City Council approves and incorporates by reference the Development Agreement,
attached hereto as Exhibit A. Within ten (10) days after this Ordinance takes effect, the City
Council shall execute the Development Agreement
SECTION V:
Within ten (10) days after the execution of the Development Agreement by all parties,
the City Clerk is directed to record the Development Agreement pursuant to the terms of this
Agreement.
SECTION VI:
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the
City Council meeting at which this Ordinance is adopted. A surnmary of this Ordinance shall
also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of
general circulation, published, and circulated in the City of Orange, The City Clerk shall post
in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along
with the names of those City Council members voting for and against the Ordinance in
accordance with Government Code Section 36933, This Ordinance shall take effect thirty (30)
days from and after the date of its final passage,
SECTION VII:
City staff is authorized and directed to file a Notice of Determination with respect to the
Project.
ADOPTED this 25th day of May, 2004.
ATTEST:
ity Clerk, City 0
3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARY E, MURPHY, City Clerk of the City of Orange, California, do hereby certif'y
that the foregoing Ordinance was introduced at the regular meeting of the City Council held on
the 11 th
day of May, 2004, and thereafter at the regular meeting of said City Council duly held
on the 25th day of May, 2004, was duly passed and adopted by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
M~~~_
4
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EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code H 6103 and 27383
Recorded in Official RecorTomDaly. Clerk-
Recorder ds, Orange
County I1/8111/mllmlllllllmlmmlBmI/lll/IBJIIIIIIIIW' NO
FEE 2004000077141 08:51am 07/27/04 11792 A12
280 0.00 0.00 0.00 000 000 0 00 0.00 0.
00 Recording requested by and when recorded return
to:City
Clerk City of
Orange 300 East Chapman
Avenue Orange, CA
92866 SPACE ABOVE FOR RECORDER'S
USE)BY AND
BETWEEN1'
17 <0 Icu
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l/(,
DEVELOPMENT AGREEMENT
CITY OF ORANGE,
a California Municipal Corporation,
and
DEL RIO, LLC,
a California Limited Liability Company
tJ,€, /'77,1'
L
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered
into as of the 25th day of May, 2004 ("Agreement Date"), by and between DEL RIO,
LLC (hereinafter "OWNER"), and the CITY OF ORANGE, a municipal corporation,
organized and existing under the laws of the State of California (hereinafter "CITY"),
pursuant to the authority of Sections 65864 through 65869.5 of the California
Government Code (the "Development Agreement Legislation") and Article XI, Section 2
of the California Constitution.
RECITALS
This Agreement is predicated upon the following facts:
A. These Recitals refer to and utilize certain capitalized terms which are
defined in this Agreement. The parties intend to refer to those definitions in conjunction
with the use thereof in these Recitals,
B. The Development Agreement Legislation authorizes CITY to enter into
binding development agreements with persons having legal or equitable interests in real
property for the development of such property in order to, among other matters, ensure
high quality development in accordance with comprehensive plans; provide certainty in
the approval of development projects so as to avoid the waste of resources and the
escalation in the cost of housing and other development to the consumer; provide
assurance to the applicants for development projects that they may proceed with their
projects in accordance with existing policies, rules and regulations and subject to
conditions of approval, in order to strengthen the public planning process and encourage
private participation in comprehensive planning and reduce the private and public
economic costs of development; and provide for reimbursements to OWNER for the
construction and financing of certain public infrastructure improvements.
C. OWNER is the owner of certain real property within the County of
Orange, State of California, as more particularly described in Exhibit "A" attached hereto
and made a part hereof (hereafter, the "Property"). OWNER desires to develop the
Property in accordance with the provisions of this Agreement, and as more particularly
set forth in the Del Rio Development Plan (the "Development Plan"). TIle Development
of the Property as contemplated by the Development Plan and this Agreement is referred
to herein as the "Project".
D. OWNER has applied for, and CITY has granted, the Existing Project
Approvals and this Agreement in order to create a Project and a physical environment
that will conform to and complement the goals of CITY, create a community sensitive to
human needs and values, facilitate efficient traffic circulation, provide for a range of
housing types, and provide for the development of an active sports park consistent with
the elements and policies of CITY'S General Plan. As part of the process of granting the
Existing Project Approvals, the City Council of CITY (hereinafter the "City Council")
has required the preparation of an Environmental Impact Report (hereinafter the "EIR"),
which report has been certified as adequate and complete by the City Council, and has
otherwise carned out all requirements of the California Environmental Quality Act
CEQA") of 1970, as amended.
E. On August 15, 2002, CITY entered into a Pre-Development
Agreement with Property owner regarding the Project ("Pre-Development Agreement").
Pursuant to the terms of the Pre-Development Agreement, CITY has agreed to process
for action the EIR, Development Plan, this Agreement and any other entitlements necessary
to carry out and implement the Project consistent with the land use plan, public
benefits and exactions set forth in the Pre-Development Agreement and the land use regulations
in effect as of August 15, 2002. CITY and OWNER acknowledge and agree
that the Existing Project Approvals are consistent with the Pre-
Development Agreement and intend this Agreement to serve as the Development Agreement for the
Project as defined and set forth in Section 2.03 (
h)
of
the Pre-Development Agreement.F.Project:The following actions were taken with
respect to this Agreement and the 1. On April 5, 2004, following a
duly noticed public hearing, the City Planning Commission recommended that
the City Council approve this Agreement;2. On May II, 2004, after a
duly noticed public hearing and pursuant to CEQA, the City Council adopted the
environmental impact report
for
this Agreement and the Project;following:3. On May II, 2004, the City
Council of the
CITY approved the Zone
Change 1222-03 General Plan
Amendment 2004-0002 Environmental Impact Report No. 1720-03 4. On May II,
2004, after a duly noticed public hearing, the City Council determined that the
provisions of this Agreement
are consistent with the General Plan of the CITY;5. On May 25,
2004, after a duly noticed public hearing, the City Council adopted Ordinance
No. 15-04 approving and authorizing the execution of this Agreement, a copy of which is on file in
the City Clerk's Office at the CITY, and adopted the
findings and conditions pertaining thereto,
including those relating to the environmental documentation for the Project.G, The CITY
has engaged in extensive studies and review of the potential impacts of the Project as well
as
the various potential benefits to the CITY by the 2
provIsIOn, among other things, for open space, recreation, community facilities, and
roadway improvements.
H. In consideration of the substantial public improvements and benefits to be
provided by OWNER and the Project, and in order to strengthen the public financing and
planning process and reduce the economic costs of development, by this Agreement,
CITY intends to give OWNER assurance that OWNER can proceed with the
development of the Project for the Term of this Agreement pursuant to the terms and
conditions of this Agreement and in accordance with CITY'S General Plan, ordinances,
policies, rules and regulations existing as of the Effective Date. In reliance on CITY'S
covenants in this Agreement concerning the Development of the Propelty, OWNER has
and will in the future incur substantial costs in site preparation and the construction and
installation of major infrastructure and facilities in order to make the Project feasible.
1. Pursuant to Section 65867.5 of the Development Agreement Legislation,
the City Council has found and determined that: (i) this Agreement and the Existing
Project Approvals implement the goals and policies of CITY'S General Plan, provide
balanced and diversified land uses and impose appropriate standards and requirements
with respect to land development and usage in order to maintain the overall quality of life
and the environment within CITY, (ii) this Agreement is in the best interests of and not
detrimental to the public health, safety and general welfare of CITY and its residents; (iii)
adopting this Agreement is consistent with CITY'S General Plan and constitutes a present
exercise of the CITY'S police power; and (iv) this Agreement is being entered into
pursuant to and in compliance with the requirements of Section 65867 of the
Development Agreement Legislation.
J. CITY and OWNER agree that it may be beneficial to enter into additional
agreements or to modity this Agreement with respect to the implementation of the
separate components of the Project when more information concerning the details of each
component is available, and that this Agreement should expressly allow for such
contemplated additional agreements or modifications to this Agreement.
K. The Property is located in the unincorporated area of the County of
Orange. It is intended that CITY shall annex the Property and, pending annexation, will
have issued or shall concurrently with this Agreement issue land use approvals relating to
the development of the Property which are conditioned upon completion of the
annexation.
NOW, THEREFORE, pursuant to the authority contained in the Development
Agreement Legislation, as it applies to CITY, pursuant to Article XI, Section 2 of the
California Constitution, and in consideration of the foregoing recitals of fact, all of which
are expressly incorporated into this Agreement, the mutual covenants set forth in this
Agreement and for other consideration, the receipt and adequacy of which are hereby
acknowledged, the parties agree as follows:
3
N:\Agreemenls\2004\Dd Rio Development Agreement~Final 5-25~04.
1. Definitions
The following words and phrases are used as defined terms throughoutthisDevelopmentAgreement, and each defined term shall have the meaning set forth
below.
1.1. Annexation. "Annexation" means the intended annexation of the
Property from the County of Orange into the CITY.
1.2. Authorizinl!: Ordinance. The "Authorizing Ordinance" means Ordinance
No. 15-04 approving this
Agreement.1.3. CITY. The "CITY" means the City of Orange, California, a
municipal corporation, duly organized and existing under its charter and the Constitution and
laws of the State of California, and all of its officials, employees, agencies and
departments.1.4. City Council. "City Council" means the duly elected and constituted
city council of the
CITY.1.5. Development. "Development" means the improvement of the
Property for purposes of completing the Project, including, without limitation: grading,
the construction of infrastructure and public facilities related to the Project (whether
located within or outside the Property), the construction of structures and buildings and
the installation of
landscaping.1.6. DevelopmentAl!:reementLel!:islation. The "Development
Agreement Legislation" means Sections 65864 through 65869.5 of the California Government
Code as it exists on the Effective
Date.1.7. Development Fees. "Development Fees" means development impact
and processing fees imposed on the Project as conditions of the Existing Project
Approvals and limited as more particularly set forth in Section 4.
3.1.8. Development Plan. The "Development Plan" consists of the
Existing Project Approvals, the Existing Regulations, and those Future Project Approvals (such
as subdivision maps and precise development plans) contemplated, necessary, and
requested by OWNER to implement the Existing Project
Approvals.1.9. Development Transferee. "Development Transferee" means a
transferee from OWNER of all or a portion of OWNER'S interest in the Property pursuant
to Section 2.5.1 and the successors and assigns of any such
transferee.1.10. Effective Date. "Effective Date" means the date that the
Authorizing Ordinance becomes
effective.
4 N:\Agreements\2004\Del Rio Development Agreement-Final 5-
1.11. Existinl!: Proieet Approvals. The "Existing Project Approvals" are those
Project Approvals, including Certification of Environmental Impact Report No. 1720-
03,General Plan Amendment No. GPA 2004-0002, Zone Change No. 1222-
03, and the Development Plan document, which have been approved and adopted by
the CITY on May 11,2004, consistent with
the Existing Regulations.1.12. Existinl!: Rel!:ulations. "Existing Regulations"
means those ordinances,rules, regulations, policies, requirements, guidelines, constraints or other
actions of the CITY, other than site-specific Project Approvals, which purport to
affect, govern or apply to the Property or the implementation of the Development Plans in
effect
on August 15,2002.1.13. Financinl!: District. "Financing District" for
purposes of this Agreement means a community facilities district formed pursuant
to the Mello-Roos Community Facilities District Act of 1982 (California Government Code
Sections 53311 et seq. as amended), an assessment district formed pursuant to
the Improvement Act of 1911 California Streets & Highways Code Sections 5000 et
seq., as amended), an assessment district formed pursuant to the Municipal Improvement
Act of 1913 (California Streets &Highways Code Sections 10000 et seq., as
amendcd), an assessment district formed pursuant to the Landscaping and Lighting Act of
1972 (California Streets and Highways Code Sections 22500 et seq., as amended), or any
other similar special district or assessment district authorized pursuant to State law for purposes
of financing the cost of public improvements, Facilities, services and/or public
facilities fees within a distinct
geographic area of the CITY.1.14. Future Proiect Approvals. "
Future Project Approvals" means those Project Approvals contemplated, necessary, and requested
by CITY or OWNER to implement the Existing Project Approvals and approved by
the CITY alter the approval
of the Existing Project Approvals.1.15. Off-
Site Improvements. "Off-Site Improvements" means physical infrastructure improvements or Facilities which are not
and
will not b,: located on the Property.1.
16. On-Site Improvements. "On-Site Improvements" means physical infrastructure improvements or facilities
that are or will be located on the Property.1.17. OWNER. "
OWNER" is initially Del Rio Properties, LLC, a California limited liability company and
shall include any Development Transferee but only to the extent of and in proportion to
the
share of the Project acquired by such Development Transferee.1.18.
Park Commission. Park Commission means the duly appointed and
constituted
Park Planning andDevelopment Commission of the CITY.5 N:\
1.19. Planninl!: Commission. "Planning Cornmission" means the duly
appointed and constituted Planning Commission of CITY.
1.20. Pre-DevelopmentAl!:reement. "Pre-Development
Agreement" means that certain agreement titled "Pre-Development Agreement by and between
the City of Orange and Del Rio, LLC relating to 73 acres known as the Del Rio
Project" executed by CITY and OWNER on or about
August 15,2002.1.21. Proiect Approvals. "Project Approvals"
means Certification of Environmental Impact Report No. EIR 1720-03, General
Plan Amendment No. GPA 2004-0002, Zone Change No. 1222-03, and the
Development Plan and all Future Project Approvals such as site-specific plans,
subdivision maps, permits and other entitlements to use of every kind and nature, including, but
not limited to: specific plans, site plans,precise development plans, tentative
and final subdivision maps, parcel maps, variances,zoning designations, conditional use
permits and grading, building and other similar plans and permits, the site-
specific provisions of the General Plan, Annexation, and environmental approvals consistent with this
Agreement. To the extent any of such site-specific plans, maps, permits and other entitlements
to use are adopted from time
to time,Project
Approvals" shall includesuch matters.2. General Provisions 2.1. Bindinl!: Covenants.
The provIsIOns of this Agreement to the extent permitted by law shall constitute covenants
which shall run with the Property for the benefit thereof, and the benefits and burdens of
this Agreement shall bind and inure to the benefit of the parties and all successors in interest
to the parties hereto. The City Clerk of CITY shall cause this Agreement to
be recorded with the County Recorder, County of Orange,
within ten (10) days alter the Effective Date.2.2. Interest of
OWNER. OWNER represents that
OWNER has a legal interest in the Property.2.3. Term. The
term (hereinalter called "Term") of this Agreement shall commence on the Effective Date and shall
extend for a period often (10) years therealter,terminating at the end of the day
preceding the tenth (10th) anniversary of the Effective Date, subject to
specific extensions, revisions and termination provisions of this Agreement. Prior to the expiration of the Term, as
may be extended by the terms of this Agreement, OWNER may further extend
the term of this Agreement tor an additional five (5) year period if
OWNER, or any Transferee have completed the public improvements set forth in Sections 4.1.1, 4.1.2, 4.
1.3, and 4.1.6. Notwithstanding the foregoing, the Term of this Agreement shall
not extend beyond a period
of filteen (15)years alter the Effective Date.2.4. Termination. This
Agreement shall be deemed terminated and of no further effect upon
the
occurrence of any of the following events:6 N:\
2.4.1. If termination occurs pursuant to any specific provision of this
Agreement; or
2.4.2. Completion of the total build-out of the Project pursuant to
the terms of this Agreement and the CITY'S issuance of all required occupancy permits
and acceptance of all dedications and improvements required to complete Development of
the
Project;2.4.3. The termination of this Agreement shall not affect any right
or duty arising independently from entitlements issued by CITY or other land use
approvals approved concurrently or subsequent to the approval of this
Agreement.2.5. Transfers andAssil!:
nments.2.5.1. Ril!:ht toAssil!:n. OWNER shall have the rightfi'Om time to
time and on such number of occasions as it chooses to sell, assign or otherwise transfer all
or any portion of its interests in the Property together with all its right, title and interest
in this Agreement, or the portion thereof which is subject to transfer (the "
Transferred Property") to any person or entity at any time during the Term of this
Agreement;provided, however, that any such transfer or assigrunent must be pursuant to a
sale,assigrunent or other transfer of the interest of OWNER in the Propelty, or a
portion thereof. In the event of any such sale, assigrunent, or other transfer, (i) OWNER
shall notifY CITY thirty (30) days prior to such event of the name of the
Development Transferee, together with the corresponding entitlements being transferred to
such Development Transferee and (ii) the agreement between OWNER and such
Development Transferee pertaining to such transfer shall provide that either OWNER or
the Development Transferee shall be liable for the performance of those obligations
of OWNER under this Agreement which relate to the Transferred Property, if any.
Each Development Transferee and OWNER shall notifY CITY in writing which entity shall
be liable for the performance of each respective obligation 30 days prior to the date of
any sale, assignment or transfer pursuant to this
subsection.2.5.2. Release Upon Transfer. It is understood and agreed by
the parties that the Property may be subdivided alter the Effective Date. One or more of
such subdivided parcels may be sold, mortgaged, hypothecated, assigned or transferred
to persons for development by them in accordance with the provisions of this
Agreement.2.5.2.1 Release of OWNER. Effective upon such
sale,mortgage, hypothecation, assignment or transfer, the obligations of OWNER
shall become several and not joint and OWNER and the balance of the Property other than
the Transferred Property, shall be released from its obligations under this
Agreement assumed by the Development Transferee with respect to Transferred Property,
provided that (i) OWNER is not then in default under this Agreement, (ii) OWNER has
provided to CITY the notice of such transfer specified in Section 2.5.1, (iii) the
Development Transferee executes and delivers to CITY a written agreement in which (A) the name
and address of the Development Transferee is set forth and (8) the Development
Transferee
7 N:\Agreements\2004\DeI Rio Development Agreement-Final
expressly and unconditionally assumes all the obligations of OWNER under this
Agreement with respect to the obligations of OWNER under this Agreement for the
performance required of OWNER and regarding the Transferred Property. All executory
exactions or conditions which are not assumed by a Development Transferee shall remain
with the balance of the Property not transferred.
2.5.2.2 Effect of Noncompliance. From and after the
assumption of obligations under this Agreement by a Development Transferee pursuant
to Section 2.5.2.1, noncompliance by any such Development Transferee with the terms
and conditions of this Agreement assumed by such Development Transferee shall entitle
CITY to pursue any and all of its rights under this Agreement so assumed against such
Development Transferee, but such noncompliance shall not be deemed a default or
grounds for termination hereof with respect to, or constitute cause for CITY to initiate
enforcement action against, other persons then owning or holding interest in the Property
or any portion thereof and not themselves in default hereunder. Similarly,
noncompliance by OWNER with respect to any terms and conditions of this Agreement
not assumed by such Development Transferee shall entitle CITY to pursue any and all of
its rights under this Agreement retained by OWNER against OWNER, but such
noncompliance by OWNER shall not be deemed a default or grounds for termination
hereof with respect to, or constitute cause for CITY to initiate enforcement action against,
such Development Transferee or other persons then owning or holding interest in the
Property or any portion thereof and not themselves in default hereunder.
2.5.2.3 Release bv Phase. Upon completion of any phase
or tract of development of the Project as determined by CITY and fulfillment of any
obligations under this Agreement related to such phase or tract, CITY shall release that
completed phase or tract from any further obligations under this Agreement. The
provisions of this Section 2.5.2 shall be self-executing and shall not require the
execution or recordation of any further document or instrument; provided, however, if requested
by OWNER, CITY agrees to execute, in recordable form a document confirming the
release contemplated by this Section 2.5.2 provided OWNER reimburses CITY for all
reasonable and direct costs and fees incurred by CITY with respect
thereto.2.5.2.4Ril!:hts of Successors andAssil!:ns. Except
as otherwise set forth in this Agreement any and all successors and assigns of OWNER
shall have all of the same rights, benefits and obligations of OWNER under this
Agreement.2.5.3. Termination ofAl!:reement With Respect to
IndividualDwellinl!: Units Upon Sale to Public. Notwithstanding any provision of this
Agreement to the contrary, this Agreement shall terminate as to any dwelling unit which has
been finally subdivided, sold and issued a certificate of occupancy. Upon such sale,
the dwelling unit shall be released from and shall no longer be subject to or burdened by
the provisions of this Agreement. The provisions of this Section 2.5.3 shall be
self-executing and shalt not require the execution or recordation of any further document
or instrument provided, however, if requested by OWNER, CITY agrees to execute,
in recordablc form, a document confirming the release contemplated by this Section 2.5.
3,
provided 8 N:\Agreements'2004\Dd Rio Development Agreement-
OWNER reimburses CITY for all reasonable and direct costs and fees incurred by CITY
with respect thereto.
2.6 Amendment of Development Al!:reement.
2.6.1 Initiation of Amendment. Either party may propose an
amendment to this Agreement and both parties agree that it may be beneficial to enter
into additional agreements or modification of this Agreement in connection with the
implementation of the separate components of the Project.
2.6.2 Procedure. Except as set forth in Section 2.6.5 below, the
procedure for proposing and adopting an amendment to this Agreement shall be the same
as the procedure required for entering into this Agreement in the first instance.
2.6.3 Consent. Except as expressly provided in this Agreement, any
amendment to this Agreement shall require the written consent of both parties. No
amendment to all or any provision of this Agreement shall be effective unless set forth in
writing and signed by duly authorized representatives of each party.
2.6.4 Consent of OWNER. Where an assignee of OWNER applies for
an amendment to this Agreement, the written consent of OWNER shall always be
required before CITY approval of the amendment. Further, an assignee shall not be
required or entitled to approve an amendment to this Agreement. The recordation of this
Agreement shall serve as notice to all assignees of the provisions of this Section.
2.6.5 Operatinl!: Memoranda. The parties acknowledge that
refinements and further development of the Project may demonstrate that changes are
appropriate with respect to the details and performance of the parties under this
Agreement. The parties desire to retain a certain degree of flexibility with respect to the
details of the Project Development and with respect to those items covered in general
terms under this Agreement. If and when the parties mutually find that changes,
adjustments, or clarifications are appropriate to further the intended purposes of this
Agreement, they may, unless otherwise required by law, effectuate such changes,
adjustments, or clarifications without amendment to this Agreement as specified in the
Project Approvals or through operating memoranda mutually approved by the parties,
which, after execution, shall be attached hereto as addenda and become a part hereof and
may be further changed and amended from time to time as necessary, with further
approval by City Manager, on behalf of the CITY and by any corporate officer or other
person designated for such purpose in a writing signed by a corporate officer on behalf of
OWNER. Unless otherwise required by law or by the Project Approvals, no such
changes, adjustments, or clarifications shall require prior notice or hearing.
9
N:\Agrecmcnts\2004'Dd Rio Development Agreement-Final 5-
3. Description of Development
3.1. Development and Control of Development.
3.1.1. Proiect. During the Term of this Agreement, OWNER shall have
the vested right to implement the Development pursuant to this Agreement and the
Project Approvals and CITY shall have the right to control the Development of the
Project in accordance with the terms and conditions of this Agreement. Except as
otherwise specified in this Agreement, the Project Approvals and the Existing
Regulations shall control the design and Development of the Project and all On-
Site Improvements and Off-Site Improvements and appurtenances in
connection therewith.The permitted uses of the property, the density and intensity of use, the
maximum height and size of proposed buildings and provisions for reservation or dedication of
land for public purposes shall be as set forth in the Existing Regulations and
Project Approvals,including without limitation the Development Plan document. So long as OWNER
is not in default under this Agreement and provided the Project is being
developed in accordance with the Project Approvals, OWNER has a vested right to
construct, at OWNER'S discretion, 716
residential units.3.1.2. TiOOnl!: of Development. To the extent OWNER
develops the Project, OWNER shall proceed in accordance with the phasing schedule set forth
in the Existing Project Approvals. OWNER'S adherence with the phasing schedule set
forth in the Development Plan shall be considered by CITY in determining OWNER'S
good faith compliance with the terms of this Agreement as required by Section 9 of
this Agreement.Notwithstanding the preceding sentences, the parties acknowledge that
the primary purpose of any phasing contained in the Development Plan is to tie the:
construction of certain public infrastructure improvements to particular development milestones
and that OWNER cannot at this time predict when or in what order the Project phases
will be developed. Such decisions depend upon numerous factors some of which are
not within the control of OWNER, such as market orientation and demand,
interest rates,competition and other similar factors. Subject to the phasing schedule set forth
in the Existing Project Approvals, Section 2.3 of this Agreement concerning the Term
of this Agreement, and the Project Approvals, and to the extent permitted by
the Project Approvals and this Agreement, OWNER shall have the discretion to develop
the Project in phases at such times as OWNER deems appropriate within the exercise
of its subjective business judgment. Specifically, CITY agrees that OWNER shall
be entitled to apply for and receive permits, maps, certificates of occupancy and
other entitlements to develop and use the Property at any time, provided that such application is
made in accordance with this Agreement, the Project Approvals and the
Existing Regulations.3.1.3. Permits and Approvals - Cooperation. CITY shall accept
and timely process, in the normal and legal manner for processing such matters,
all applications for Future Project Approvals called for or required under this
Agreement.
10 N:\Agr~ments\2004\DcI Rio Development Agreement-Final
3.1.4 Further Mitil!:ation. In connection with the issuance of any
Future Project Approvals which are subject to review under CEQA, unless required under
CEQA, this Agreement or the Existing Regulations, the CITY shall not impose any
environmental alternatives or mitigation measures in addition to those referenced in the
Existing Project Approvals.
3.1.5 Annexation and Other Permits. CITY has commenced and
agrees to process to completion the Annexation of the Property into the City of Orange
and agrees to cooperate with OWNER in securing any County, State and Federal permits
or authorizations which may be required in connection with development of the Project.
The annexation shall be completed within three (3) years after the approval of this
Agreement.
3.2. Rules, Rel!:ulations and Official Policies. Except as otherwise specified
in this Agreement and the Project Approvals, the rules, regulations and official policies
governing the permitted uses of the Property, the density and intensity of usc of the
Property, the provisions for reservation or dedication of land for public purposes and the
design, improvement and construction standards and specifications applicable to
Development of the Property shall be the Existing Regulations. In connection with any
subsequent approval or action which CITY is permitted or has the right to make under
this Agreement relating to the Project, CITY shall exercise its discretion or take action in
a manner which complies and is consistent with the Project Approvals, the Existing
Regulations and such other standards, terms and conditions contained in this Agreement.
The Existing Project Approvals, as well as an overview and non-exhaustive list
of Existing Regulations are listed in Exhibit "C". CITY has certified two copies of each
of the documents listed on Exhibit "C". CITY has retained one set of the
certified documents and has provided OWNER with the second
set.3.3. Reserved
Authority.3.3.1. Uniform Codes. This Agreement shall not prevent CITY
from applying new rules, regulations and policies relating to uniform codes (such as
the Uniform Building Code, National Electrical Code, Uniform Mechanical Code or
Uniform Fire Code, as amended) adopted by the State of California which new rules
and regulations are necessary to preserve the health and safety of the residents of CITY
or which the CITY is required by state law to
apply.3.3.2. State and Federal Laws andRCl!:ulations. In the event that
State or Federal laws or regulations prevent or preclude compliance with one or more of
the provisions of this Agreement, such provisions of this Agreement shall be modified
or suspended as may be necessary to comply with such state or federal laws or
regulations;provided, however, that this Agreement shall remain in full force and effect to the
extent it is not inconsistent with such laws or regulations and to the extent such laws
or regulations do not render such remaining provisions impractical to
enforce.
II N:\Agreements\2004\Del Rio DcvelopmetJt Agreement-Final S-
3.3.3. Rel!:ulation for Health and Safety. Notwithstanding anything to
the contrary in this Agreement, CITY shall have the right to apply regulations (including
amendments to the Existing Regulations) adopted by the CITY after the Effective Date,
in connection with any Project Approvals, or deny, or impose conditions of approval on,
any Project Approvals provided that such application to the Development is required to
protect the physical health and safety of existing or future residents or occupants of the
Property, or any portion thereof or any lands adjacent thereto. OWNER may protest the
imposition of any such emergency regulations or conditions to the City Councilor as
otherwise provided by CITY rules or regulations while continuing to construct the
Development.
3.3.4. Procedure For Application of New Rel!:ulations. The CITY
shall not apply to the Project any regulation, law, program, ordinance or action under
Section 3.3.1, 3.3.2, or 3.3.3 (except for emergency ordinances adopted to protect health
and welfare as set forth therein) which is not an Existing Regulation ("New Regulation")
without providing at least thirty (30) days prior written notice to OWNER of the CITY'S
intent to apply such New Regulation to the Project. OWNER shall have thirty (30) days
from the date of such notice to review and evaluate the New Regulation and to serve
CITY with written protest (Protest) against the application of the New Regulation to the
Project. If the OWNER timely provides the Protest to CITY, then CITY will not apply
the New Regulation to the Project until the City Council of CITY makes a finding, after a
duly noticed public hearing, that such New Regulation does not conflict with the Existing
Regulations as applied to the Project and is required (as opposed to permitted) to comply
with such State or Federal laws or regulations after taking into consideration all
reasonable alternatives. Should OWNER elect to continue to construct the Development
after receipt of notice of the applicability of any New Regulation described in Section
3.3.3 to such construction, OWNER does so at its own risk.
3.4. Vested Ril!:ht. By entering into this Agreement and relying thereupon,
OWNER is obtaining vested rights to proceed with the Project in accordance with the
terms and conditions of this Agreement, and in accordance with, and to the extent of, the
Project Approvals. By entering into this Agreement and relying thereupon, CITY is
securing significant public benefits and facilities which enhance the public health, safety
and welfare, a partial listing of which benefits is set forth in Section 4.1.
3.4.1. No Contlictinl!: Enactments. Except as provided in Section 3.3 of
this Agreement, neither the City Council nor any other agency of CITY shall impose a
rule, regulation, ordinance or other mcasure which governs the rate, timing or sequencing
of the Development of all or any part of the Project that is inconsistent or in conflict with
this Agreement or the Project Approvals. Any such rule, regulation, ordinance or other
measure shall be considered to conflict if it has any of the following effects, which
includes, but is not limited to:
i) Limits or reduces the density or intensity of the Project or
otherwise requires any reduction or increase in the number, size or square footage of lots,
homes, structures, buildings or other improvements; or
12
N:\Agreemenl<;\1004\Del Rio Development Agreement-Final 5-
ii) Applies to the Project, but is not uniformly applied by the CITY to
all substantially similar development within the CITY; or
iii) Controls, limits or otherwise negatively affects the rate, timing or
phasing of the Development of the Property.
The above list is not intended to be comprehensive or to limit the types of action that
would conflict with Existing Regulations, this Agreement and the Project Approvals.
3.4.2. Consistent Enactments. By way of enumeration and not
limitation, the following types of enactments shall be considered consistent with Existing
Regulations and the Project Approvals and not in conflict:
i) Relocation of unit types within the Property pursuant to an
application from OWNER; and
ii) Changes in the phasing of the Development pursuant to an
application from OWNER, provided any changes in phasing do not alter the phasing or
timing of any public improvements to be provided by OWNER under this Agreement
unless such change in the phasing or timing of the public improvements is approved by
CITY.
3.4.3. Initiative Measnres. In addition to and not in limitation of the
foregoing, it is the intent of OWNER and CITY that no moratorium or other limitation
whether relating to the rate, timing or sequencing of the Development of all or any part
of the Project and whether enacted by initiative or otherwise) affecting parcel or
subdivision maps (whether tentative, vesting tentative or final), site development permits,
precise plans, site development plans, building permits, occupancy certificates or other
entitlements to use approved, issued or granted within CITY, or portions of CITY, shall
apply to the Project to the extent such moratorium or other limitation would restrict
OWNER'S right to develop the Project in such order and at such rate as permitted under
this Agreement. In accordance with Section 6 of this Agreement, CITY agrees to
cooperate with OWNER in all reasonable manners in order to keep this Agreement in full
force and effect. In the event of any legal action instituted by a third party or other
governmental entity or official challenging the validity of any provision of this
Agreement, the parties hereby agree to cooperate in defending such action. In the event
of any litigation challenging the effectiveness of this Agreement, or any portion hereof,
this Agreement shall remain in full force and effect while such litigation, including any
appellate review, is pending, absent a court order to the contrary.
3.4.4. Consistency Between This Al!:reement and Current Laws.
CITY represents that there are no rules, regulations, ordinances, policies or other
measurcs of the CITY in force as of the Agreement Date that would interfere with
Development and use of all or any part of the Project according to the Project Approvals
and this Agreement. The parties understand and acknowledge that the Agreement is
13
N:\Agreements\2004\DeI Rio Development Agreement-Final 5-
consistent with CITY'S General Plan and zoning for the Property because General Plan
Amendment No. GP A 2004-0002 and Zone Change No. 1222-03 which are part
of the Existing Project Approvals, will become effective concurrent with the Effective
Date of
this Agreement.3.5. Future Amendments to Development Plan. The following
rules apply to future amendments to the
Development Plan:3.5.1. OWNER'S Written Consent. Any
Development Plan amendment which is not in compliance with Section2.6.3 and2.6.4 of
this Agreement shall not apply to the Property or the Project while this Agreement is
ineffect.3.5.2. ConcurrentDevelopment Al!:reement
Amendment. Any Development Plan amendment requiring amendment of this Agreement
shall be processed concurrently with an amendment to
this Agreement.3.5.3. Effect of Amendment. Except as expressly set forth
within this Agreement or in any amendment to this Agreement, a Development Plan
amendment will not alter, affect, impair or otherwise impact the rights, duties and obligations
of the parties under
this Agreement.4. Oblil!:ations of
the Parties.4.1. Benefits to CITY. The direct and indirect benefits
CITY (including,without limitation the existing and future residents of CITY) will receive pursuant
to the implementation ofthe Agreement include, but are not limited to,
the following:4.1.1. Public Sports Park. The Development will
provide community sports park facilities in excess of what state law or CITY ordinances
might otherwise require. The Development will provide not less than ten (10) acres
of improved community sports park facilities, which will include lighted baseball and
soccer facilities as well as other active recreational facilities including without limitation,
picnic facilities,basketball and volleyball court, tot lot, concession and restroom facilities,
public parking and related similar amenities in accordance with conceptual Park Facilities Plan
as set forth in Exhibit "B" attached hereto and as finally approved by the
CITY ("Park Improvements"). If construction of the Public Sports Park is not commenced
within five 5) years of the Effective Date, CITY may alter the park design plans provided
i) the changes in the park design do not increase the costs to OWNER to construct
the Park Improvements; ii) the changes in the Park Improvements do not delay any
approvals for the Project (including, without limitation, the issuance of any building
permits or certificates of occupancy for the Projcct; and iii) the CITY pays for any and all
costs and expenses in connection with the changes in the Park Improvements,
including, without limitation, any architectural, engineering or other consultants fees and
expenses. The Park Improvements shall be in lieu of any park fees or development fees
for park purposes which might otherwise be levied and collected by CITY.
The parties acknowledge that the public benefits provide in this Section 4.1.1 as well as
the
public 14N:\Agreemenls\2004\Dd Rio Development Agreement-
benefits provided in Section 4.1.2,4.1.3,4.1.4, and 4.1.6 are subject to further specificity
and detail by both OWNER and CnY, as well as further review and approval by CITY.
The Development Plan sets forth the conceptual plan for these improvements and shall
guide the parties in the implementation and construction of these public benefits.
Prior to issuance of the first certificate of occupancy on the Property,
OWNER shall rough grade the entire Public Sports Park site and provide an irrevocable
offer to dedicate the site to the CITY in a form reasonably acceptable to the City
Attorney. Prior to approval of a final subdivision map for any portion of the Project or
within 10 days of the City Council approval of a final design of the Public Sports Park,
whichever is later, OWNER shall post a performance bond with the CITY for the
completion of the Public Sports Park with a surety reasonable acceptable to the CITY.
The Public Sports Park shall be completed in any event prior to the later of the 260'h
certificate of occupancy or within three years of the issuance of the first certificate of
occupancy. Notwithstanding the foregoing, the Public Sports Park shall be completed
prior to the issuance of the first certificate of occupancy as to any residential unit in
planning areas one or four as shown in the Development Plan. Within six months of the
effective date, the parties shall meet and come to an agreement concerning the time frame
in which CITY is to process final design of the Public Sports Park in order to ensure that
OWNER has sufficient time to complete the Public Sports Park in compliance with this
section.
4.1.2. Greenway. The Development will provide significant trail
linkages along the Santa Ana River, by providing approximately 7 acres of open space
area (which includes the Bioswale as set forth below) with an integrated and improved
trail system in accordance with the conceptual Greenway Recreational Plan as set forth in
Exhibit "B" attached hereto and as finally approved by the CITY ("Greenway
Improvements"). The Greenway Improvements, including the Bioswale described in
Section 4.1.3 shall be constructed prior the issuance of the 260'h certificate of occupancy.
The parties shall cooperate in good faith to reach an agreement concerning the ownership
and maintenance obligations for the Greenway Improvements and Bioswale prior to the
approval of the first Tentative Map for the Property. The parties shall consider such
entities or mechanisms including, but not limited to, a Landscape Maintenance District,
Homeowner's Association or similar entities or mechanisms upon which they can agree.
4.1.3. Bioswale. The Development will include construction of a
bioswale facility to be located within the Greenway Improvements for the purpose of
providing adequate water quality facilities for Project run-off. The bioswale element
will be integrated with and enhance the recreational elements of the Greenway
Improvements.4.1.4. Santa Ana River Trail Entry. The Development will provide
an improved entry to the Santa Ana River Trail System by providing an entry from the
Park Improvements. CITY and OWNER will cooperate in obtaining any necessary
approvals and permits from any other governmental agencies having jurisdiction over the
proposed entry, provided however, OWNER will be relieved of any obligations under this
Section
15 N:\Agrcemcrlts\1004\DeI Rio Development Agreemenl-
4.1.4 if such other governmental agencies deny or refuse to grant any approvals for an
entry to the Santa Ana River Trail System.
4.1.5. Deletion of Batavia Avenue. OWNER has cooperated with CITY
in obtaining the deletion of Batavia Avenue from the County of Orange Master Plan of
Arterial Highways ("MP AH") and agrees to construct the traffic and circulation
improvements required by the Orange County Transportation Agency as a condition to
the approval of the deletion of Batavia Avenue from the MP AH as set forth in Exhibit
D" of this Agreement. CITY agrees to be responsible for right-of-way
acquisition, if any, for necessary improvements at the Glassell and Lincoln intersection. With
respect to traffic improvements located in the City of Anaheim, OWNER shall be
responsible only for its fair share cost. Any other right-of-way acquisition
or costs for traffic improvements shall be at
the cost of OWNER.4.1.6. Other Circulation
Improvements. The Development will provide such other traffic and circulation improvements in excess of
what state law or CITY ordinances might otherwise require to mitigate the Project'
s impacts in accordance with the improvements set forth in
Exhibit "c" attached hereto.4.1.7. Rehabilitation of Property. The Development
will result in the rehabilitation of a blighted, highly industrialized property that has
been utilized for sand,gravel, mining and landfill purposes for
the past 50 years.4.1.8. School Impact Fees. The
OWNER or its Development Transferees will pay to the Orange Unified School
District ("OUSD"), school impact fees in accordance with the current policies and fee schedule of the
OUSD and subject to the terms and conditions of a School Impact Mitigation Agreement for
the Project as full and complete mitigation for school
impacts from the Project.4.1.9. Comprehensive Planninl!:. The
Development will provide a comprehensive planning effort which incorporates adjacent
land ownership and reflects the CITY'S General Plan and Master Plan of Parks and
Master
Plan of Recreational Trails.4.1.10. Short Term Employment.
The Development will create substantial employment opportunities through the
Project
construction and development phase.4.2. Public Improvements and Financinl!: District.
At OWNER'S request,CITY shall cause a Financing District to be formed in a
timely manner. Such Financing District shall include the Property or a portion thereof within
its boundaries for the purpose (in addition to other possible purposes) of funding
the plarming, design and construction of the public improvements required to be
constructed for Development of the Project to proceed. Such improvcments, include, , but are not
limited to, traffic signal and street improvements, park land acquisition, !,'
Tading
and improvements, drainage,16 N:'Agn.-cmenls\2004\DeI Rio
sewer and water improvements, school mitigation fees and other development fees and
other facilities. Such Financing District shall be in conformance with applicable CITY
rules, regulations and policies as amended from time to time.
4.3. Limitation on Development Fees. Certain development impact and
processing fees have been imposed on the Project as conditions of the Existing Project
Approvals which impact and processing fees are in existence on the Etfective Date and
set forth more fully in Exhibit "E" ("Project Development Fees"). Notwithstanding any
fee increases adopted by the CITY, Project Development Fees applicable to the
Development shall be adjusted annually, commencing on the first anniversary of the
effective date of the Pre-Development Agreement (August 15, 2002), to reflect
any increase or decrease in the construction cost index as established and published in
the Engineering News Record. The foregoing shall not apply to processing fees charged
by the CITY for the CITY'S administrative time and related costs incurred in preparing
and considering any application for the Project Approvals which fees shall be assessed in
the amount they exist at the time OWNER becomes liable to pay such fees.
Project Development Fees and any increases therein shall be assessed in accordance with
Exhibit E". During the term of the Agreement CITY shall be precluded from applying
any development impact fee that does not exist as of the Effective Date, except for an
impact fee the CITY may adopt for administrative facility capital improvements. This
provision does not authorize CITY to impose tees on the Project that could not be imposed in
the absence of this
Agreement.4.4. Dedications and Exactions. At the appropriate points in
the Development of the Project, OWNER shall irrevocably offer for dedication or reserve
for acquisition by CITY or its designee the streets, any public right-of-
way, parkland and other areas within the Property as more fully set forth in the
Existing Project Approvals,including, but not limited to, those set forth in Exhibit "8", for the uses set
forth in the Existing Project Approvals. In addition to and not in limitation of
the foregoing, CITY shall not levy or require any further dedications and exactions in
connection with Project Approvals. Notwithstanding the foregoing, Future Project Approvals will
be reviewed in a manner consistent with the general review procedures of the
CITY accorded the particular type of Future Project Approval being sought to the extent
such procedures are consistent
with this Agreement.4.5. Proiect Mitil!:ation. OWNER shall undertake
and complete the mitigation requirements of the Existing Project Approvals. These
requirements shall be satisfied within the time established therefore in the
Existing Project Approvals.4.6. Construction of Public Facilities. OWNER
shall undertake the construction and timing of public facilities set forth in paragraph 4.1 and
any other public facilities as set forth in the Development Plan in a manner consistent with Section
3.1.2.The public facilities to be constructed pursuant to this Agreement
and the Project Approvals will bcnefit the community and will therefore bc financed
through a Financing District established pursuant to Section 4.2 of this Agreement. Owner shall
be entitled to credits for traffic impact fees to the extent a developer would be entitled to
such
credit in 17 N:\Agreements\2004\DcI Rio Dcvdopment
the absence of this Agreement. Within six months of the Effective Date, the parties shall
meet and discuss the potential for entering into a reimbursement agreement whereby the
CITY would collect fees from future development for their fair share of the
improvements constructed by Owner. The construction and dedication of the Public
Sports Park, Greenway Improvements and Bioswale shall be in lieu of the payment of
any development fees for park space and open space acquisition or improvements.
Notwithstanding anything in this Agreement to the contrary, nothing in this Agreement
including this Section 4.6) shall prohibit the CITY from utilizing a Financing District to
finance other facilities, services and fees in addition to the public facilities set forth in
paragraph 4.1
4.7. Trail Improvements. OWNER shall undertake and construct the Trail
Improvements in a manner consistent with the Development Plan. The Trail
Improvements will be constructed to CITY specifications in conformance with the
Development Plan
5. Further Assnrances to OWNER Regarding Exercise of Reserved Authority.
5.1. Adoption of General Plan and Grantinl!: of Other Proiect Approvals.
In preparing and adopting General Plan Amendment No. GPA-2004-0002 and
in granting the other Project Approvals, CITY considered, and will consider in
granting Future Project Approvals, the health, safety and welfare of the residents of CITY and
prepared in this regard extensive environmental analysis contained in the EIR and
other studies.Without limiting the generality of the foregoing, in reviewing and adopting
General Plan Amendment No. GPA-2004-0002 and the other Existing
Project Approvals, the City Council carefully considered and determined the
projected needs (taking into consideration the planned development of the Project and all
other areas within CITY)for police, fire, library, traffic, paramedics and similar facilities
and services within the Project and surrounding areas, flood control measures, the needs of
the residents for open space and parks and the appropriateness of the number of units to
be developed and the density and intensity of the development comprising the Project and
the needs of the residents of the Project and surrounding areas for other infrastructure
as well as the various benefits to the CITY some of which are described
in Section 4.1.5.2. Assurances to OWNER. The parties further
acknowledge that the public benefits to be provided by OWNER to CITY pursuant to
this Agreement are in consideration for and reliance upon assurances that the Property
will be developed in accordance with the Project Approvals and
this Agreement. Accordingly, while recognizing that the Development of the Property may be affected
by exercise of the authority and rights reserved and excepted asprovided in Sections 3.3.1" 3.3.2
and 3.3.3 Reserved Authority") or this Agreement, OWNER is concerned
that CITY may adopt land use regulations in violation of the Reserved Authority and
to attempt to apply regulations which are inconsistent with the Project Approvals pursuant
to the exercise of the Reserved Authority. Accordingly, OWNER desires assurances
that CITY will not and CITY agrees that it will not further restrict or limit the
development of the Property in violation of this Agreement except in strict accordance
with
the Reserved Authority.18 N:\Agreements'2004\DeI Rio
6. Indemnification. Except to the extent of the gross negligence or willful
misconduct of the Indemnified Parties (as defined below), OWNER, and with respect to
the portion of the Property transferred to them, The Development Transferees, agree
during the term of this Agreement, to, at CITY'S request, defend CITY and its agents,
officers, and employees (the "Indemnified Parties") from and against any claims or
proceeding against the Indemnified Parties to set aside, void or annul the approval of this
Development Agreement or the Project Approvals. CITY agrees to timely take all
actions necessary or required to uphold the validity and enforceability of this Agreement
and the Existing Regulations and shall promptly notifY OWNER of any claim, action or
proceeding brought challenging any provision of this Agreement or the Project
Approvals. OWNER and the CITY shall select joint legal counsel to conduct such
defense which legal counsel shall represent both OWNER and the CITY in defense of
such action. OWNER and CITY shall meet and confer to determine the reasonable
estimate of the costs of defense of any such claim or action and OWNER shall deposit a
sufficient portion of said amount with the CITY to ensure CITY that it will have
sufficient funds to pay the costs of defense until a further deposit is required, if any. The
CITY will draw down on such funds to pay for costs of defense and may require
additional deposits if it appears that the costs of defense will exceed the amount on
deposit. The CITY shall refund, without interest, any unused portions of the deposit once
the claim or action is finally concluded. Should the CITY fail to promptly and timely
notifY OWNER or cooperate fully or decide to terminate this Agreement, OWNER shall
be relieved of its defense and indemnity obligations hereunder. OWNER shall have the
right to direct the prosecution, strategy and settlement of any defense hereunder in
consultation with the CITY, provided however, that CITY and OWNER agree not to
unreasonably withhold or delay approval of the settlement of any claim or action which
does not significantly impair the rights and obligations of either party under this
Agreement or the Project Approvals.
7. Relationship of Parties. The contractual relationship between CITY and
OWNER is such that OWNER is an independent contractor and not the agent or
employee of CITY. CITY and OWNER hereby renounce the existence of any form of
joint venture or partnership between them, and agree that nothing contained in this
Agreement or in any document executed in connection with the Project shall be construed
as making CITY and OWNER joint venturers or partners.
8. Amendment or Cancellation of Al!:reement. This Agreement may be amended
or canceled in whole or in part only by mutual consent of the parties in the manner
provided for in Government Code Section 65868. No amendment or modification of this
Agreement or any provision hereof shall be effective unless set forth in writing and
signed by duly authorized representatives of each party hereto. This provision shall not
limit CITY'S or owner remedies as provided by Section 10.
19
N:\Agrecmcnts\2004\Del Rio Development Agreement-Final 5-
9. Periodic Review of Compliance with Al!:reement.
9.1. Periodic Review. CITY and OWNER shall review this Agreement at
least once every twelve (12) month period from the date this Agreement is executed.
CITY shall notifY OWNER in writing of the date for review at least thirty (30) days prior
thereto. Such periodic review shall be conducted in accordance with Government Code
Section 65865.1.
9.2. Good-Faith Compliance. During each periodic review, OWNER shall
be required to demonstrate good faith compliance with the terms of this
Agreement.OWNER agrees to furnish such reasonable evidence of good faith compliance as
CITY,in the exercise of its reasonable discretion, may require. If requested by CITY,
CITY agrees to provide to OWNER, a Development Transferee or any party designated
by OWNER or a Development Transferee, an estoppel certificate that OWNER or
a Development Transferee is in compliance with the terms of this Agreement,
provided OWNER reimburses CITY for all reasonable and direct costs and fees incurred by
CITY with respect
thereto.9.3. Failure to Conduct Annual Review. The failure of the CITY to
conduct the annual review shall not be an OWNER default. Further, OWNER shall not
be entitled to any remedy for CITY failure to conduct this annual
review.9.4. Initiation of Review by City Council. In addition to the annual
review,the City Council may at any time (but not more than once in any twelve (12)
month period) initiate a review of this Agreement by giving written notice to OWNER.
Within thirty (30) days following receipt of such notice, OWNER shall submit evidence to
the City Council of OWNER'S good faith compliance with this Agreement and such
review and determination shall proceed in the same manner as provided for the annual
review.9.5. Availability of Documents. If requested by OWNER, CITY agrees
to provide to OWNER copies of any documents, reports or other items
reviewed,accumulated or prepared by or for CITY in connection with any periodic
compliance review by CITY, provided OWNER reimburses CITY for all reasonable and direct
costs and fees incurred by CITY with respect
thereto.10. Events of Default Remedies and Termination. Unless amended or canceled
as provided in Section 8, or modified or suspended pursuant to Government Code
Section 65869.5 or terminated pursuant to this Section 10, this Agreement is enforceable
by either party
hereto.10.1. Defaults by OWNER. If CITY determines on the basis of
substantial evidence that OWNER has not complied in good faith with the terms and conditions
of this Agreement, CITY shall, by written notice to OWNER, specify the manner in
which OWNER has failed to so comply and state the steps OWNER must take to bring
itself into compliance ("First Default Notice"). CITY and OWNER shall meet in good
faith
20 N:\Agreements\2004\Dd Rio Development Agreement-Final
for the purpose of resolving any disputes within fifteen (15) days of OWNER'S receipt of
written notice of default from CHY. If the CITY determines that following these
meetings, OWNER is not taking necessary steps to cure such default, it shall provide
notice of same to OWNER ("Second Default Notice") and if, within thirty (30) days after
the effective date of such notice OWNER has failed to so comply or OWNER does not
commence all steps reasonably necessary to bring itself into compliance as required and
thereafter diligently pursue such steps to completion, then OWNER may be deemed to be
in default under the terms of this Agreement and CITY may initiate the process to
terminate this Agreement pursuant to Government Code Section 65868. In event of
default by OWNER, except as provided in Section 10.3, CITY'S sole remedy for any
breach of this Agreement by OWNER shall be CITY'S right to terminate this Agreement.
10.2. Defanlts by CITY. If OWNER determines on the basis of substantial
evidence that CITY has not complied in good faith with the terms and conditions of this
Agreement, OWNER shall, by written notice to CITY, specifY the manner in which
CITY has failed to so comply and state the steps CITY must take to bring itself into
compliance. CITY and OWNER shall meet in good faith for the purpose of resolving any
disputes within fifteen (15) days of CITY'S receipt of written notice of default from
OWNER. If the OWNER determines that following these meetings, CITY is not taking
necessary steps to cure such default, it shall provide notice of same to CITY and if,
within thirty (30) days after the effective date of such notice, CITY has failed to so
comply or CITY does not commence all steps reasonably necessary to bring itself into
compliance as required and thereafter diligently pursue such steps to completion, then
CITY shall be deemed to be in default under the terms of this Agreem<:nt and OWNER
may initiate the process to terminate this Agreement and, in addition, may pursue any
other remedy available at law or equity, including specific performance as long as such
remedy is consistent with Section 10.3.
10.3. Specific Performance Remedy. Due to the size, nature and scope of the
Project, it will not be practical or possible to restore the Property to its natural condition
once implementation of this Agreement and the Project Approvals has begun. After such
implementation, OWNER may be foreclosed from other choices it may have had to
utilize the Property and provide for other benefits. OWNER has invested significant time
and resources and performed extensive planning and processing of the Project in agreeing
to the terms of this Agreement and will be investing even more significant time and
resources in implementing the Project in reliance upon the terms of this Agreement, and
it is not possible to determine the sum of money which would adequately compensate
OWNER for such efforts. For the above reasons, CITY and OWNER agree that damages
would not be an adequate remedy if CITY fails to carry out its obligations under this
Agreement and that OWNER shall have the right to seek and obtain specific performance
or injunctive relief as a remedy for any breach of this Agreement. Except as otherwise
provided herein, OWNER may seek to enjoin any threatened or attempted violation of
this Agreement, seek to enjoin any threatened or attcmpted violation hereof, or enforce
by specific performance the obligations and rights of OWNER. The parties agree that the
CITY would not have entered into this Agreement if it could be held liable for general,
special or compensatory damages for any default of this Agreement. OWNER'S
21
N:\Agreemcnts\2004\DeI Rio Development Agreement-Final 5-
remedies of specific performance of, or right to enJom, any obligation hereunder is
adequate to secure the CITY'S obligations. OWNER agrees that, except as set forth in
this Agreement, neither the CITY nor its officers, employees or agents shall be liable for
any general, special or compensatory damages to OWNER or' to any successor or
assignee or transferee of OWNER for the CITY'S breach or default under or with respect
to this Agreement and OWNER covenants not to sue the CITY, its officers, employees or
agents for or make any claim against them for any general, special or compensatory
damages for any default under this Agreement. CITY'S remedy of terminating this
Agreement shall be sufficient if OWNER fails to carry out its obligations hereunder.
Notwithstanding the above, and as further set forth in Section 3.1.2 of this Agreement,
CITY may not seek specific performance to require OWNER to construct the
Development except to the extent that OWNER becomes otherwise obligated under this
Agreement to construct any or all of the public facilities identified in the Development
Plan. Nothing contained in this Agreement shall prevent OWNER from enforcing the
right to seek a refund or return of a deposit made, or a fee paid, to the CITY in
accordance with the provisions of the Existing Rules.
10.4. Institution of Lel!:al Action. OWNER may institute legal action to cure,
correct or remedy any default, to entorce any covenants or agreements herein, to enjoin
any threatened or attempted violation hereof, or to obtain any other remedies consistent
with this Agreement. Such legal action shall be heard by a reference from the Orange
County Superior Court pursuant to the reference procedures of the California Code of
Civil Procedure Sections 638, et seq. OWNER and CITY shall agree upon a single
referee who shall then try all issues, whether of fact or law, and report a finding and
judgment thereon and issue all legal and equitable relief appropriate under the
circumstances of the controversy before him. If OWNER and CITY an: unable to agree
on a referee within ten (IO) days of a written request to do so by either party hereto,
either party may seek to have one appointed pursuant to the California Code of Civil
Procedure Section 640. The cost of such proceeding shall initially be borne equally by
the parties. Any referee selected pursuant to this Section 10.4 shall be considered a
temporary judge appointed pursuant to Article 6, Section 21 of the California
Constitution.
10.5. Estoppel Certificates. Either party may at any time deliver written notice
to the other party requesting an estoppel certificate (the "Estoppel Certificate") stating:
10.5.1 The Agreement is in full force and effect and is a binding
obligation ofthe parties.
10.5.2 The Agreement has not been amended or modified either orally or
in writing or, if so amended, identifYing the amendments.
10.5.3 No default in the performance of the requesting party's obligations
undcr the Agreement exists or, if a default does exist, the nature and amount of any
default. A party receiving a rcquest for an Estoppel Certificate shall provide a signed
certificate to the requesting party within thirty (30) days after receipt of the request. The
22
N:\Agrcemcnts\2004\DeI Rio Developmt.'I1.1 Agrccment-Fina15~25-
City Manager or any person designated by the City Manager may sign Estoppel
Certificates on behalf of the CITY. Any officer of OWNER may sign on behalf of
OWNER. An Estoppel Certificate may be relied on by assignees and mortgagees.
10.5.4 In the event that one party requests an Estoppel Certificate from
the other, the requesting party shall reimburse the other party for all reasonable and direct
costs and fees incurred by such party with respect thereto.
11. Waivers and Delays.
11.1. No Waiver. Failure by a party to insist upon the strict performance of any
of the provisions of this Agreement by the other party, and failure by a party to exercise
its rights upon a default by the other party hereto, shall not constitute a waiver of such
party's right to demand strict compliance by such other party in the future.
11.2. Third Parties. Non-performance shall not be excused because of a
failure of a third person, except as provided in Section 11.
3.11.3. Force Maieure. OWNER and CITY shall not be deemed to be in
default where failure or delay in performance of any of their obligations under this Agreement
is caused by floods, earthquakes, other Acts of God, fires, wars, riots, or similar
hostilities,strikes and other labor difficulties beyond OWNER or CITY control,
including government regulations (including, without limitation, local, state and
federal environmental and natural resource regulations), voter initiative or referenda,
moratoria including, without limitation, any "development moratorium" as that term is applied
in Government Code Section 66452.6) or judicial
decisions.11.4. Extensions. The Term of this Agreement and the time for performance
by OWNER or CITY of any of its obligations hereunder or pursuant to the
Project Approvals shall be extended by the period of time that any of the events described
in Section 11.3 or this Section11.4 exist and/or prevent performance of such
obligations;provide that, except for the extension set forth in Section2.3 of this Agreement
allowing OWNER to extend the Term hereof for an additional five (5) year period, in no
event shall any such extension exceed a total of 24 months without the prior approval, in
their sole and complete discretion, of both OWNER and CITY. Subject to this limit the
Term shall be extended for delays arising from the following events for a time equal to
the duration of each delay which occurs during the
Term:11.4.1. Litil!:ation. The period of time after the Effective Date
during which litigation related to the Project Approvals, which has the actual effect of
delaying implementation of the Project, is pending, including any litigation pending on
the Agreement Date. This period shall include any time during which appeals may be
filed or are
pending.
23 N:\Agreements\1004\DeI Rio Development Agreement-Final
11.4.2. Government Al!:encies. Any delay resulting from the acts or
omissions of the CITY or any other governmental agency or public utility and beyond the
reasonable control of OWNER.
11.5. Notice of Delay. Each party shall give notice to the other of any delay
that either party believes to have occurred as a result of the occurrence of any of the
events described in Section 11.3 or 11.4. Such notice shall be provided as soon as either
party becomes aware of any such delay and in no event, shall notice of a delay of any
length be given later than sixty (60) days after the end of the delay or it shall be deemed
waived.
12. Notices. All notices required or provided for under this Agreement shall be in
writing and delivered in person or sent by certified mail, postage prepaid, return receipt
requested. Notices required to be given to CITY shall be addressed as follows:
City of Orange
300 E. Chapman Avenue
Orange, California 92866
Attention: City Manager
With a copy to:
Orange City Attorney
300 E. Chapman A venue
Orange, California 92866
Notices required to be given to OWNER shall be addressed as follows:
Del Rio, LLC
2022 Calle de los Alamos
San Clemente, California 92672
Attention: Jim Grace
With copies to:
Law Office of Carmen A. Morinello
18101 Yon Karman Avenue, Suite 1260
Irvine, California 92612
Attention: Carmen A. Morinello
Any notice given as required herein shall be deemed given only if in writing and upon
delivery personally or by independent courier service. A party may change its address
for notices by giving notice in writing to the other party as required herein and thereafter
notices shall be addressed and transmitted to the new address
13. Attorneys' Fees. If legal action is brought by either party against the other for
breach of this Agreement or to compel performance under this Agreement, the prevailing
party shall be entitled to an award of its costs, including reasonable attorneys' fees, and
shall also be entitled to recover its contribution for the costs of the referee referred to in
Section 10.4 above as an item of damage and/or recoverable costs.
14. Recordinl!:. This Agreement and any amendment or cancellation hereto shall be
recorded, at no cost to CITY, in the Official Records of Orange County by the City Clerk
within the period required by Section 65868.5 of the Government Code.
24
N:\Agreements\2004\Del Rio Development Agreement-Final 5-
15. Effect of Al!:reement on Title.
15.1. Effect on Title. OWNER and CITY agree that this Agreement shall not
continue as an encumbrance against any portion of the Property as to which this
Agreement has terminated.
15.2. Encumbrances and Lenders' Ril!:hts. OWNER and CITY hereby agree
that this Agreement shall not prevent or limit any owner of any interest in the Property, or
any portion thereof, at any time or from time to time in any manner, at its or their sole
discretion, from encumbering the Property, the improvements thereon, or any portion
thereof with any mortgage, deed of trust sale and leaseback arrangement or other security
device. CITY acknowledges that any Lender (as hereinafter defined) may require certain
interpretations of or modifications to the Agreement or the Project and CITY agrees,
upon request, from time to time, to meet with the property owner(s) and/or
representatives of such Lenders to negotiate in good faith any such request for
interpretation or modification. CITY further agrees that it will not unreasonably withhold
its consent to any such requested interpretation or modification to the extent such
interpretation or modification is consistent with the intent and purpose of this Agreement.
A default under this Agreement shall not defeat, render invalid, diminish or impair the
lien of any Lender.
The mortgagee or a mortgage or beneficiary of a deed of trust or holder of any
other security interest in the Property or any portion thereof and their successors and
assigns, including without limitation the purchase at a judicial or non-judicial
foreclosure sale or a person or entity which obtains title by deed-in-lieu
of foreclosures ("Lender")shall be entitled to receive a copy of any First Default Notice, as defined in
Section 10.1,at the name and address Lender has provided to the City Clerk of the CITY.
As a pre-condition to the institution of any legal proceedings or termination
proceedings, the CITY shall deliver to all such Lenders written notification of any situation
in which OWNER has failed to cure and is deemed to be in default under Section 10.
1 (hereafter, the Second Default Notice"). The Second Default Notice shall specifY in
detail the alleged default and the suggested means to cure it. Each such Lender shall have the
right, at its sole option, to cure such default within seventy-five (75) days of
receipt of the Second Default Notice or, if such default cannot be reasonably
cured within seventy-five (75)days, to commence and diligently pursue a cure of such default,
in which case CITY shall not terminate this Agreement or otherwise institute legal
proceedings. Within 20 days of receipt of the Second Default Notice, such Lenders shall
provide written notice to the CITY as to whether such Lender intends to cure the default. If
the CITY does not receive such notice within 20 days the Lender shall be deemed to have elected
not to cure and the CITY may pursue all available remedies providedto
it under this A!,'feement.16. Severability of Terms. If any term, provision,
covenant or condition of this Agreement shall be determined invalid, void or
unenforceable, the remainder of this Agreement shall not be affccted thereby to the extent
such remaining provisions are
not
rendered impractical to enforce.25 N:\Agreements\2004\De1 Rio
17. Subsequent Ameudment to Authorizinl!: Statute. This Agreement has been
entered into in reliance upon the provisions of the Development Agreement Legislation in
effect as of the Effective Date. Accordingly, subject to Section 3.3.2 above, to the extent
that subsequent amendments to the Government Code would affect the provisions of this
Agreement, such amendments shall not be applicable to this Agreement unless necessary
for this Agreement to be enforceable or required by law or unless this Agreement is
modified pursuant to the provisions set forth in this Agreement and Government Code
Section 65868 as in effect on the Agreement Date.
18. Rules of Construction and Miscellaneous Terms.
18.1. Interpretation and Governinl!: Law. The language in all parts of this
Agreement shall, in all cases, be construed as a whole and in accordlffice with its fair
meaning. This Agreement and any dispute arising hereunder shall be governed and
interpreted in accordance with the laws ofthe State of California. The parties understand
and agree that this Agreement is not intended to constitute, nor shall be construed to
constitute, an impermissible attempt to contract away the legislative and governmental
functions of the CITY, and in particular, the CITY'S police powers. In this regard, the
parties understand and agree that this Agreement shall not be deemed to constitute the
surrender or abnegation of the CITY'S governmental powers over the Property.
18.2.Section Headinl!:s. All section headings and subheadings are inserted for
only and shall not affect any construction or interpretation of thisconvemence
Agreement.
18.3. Gender. The singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory, "may" is permissive.
18.4. Joint and Several Liability. If there is more than one signer of this
Agreement, their obligations are joint and several.
18.5. Time of Essence. Time is of the essence regarding each provision of this
Agreement of which time is an element.
18.6. Recitals. All Recitals set forth herein are incorporated ill this Agreement
as though fully set forth herein.
18.7. Entire Al!:reement. This Agreement together with the Development Plan
constitutes the entire agreement between the parties with respect to the subject matter
hereof, and the Agreement supersedes all previous negotiations, discussion and
agreements between the parties, and no parole evidence of any prior or other agreement
shall be permitted to contradict or vary the terms hereof. To the extent there are any
inconsistencies between the attached exhibits and this Agreement, the terms and
conditions of this Agreement shall control unless the parties otherwise mutually agree in
writing.
26
N:\Agreemen!s\2004\DcI Rio Development Agreemenl-FinaI5-
19. Extension and Preparation of Maps. In accordance with Government Code
Section 66452.6(a), any tentative map approved which relates to all or a portion of the
Property shall be extended for the greater of (i) the Term of the Agreement or (ii)
expiration of the tentative map pursuant to Section 66452.6. Any tentative map prepared
for the Project which includes a subdivision shall comply with the provisions of
Government Code Section 66473.7 unless exempt as provided therein.
20. Not for Benefit of Third Parties. This Agreement and all provisions hereof are
for the exclusive benefit of CITY and OWNER and its Development Transferees and
shall not be construed to benefit or be enforceable by any third party.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year dated below.
Dated:2004 CITY"
THE CITY OF ORANGE,
a municipal corporation,
By:
ATTEST:
4.t~d~'.~Mary E. M 'ty Clerk
Da~7 2004 OWNER"
DEL RIO, LLC,
a California limited liability company,
By:
27
C:\Documents and Settings\carmen.KCA\Local Settings\Tcmporary [ntemet Files\OLK82\Del Rio Development Agrcemenl-
City redlincl5-125.
STATE OF CALIFORNIA
COUNTY OF ORANGE
55
On this 7th day of June , 2004, before me, the undersigned notary
public, personally appeared Jarres D. Grace
NAME(S) OF SIGNER(S)
5SI personally known to rne -OR- D proved to rne on the basis of satisfactory
evidence to be the persons whose names are subscribed to the within
instrurnent, and acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the instrument the persons,
or the entities upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
j .~.- ..~. ---------
Q/:,,::.:, LOIS
A.
HORNESS I E, " .... COMMISSION #
1307370 ::x:II Nolary
Public. California !l:ORANGE COUNTY
CJ j' . ' My
CommissJon ExpIres (JUNE 23,
2005 L. l _ _ _ _
STATE OF
CALIFORNIA COUNTY OF
ORANGE On this
day of , 2004, before me, the undersigned notary public, personally
appeared NAME(S)
OF SIGNER(S)D personally
known to rne -OR- D proved to me on the basis of satisfactory evidence to
be the persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same in their authorized capacities,
and that by their signatures on the instrument the persons,or the
entities upon behalf of which the persons acted, executed the instrument.WITNESS my
hand and official seal.SIGNATURE OF
NOTARY 28 N:\
Agreements\
1004\Del Rio Development Agreement-Final 5-25-04.
STATE OF CALIFORNIA } 55
COUNTY OF ORANGE
C -1""
On this ~ I day of .J Ul--'-\ ,2004, before me, the undersigned notary public,
personally appeared rn M:.t<.. 1+. (n 11 /CPt; "rSOnallY
known to me NAoMRE(S~O:n;~~~
t~R~~)
OR
the basis of satisfaGtgry eviut:,'....
e to be the persons whose narnes are subscribed to the within instrument,
and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons,or
the entities upon behalf of which the persons acted, executed the instrument.WITNESS
my hand and official seal.R~
@......oWnSHAAYN I e:
COMM.#l~I
oJ,~ ~PIIIUC.~ 1\ ~llRANGECXllNIY -- ~
Ioly
Comm.
Elrp. Doc. 11,2lllM f STATE OF
CALIFORNIA COUNTY OF
ORANGE On this
day of , 2004, before me, the undersigned notary public, personally
appeared NAME(S)
OF SIGNER(S)o personally
known to rne -OR- 0 proved to me on the basis of satisfactory evidence to
be the persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same in their authorized capacities,
and that by their signatures on the instrument the persons,or the
entities upon behalf of which the persons acted, executed the instrument.WITNESS my
hand and official seal.SIGNATURE OF
NOTARY 29 N:\
Agreements\
2004"DdRIO Development Agreement-Final S-25--04.
AJg, Fbi..OR-
2028697 TITLE OffiCER - DAVJD M_ NEAl..
AMENDED 11/2101)Uingl.laJ':
e Commirrneor
ALL THAT CERTAIN LAND SrruA TED IN nffi STATE OF CAI.lFORNIA. COUNTY OF ORANGE, DE5CR1BED AS FOLLOWS,
PARCELl:
PARCELS 4, 6 AND 7, AS SHOWN ON EXHIBIT ".8" ATTACHED TO LOT LINE ADJUSlMENT LL 99-023,RECORDED JULY 21, 1999 AS INSTRUMENT NO. 19990534908 OF OFFICIAL RECORDS OFORANGECOUNlY,
CALIFORNIA PARCEL
2:TIIAT PORTION OF TIlE JOSEF A YORBA DE SMYTHE ALLO"IMENT AND TIlAT PORTION OF TIlEJOSEANTONIOYORBAALLOlMENTOFTIlERANCHOSANTIAGODESANTAANA. DESCRIBED ASAWHOLEAS
FOLLOWS:BEGINNING AT TIlE MOST WESTERLy CORNER. OF mAT CERTAIN TRACT OF LAND CONVEYEDTOMARGARETSCOTTMIl.L.AR. BY DEED RECORDED OCTOBER 11, 1892 IN BOOK 95, PAGE 271OFDEEDS. RECORDS OF LOS ANGELES COUNTY, CALIfORNIA; THENCE NOR11iWES1ERL Y ALONGTHEEXTENDEDSOUlHWESJERLYlINEOFSAIDLANDOFMIll.AR, TO ITS POINT OFlNITRSECTIONWITHTIlESOtJfHEASTEIU.y LINE OF THE RIGHT OF WAY OF TIlE OUVE AND WESTORANGEPROTECTIONDISTIUCT, AS DESCRIBED IN DEED RECORDED DECEMBER n, 1917 IN BOOK 3 16, PAGE 229 OF DEEDS; THENCE NORTHEASffiRLY ALONG SAID SOU1HEASIERLY LINE 10 ITS POINTOFINTERSECTIONWITHTHEEXTENDEDNORlHEASTERLYLINEOFSAIDLANDOFMILLAR; THENCE SOllIHEASTERL Y ALONG SAID EXTENSION TO 1HE MOST NORTHERLY CORNER OF SAIDMILLARLAND; TIIENCE SOUTHWEsTERLy ALONG THE NORTIIWES!ERL Y LINE OF SAID MILLAR lAND, TO TIlE POINT OF
BEGINNING.
PARCEL):THAT PORTION OF THE 28S-ACRE PARCEL OFLAND Al.I.OTIW TO JOSEFA YORBA DESMYIHEINDECREEOFPARTITIONOFTIiERANCHOSAl<T1AGO DE SMiA ANA, RECORDED IN BOOKBOFJUDGMENTSOFTIIESEVENlEENTIIJUD10ALDISTIUcrCOURTOFLOSANGELESCOUNTY,CAI.JFORNIA, DESCRIBED
AS FOLLOWS:BEGINNING AT A POINT ON TIlE EAST LINE OF TIIE 14-ACRE PARCEL OFLANDCONVEYEDBYCllARll;S F. WATSON TO D. J. WATSON BY DEED RECORDED NOVEMBER 22, 1898 INBOOK38. PAGE 385 OF DEEDS, RECORDS OF SAID ORANGE COUNlY, NORm 12 DEGREES 38' WEST910_80 FEET THEREON FROM THE SOUTHEAST CORNER TIffiREOF; lHENCI; NORm 12 DEGREES38' WEST &48.10 FEET; TIIENCE SOUlHEA.STERL Y 942.48 fEET ALONG TIlE HASTERL Y lINE OFTHElANDCONVEYEDTOCHARLESF. WATSON BY DEED RECORDED JANUARY 2, 1886 IN BOOK 141, PAGE621OFDEEDS,RECORDS OF LOS ANGELES COUNlY. TO A POINT WInCH BEARS NORm 17 DEGREES 22' EASe 411.84 FEET fROM THE POINT OF BEGINNING; THENCE soum 71 DEGREES 22' WEST 41U14FEETTOTIfE
POINr OF
BEGINNING.PARCEL 4:1RE SOUTlIWESlEtLY HALF OF TIIAT PORTION OF TIlE LAND AlLomTOJOSEANfONlAYORBAANDlRATPORTIONOFTIlE285.ACRE PARCEL OF LAND ALLOTTED TOJOSfPAYORBADESMYTHEINDECREEOFPARTITIONOFTIIERANOlOSANlTAGODESANTAANA, RECORDED IN nooK B OF JUDGMENTS OF THE SEVENrEENTII JUDICIAL DISTIUCT COURT OFLOSANGE! "S COUNTY, CALIFORNIA,
DESCRIBED AS roLLOWS:BEGINNING AT A POINT SOUIll 56DEGREES WEST 634.92 FEET FROM: A COTIONWOODTREEWHICHISNORlH50DEGREES30' WEST ] 206.48 fEET FROM A POINr wmCH IS sourn 5 DEGREES
EAST 95.
I..angu>g< Coounhmttot
OR~2028697
TITLE OH1CER - DA Vj[) M. NEAL hMENDED
IIJ2IOI)FEET
fROM TIIE SOUTHWEST CORNER OF THE lAND AllOTTID TO DESIDERIO BURREll AND WIFE INSAIDDECREEOFPAR1ITlON; THENCE SOU1H 56 DEGREES WEST 705.87 FEET TO A STAKl! WInrn ISNORTI! 56 DEGREES EAST 19.80 FEET fROM A ROW Of COlTON WOOD TREES; 'ffiENCE NORTH 38 DEGREESWEST691.68 FEET PARALLEL WIDl SAID ROW OF COlTON WOOD TREES; THENCE NORm 56DEGREESEAST555.06 FEET; THENCE soum 50 DEGREES 30' EAST 716.76 fEET TO TIlE POINT Of BEGINNING.PARCEL
5:THE
NOR,1HEASTRRLY HAl.F Of THOSE PORTIONS OF SECTIONS 7 AND 8, TOWNSffip 4 SOUTIl,RANGE9WEST, IN THE RANOlO SANTIAGO DE SANTA ANA. ACCORDING TO THE MAP .FlUD IN DECREEOFPAR1ITlONOFSAIDRANClIO, RECORDED IN BOOK"B" OF JUDGMENTS OF TIlE 171H JUDICIALDISTRICTCOURTOFCALlFORNlA, DESCRIBED AS FOLLOWS:BEGINNING
AT A POINT DISTANf NORTH 39 DEGREES 04' 35" WEST 118938 fEET FROM AN IRON BOLTMARKINGENGINEER'SSTATION 159+45.22 AT AN ANGLE POINT ON THE CENTER LINE OF ANAHElM-OLIVE ROAD, AS DESCRlBED IN lHE DEED TO mE COUNTY OF ORANGE, RECORDED INBOOK274, AT PAGE 365 OF DEEDS. RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING ATlHESO~y CORNER. Of THE.ENTIRE PARO'-L OF lAND DESCRJBED IN TIlE DEED RECORDEDMARrn25, 1932 IN BOOK 548, AT PAGE 34 OF OffiCIAL RECORDS, RECORDS OF SAID ORANGECOUNlY; TIlENCE FOllOWlNG ALONG TIlE BOUNDARY LIN.E OF SAID PARCEL OF lAND, NORTIl 55DEGREES14' 55" EAST 35293 FEF:r TO A POINT ON SAID BOUNDARY LINE WInCH IS TIlE lRUE POINTOFBEGINNINGFORTHISDESCRIPTION; THENCE CONTINUING NORlH 55 DEGREEs 14' 55- EAST352.93 FEET ALONG SAID BOUNDARY LINE; THENCE NORlH 51' DEGREES 09' 38- WEST 718.34 FEET;lllENCE SOUTH 55 DEGREES 14' 55" WEST 2n.s3 fEET; THENCE SOUTH 45 DEGREES 14' 09" EAST700.79 FEET, TO 1RE mUE POINT OF BEGINNING.
PA_~CEL6:
THAT PORTION OF TIffi LAND AllOTTED TO T. D. MOlT, AS DESCRIBED IN lHE FINAL DECREE OFPAR1IllONOfTIlERANCHOSANIlAGODESANTAANA. A CERTIFIED COpy OF WInCH WASRECORDEDSEPTEMBER12, 1868 IN BOOK B, PAGE 410 OF JUDGMENTs OF THE DlSIlUCT COURT OFTHE17TI1rVDlQALD1STIUcr, IN AND fOR LOS ANGELES COUNTY. CALIFORNIA, DESCRIBED ASFOllOWS:
BEGlNNlNG AT AN IRON PIN AT THE MOST EASTERLY CORNER OF LAND DESCRlBED IN THE DEEDTOFREDW. TIMKEN AND 0IlJERS, RECORDED 1ANUARY 3, 1912 IN BOOK 205, PAGE 231 OF DEEDS,SAID PIN BEING NORTIl39 DEGREES 06' WEST 1191.75 fEET AND NORTIl55 DEGREES 2& EAST 706.4FEETFROMANIRONBOLTMARKINGANANGLEPOINTATSTATION159+15.22 OF ANAHElM-OUVE ROAD; THENCE NORTH 51 DEGREES 14' 30" WEST717.5 FEET TO THE MOST NORTHERLY CORNEROFSAIDLANDOFTIMK:EN; 11IENCE NORTH 55 DEGREES 43' EAST 313.3 fEET TO TIlE MOST WES'IERLY CORNER OF LAND DESCRIBED IN THE DEED TO WILLIAM Ii iIALL AND WIFE. RECORDED JUNE3,1912 IN BOOK 21 L PAGE 392 OF DEEDS: TIJENCE SOU1H 51 DEGREES 26' 30" EAST 716.65 fEET TOlHE .MOST SOUTHERLy CORNER OF SAID LAND OF HALL; lliENCE sourn 55 DEGREES 26' WEST315.5 FEET TO TIlE POINT OF
BEGINNING.EXCEPTING THEREFROM. AllOII., GAS, MfN.ERAI.S AND HYDROCARBON SUBSTANCES BELOWADEPnIOF500FEETFROMl1iESURFACEOFSAIDLAND, Bur wrmour THE RIGHT OF EN!RYuPONANYPORTIONOFtHESURFACEABOVEADEPTHOF500FEET, FOR ANY PURPOSEWHATSOEVER,AS RESERVED IN THE DEED FROM BERlHA M ELSON AND OTHERS, RECORDED JANUARY 4, 1962lN BOOK 5964, PAGE 319 OF OFFICIAL
RECORDS.PAGE
1m rim
Ungu>&" Colmnitmem OR-
2028697 TITUOFHCER-DAVID
M. NEALAMfNDED
11/2101)
PARCEL 7:TIlAT pORTION OF 1HE LAND ALWlT.ED TO T_ D. MOTI, AS DESCRIBED IN 1HE FINALDECREEOFPARTITIONOFTHERANUIOSANTIAGODESANTA .!<NA, A CERTIFIED COpy OFWHIOJWASRECORDEDSEl'TEMBER.I2. 1868 IN BooKB, PAGE 4tO OF JUDGMENTs OF TIlE DISTIllerCOURTOF11IE17TIIJUDIClALDISTIUCf, IN AND FOR LOS ANGEllS COUNTY, CALIFORNIA, DESCRIBED ASFOI.
l.OWS:BEGINNING AT A COITONWooD TREE WIDrn IS NORTIJ 50-l/2DEGREES WEST 18.28 0IAlNS FROM A POINT 1.44 CHAINS soum 5 DEGREES EAST FROM THE SOUlliWEST CORNER OF1HED_ BURRUEL lRACT, ANP RUNNING1HENCE NORm 50-1/2 DEGREES WEST 10.84 CHAINSTOASTAKE; lHENCE soum S6 DEGREES WEST 4.81CHAINS: THENCE soum 50-1/2 DEGREESEAST10.86 CHAINS; lHENCE NORTIJ 56 DEGREES EAST 4.81 OIAINS TO TIlE POINT OFBEGlNNlNG, BEING 1HE EASTInY S ACRES OF THE NOR11JW:ESTERLY 20 ACRES OF A TRACf OF50ACRESCONVEYEDBYHENRYWATSONANDWIFE, TO MARGARET SCOIT MIlLAR, BY DEED RECORDED INBOOK95, PAGE 277OF DEEDS, RECORDS
OF LOS.!<NGELES COUNIY, CAUFORNIA.EXCEPTING lHEREFROM, All On.. GAS, MINERALS ANDHYDROCAJUlONSUBSl'ANCES BElOW A DEPTH OF 500 FEET fROM TIIE SURFACE OF SAID LAND, BUT WITHOUTTIlERlGIUOFENTRYUPONANYpORTIONOFTIlESURFACEABOVEADEPTHOF500FEET, FOR ANY PURPOSE WHATSOEVER,AS RESERVED IN TIIE DEED FROM BEltlHA M_ ELSON AND OlEERS, RECORDED JANUARY 4, 1962 IN BOOK 5964. PAGE
3 19 OF OFFlClAL RECORDS.ALSO EXCEPTING lREREFROM, lHA r PORTION L YlNG EASTERLY OF TIlEWESIERLYLINEOFTIIELANDDESCRIBEDINPARCEL1l1.02 OF TIIE DEED TOlHECOUNTYOFORANGE, RECORDED l.Cl'IEMBER IS, 1964 IN BOOK 7218, PAGE 9 OFOFFICIALRECORDS
OF ORANGE COUNTY,CAl.IFORNlA.ALSO EXCEPTING lHEREFROM, lHAT PORTION INCUJDED WITHINPARCELIASDESCRIBEDINDEEDTOTIlEcrrYOFORANGE, RECORDED JANUARY 29, 1975 IN BOOK11331, PAGE
422 OF
SAID OFHClAL RECORDS.PARCEL 8:AIL lHA T PORTION OF TIIE LAND AllOlTED TO T. D. MOTT, ASDESCRIBEDIN1HEFINALDECREEOFPARlUlONOFTIIERANCHOSANI1AGODESANTAANA, WHICH WAS ENTERED SEPTEMBER 12,1868 IN BOOK B, PAGE 410 OF 1UDGMENIS OF 1HE DISTRICTCOURTOF1HE171HJUDICIALDISTIUCf, IN AND FOR LOS ANGELES
COUNTY, CALlFoRNlA. DESCRIBED AS FOLLOWS:COMMENCING AT A COTTONWOOD TIU:EsnuAJU) SOUIH 50-112DEGREESEA.\T 10.84 CHAINS FROM niB NORm CORNER OF A 50-ACRE TRACf OFLANDDESCRIBEDINADEEDFROMHENRYWATSONANDMARYWAlSON, illS WIFE, TO MARGARETSCOTTMIIl..AR, AND RECORDED IN BOOK 95, PAGE 2n OF DEEDS, RECORDS OFLOSANGELESCOUNTY. CALIFORNIA, ANDRUNNING THENCE SmITH 56 DEGREES WEST 7.32aIAlNS; lHENCE soum38DEGREESEAST11.58 CHAINS; THENCE NORlH S6 DEGREES EAST 9.62 CHAINS; AND THENCENORTII50-Ill DEGREEs
WEST 12 CHAINS 10 1HE POINT OF BEGINNING.EXCEPTING lIIEREFROM, 1HA T PORTIONLYINGEASTERLyOFALINEPARAlLELWIlliANDDISTANTWES1ERI. Y 30.00 FEET, MEASURED
AT RIGHT ANGLES FROM TIJE FOLLOWJNG DESCRIBED LINE:BEG1NNlNG AT TIlE INTERSEcnON OF TIlE CEN1ER LlNEOFllNCOLNAVENUE, AS DESCRIBED IN A DEED RECORDED IN BOOK 274, PAGE 365OfDEEDS, RECORDS OF ORANGE COUNTY, WITH THE CENIER. LINE OF GLASSELL STREET, AS SHOWN ON A
MAP OF '
loPbiD Ltngusgt
Cornmionep:OR-
2028697
TlTI.E OFfICER - DA. VID M. NEAl.AMermED
1I1Z101)166,
PAGES I TIIROUGH 4 OF MISCEllANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, SAID POINT
BEING DISTANT NORm 82 DEGREES 08' 20' EAST 136.68 FEET, AS MEASURED ALONG SAID CENTER
J.1NE OF LINCOLN A VENUE FROM AN ANGLE POINT THEREIN, SAID ANGLE POINT BEING ENGINEER'
S STATION 159+45.22, PER PLAN AND PROF.lI..EMAP OF ANABElM-OLIVE ROAD (NOW
LlNCOLN AVENUE). APPROVED DECEMBER 15, 1914 BY S. R FINI.EY; TlIENCE NORm 1 DEGREES 38'
OS" WEST ALONG TIlE NORTIlERL Y PROLONGATION OF SAID cmIER. LINE OF GI.ASSELL STREET,
59.92 FEET TO A TANGEN! CURVE CONCAVE EASTERLY, AND RAVl1'1G A RADlUS OF 1200 FEET:
THENCE NORTIIERL Y N:.ONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10 DEGREES 24' 25",
AN ARC DISTANCE OF 217.96 FEET TO A TANGENrLINE; THENCE NORm 2 DEGREES 46' 17" EAST
N:.ONG SAID TANGENT LINE, 1953.96 FEET.
ALSO EXCEPTING 'llIEREFROM, THAT pORTION INCLUDED WInIIN PARCEL 2 AS DESCRlBED IN
DEED TO TIlE CI1Y OF ORANGE, RECORDED 1ANU.ARY 29, 1975 IN BOOK 11131, PAGE 422 OF
OFFICIAL RECORDS OF ORANGE COUNTY, CAliFORNIA.
PARCEL 9:
BEGINNING AT ^ POlNf IN THE NORlHEASTERl. Y LINE OF IllE PARCEL OF LAND CONVEYED TO
CARL O. HElM AND WIFE BY DEED DAlID MAROll, 1917 AND RECORDED MAY 14, 1917 IN BOOJ(
292, PAGE 158 OF DEEDS, WIDCH POINT IS DISTANT lJIEREON NORm 39 DEGREES 04' WEST 382.36
FEET FROM A POINT IN SAID NORiHEASTERLY liNE DESIGNATIO AS TIlE souiHEAsrE1u.Y
CORNER OF IllE IS-ACRE PARCEL OF LAND CONVEYED TO HERMAN HElM BY DEED
RECORDED NOVEMBER 6, 1890 IN BOOK 9, PAGE 80 OF DEEDS; RUNNING lHENCE soum 55 DEGREES 23'
WEST,PARAllEL WITH 1HI! NORTIlWESIERLY LINE OF SAID PARCEL OF LAND CONVEYED TO
CAIU.O. HElM AND WIFE, 421.07 FEET TO mE SOUTFiWESTERL Y UNE OF SAID PARCEL OF LAND;
THENCE NORm 3S DEGREES 51' WEST ALONG SAID SOUlRWESTERLY LINE, 38226 FEET TO THE
MOST WESTERLY CORNER OF SAID PARCEL OF lAND CONVEYED TO CARL O. HEIM AND WIFE;
TIIENCE NORTH 55 DEGREES 23' EAST ALONG THE NOR1HWESIElU.Y LINE OF SAID PARCEL OF lAND, 419.
62 FEET TO TIlE MOST NORlHERLY CORNER OF SAID PARCEl. OF LAND: TIfENCE SOUTH 39
DEGREES O4'.EAST ALONG TIlE NORTBEAS1ElU. Y llNE OF SAID PARCEL OF LAND, 38237 FEET TO THE
POINT OF
BEGINNING.EXCEl'TING lHEREFROM, THAT PORTION LYINGEAS'IERL Y OF TIIE WESrrRL Y LINE OF TIIE
LAND DESCRIBED IN PARCEL 109.02 Of THE DEED TO THE COUNTY OF ORANGE, RECORDED
SEPTEMBER 15,1964 IN BOOK nl8, PAGE 9 Of OffiCIAL RECORDS OF ORANGE COUNlY,
CALIFORNIA.ALSO EXCEPTING TIlEREfROM, THAT PORTION INCLUDED WITHIN PARCEL 3 AS DESCRIBED
IN DEED TO THECIl'Y OF ORANGE, RECORDED 1ANUARY 29,1975 IN BOOK 11331, PAGE 422 OF
SAID OFFICIAL
RECORDS.PARCEL
10:TIlE NORlHWESTERI.Y 75054 FEET, MEASURED AT RIGHT ANGLES, OF TIIE LAND DESCRIBEDAS
FOllOWS:BEGlNNlNG AT AN OLD STAKE MARKING TIIE SOUIHWESTE1U.Y CORNER Of UIATCERTAIN8.7l1-ACRE PARCEL OF LAND CONVEYED BY AIl.A LU..Y ROBBINS AND OUlERS, TOHERMANREIN,BY DEED RECORDED DECEMBER 2, 1911 IN BOOK 201, PAGE 76 OF DEEDS, SAIDSTAKEBEINGNORm39DEGREES04' 35" WEST 34.86 FEET FROM A. SPIKE IN urn CENl'ER.
lJNE OF ANAHElM-oUVE ROAD, MARKING STATION 159-+4522, AS DESCRIBED IN
urn DEED RECORDED APRil. 21, 1915 IN BOOK 214, PAGE 365 OF DEEDS; THENCE NORm 81 DEGREES 15' 20.
EAST 363.29 FEET, MORE OR LESS, AlONG TIlE NORTIIERl.. Y LINE OF SAID ROAD, TOurn
SOUlliEAST COlU'lER OF THE ONE-QUARTER ACRE TRACT AS DESCRlBED iN DEED
TO HERMAN liEN, RECORDED DECEMBER 26, 1911 JN BOOK 205, PAGE 143 OF DEEDS: UlENCE AT
RIGHT ANGLES.
AloPlain
Lsnguagr Commianem:
OR-
2028697TIl1.E OFFlCEll. DAVID M.
NEAL AMENDEDl\l2Jl}
l)DEGREES 44' 40. WEST108.42 FEET TO TIIE NORTHEAST CORNER Of SAID ONF.-QUARTER
ACRE JRACT OF LAND, SAID POINT BEING ALSO IN THE SOUIH LINE OF SAID 8.70-AOlE
TllAq; tHENCE NORlH 52 DEGREES 54' ')fJ" EAST 61.92 fFEI TO A POINT, SAID POINT BEING DISTANT
SOUTII 52 DEGREES 54' 20' WEST 422.91 FEET fl<<)M THE SOUTHEAST CORNER OF SAID 8.
70-ACRE JRACT;lHENCE NORlH 38 DEGREES 48' 45" WEST U13.60 FEET 10 THF.:" NORm UNE OF
TIlE IS.00-ACRE PARCEL OF LAND CONVEYED BY MARGARET SCOTT MILLAR. AND CYIBERS,
TO HERMAN HE1N, BY DEED RECORDED NOVEMBER. 6, 1890 IN BOOK 9, PAGE 80 OF DEEDS; THENCE
SOUTH 55 DEGREES 14'55' WEST 431.04 FEET ALONG IHE NORm UNE OF SAID 15.00-ACRE
PARCEL OF lAND, TO TIlE NORTHWEST CORNER THEREOf; TIIENCE SOUTIl39DEGREES 04' 35' EAST
1154.52 FEET ALONG THE WESTERLY LINE OF SAID 15.00-ACRE PARCEL OF LAND
AND 1lIE WESTERLY LINE OF SAID 8.70-ACRE PARCEL
OF LAND,
TO TIIE POINT OF BEGINNING.PARCEL 11:11!AT PORTION OF THE LAND AllOTTED TO JOSEF A
YORBA DE SMYmE, AS DESCRIBED IN THE FlNAL DECREE OF PAR1TIlON OF THE RANCHO
SANTIAGO DE SANTA ANA. WInClfWAS ENTERED SEPTEMBER 12, 1868 IN BOO';: B, PAGIl410 OF JUDGMENTS
OF THE DISTRICT COURT Of THE 17TH JUDICIAL DJSTRlCT, IN AND FOR LOS
ANGEI..ES COtJI-ITY, CALIFORNIA, DESCRIBED AS FOLLOWS:BEGINNING AT A POINT IN 1HE NORlHEASTERL Y LINE
Of mE LAND DESCRIBED IN THE DEED TO ROBERT II. PAULUS.'\ND WIFE, RECORDED JANUARY 31,
1958 IN BOOK 4183, PAGE 473 OF omOAL RECORDS. SAID POINT BEING NORm 39 DEGREES
04' 35" WEST 472.40 FEET ALONG SAID NORTHEASTERLY LlNE
AND ITS SOUlREASTERLYPROLONGATION, FROM AN IRON BOLT MARKING STATION 15l>>45.22 IN TIIE
CENlER LINE OF ANA1IEIM-OLlVE ROAD; TIIENCE SOUTH 83 DEGREES 03' 50" WEST 609.n FEET,
PARALLEL WI11I SAID CENlER LINE. TO TIlESOUlHWESTERI. Y LINE OF SAID LAND OF PAUWS; 1HI!NCE NORTII 24
DEGREES 21' 30' WEST 530.51 FEET TO THE NORlHWESTERLY CORNER OF SAID LAND
OF PAULUS; THENCE NORTIl n DEGREES 17' 20. EAST 425.84 FEET TO TIlE NORlHEASTERLY
CORNER OF SAID LAND OF PAUWS: THENCE sourn 39 DEGREES 04'
35" EAST
64838 FEET TO TIIE POINT OF BEGINNING.PARCEL 12:THAT PORTION OF LAND AUOITED TO
lOSE ANrONIO YORBA IN DECREE OF PARTITION OF TIlE RANCHO SANIlAGO DE SANTA ANA, RECORDED IN
BOOK B OF JUDGMENTS OF DIE I
TIH nJDIClAL DlsnuCT COURT OF CALIfORNIA, DESCRIBED AS FOLLOWS:BEGINNING AT THE MOST NOR11Il':
RLY CORNEROF 1HE lAND CONVEYED TO MARGARET SCOTT MII..I.AR BY DEED RECORDED ocroBElt
1882, IN BOOK 95, PAGE m OF DEEDS; lHENCE SOUIHEAS1EU.Y 381.00 FEET
ALONG 1HB NORTHEASTERLY LINE OF ~ LAND, TO TIlE MOST WESTElU. Y CORNER OF TIIE lAND AIl.
01TEO TO JENNIE E BROWN IN DECREE OF DISTlUBUIION fILED UNDER CASE NO. 22157 OF SUPERIOR COURTS, A
COpy OF WlIICH WAS RE<x>RDED JUNE 6,1929 IN BOOK 2n, PAGB 387 Of OffiCIAL RECORDS;
THENCE NORm 40 DEGREES 04' 00. EASl' 796.47 fEET ALONG THE NORlHWESTERL Y LINE
OF SAID BROWN LAND, TO 1HE NORTHEASlElU. Y UNE OF TIIE LAND CONVEYED TO D.P. CRAWFORD
BY DEED RECORDED IN BOOK 96, PAGE 415 OF DEEDS; TIIENCE
NORTIIWESTERLY ALONG TIlE NORTBEASTERLY I1NE OF SAID CRAWFORD lAND TO lHE
MOST NORTIIERLY CORNER THEREOF; lHENCE SOt..rrnWESTERLY ALONG THE NORTHWESTERI. Y LINE OF
SAID CRA WIORD LAND, TO THE POINT OF BEGINNING.EXCEPTING TIIEREFROM. lHAT PORTION
lHEREOF LYING EASTERLY OF TIiE CENrf.R LINE OF GLASSELL STREET, FORMERLY DOWLlNG
AVENUE, AS DESCRIBED IN THE DEED TO THE COUNTY OF ORA!'{GE, RECORDED MARCH 18,
1964 IN BOOK 6966, PAGE 615 OF omOAL RECORDS.ALSO EXCEPTING FROM
SAID LAND, ALL PElROLEUM OILS. MINERALS, GAS AND 01HER HYDROCARBON SUBSTANCES LYING BELOW
A
A1n"""
Comm"m<DI
OR-
2028697 TJTLE OFFICER - DAVID M. NEAL
AMENDEV 1112101)
OF SAID LAND, WIlHOUT ANY RIGHT OF INIRY UPON TIlE SURFACE OF SAID lJ\ND FOR THE
PURPOSE OF EXPLORING FOR, EXlRACIlNG, MINlNG, BORING, REMOVING OR MARKETING SAID
SUBSTANCES, AS RESERVED BY 1. EUGENE MORGAN, MARGARET A- MOORE, WHO ACQUIRED TITLE
AS MARGAlUIT A- MORGAN, AND ROSCOE MORGAN, IN DEED RECORDED NOVEMBER 5, 1963 IN
BOOK 6791. PAGE 284 OF OffiCIAL RECORDS.
I: * * .. * * .. :t
WARNING
7HE MAP ATIACHED HERI:TO MAY Oil MAY NOT BE A SURV\!Y OF TIlE LAND
DEl'lCIID 1lIEIlEON. YOU S1JOULD NOT IlEI.Y VPON IT FOR ANY PUIlI'OSE QJlf(R
TI!J\/I ORIENTATION TO ntt GENElL\L LClCAJX>N OF TIlE PARm. OR PARCElS
DEP1CTED. f'II<ST AMERICAN EXPR.<SSL Y DISa.AlMS ANY LIABIlITY FOR ALl.1;GED
LOSS OR DAMAGE WHICH MAY RESULT f1lDMRELIANCf. UI'O!fTHlS MAP'.
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EXHIBIT "C"
Del Rio Development Plan - City of Orange
Del Rio Development Plan
March 25, 2004
Prepared for:
City of Orange
Department of Community Development
300 East Chaprnan Avenue
Orange, California 92866
Contact: Christopher Carnes, AlCP, Senior Planner
Prepared by:
Elfend and Associates Inc.
1810 1 Yon Karman Avenue
Suite 1260
Irvine,California 92612
Contact: Franklyn R. Elfend
DELRIO
DEVELOPMENT PLAN
Prepared for:
City of Orange
300 East Chapman A venue
Orange, CA 92866
714.744.7220
Prepared by:
Elfend and Associates, Inc.
18101 Von Karman Avenue, Suite 1260
Irvine CA 92612
949.4 77.2090
In Association With:
Austin-Foust Associates,
Inc.Fuscoe
Engineering Michael Brandman
Associates Michael Madden
Associates Summers/Murphy & Partners,
Inc.March 25,
2004 Exhibit "
e"Del Rio Dev.
Del Rio Development Plan
TABLE OF CONTENTS
Section 1 Introduction.......................................................................................................................1-
1 I. t Purpose and Intent..............................................................................................................
I-I 1.2 Location and
Setting ..........................................................................................................1-1 1.3 Project Background
and History ........................................................................................1-2 1.
4 Planning Objectives ................................................................................. ..........................1-8 1.
5 Pre-Development AGreement..........................................................................................
t -16
1.6 Annexation Process........................................................................................................... I-I
7 Section 2 Environm ental Factors ..................................................................................................... 2-
1 2.1 Land Use and Planning ......................................................................................................
2-1 2.2 Hydrology and
Water Quality ......................................................................... ................... 2-6 2 .3 Traffic and
Circulation.................................................. .....................................................2-8 2.4
Recreation, Trails, and Open Space...................................................................................2-
9 Section 3 Development Plan .............................................................................................................3-1
3. I Land Use Plan ....................................................................................................................
3-1 3.2 Description of
Proposed Housing ........................................................ .............................. 3-1 3.3 Community Trails. ............................... .................. ............... ....................... ......................
3-2 3.3. I Identi
fication....................................................................................................... 3-2 3.3.2 Al
ignmentand Phasing....................................................................................... 3-3 3.3.
3 Cost/Financing................................................................................................ .... 3-3 3.
4 Community Landscape Program........................................................................................ 3 -
3 3.4.1 Conununity
Landscape
Concept .............................................. ........................... 3-
4
3.
4.2 Community Monumentation ................................................................................ 3-
6 3.5 Phasing Program ........................................................ ................ ................... ...................... 3-
6 Section 4 Public Facilities
Plan.........................................................................................................4-1 4. I
Circulation.......................................................................................................................... 4-1 4.1.1 Identification .................................................................................... ................ ...
4-1 4. 1.2
Capacities.......................................................................... ..................................4- 3 4. 1.
3 Signals................................................................................................................. 4-3 4. 1.
4 Land........................................ ............................................................................ 4-3 4.
1.5 Phasing and Bonding ..........................................................................................
4-44.1.6 CostslFinancing ................................... ................................ ............................... 4-4
4.2 Water System .....................................................................................................................4-4
4.2. I Identi fication.............................................................................. .........................
4-4 4.2.
2
Capacities............................................................................................................
4-5 4.2.3
Land........................... ..................................................................... ....................4-6
4.
2.4
Alignment, Phasing, and Bonding ......................................................................4-6 4.2.
5 CostslF inancing ................................................................................................... 4-6 4.
3Sewer System................................................................. ....................................................4-6 4.
3. I Identi fication.......................................................................... .............................4-6
4.3.2 Capacities........................................................ .................................................... 4-7
4.3.3 Land............................................................................................................... ..... 4-
7 4.3.4 Alignment, Phasing, and Bonding ......................................................................4-7 4.3.5 CostslFinancing ..................................................................................................
4- 7
4.4 Storm Drain
Del Rio Development Plan
4.4.4 Alignment, Phasing, and Bonding ......................................................................4-
8 4.4.5 CostslF inancing .......................................................................... .--::.....................4-
8 4.5 Water Quality Management ...............................................................................................
4-8 4.5. I
Identificalion............... _....................................................................................... 4-8 4.5.
2 Capacities............................................................................................................ 4-
9
4.
5.3 Land................................................................................. ......................... ..........4-9 4.5.4
Alignment, Phasing, and Bonding ......................................................................4-9
4.5.5 CostslFinancing ................................... .......... ........................ ........ ................... 4-
1 0 4.
6
Electrical
System.................................... .................................. ........................... .............4-10 4.6.
1 Identification............................................... ................................. .....................4-10 4.
6.2 Capacities........... ....................................................... ........ ................................4-10 4.
6.3 Land.................................. .................. ........ ......... .............................................4-10 4.6.
4 Phasing........................................................... .......... ......................................... 4-1 0 4.6.
5 CostslFinancing .... ............ ............................... .......... ........... ............................ 4- t 0
4.7 Sports Park and
Greenway ...............................................................................................
4-
11 4.7.1 Identification ......................................................................................................
4-11 4.7.2 Implementation
and Phasing.............................................................................4-16 4.8
Recreation Trails............................. ............................... ..................................................4-16 4.8.1 Pedestrian
Trails ...................................................................... .................. .......4-16 4.8.
2 BicycleTrail ............................................................................ .........................
4-
17 4.
9 Libraries, Fire, Police,
and
Schools .................................................................................
4-t8 4.
9.
1
Libraries ............................................................................................................4-18 4.9.2 Fire......................................................... ...........................................................
4-1 9 4.
9.3 Pol ice................................... ......................... ....... .............................................4-
20 4.9.4 Schools... ....... .................................... ................. ...............................................4-21
Section 5 Zoning and Development Standards...............................................................................
S-1 5.1 Defmitions.......................................................................................................................... 5-1 5.
I
General
Provisions. ............................................................................................................ 5-4 5.1.
1Purpose and Intent ..............................................................................................5-4 5.1.
2 GeneralProvisions ................................................................... ........................... 5-4 5.3
Methodsand Procedures for Development
PlanImplementation......................................5-6 5.3. I
Implementation.................................... ............................................................... 5-6 5.3.2 Site Plan
Consistency........................................................................................... 5 -7 5.3.
3
Development Plan Amendments ........................................................................ 5-7 5.
4 DevelopmentStandards.................... ................................................................................. 5-75.4. I Residential Development StandardS....................................... ............................ 5-7 5.4.2
Open Space
Development Standards..................................................................5-7
Del Rio Development Plan
LIST OF TABLES
Table
I-
I
1-2
4.1-
1 5.
4-1 Pal!e Summary of Project Issues and
Current Development Plan................................................... 1-4 Comparison of Community
Input and Development Plan ...................................................
1-12 Recommended RoadwaylIntersection Improvements ............................................................ 4-
2 Residential Development
Standards Plan Designations.........................................................5-
9 LIST OF EXHIBITS Exhibit
Follows Pal!e I-I
Regional Location Map ................. .............................................................. ........................... 1-2
1-2 Local Vicinity Map ..................................................................................... ........................... 1-
2
t -
3 Aerial Photograph........ .................................................................................................... ........
1-
2 2-1 Existing Onsite and
Surrounding Land Uses.......................................................................... 2-2 3-
1 Development Plan............... .......................................................................... .......................... 3-2 3-
2 Residential Product Distribution Plan ....................................................................................
3-2 3-3 Community
Trails System Plan.................................................................. ............................ 3-2
3-4 Site Preliminary Landscape Plan................................................................ ............................ 3-4
4- t Circulation Plan............................................................................ .......................................... 4-
2 4-2 Proposed Street
Sections .............. ..........................................................................................4-2 4-3 Proposed
Street Sections........................................................................................................ 4-2 4-4
Location of Recommended Roadway/Intersection Improvements ........................................
4-2 4-5 Conceptual
Water System ...................................................................................................... 4-4 4-6
Conceptual Sewer System...................................................................................................... 4-6 4- 7 Conceptual Storm-
Drain System ....................................................................... ..................... 4-8 4-8 Water
Quality Assurance Plan..................................................................... ........................... 4-8 4-9
Multi-Stage Water Quality "Train'" ........................................................................................4-8 4-
10 Bio-Swale Section A-A ........................................................................... ..................... .......... 4-
8 4-11 Treatment Wetland Section B-
B ............................................................................................4-8 4-12 Residential Open
Spaceand Environmental Enhancement Plan..........................................4-12 4-13 Sports Park Preliminary Landscape
Plan ............................................................................. 4-
12 5-1 Illustrative
Del Rio Development Plan
SECTION I
INTRODUCTION
1.1 PURPOSE AND INTENT
The purpose of this Development Plan is to provide for the orderly development of the Del Rio
property consistent with General Plan Amendment 2003-.03 and subsequent Tentative Tract Map
approvals. The development plan process enables the development of the property with a variety of
residential and recreational open space land uses. Furthermore, the plan incorporates substantial
public benefits such as infrastructure improvements and community services (i.e. sports park and
Greenways).
Responsible development of the property can be ensured through the adoption of a development
control mechanism. The most suitable development control mechanism is the Development Plan
which, when adopted by the City, serves both a planning and regulatory function. The Development
Plan, as such, contains the necessary standards, guidelines, and procedures to implement the policies
and programs of the City of Orange General Plan and is consistent with the Pre-
Development Agreement approved by the Orange City Council on August 15,
2002.The Development Plan will implement an approved land use plan, adopted by the City of Orange
by City Council resolution in conjunction with a General Plan Amendment for the project.
The Resolution will require that information be included in the Development Plan with respect
to development standards, grading; the provision of open space; the completion of public
infrastructure and facility improvements; and the project's interface with adjacent land
uses.1.2 LOCATION AND
SETTING The Del Rio Development Plan project site occupies 73.22 acres adjacenl to, and northwesterly
of,the intersection of Glass ell Street and West Lincoln Avenue (Exhibits 1-1 and 1-2).
The project site lies within unincorporated Orange County and is bordered by the cities of Orang."
and Anaheim. This County island lies within the sphere of influence of the City of Orange. The site is
bounded on the north by the Santa Ana River (and the Cily of Anaheim beyond); on the west by the
RJ. Noble sand and gravel operations; on the south by commercial (equipment rental, nursery supply,
car wash, tire shop, and self-storage), residential (high-density apartments),
and institutional (church) uses (and West Lincoln Avenue beyond); and on the east by Glassell Street (and
the City
of Orange beyond)Exhibit 1-3).The Del Rio Development Plan consists of a lolal of 716 residential units on
54.35 acres, a 10.65 sports park. 7.0 acres dedicated to greenway and bio-swale, and
1.22 acres identified for entry streels,encompassing 73.22 acres within an unincorporated area of the
County of Orange within the City of Orange's Sphere of Influence (See Exhibit 3-1). The
project site is divided into 4 residential planning areas as well as a 17.6-acre combined
sports park, bio-swaleandgreenway. Each planning area and I-I Introduction C:',()ucllle<;h\r~rnp\
I,~" Otr,
c,,",..~II\I(H)
Del Rio Development Plan
the sports park and greenway are tailored to be compatible with the existing sun-ounding land
uses.The major components of the Development Plan for the Del Rio project are described in Section
3.1.3 PROJECT BACKGROUND AND
HISTORY The project site and the adjacent property immediately to the west have been utilized by the R.
J.Noble Company for approximately 50 years for sand and gravel extraction and processing
activities.A Reclamation Plan, approved by the County of Orange in 1982, provides for the rehabilitation of
the site and the sand and gravel operation on the adjacent property, during and after completion of
mining operations. In 1982, the R. J. Noble Company began fill operations that remain on-
going in accordance with existing permits. Placement of fill is monitored and tested by
registered geotechnical engineers (Geo Soils, Inc.). Upon completion of fill operations, the site will be retumed
to near historic elevations (210 to 215 feet mean
sea
level).J;DEL RIO
SPECIFIC PLAN Land planning for the preparation of a specific plan and EIR was initiated with the County
of Orange and City of Orange in early 2000. The Del Rio project site consists of a County "island"
within the City of Orange sphere of influence. A draft Specific Plan Screencheck EIR (SCEIR) was
prepared in March 2000 for a 97.4 acre site (including the existing R. J. Noble sand and gravel facility
at West Lincoln Avenue and the Santa Ana River, and most of the commercial properties along
West Lincoln Avenue). The original project proposed to replace over time the entire aggregate
production facility and selected adjoining uses with a residential and mixed-use
commercial development. Components of the Del Rio Specific Plan
were as follows:A maximum 1238 dwelling units for the entire 97.4 acre site, with
855 dwelling units designated for the property con-esponding approximately to
the
cun-ent project boundary. I Average residential density of 12.
7 dwelling units per acre.A variety of for-sale residential
products, including single-family
detached, townhome,
duplex,condominium, and senior housing.High-density apartments.Low-density residential uses up to
8.7 dwelling units (du)/acre; medium density residential uses up to 16 dulacre;
and high density residential uses up to 35 dulacre.Two local neighborhood parks, encompassing six acres (
or
6% of the overall 97.4 acre project site).
Pump system required to protect residential areas from flooding.5-acre
park site subject to
flooding. acting as a detention basin.Provision to extend Batavia.I The 2000 Del Rio Specific Plan proposed a maximum of
383 dwelling units for the area generally outside the boWldaries of the current project site. "nle overall maximum from the Specific Plan
of 1.238 dwelling OOit5 (du) less 383 du
yields
855 du for the 2003 Del Rio project site.Introduction C.\Llo~utech\T <:nlf'\U" (
lIli~,,'::: I ~
1()III)< ..S<l(.
FOREST
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1.-1
0"
NATIONAL
NEWPORT BEACH
SCALE IN MilES
Exhibit 1-
1 Regional Location
Map DEL RIO DEVELOPMENT PLAN. CITY OF
ORANGE
1A1 CI g
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2004 5 2.5 o
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iI.-!
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1-3
Aerial Photograe!!
DEL RIO DEVELOPMENT PLAN' CITY OF ORANGE21810005. 03/2004
Exhibil"C"
Del Rio Dev. Agreement
Del Rio Development Plan
Table 1-1 provides a summary of key issues and how the Development Plan respondS to the
issues.C.\()u~utech\T.:mp\I.J" Ollicc"~lgl()(~)~_Sc<;(ioQ I.doc 1-
3 Introduction
Exhibil "C"Del Rio
Del Rio Development Plan
City/Couoty DelRio CouceptPlao Developmeot Plao
Comments 07/15/1999 aod 0412612000 Juoe 2003
Drainage
t. Pump system required 10 i of sports park.protect
residential areas v
site drainage.fromtlooding. nd
water quality treatment ponds fi>rnatural fillralion,2. Active sports areas are subjecl
to tlooding. ld environmental enhancement.o
infrastructure of surrounding residential areas.Circulation
t. Access provided to f Batavia extension /Tom County MP AH consistent wilh Lincoln. !alion Element.2.
No commitment to delete 131 on Glassell Street for traffic management.BataviaExtension. 'rovements
at Lincoln/Glassell intersection.vided
from residential areas to Lincoln Avenue.Parkland
1. Active park acts as a 'ports
park/greenway including sports fields, bicycle detentionbasin. an ITails, parking, open play areas, and 2.
5-acre park proposed. tal/educational areas.
can accommodate 4 softball/little league fields
er field overlays.
cHilies provided.
g provided.
vided.
nd volleyball courts provided.
larbeque areas provided.
lsnack bar provided.
1 located on site with pedestrian path access to sports
as detention basin.
Land Use/ I. 1238 units proposed. greenway component comprises approximately 26% ofDensity2. No lower-density
housing designation provided (2-6 ely 50% oflhe sile includessingle-
family detached dula).3.
Project density exceeds y detached housing now adjacenltoGlassellStreetCity'
smaximum
of24 ItS.
dula.lousing proposed.roposed in excess
of City
standards.contlicts miligaled.Greenway I. No Greenway proposed. tcIuded
in Development Plan.
enway/Eco-Pond proposed.d bicycle Irail conneclion proposed
to Ihe Sanla
Anaor trailsystem.C\D"cUl""h\l~mJl\I.aw Oflic~\1181 O(X)~ _ S~'\:
tiQO I,
doc Introduction Exhibit "e"
Del Rio Development Plan
The following is a discussion of the direction provided by the City and Coun~ of Orange and
surrounding communities in relation to the early 2000 Specific Plan.
Land Use and Plannin!!
Project needs to include lower-density residential development. a.nd densities
cannot exceed the City of Orange maximum density of 24 units per
acre.Residential developmenl on the project site must maintain the character of existing
single and multifamily neighborhoods in the surrounding
area.Population and
Housin!!The population and housing section of the EIR needs to contain the most up-
to date population and housing
data available.Hvdrolol!Vand
Draina!!e The proposed project must not employ a pumping system to convey storm
water and sewage from the property as the City rejects this type of drainage plan due to
the potential cost and liability it creates for
the City.The ElR should provide information regarding type of storm events and
return frequency.Utilization of parkland for water retention during a major stOlm event can
be a maintenance concern because of difficulties in siting park improvements and
increases in
recurring costs.The location of the property within the FP-2 (flood plain district)
zoning overlay requires that the potential impact of flooding on the property be addressed
and feasible mitigation,as
appropriate, be provided.
Traffic and Circulation Provision of project access to both Glassell Street and West Lincoln A
venue would allow for
better trip distribution.The City of Orange, based on Resolution No. 7389 approved in 1989,
deleted the Batavia-Riverdale extension from the City Circulation Element although it remains
on both the County's and Orange County Transportation Authority (OCTA) Master
Plan of Arterial Highways (MPAH). The Tratlic Study prepared for the
2000 development identified certain traffic and circulation impacts that would be associated with deletion
of the Batavia Riverdale extension from the Orange County MPAH. An amendment
to delete this roadway from the County's MPAH should be processed through
the OCTA who administers the MPAH and would bring the City's Circulation
Element into confornlity with the County MPAH. Feasible mitigation measures should be provided
for any impacls associated
with this deletion.Miligation measures for traffic and circulation must be adequate to address
the level of significance of impacts, as well as be physically and financially feasible, as
required by the County's
Growth Management Plan.C.\Docut.:cb\T<:ITIjJ\L.llV. ()llice',~I~I()()()5_S""'tion [,
doc 1-
5 Introduction Exhibit "C"
Del Rio Development Plan
Recreation
Development of the project site must be consistent with the County of Orange General
Plan Recreation Element, County of Orange Master Plan of Trails, and the City of Orange
Recreational Trails Master Plan. specifically as these plans relate to the Santa Ana River
SAR) trail.
Parkland contained within the project development should be locat,:d contiguous to the
Santa Ana River, making the park easily available as a rest stop for users of the SAR trail.
Open access to the parkland by trail users is to be maintained.
Future residential development on the project site needs to incorporate parkland of
sufficient size and proper configuration to be of substantial benefit to the community.
Park design needs to address Ihe land use compatibility issues associated with having
recreational uses in close proximity to the existing sand and gravel facility immediately to
the west (e.g. traffic, noise, and dust impacts).
Parkland within the project development should provide for active recreational uses and
incorporate design sensitive to existing users of the Santa Ana River Trail.
1
The park should be optimal for the layout of sports fields.
2003 DEL RIO DEVELOPMENT PLAN
The 2003 Del Rio Development Plan responds to these preceding issues through the incorporation of
project design features that either lessen or resolve issues identified by City and County Staff, and
through community input. These project design features are listed as follows:
PDF-
I
PDF-
2
PDF-3 PDF-4 The sports park is located within the southwest portion of the Del
Rio project site away from Glassell St. and setback
from Lincoln A venue.The location and configuration of the sports park incorporates
site planning and design considerations to allow for the sports fields within the park to be oriented
in a manner to provide minimal exposure 10 the proposed residential areas to
the easl and northeast
within the project site.The sports park/greenway elements, coupled with
building setbacks and community street right-of-way, serve as a buffer between the existing
R. J. Noble sand and gravel facility and proposed residential housing
by providing an average setback of approximately 650 feet (maximum of approximately
1,000 feet
and minimum of approximately 260 feet).The sports park will incorporate the following
design features to address land use compatibility issues (e.g. traffic, noise, and
dust impacts) associated with having Ihe sports park in proximity to the existing R.
J. Noble sand and gravel facility:Sports fields will be set back approximately 70-
90 feet from the park boundary at the Del Rio/R.J. Noble property
line. Total separation between the closest sports fields and the R.J. Noble operation
will be 120-140 feet (including the 50-foot setback if required by the
County of Orange for the sand and gravel operations).A dense
landscape planting zone. approximately 30-50 feet wide. will be established along the
park boundarytoprovideanaturalmethodofdustfiltration,1-6 IntroductionC \Ilo'ut~",
h\T"
mp\La" Olli",,\2181{\()()
Del Rio Development Plan
PDF-
S
PDF-
6
PDF-
7
PDF-8 PDF-9 PDF-lO a visual buffer and backdrop to the sports park,
and a physical barrier between the park and the R. J. Noble site. The
landscaped zone will incluae evergreen leaf trees, coniferous trees, shrubs and groundcovers.
The trees would be expected to grow to a height of approximately 25-60 feet at
maturity (5 to 10 years of age),depending on plant species and variety.
These trees will be at approximate height of 8-20 feet in
2 years and 20-60 feet at 5 years.'A minimum 6-foot
high wall will be constructed along the property line
separating the sports park from the R. J. Noble site.The greenway provides an
approximate 260-foot wide buffer between the R.J. Noble site and the proposed Del Rio
residential areas along the remaining
portion of the R. J. Noble and Del Rio property line.The
greenway will incorporate the following design features to address land use compatibility
issues (e.g. tmffic, noise, and dust impacts) associated with having residential use in
proximity to the existing R. J. Noble sand and gravel facility:A
dense landscape planting zone will be established along the greenway boundary to provide a natural
method of dust filtration, a visual buffer and backdrop to the greenway, and a
physical barrier between the greenway and the R. J. Noble site.The landscaped
zone will be located along the property line and will include evergreen
leaf trees, coniferous trees, shrubs and groundcovers. The trees would be expected to grow to a
height of approximately 25-60 feet at maturity (5 to 10 years of age),
depending on plant species and variety. These trees will be at approximate height
of 8-20 feet at 2 years and 20-60 feel at 5
years.A minimum 6-foot high wall will
be constructed along the property line separating the greenway from the R. J.
Noble site.The ongoing reclamation fill operations for the proposed project will fill the existing quarry pit
to 2 tOto 215 feet mean sea level, an elevation above the 100-year flood
level.A multi-stage treatment system will be developed as
part of the proposed project that will feature bio-retention zones including treatment wetlands and
vegetated swales, positioned between residential uses and the Santa Ana River to ensure
that runoff is processed and filtered before discharge into the Santa Ana River. The
treatment wetlands and bio-swale will be natural-appearing depressions in the land,
designed as integral parts of the open space. The
treatment wetlands and bio-swale will ensure that Santa Ana R WQCB stonnwater runoff and
water quality treatment requirements are met.The
first stage of the treatment system will be a vegetation screen along the bio-
swales and treatment wetlands for trash and litter.The second stage of
the treatment system will be a linear swale system (bio-swale)planted with specific material
and imbedded with highly permeable sand and gravel wrapped in fabric to promote infiltration.
The
long length of this bio-swale will create a lengthy travel path for urban runoff to
infiltrate inlo the substrate
for further
microbial breakdown.
The landscape zone \\ill
contain five different varieties of trees: White Alder. California Pepper.
1
Del Rio Development Plan
PDF-ll The area above the swale will be planted with landscape material specifically chosen
to minimize the erosion potential from runoff while providing vegetative uptake
functions.PDF-12 The bio-swale will drain into a treatment wetland sized to contain the "
first flush" of storm water runoff from the project and acting as a polishing stage
DJr further breakdown of bacteria, nutrients, and
other constituent pollutants.PDF-13 A foot-trail, observation points, and open fencing will be used for
all of the water quality treatment elements to promote the public's awareness of
the urban runoff issue while offering enjoyment opportunities within the greenway
and active park where these treatment
elements will be located.
l 1.4 PLANNING OBJECTIVES The planning objectives of the Del
Rio Development Plan are to:Provide a comprehensive. well-rounded master
plan for the property that addresses environmental, water quality,
drainage,
circulation
and community recreational needs issues.Establish a community with a unique sense of identity,
and high quality of life.Address community circulation-
both vehicular and pedestrian, utilizing available capacity within the existing circulation
system, and provide syslem improvements 10
deficient intersections or road sef,,'ments.Provide a master plan for the property that is
responsive to the concerns and wishes expressed by surrounding residences as well as the City
of Orange and County of Orange.Redevelop the project site with uses
more compatible with surrounding residential areas.Provide for development that will offer for sale
housing opportunities to a range of household incomes, and is responsive
to market demand and increased employment opportunities in the City of Orange and
central Orange County as a whole.Provide an active sports park containing lighted sports fields in this ar<:
a of the City for use after school and at night, helping to satisfY two of
five community goals identified in the City of Orange Master Plan for
Park Facililies, Recreation and Community Services.Promote compatibility with the adjacent Santa
Ana River Open Space and
Recreational Corridor, and surrounding residential uses.Expand recreational opportunities and the range of support
facilities by providing a link to the Santa Ana River trail and creating
a rest stop for trail users.Phase development with availability
of infrastructure and refilling of sileo The Del Rio Development Plan implemenls the City's General
Plan by providing logical and orderly community development and furthering the goals and policies
of the City. The following discussion lists summary statements of General Plan goals and policies
by individual General Plan Elements in ilalics, followed by
an assessment of Development Plan conformance.C\DO~Ul.:<;h\TcDlp\La" Oflkc\2I
1I10005 _ Section
I.do~'1-8
Del Rio Development Plan
Land Use Element
Providingjor a variety of residential dwelling types and densities to meet the housing needs of
all income groups.
The Del Rio Development Plan provides a variety of housing types; detached single family
homes, single-family auto-court and cluster homes, and multi-
family attached homes.Locating development in a manner which maintains compatibility with
surrounding areas and reduces land use conflicts, specifically calling for the annexation of
all County "islands"within
the City limits.The project site is a County of Orange "island" within the sphere of influence of
the City of Orange, and is anticipated for annexation to the
City of Orange.The Development Plan has been designed with special consideration for
surrOlmding land uses.The Development Plan proposes a distribution of residential densities
and residential product type that is consistent with City of Orange regulations and responsive to existing
land uses and residential neighborhoods that surround the project
site (Exhibit 3-1).Planning and design of the Del Rio Development Plan
has been approached comprehensively,with consideration of interface with all existing surrounding land uses and
the need to provide visual and physical screening between the existing R. J. Noble sand and !,'
1'avel operations and the proposed uses within the project site. Several project design
features (PDFs) have been incorporated into the Development Plan to resolve issues identified by
City and County Staff and/or reduce potential land use compatibility impacts associated with the
adjacent R. J. Noble facility. These PDFs (I through 6) relate to: (I) the location of the sports
park to minimize the sports park/residential interface, noise, and night lighting impacts, and to act as
a buffer for the R. J. Noble facility; (2) the design of the sports park to minimize
land use compatibility issues such as traffic, noise, and dust impacts through the siting of
the sports fields, slope construction, landscape planting, and perimeter wall construction; (3)
the location of the greenway as well as the treatment wetland to act as a buffer; and (4) the design
of the green way to minimize land use compatibility issues through slope
construction, landscape planting and perimeter wall construction. PDFs I through 6 are listed in detail
in Section 1.3.The sports park/greenway elements, coupled with building
setbacks and community street right-of-way, will serve as a buffer between the existing R.
J. Noble sand ,md gravel operations and proposed residential housing by providing an
average setback of approximately 650 feet.The slope on the R. J. Noble propelty at the property line would
be at 2:1 (horizontal:vertical),as required by City and County Ordinance. Future finished grade
on the R.J. Noble property would be al Elevation 210-215 feet,
per the County-approved Reclamation Plan. The closest residential structure to the R.J. Noble facility will
be approximately 1,000 feet or the equivalent of 3Y, football fields along a majority of the R. J.
Noble property line. Sports fields will be set back approximately 70-90 feetfrom the park boundary
at the Del Rio/R.I. Noble property line.A perimeter slope, dense landscaping
zone, and minimum 6-foot high wall will be constructed within the park section of the
property line. The screening will lessen traffic, noise,
dust, and aesthetic impacts to future residents and park users.The proposed green way will
provide an approximate 260-foot wide buffer belween the R. J.Noble site and proposed
Del Rio residential uses along the remaining portion of Ihe property line. A perimeler
slope, dense landscaping zone, and minimum 6-fool high
wall will beconstructed within the greenway section of the property line.C\Docut~'Cb"'T
emp'.,b"
Olli~,,\~I~II)OO"_
Del Rio Development Plan
The proposed greenway wiU also abut the Santa Ana River and adjoining Santa Ana River
Open Space and Recreational Corridor. The approximate 100-foot wide greenway and 42.
5-foot wide neighborhood street (32-foot paving width) wiU abut the river corridor
open space.Building set back from the neighborhood street wiU range from 12 to 18 feet,
providing a setback in excess of 150 feet from any
residential structure.The location of the sports park within the southwest portion of the project site
wiU minimize thesports park/residential interface, and noise potential for proposed and
existing residential areas. The lighting for the sports fields is to be oriented inward to the park in order
to minimize intrusion of night lighting into proposed and existing residential areas. Medium
density multi-family attached homes in Planning Area 4 will interface with the sports park,
transitioning into low medium and medium density residential uses in Planning Areas 1,2, and 3 (See
Exhibit 3-I). The majority of multi-family attached homes will be screened and oriented
away from
the sports park.The distribution of residential densities and residential product types proposed by
the Del Rio Development Plan is responsive to the existing land uses and
residential neighborhoods that surround the Del Rio project site, and the need for a range of housing unit type
and price levels within the City of Orange. The proposed low medium density areas within
Planning Areas 2 and 3 in the Del Rio site adjoins existing medium-density
condominiums and apartments along GlasseU St. The proposed medium density multi-family area within Phuming
Are 4 in the Del Rio site adjoins existing medium density apartments along GlasseU
St. and Lincoln Ave. The location of proposed residential uses in proximity to
existing residential uses of comparable densities wiU ensure compatibility of the proposed
project with surrounding land uses.Maintaining open spaceresources jar the purpose
of providing recreational
opportunities and conserving natural resources.The Del Rio Development Plan provides for the development of 17.
65 acres total of both passive and active recreational uses, to be integrated
with the existing recreational facilities within the Santa Ana River (SAR) Open Space and Recreational
Corridor along the site's northern and western borders. The recreational facilities
and water quality treatment elements wiU be constructed by the property owner. Parking for both the active
park and the
SAR trail wiU be provided.The Del Rio Development Plan incorporates 10.65 acres of
active park, situated in the southwest portion of the project site. The active park
will accommodate lighted sports fields.AdditionaUy, the active park's design includes the integration
of a water quality treatment wetland, which
wiU be a seasonal element.The Del Rio Development Plan containsa 7.0-acre greenway,
3.45 acres of which are contained within an approximate 100-foot wide
area paraUeling the Santa Ana River Open Space and Recreational Corridor; with the remaining 3.
55 acres providing a buffer between the existing R.J. Noble sand and gravel
operations and the proposed low medium density residential development contained within Planning Areas
lA and 18. The 7.0-acre greenway,integrated with the active park to form a total open space
area of 17.65 acres. wiU paraUel the Santa Ana River Open Space and Recreation Corridor, and
then curve to tie in with the active park. The greenway
wiU provide for environmental habitat enhancement, natural filtration,educational opportunities, and viewing areas, to
be incorporated into the park's function. A footpath, sitting areas. and a viewing deck
wiU be designed around the wetland. The footpaths wiU connect with the SAR corridor'
s recreational open space. An educalional kiosk will provide information on the Santa Ana River
andthe surrounding habitat. The bio-swale will be C\J>Ocuk'l;h\
Temp'\La"
Otfice\~Il\IO005 5enion
Del Rio Development Plan
situated within the greenway and will include a pedestrian path and sitting areas. Direct access
to the Santa Ana River Corridor trail system is to be provided at the northwest end of the
section of the greenway paralleling the Santa Ana River.
The Del Rio Development Plan configures the sports park to be of substantial benefit to the
community, especially in terms of accommodating lighted sports fields, and in providing open
access to the park and rest stop facilities for Santa Ana River trail users.
Providing an improved and expanded street system to meet the circulation needs of the
community.
The Del Rio Development Plan provides for a project circulation system that is responsive to
direction provided by the City and County of Orange as well as the sUfi'ounding conununity.
Primary project access is provided off Glassell Street, and secondary access is provided off W.
Lincoln Avenue. A network of public and private roadways are provided within each
residential area. The project circulation system deletes the Riverdale/Batavia extension in
compliance with the City's Circulation Element and expressed desire to delete the extension
from the Master Plan of Arterial Highways (MPAH). The Del Rio Development Plan provides
for off-site roadway/intersection improvements through project mitigation measures for
traffic and circulation. Please refer to Section 4, Public Facilities Plan for additional details
regarding
circulation.Involving the public in the planning and decision-
making process.The Del Rio Specific Plan incorporates conununity input from residents
of surrounding residential areas regarding drainage, circulation, parkland, and land use/
density. Specific conununity input by issue area is presented in
Table 1-
2.Circulation Element Providing a comprehensive circulation system that serves the needs of
the existing community and meets
projected traffic demands.The Del Rio Development Plan provides for a project circulation system that
is responsive to direction provided by the City and County of Orange as well as
the surrounding conununity.Primary project access is provided off Glassell Street, and secondary access is
provided off W.Lincoln Avenue. A network of public and private roadways are
provided within each residential area. The project circulation system deletes the Riverdale!
Batavia extension in compliance with the City's Circulation Element and expressed desire to
delete the extension from the Master Plan of Arterial Highways (MPAH). The Del Rio
Development Plan provides for off-site roadway/inlersection improvements through project
mitigation measures for traffic and circulation. Please refer to Section 4, Public Facilities Plan
for
additional details regarding circulation.Discouraging through traffic in residential neighborhoods
with
appropriate traffic control strategies.The Development Plan incorporates a system of local streets
designed to discourage through Iraffic. Through traffic will be accommodated by W. Lincoln
Avenue and Glassell Street Roadway/intersection improvements will be made along
both roadways through projeCI miligation measures
for traffic
and circulation.
I-II Introduction Exhibit "
COO Del Rio Dev. Agreement C.'J)O~ul".:b\I"mp'.I.~.... omc,,',~
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Del Rio Development Plan
Using developer contributions and development agreements to ensure that all new
developments are adequately served by roadways constructed to City standaffls.
Through the Del Rio Pre-Development Agreement and participation in the City'
s Transportation System Improvement Program, offsite roadway/intersection improvements
will be accomplished according to City
standards.Designing and maintaining city streets so that they are aesthetically
pleasing.The Del Rio Development Plan incorporates a detailed landscape concept plan
addressing streetscape design. As such, streetscapes have been designed to promote community
character and complement the form and function of the various
roadways.Housinl!:
Element Encouraging the provision of housing to meet the needs of all residents .'if the City of
Orange within the various income
ranges.The Development Plan provides for a variety of housing opportunities: single-
family detached homes, single-family autocourt and cluster homes, and
multi-family attached homes.Promoting energy conservation efforts in the
construction of new housing.All development within the Del Rio project will comply
with the energy conservation requirements and standards established by the California Energy Commission
and Titles 20 and 24
ofthe California Administrative Code.Open
Space and Conservation Element Protecting, preserving, and enhancing open space resources
for active
and passive recreational purposes.The Del Rio Development Plan provides for thedevelopment of 17.6:5
acres tolal of both passive and active recreational uses, to be integrated with
the existing recreational facilities within the Santa Ana River (SAR) Open Space and Recreational Corridor
along the site's northern and western borders. Parking for both the active park and the
SAR
trail will be provided.The Del Rio Development Plan incorporates 10.65 acres of active
park, situated in the southwest portion of the project site. The active park will
acconunodate lighted sports fields.Additionally, the active park's design includes the integration of
a water quality treatment wetland, which will
be a seasonal element.The Del Rio Development Plan contains a7.0-acre greenway, 3.
45 acres of which are contained within an approximate 100 foot wide area paralleling
the Santa Ana River Open Space and Recreational Corridor, with the remaining 3.55 acres
providing a buffer between the existing R.J. Noble sand and gravel operations and
the proposed low medium density residential developmenl contained within Planning Areas IA and
lB. The 7.0-acre greenway,integraled wilh the active park to form a total open space area of
17.65 acres, will parallel the Santa Ana River Open Space and Recreation Corridor, and Ihen curve
to lie in with the active park. The greenway will provide
for environmental habilal enhancemenl, natural filtration,educational opportunilies, and viewing areas, to be incorporated
into Ihepark's function. A C:\Docul.xb\Temp\Lav> OHicc\~18IUOl)'
i_Section
I,doc 1-13
Del Rio Development Plan
footpath, sitting areas, and a viewing deck will be designed around the wetland. The footpaths
will connect with the SAR corridor's recreational open space. An educ:rtional kiosk will
provide infonnalion on the Santa Ana River and the surrounding habitat. The bio-swale will
be situated within the green way and will include a pedestrian path and sitting areas. Direct
access to the Santa Ana River Corridor trail system is to be provided at the northwest end of
the section of the greenway paralleling the Santa Ana
River.Requiring new developments to contribute park acquisition and development fees to ojJset
the increased demand on City facilities and
programs.The 17.65 acres of open space (I 0.65-acre active sports park and 7.0-
acre greenway) proposed by the Del Rio Development Plan more than meets the City's parkland requirement
of 6.55 acres for a total of 716 housing units. Provision of the 17.65 acres of open space
is over two times the parkland standards as set forth in the Quimby Act, and will help meet
the demand for recreation facilities now being experienced in the vicinity of the project
site. The recreational facilities and water quality treatment elements contained within the open space
area will be constructed by the property owner. The recreational facilities will be
constructed by the property owner on parkland dedicated to the City in lieu
of park fees.Implementing the City of Orange Master Plan for Park Facilities,
Recreation and Community Services and the City Recreational Trails Master Plan, and
implementing and enhancing County open space planning efforts within the Santa Ana River Open
Space
and Recreational Corridor.The open space component of the Del Rio Development Plan is in compliance
with all adopted City recreation plans and policies. The open space component and
active park contained within the Del Rio Development Plan will satisfY City requirements for on-
site park needs and facilities, help to meet current area demand for recreation facilities, and
be easily accessible as a rest stop for users of the Santa Ana River trail. The active park complies
with the goals, park standards, and reconunended actions for future park planning and
implementation of parks as
identified by the City.The City of Orange Master Plan for Park Facililies,
Recreation and Conununity Services recognizes the Del Rio property as a possible location for a sports
park integrated within a residential development component. Provision of a sports park will
help to satisfY Community Goals # I and #2 of the Park Master Plan: to develop additional sports
practice and game fields Goal #1), and to develop additional lighted sports fields (Goal #
2). Pru~ect implementation will assist the City of Orange in providing a well-planned and
coordinated
public park and trail system.The open space component of the Del Rio Development Plan is
also in compliance with all adopted County recreation and open space plans and policies.
The Del Rio Development Plan preserves and enhances the Santa Ana River Open
Space and Recreational Corridor bordering the project site by establishing an approximate 100-foot wide area
along the site's north/west border to expand the corridor. and by providing open
space with active and passive recreation opportunities contiguous to the Corridor. As requested by
the County of Orange, the proposed project will provide a rest stop for users of the Santa
Ana River trail, and facilitate bicycle commuting opportunities for residents
oftheprojectsiteandvicinity.Introduction C.lOo.;ut.x:b\T"rnpll.a"
OfflC,,\2181UOlJ~
Scctioo I.doc 1-
Del Rio Development Plan
Preserving open space areas that are significant in terms of aesthetic and visual resources.
The Del Rio Development Plan preserves and enhances the Santa Ana River Open Space and
Recreational Corridor bordering the project site by establishing an approximate 100-foot
wide area along the site's north/west border to expand the corridor, and by providing open
space with active and passive recreation opportunities contiguous to the Corridor. The
approximately tOO-foot wide greenway and 42.S-foot wide neighborhood street (32-
fool: paving width) will abut the river corridor open space. Building setback from the
neighborhood street will range from 12 feet to 18 feet, providing a setback in excess of 150 feet
from any residential structure.This setback is consistent with the Open Space Component of
the Orange County Resources Element and the County of Orange comments in June 2000 (Table
1-1) desiring a ISO-foot Santa Ana River Greenbelt setback. The proposed project will provide
a rest stop for users of the Santa Ana River trail, and facilitate bicycle
commuting opportunities for residents
of the
project site and vicinity.Safety Element Pursuing every effort to protect the life and
property of Orange
residents from flood-related risks and hazards.The Santa Ana River Channel has been improved
to provide flood protection for a storm approximating the 200-year storm
event. Implementation of the Del Rio Development Plan will result in refilling of the site within the
Reclamation Plan Fill Area to historic elevations of 210 to 215 feet mean sea level. By raising
the elevation to historic levels, this area will
become exempt from mandatory flood insurance purchase requirements.Ensuring that the City of Orange
Police Department has
adequate resources to meet existing and projected demands.The City of Orange Police Department
has indicated that additional manpower needs will not be created by this project because the
proposed project is an in-fill development allowing the City Police Department to
provide law
enforcement services wilhout increasing the number of palrol officers.'Ensuring that the City of
Orange Fire Prevention Bureau
has adequate resources to meet existing and projected demands.The City of Orange Fire
Prevention Bureau has indicated it has facilities and resources adequate to manage anticipated calls from the project and
that it will not ask at this time for additional resources or manpower to provide
service to the project site4 In addition, the City of Orange Fire Prevention Bureau will review
the design of the project at the subdivision level of planning and will ensure that provisions
of the City of Orange Municipal Code and General Plan Safety Plan,
California Fire Code. and California Building Code are enforced.Personal conmlUnication. City of Orange
Police Department. Lt Brad Beyer, November 29, 200 I Personal comnllmication, City of Orange Fire
Prevention Bureau, Fire Marshal Tom Groseclose. Febmary 6. 2002.CIDoculechlT "lllr1L3W Otl,C""~
I K
l()(~)" _ S.xlion I
Del Rio Development Plan
Noise Element
Considering noise impacts in future land use planning and decision making, and enforcing
noiselland use compatibility standards and the City's Noise Ordinance.
The Development Standards for the Del Rio Development Plan have incOlporated both State of
California and City of Orange interior (45 dB CNEL) and exterior (65dB CNEL) noise
standards for the development of residentiat areas.
Protecting noise sensitive land uses, especially residential neighborhoods, from noise sources.
Development Standards of the Development Plan will comply with City and State exterior
noise standards for residential areas. Project Design Features (PDFs) 1-6, as listed in
Section1.3 of the Development Plan document, reduce potential environmental impacts (e.g.
traffic,noise, and dust) associated with implementation of the proposed project. Specific measures
to reduce potential noise impacts are discussed in the following
paragraphs.
f'
H~Perimeter walls, berms or other noise attenuation features will be erected along the eastern
site perimeter at homes within approximately 175 feet of the Glassell Street centerline of
sufficient height to reduce exterior traffic noise to 65 dB CNEL or less. For those residential
dwellings to be exposed to existing traffic noise, additionat upgrades would be employed (
dual-paned windows, etc.) to meet the City of Orange 45 dB CNEL interior standard if
exterior building facade levels exceeded 65
dB CNEL.Project design will include noise masking features including walls, landscaping
buffers and building setbacks (as specified in PDFs 1-6 in Section 1.3) to minimize
sports
park noise levels.The Del Rio Project includes substantial setbacks and landscape screening
to mitigate the adjacent sand and gravel operations, resulting in a predicted
residential noise exposure associated with the existing operations at well below the 65 dB
CNEL residential siting criterion. The proposed project is designed as such that the sports park will provide
a 930 foot buffer zone berween the proposed residential units in Planning Area 4 and
the existing sand and gravel operations to the west of the site, With the addition of walls
and landscaping, which will assist in masking noise intrusions, as well as the community street arId
associated right of ways, the total set back will be over 1,000 feel for the nearest residential
units within Planning Area 4 in relation to sand and gravel operations. Additionally, the
greenway provides an approximately 260-foot buffer zone between the residential units in Planning
Area I and the R.J. Noble property line. Actual sand and gravel operations,
however, are located further southwest of the property line between Planning Area I and the R.
J. Noble property, thus providing a greater buffer zone of 1,000 feet, at the interface of the
residential units and sand and gravel operations. Project design includes several features that
will further reduce the likelihood of noise impacts, including community landscaping along
the project site boundary and along the perimeter of the residential units, community walls located
at the project site boundary, as well as water quality
treatment ponds and trails.
1.5 PRE-DEVELOPMENT AGREEMENT A Pre-Development Agreement between Ihe City of Orange and
Del Rio, LLC. the property owner,was approved by the Orange City Council on August 15,
2002. The primary purposes of the agreement are: (I) to establish a framework of guidelines
and procedures for the processing of requested land use entitlements for the proposed Del Rio residential
project; and (
2) to provide the1-16Introduction c.'.noculech"T"
Del Rio Development Plan
property owner and City staff with preliminary conceptual feedback from the City Council about the
proposed project. The Pre-Development Agreement requires that the property owner comply with
the requirements of the California Environmental Quality Act (CEQA) prior to the approval of any
re-zoning or developmenl of the Del Rio
property.A typical development agreement contains conditions governing further processing of
future discretionary approvals and to some extent, provides entitlements for a developer to build a
project.The Pre-Development Agreement between the City of Orange and Del Rio, LLC, while not
at the level of a development agreement, is designed to accomplish some development agreement goals,
i.e.,establishing parameters for future processing, efficiency and public benefits beyond
which might otherwise be obtainable. Also, the Pre-Development Agreement freezes the land
use rules and regulations applicable to the future development of the property as of the date of execulion
of the
Pre-Development Agreement.The major provisions of the Pre-Development
Agreement are as follows:A proposed project consisting of 716 residential units varying in
density, and II-acre sports park with lighted fields for baseball and soccer, two acres
of landscaped bioswale open space,off-site traffic improvements, and four additional acres of open
space and
trail along the Santa Ana River.A maximum term of five years with a requirement that the project
site be annexed
to the City within thee years.The application of city laws and policies related to the processing
of the project that are in effect at the time the agreement is executed. However, the
Developer will be subject to those processing fees that exist at the time the project is brought
forward and impact fees will be subject to a cost inflator base on the Engineering Cost Index,
which the City commonly uses to adjust at
least some of its impact
fees.1.6 ANNEXA nON PROCESS In order to implement the proposed annexation, the City would
submit an application for review and approval to the Local Agency Formation
Commission (LAFCO) for Orange County. LAFCO reviews proposals for the formation of new local governmental
agencies and for changes in the organization of existing agencies such as
annexations. LAFCO regulates the boundary changes proposed by other public
and quasi-public agencies or individual landowners.The City has notified LAFCO of their desire to proceed with the annexation
of the 73.22 acre Del Rio property. Accordingly, the City is moving forward with
the
annexation and has begun the following
steps:Obtained annexation consent from property owner.Entered into a Pre-development agreement for the
Del Rio property (approved by the City
of Orange City Council
on August 13, 2002).Begun the Pre-zoning process.C:\Docul~cb\T"mp\Law
Otlk,,\lI81{)()()~_
S,,~'\ion I_do,-
Del
Rio Development Plan Conummicated
with Orange County pertaining to the City/County annexatio"""greement.Proceeded
in the completion of the EIR for eventual certification for the proposed annexation and
entitlements being sought by the property owner.1:
Cc\[)
o<.-'Ut<'Ch\T"",p\I","Ollicc\211l1()()()5__S.:<;tion 1 do<;1-18 Introduction Exhibit "
e"Del
Rio Dev. Agreemenl
Del Rio Development Plan
SECTION 2
ENVIRONMENTAL FACTORS
The environmenlal considerations for Ihe Del Rio Development Plan include the following:
Land Use and Planning
Hydrology and Water Quality
Traffic and Circulation
Recreation, Trails, and Open Space
2.1 LAND USE AND PLANNING
Land use patterns in the area are an important component of the project setting. The City and County
of Orange, and surrounding communities provided direction regarding project design and the
project's relation to land use and planning issues. The resolution is a development plan that reflects a
pattern of land uses that are considered compatible with the urban setting and the existing surrounding
land uses.
Land Uses and Phvsical Conditions On-
site Fill activities to reclaim the project site have been ongoing since 1983 when extraclion of all
feasible sand and gravel resources had been completed. The fill site comprises the bulk of the 73-
acre project site. A containernurseI)' (temporal)' use) occupies approximately 3 acres in the northeast
comer of the site, along Glassell Street. The R. J. Noble commercial crushing operation is located
in the western portion of the site. An aerial pholo of the project site and surrounding areas is
provided in Exhibit 2-1. Currently, perimeter elevations of the site range from 210 to 215 feet
mean sea level msl). The currenllowest portion of the old mining pit, located toward the south-
central portion of the site, is roughly 135 to
t 40 feet msl.A Reclamation Plan approved by the Counly of Orange in 1982 enabled fill
operations to begin. The site continues 10 accept fill according to the Reclamation Plan based
on market conditions and availability of fill material. There are currently no restrictions on the amount
of on-site fill permitted.Refilling of the mining excavation has occurred under review,
testing and reporting by professional geotechnical engineers (GeoSoils, Inc.) in anticipation of reuse of the
site. Upon completion of fill operations, the site will be returned to near historic elevations (
210 to 215 feel msl).A drainage inlet within the Santa Ana River Channel
Right-of-Way (ROW), allowing drainage from the project sile to be discharged into the Santa Ana River, was
approved as part of the Rough Grading Plan for the property approved by the County of Orange
on
May 27, 1988 (Permit No. GP88-197325).C \D"mt~~h\T"mp\La" (lU'i~~ 21 M 10005 S~":
I;on
2.do~2-1
Del Rio Development Plan
Surroundinl! Land Uses
RJ. Noble Sand and Gravel Operations
A sand and gravel facility, operated by R. J. Noble, is located west of the project site within the
triangular-shaped property bounded by the Santa Ana River channel and West Lincoln Avenue on
the northwest and south, respectively (Exhibit 2-1). On-site mining operations in
this location ended several years ago. The current facility producesabout 400 tons/hour of asphalt
paving material, with a maximum daily capacity of 10,000 tons. Current annual production is about 400,
000 tons.' Trucks capable of holding 20 tons of material haul in the raw materials, which are
dumped, separated, and stored in holding bins. The plant generally accepts about 3,000 tons/day. The material
is then mixed and loaded onto trucks for hauling out for road surfacing. The entire facility is lighted
24 hours per day as required by OSHA. The plant operation is fully permitted by the South
Coast Air Quality Management District and mitigates air quality emissions under the mandate of
the Air
QualityManagement
Plan.
0;
l'
t
ti Setbacks City and County codes regulate setbacks between sand and gravel operations and adjacent
uses. The Sand, Gravel and Mineral Extraction Code of the Environmental Management Agency (
EMA) for Orange County, 9 7-10-30 (A)(I)a states that "no excavation activities shall be
carried on within fifty 50) feet of the common property line of any parcel of land not used
for the same purpose."Therefore. to be in compliance with the referenced code, any and all sand
and gravel and/or excavation activities must be setback at least 50 feet from the R.
J. Noble property line.According to the City of OrangeTitle 17-Zoning. Chapter 17.
32-Sand and Gravel Extraction District,917.32.060 Operational Standards, B(I)-Setbacks, "No
excavation activities shall be carried on within 50 feel of the common property line of any parcel of land not
in the Sand and Gravel District."This provision is consistent with the County EMA code
discussed above,
and the same
standards would apply.Hours of Operation According to the City of Orange Title 17-Zoning, Chapter
I7. 32-Sand and Gravel Extraction District,917.32.060 D( I )-Day and Hours of Operations,
all processing and excavation activities are limited to Monday through Saturday between the hours of 6:00 a.m.
and 8:00 p.m. However, the Planning Commission may approve operating hours of
6:00 a.m. and 10:00
p.m.' by issu:mce of a conditional use permit, but only upon the finding that the
increased hours of operation Vl'ill not unreasonably burden nearby residents. Further exceptions to
the time limitations referenced above may occur if I Personal Communication,
Jim Grace, President. Del Rio LLC. October 2001.Conditional Permit/Use Variance CP-9831lN -983 limits operations at the RJ. Noble facility
to the hours of 6:00 a.m. to 6:00 p.m.
with nooperations on Sundaysexcept under certain conditions.C\DtKlIte..:hITemp\La'" Ollic,,\
21l\IOIlO~_
S"C1iun 2.110"
Source: Fuscoe Engineering, Spring 2001
Michael Brandlllan Assoeiak's
Exhibit 2-
1 Existing Onsite and Surrounding Land
Uses DEL RIO DEVELOPMENT PLAN. CITY OF
ORANGE
iI. ...J[J~[J~
OD 21810005 . 03/
2004 Exhibit "
e"Del Rio Dev.
Del Rio Development Plan
prior notice is given to the Director of Public Works and the operations are such that they require a
continuous pour" of concrete or in the case of public emergency.
County of Orange standards for sand, gravel, and mineral extraction activities are contained in the
Sand, Gravel and Mineral Extraction Code of the Environmental Management Agency (EMA).
Standards are also outlined in Orange County Zoning Code Section 7.9-104 SG "Sand and
Gravel Extraction" District Regulations. Neither document specifies allowed hours of operation.
Operation of the adjacent sand and gravel facility are governed by the COWlty of
Orange.Dust Controls/Air
Pollution The adjacent sand and gravel facility operates Wlder South Coast A ir Quality Management District'
s SCAQMD) Facility Permit to Operate, ~ 103-1. The SCAQMD facility permit requires
thai "the operator ... keep materials charged and in process sufficiently moist to prevent
fugitive dust emissions." The permit does not authorize facility emissions in excess of those allowed
by the general rules of the SCAQMD. The City's Zoning Code defers threshold establishmenl
to the SCAQMD, while the Grading Plan and the County's Sand and Gravel District
regulations reiterate the fact that the permittee is responsible for dust control measures for both the site operations
and the haul routes used to transport product aroWld
and offsite.
Noise Controls According to the City of Orange Title 17-Zoning, Chapter 17.32-Sand
and Gravel Extraction (SG)District, ~ 17.32.060, (P)-Noise and Vibration Control, "All equipment and
premises for the conduct of the uses permitted shall be constructed, maintained and operated as to
eliminate noise or vibration to persons living in the vicinity. Internal combustion engines shall be equipped
at all times with mufflers
in good working condition."The City of Orange Noise Ordinance for residential areas limits noise levels to
55dBA between 7:00 a.m. and 10:00 p.m., and to SO dBA between to:OO p.m. and 7:00 a.m. The
Noise Element from the City's General Plan elaborates on the noise limitation by stating that any
property owner or operator cannot exceed the above noise standards when measured on any
other residenlial property for cumulative time periods ranging from 0 minutes to 30 minutes, depending on
the level of the temporary noise increase as
measured in additional dBAs.The Orange County Code of Ordinances, Division 6 Noise Control, specifi"
s noise level limits identical 10 the City of Orange standards for residential areas noted above (55dBA between
7:00 a.m.and 10:00 p.m.. and 50dBA between 10 p.m. and 7.am.). Division 6 further states
that "It shall be unlawful for any person at any location within the unincorporated area of the
County 10 create any noise, or to allow the creation of any noise on property owned.
leased, occupied. or otherwise controlled by such person, when the foregoing causes the noise level. when
measured on any other residential property, eilher incorporated or unincorporated, to exceed: the
noise standard for a cumulative period of more Ihan thirty (30) minutes in any hour; or the noise
standard plus
five (5)Environmental Factors C\Do.:ul~"Ch\h:mr\i.a" Olli.:<:\~ 1 ~ I 0005_
S~.:tiOD ~
do.:2-3 Exhibil "
Del Rio Development Plan
dB(A) for a cumulative period of more than fifteen (15) minutes in any hour; or the noise standard
plus ten (10) dB(A) for a cumulative period of more than five (5) minutes in any hour; or the noise
standard plus fifteen (t5) dB(A) for a cumulative period of more than one (I) minute in any hour; or
the noise standard plus twenty (20) dB(A) for any period of time."
Other Surrounding Land Uses
The overall area surrounding the project site is urbanized, with the majority of land surrounding the
project site already developed (See Exhibit 2-1). The Santa Ana River, contained within the
Santa Ana River Open Space and Recreational Corridor (as designated in the Recreation Element of
the County of Orange General Plan), lies adjacent to and north/northwesterly of the project
site.Properties on the northside of West Lincoln Avenue adjacent to the project site include high
density apartments (zoned R-3), a self-service car and truck wash, equipment rental, nursery
supply, tire shop,and self-storage facility. Land uses on the west side of Glassell Street abutting
the project site include multi-family residences (condominiums, zoned R-3), a
two-story office building, a daycare/school,and a medical office building. Land
uses immediately east of Glassell include single-family residences (zoned R-I-7, 7,
000 square feet minimum lot area), multi-family residences (zoned R-3),local commercial, and Olive
Park, a City of Orange neighborhood park, approximately 8 acres in size.Land uses
immediately south of Lincoln include single-family residences (zoned R-I-6, 6,000 square
feet minimum lot area and R-I-7), multi-family residences and mobile home park (zoned
R2-
6(A),
duplex residential permitted as an accessory use, 6,000 square feet minimum lot area), and
local conunercial.Compatibility Analvsis The project's emphasis on compatibility contemplates the surrounding existing land uses in
relation to the interface of proposed onsite land uses. Project design includes a land
use pattem that consists of residential housing and recreational
open space that is considered to be compatible with the surrounding residential, conunercial, office, educational,
and industrial land uses.There is potential for conflict between development as proposed under
the Del Rio Development Plan and the adjacent R. J. Noble sand and gravel
operations. Potential incompatibilities concern traffic,noise, dust, and aesthetics. In an effort to reduce these
potential environmental impacts, several project design features (PDFs) have been incorporated into the Del Rio Development Plan. PDFs
I through 6, as listed in Section 1.3 and sununarized as follows, will
act to physically and visually screen the existing R. J. Noble
sand and gravel operations from the proposed project:The sports parklgreenway elements, coupled with building setbacks
and community streel right-of-way, will serve as a buffer between the
existing R. J. Noble sand and gravel facilily and proposed residential housing by providing an average setback of approximately
650 feel.The slope on the R. J. Noble property at the property line would be
at 2: I (horizontal:vertical),as required by City and County Ordinance. Future
finished grade on the R. J. Noble property would be at Elevation 210-215 feet. per the County-
approved Reclamation Plan. The closest residential structure in PA4 to the R. J. Noble facility will
be approximately
1,000 feet or
Del Rio Development Plan
equivalent of 3'1, football fields along a majority of the R. J. Noble propelty line. Sports fields
will be set back approximately 70-90 feet from the park boundary at the DeT RiolR.M.
Noble property line. A perimeter slope, dense landscaping zone, and minimum 6-fool high
wall will be constructed within the park section of the property line. The screening will
lessen traffic,noise, dust, and aesthetic impacts to future residents and
park users.The proposed greenway will provide an approximate 260-foot wide buffer between
the R. J.Noble site and the proposed Del Rio residential areas in PA I along the remaining
portion of the property line. A perimeter slope, dense landscaping zone, and minimum 6-
foot high wall will be constructed within the greenway
section ofthe property line.The proposed greenway will also abut the Santa Ana River and
adjoining Santa Ana River Open Space and Recreational Corridor. The approximately 100-foot
wide greenway and 42.5-foot wide neighborhood street (32-foot paving width) will
abut the river corridor open space.Building setback from the neighborhood street will range from 12
feet to 18 feet, providing a setback in excess of
150 feet from any residential structure.Special design features to
be incorporated into the park, include:An approximate 70-90 foot wide setback of the sports fields
from the park boundary at the
Del Rio/R.J. Noble property line;A dense landscape planting zone along
the park boundary including evergreen leaf
trees,coniferous trees, shrubs and groundcovers; and A minimum
6-foot high wall along the property line.The location of the sports park within the southwest
portion of the project site will minimize the sports park/residential interface, and noise
potential for proposed and existing residential areas. The lighting for the sports fields is to be oriented inward to
the park in order to minimize intrusion of night lighting into proposed and
existing residential areas. Multi-family residential uses in Planning Area 4 will inlerface with the
sports park, transitioning into medium density residential uses in Planning Areas 1,2 and 3. The multi-family
units
will be screened and oriented away from the sports park.The distribution of residential
densities and residential product types proposed by the Del Rio Development Plan is responsive
to the existing land uses and residential neighborhoods that surround the Del Rio project site, and the need for a range
of housing unit type and price levels within the City of Orange. The proposed low medium density areas
within Planning Areas 2 and 3 of the Del Rio site adjoins medium
density condominiums and apartments along Glassell St. The proposed medium density multi-family area within Planning
Area 4 in the Del Rio site adjoins existing medium density apartments along Glassell
St. and Lincoln Ave. The location of proposed residential uses in proximity to
existing residential uses of comparable densities
will ensure compatibility of the proposed project with surrounding land uses.The projecl will nol
result in substanlial division of the physical arrangement of an
established community. The community surrounding Ihe projectsite is already urbanized.C:\Docul""h\Ternpl[,
a" Otlict:\~
lllJl)(l\)'_ S~clj,,"
Del Rio Development Plan
1
1
2.2 HYDROLOGY AND WATER OUALITY Drainae:e
The site
borders the Santa Ana River on the north and west. The watershed for the Santa Ana River Channel includes
three counties: Riverside, San Bemardino, and Orange Counties. Flood control facilities consist
of Seven Oaks Dam in San Bernardino County and Prado Dam in Riverside County approximately 14
miles upstream), controlling flood flows from Riverside and San Bernardino Counties. Orange
County Water District (OCWD)-maintained ground water recharge basins are located across
the River and extend approximately 1.5 miles upstream.i n
j
The
project
site is protected from the 100-year flood by the Santa Ana River levee. The City of Orange
Master Plan of Drainage, dated March 1997, designated the project site as Open Space within Watershed
No.3. The runoff included in this watershed includes 6 parcels outside the project boundary
along Lincoln Avenue and Glassell Street, but it did not include the project site. This watershed
drains southerly approximately 2000 feet to Fletcher Basin and outlets to the Santa Ana River
via a trapewidal channel called Fletcher Channel, also known as Orange County Flood Control District
Facility EIO. Because the project site was excluded from the watershed, Facility EIO has no capacity
to accept any additional runoff generated from the project site.I
Utilization
of the project site as a sand and gravel operation created a quany pit near the center of the property.
The total area that drains into this pit is approximately 92 acres. The entire 73-acre project
site drains into this quarry pit, as well as the approximately 19-acre parcel adjoining the project site
to the west, which contains the R.J. Noble sand and gravel operations. All of the runoff from the
two properties collects in this quany pit and percolates into the ground. The soil type for the project site
is categorized as hydrological soil group "D", which indicates a maximum infiltration rate of0.
2 incheslhour. A 100-year storm event would generate 5.63 inches
of
rain.i The project site is shown on Flood Insurance Rale Map (FIRM) No. 06059C0014F.
FIRM maps designate areas that are within the floodplain of the 100-year or 500-year storm
event and these areas are divided into different flood hazard zones. The zones are determined by the
type of flood analysis performed. The amount of predicted flooding and insurance purchase
requirements vary with
the
different designated zones.5 The area of the project site not contained within the quany pit is designated as "
Zone X" and is defmed as "Areas of 500-year flood: areas of IOO-year flood with
average depths of less than one foot or with drainage areas less than one square mile; and
areas protected by levees from tOO-year flood". Mandatory flood insurance purchases are not required for
Zone X designations. The pit in the interior portion of the project site is designated as "Zone A"
and is defined as "No base flood elevation determined". Mandatory flood
insurance purchase requirements apply to the property containing the Reclamation Plan fill area, until refilling to hisloric
elevalions of 2lO
to 215 feet mean sea level occurs.C:\1)ocut<.'Cb\Te~\Law OIl;c~\!1810(~)'\.
Sc<:tion ~.
do~2.6 Environmental
Del Rio Development Plan
A storm drain connection will be provided to the adjacent property to the west containing the R.J.
Noble sand and gravel operation to temporarily accommodate runoff from that loc.rtion. The Del Rio
project site will accept offsite runoff from the adjacent R.J. Noble property until the RJ. Noble
property is retumed to historic elevations (210 to 215 feet msl).
The Santa Ana River Channel has been improved to provide flood protection for a storm
approximaling the 200-year storm event. In the vicinity of the project, the design capacity of
the Santa Ana River Channel is 40,000 cubic feet per second (cfs) with a design water surface
elevation of 205 feet. The proposed development will generate approximately 220 cfs of storm water in a
100-year storm event into the channel through a double cell culvert (3' high x 5'
wide).The storm drain system for the project site will extend into the property via underground pipes
of various sizes. Runoff would be conveyed by a curb and gutter system into catch basins and
the underground storm drain piping system 10 control runoff from the individual residential and
open space areas, safely discharging project runoff through a multi-stage treatment system into
the Santa Ana River Channel and providing 100-
year flood protection.A drainage inlet within the Santa Ana River Channel Right-of-
Way (ROW), allowing drainage from the project site to be discharged into the Santa Ana River, was approved as
part of the Rough Grading Plan for the property approved by the County of Orange on May
27, 1988 (Permit No. GP88-197325). An encroachment permit from Orange County Flood
Control District to operate and maintain the drainage inlet within Orange County's Santa Ana River ROW
will be obtained to allow continued discharge of site drainage
into the Santa Ana River.Elevalion of the project site will be raised above the 100-
year flood elevation. Storm water facilities will be provided on-site to adequately serve
the proposed
residential and open space development.Water Quality Under current conditions, the existing quarry pit acts as
a desilting and filtering basin for sediment and other pollutants associated with the ingress and egress of
large truck equipment on the project site and adjoining property, and the stationary
quarry equipment present on the adjoining property.Hydrocarbons and other vehicular pollutants such as brake dust
and tire rubber are assumed to be
present along with some trash and sediment.The Del Rio Development Plan incorporates project
design features that will reduce the potential hydrologic and water quality impacts. The project
will contain a multi-stage treatment system that will fealure bio-retention
zones, including wellands and vegetated swales. The bio-swale and treatment wellands will be positioned between
the urban uses and the Santa Ana River insuring that runoff
isprocessed and filtered before being discharged into the River.C\I)rn;u(~'Cb\Tcmp\Law ()!lic~\ll H I (
J()\l~ _
Se<;t;n" 1
li
Del Rio Development Plan
Groundwater
The Orange County Water District (OCWO) monitors groundwater levels in the project vicinity
annually. The groundwater table over a four-year monitoring period (October 1994 to October
1997)ranged in elevation from 81. 7 feet to 61.0 feet msl (mean sea level). The groundwater table under
the project site has been estimated at approximately 55 feet msl, which is approximately 153 feet
below the
surface.To protect underlying groundwater quality, the proposed project will not withdraw groundwater
for any water usage. The project includes a multi-stage treatment system that features
treatment wetlands and a bio-swale to permit the filtering of the urban runoff for water quality
purposes. The urban runoff will infiltrate into the ground
for bio-chemical treatment.The proposed treatment wetlands and bio-swale will not adversely
effect groundwater quality due to the sufficient depth of the groundwater table. The proposed
project will contribute to groundwater recharge, providing cleaned and filtered
runoff
through the bio-retention process.
I 2.3 TRAFFIC AND CIRCULATION Regional access to the project site is provided by the Orange
Freeway (SR-57) via an interchange at Lincoln Avenue, by the Riverside Freeway (SR-91)
via an interchange at Kraemer Boulevard, and by the SR-55 Freeway via an
interchange with Lincoln AvenuelNohl Ranch Road. lbe principal arterial roadways in the study area are
Lincoln Avenue, Glassell Street, Batavia Street, Tustin
Street, La Palma Avenue, Taft Avenue and Riverdale Avenue.Glassell Street and West Lincoln Avenue, to
the east and south, respectively, are the primary traffic corridors abutting the project. The primary entry to Del
Rio will be off of Glassell Street across from Richland Avenue. This entry will include
a new traffic signal for traffic management. The addition of this traffic signal on Glassell Street will
also improve access to Glassell Street from the residential neighborhoods off of Richland Avenue. A secondary
entry is located off of Wf:st Lincoln Avenue.The provision of project access to both
Glassell Street and Lincoln Avenue allows for better trip distribution than in the original 2000 plan. Access
to the two roadways was requested by City and County of Orange
Staff in their comments on the original 2000 plan.The primary entry street into Del Rio is intended
to be a "boulevard" with tree-lined parkways and a central median. No driveways will be
allowed off of the entry boulevard, thus allowing for
an enhanced and safe entry for both vehicles and pedestrians.The entry boulevard will
terminate at an inlersection, which may incorporate landscape and paving elements, streel furnishings, signage
and slreet lamps. Access is provided from this inlersection, via smaller streets lined
with landscape parkways, to the various residential neighborhoods, the sports park
and the greenway abutting the river corridor recreational open space.C\DO<;Ul",-,h\T~-mp\Law
otr,e~'.
21810005 _ Senion l.doe
Del Rio Development Plan
2.4 RECREATION, TRAILS. AND OPEN SPACE
The planning of future parks in the City is addressed in the "City of Orange Master Plan for Park
Facilities, Recreation and Community Services" (November 1999). The Master Plan for Park
Facilities identifies community goals relating to parks and open space and includes an implementation
plan that recommends park standards, addresses acquisition opportunities, IUld identifies capital
funding mechanisms to acquire or provide park and recreation improvements. The Master Plan for
Park Facilities recognizes the Del Rio property as a possible location for a sports park integrated
within a residential development component. The Plan states that "if residential development is being
considered for this site, it shall include park acreage to meet the City's standard, based on increased
population and need resulting from that development.'" The establishment of a Del Rio Development
Plan Development Agreement will provide "... another mechanism through which parks and
recreation improvements can be acquired or provided.'''' The City can approve projects specifYing the
type and density of development allowed with conditions and considerations in return for
concessions, such as parks and open space. A Pre-Development Agreement was approved by the
City Council on August 15, 2002, which provided for an II-acre sports park with lighted
fields for baseball and soccer, two acres of landscaped bioswale open space, and four additional acres
of open space and trail along the Santa Ana River. The Del Rio Development Plan is also compatible
with the adjacent Santa Ana River Open Space and Recreational Corridor by including direct
trail connections from the sports park and green way along the entire length of the property adjacent to the
Santa Ana River (
SAR) trail.The parkland requirement for the Del Rio Development Plan has been estimated using
a projected populalion factor for the project area and vicinity of 3.05 persons per dwelling unit,' utilized
in the demand analysis included in the Parks Master Plan. The development of 716 dwelling
units as proposed would, therefore, result in an increase of 2184 persons within the project area.
Utilizing City of Orange local park policy and the State of California Quimby Act standard of 3 acres
of parkland per 1,000 residents, the project would need to provide a total of 6.55 acres of parkland (
2,184 persons/I 000 persons = 2.184 population factor x 3 acres =6.552 or 6.55 acres of
parkland required).The Del Rio Development Plan would provide for
the following:The development of 17.65 acres total of both passive and active recreational uses,
to be integrated with the existing recreational facilities within the Santa Ana River (
SAR) Open Cit:y of Orange Master Plan for Park Facilities. Recreation, and Community Services. prepared by
purkiss~rose-rsi,November 1999.
pp 73. 74.City of Orange Master Plan for Park Facilities. Recreation, and Community Services.
prepared by purkiss-rose-
rsi.November 1999. p 76.The City of Orange Master Plan for Park Facilities. Recreation. and Community
Services. (prt:pared by purkiss-rose-rsL November 1999). cites ao average household size of 3.05 persons per
household (p. 41). yielding a projected population ithio the Del Rio Development Plan site of 2184 persons. The
California Department of Finance (OOF) indicates that average household size increased to 3.09 persons per household In the City of
Orange in year 2000. The DOF average household size of 3.09 was utilizedin the Draft ELR in Section 4.2 Population
and Housing
to estimate a population of 2212 persons.C.\I)"m",~h\ r"mplLaw omce'.;
11110005_ St,..:
tion ;.dn~2-9
Del Rio Development Plan
Space and Recreational Corridor along the site's northem and western borders. The
recreational facilities will be constructed by the property owner on parkland-dedicated to
the City in lieu of park fees. The recreational and water quality treatment elements within
the greenway will also be constructed by the property owner. Parking for both the active park
and the SAR trail will be
provided.Incorporation of 10.65 acres of active park, situated in the southwest portion of the project
site Exhibit 3-1). The active park will accommodate lighted sports fields. Additionally,
the active park's design includes the integration of a water quality treatment wetland, which will
be a
seasonal element.The provision of the 17.65 acres of open space (1O.65-acre active sports park
and 7.0-acre greenway) will assist the City in obtaining its parkland standards as setforthintheQuimbyAct, and help meet the demand for recreation facilities now being experienced
in the vicinity of the project site. Provision of a sports park will help to satisty Community Goals #
t and #2 of the Park Master Plan, listed in Section t.4, Open Space
and Conservation Element sub-section
of this Development Plan document.A 7.0-acre greenway, 3.45 acres of which are contained withina100footwideareaparallelingtheSantaAnaRiverOpenSpaceandRecreationalCorridor;
with the remaining 3.55 acres providing a buffer between the existing R.J. Noble sandandgravelfacilityandtheproposedresidentialdevelopmentcontainedwithinPlanningAreaI (
See Exhibit 3-]). The 7.0-acre greenway, integrated with the active park to form a total open
space area of 17.65 acres, will parallel the Santa Ana River Open Space and Recreation Corridor,
and then curve to tie in with the active park. The greenway
will provide for environmental habitat enhancement, natural filtration, educational opportunities, and viewing areas,
to be incorporated into the park's function. A footpath, sitting areas, and a viewing
deck will be designed around the wetland.The footpaths will connect with the SAR
corridor's recreational open space. An educational kiosk will provide information on the Santa Ana
River and the surrounding habitat. The bio-scale will be situated within the greenway and will
include a pedestrian path and sitting areas.Direct access to the Santa Ana River Corridor trail system
is to be provided at the northwest end of the section of
the greenway paralleling the Santa Ana River.The approximate 100-foot width of the greenwayparallelingtheSantaAnaRiverOpenSpaceandRecreationalCorridorcoupled
with a neighborhood street right-of-way, will provide a setback between the Santa
Ana River and the nearest residential structure of approximately 150 feet. ThegreenwaywillabutexistinglandscapingwithintheRiverCorridor, creating additional separation
between the Santa Ana River and the nearest residential structure.Configuration of the sports park
to be of substantial benefit to the community, especially in terms of accommodating lighted sports fields,
and in providing open access to the park
and
rest stop facilities for Sanla Ana River trail users.Exhibit 4-12 in Seclion 4
of this document contains a Recreational Open Space and Environmental Enhancement Plan reflecting park
facilities for planning purposes only. The City of Orange will arrive at an actual design for
the sports park after community input is received. All recreational facilities and water
quality treatment elements will be constructed by the property owner.The project as proposed provides park
acreage over two times the amount required by City standards.The 17.65 acres of open space (10.65-
acre aclive park and 7.0-acre greenway) will satisty the City requiremenl of 6.
55 acres of parkland associated with the predicted population increase of 2184 persons, with an excess of 11.1
acres over and above City requirements (17.65 acres provided _ 6.55 C\J)oculcch\T~
mp\La"
otlicc\!181000~_S'-'Cli()
Del Rio Development Plan
acres required ~ 11.1 acres in excess of the requirement). The City currently provides 1.5 acres of
parkland per 1,000 residents excluding joint use facilities and 2.06 acres/1000 population with joint
use facilities. With the addition of the 2,184 persons associated with the Del Rio Development Plan
and the 17.65 acres of open space proposed, Ihe project would increase the citywide ratio to
approximately 1.7 acres and 2.17 acres of parkland per 1,000 persons, without and with joint use
facilities, respectively.
C\D"~lIlcchrcmr\La" Otlicc\21810015_S..,Cliou 2.doc 2-11 Environmental
Factors Exhibit "
C-Del Rio Dev.
Del Rio Development Plan
SECTION 3
DEVELOPMENT PLAN
3.1 LAND USE PLAN
The Del Rio Development Plan consists of a total of 716 residential units on 54.35 acres, a 10.65
sports park, 7.0 acres dedicated to a greenway and bio-swale. and 1.22 acres identified for
entry streets, encompassing 73.22 acres within an unincorporated area of the County of Orange within
the City Orange's Sphere of Influence (See Exhibits 3-1 and 3-2). The project site is
divided into 4 residential planning areas as well as a sports park and greenway. Each planning area
and the sports park and greenway are tailored to be compatible with the existing surrounding land
uses. The major components of the Land Use Plan for the Del Rio project
are described below.3.2 DESCRIPTION
OF PROPOSED HOUSING A total of 716 residential homes are proposed. The 716 homes will occupy
approximately 54 gross acres within the Del Rio project (See Exhibits 3-1 and 3-2).
The proposed distribution of residential densities and residential produCI type is in response to the
existing land uses and residential neighborhoods thaI surround the Del Rio project. Low medium
density single, family detached as well as autocourt homes are proposed in Planning Areas IA/2A and
IB/2B, respectively, in the northern portion of the project site. Planning Areas I A & 2A (Exhibits
3-1 and 3-2) propose a residential density of approximately 7.3 and 7.6 dwelling
units per acre (DU/A) respectively, on 12.50 gross acres. Planning Areas t Band 2B propose a
residential density of approximately 9.6 and 9.1 DU/A, respectively, on 14.0 gross acres. These detached
homes will be adjacent to the Tamarin Orange condominiums, and will be
compatible with the existing single family detached neighborhoods on the east of Glassell
Street across from the Del Rio project.Low medium density single family cluster homes are proposed
in Planning Area 3 in the eastern portion of the project site adjacent to Glassell Street, and
will be compatible with the existing single family detached neighborhoods on the east of Glassell
Street across from the Del Rio project.Planning Area 3 proposes a residential density of approximately 12.2
DU/ A on 10.02 gross acres.Medium density mull i-family attached homes are located
in Planning Area 4 internal to the southern portion of the project site, and are
compatible with the existing medium density residential apartments located adjacent to the Del Rio project along
Glassell Street and W. Lincoln Avenue. Planning Area 4 proposes a residential density of approximately 20.8 DU/
A on 17.83 gross acres. The southern portion of the project site is also
screened from the existing single family detached neighborhoods east of Glassell Street and south of
W. Lincoln Avenue by the existing intervening attached residential neighborhoods. Surrounding land uses
are discussed in detail in Section 2.1.All of the proposed residential densities fall within
the residential density categories of the City of Orange. An overall project density
of approximately 9.78 DU/ A isproposed.C",llocut.xh\T.:mp\La" Omc,,\
21111000~ _S~'>:
I;'lIl ,'.dOl'3-
Del Rio Development Plan
The Recreational Open Space and Environmental Enhancement Plan (Exhibit 4-12, contained
in Section 4) illustrates the sports parklgreenway elements. Exhibit 4-12 incorPorates
a Master Landscape Plan illustrating the proposed landscape treatment for the project site.. Exhibit
4-12 also shows potential park facilities for planning purposes only. The City of Orange will arrive
at an actual design for the sports park after community
input is received.3.
3 COMMUNITY TRAILS 3.
3.1 IDENTIFICATION Exhibit 3-3 shows the proposed location ofthe community's trail system. The
trail system consists of a network of pedestrian and bicycle trails connecting the community to the
sports park, greenway, and adjacent Santa Ana River Open Space and Recreational Corridor. This trail
system will provide the opportunity for pedestrians and bicyclists to travel and recreate within
the community safely and increase public access to the recreational and open space amenities provided
within the Del Rio community as well as the adjacent
Santa Ana River Corridor.The Del Rio project will incorporate the alignment and other
necessary provISIons for the development of the following trails within the project as shown on Exhibit 3-
3. These trails will be easily accessible from the Del Rio residential
neighborhoods, thus
providing an
integrated recreational opportunity.Bicvcle Trails A bicycle trail will extend from W. Lincoln Avenue to the sports park.
This trait will extend through the sports park 10 the Greenway, connecting to the bicycle trail in the
Santa Ana River Open Space and Recrealional Corridor. The bicycle trail will also provide access to/
from
the Del
Rio residential neighborhoods.Pedestrian Trails:Pedestrian trails will be located within the community's
Greenway with connections to the community's Sports Park, the adjacent Santa Ana River trail system,
and
the Del Rio residential neighborhoods.The trail system will be designed and implemented in cooperation with the
City of Orange. Prior to approval of the first tentative tract map, the property owner/developer shall
submit a plan showing the general alignment and location of the pedestrian and bicycle trail system
to the City Parks Department for review. Prior to the approval of each final tract map, the
property owner/developer shall submit the final alignment of the pedestrian and bicycle trails within that tract
to the City Parks Department
for final review and approval.C\Do~ul\Xb,;T <:IIlJIIl.aw Ollicc\2181000'_ ""..:
tion ),due
3-2 Development Plan
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Del Rio Development Plan
3.4.1 COMMUNITY LANDSCAPE CONCEPT
The community landscape concept as shown on Exhibit 3-4 is intended to provide identity
and character to the various land uses and community elements within the Del Rio Development
Plan.The community landscape concept enhances the various residential neighborhoods, parks,
greenway,streets and open spaces within the community through the imptementation of a common
theme.Landscape features have been designed to enhance the projects interface with the
surrounding community and adjacent land uses. The landscape concept exhibit provides planting criteria for
all manufactured slopes, interface zones and streetscape areas. Additionally, the landscape
concept includes details for community fencing
types.
I Detailed landscaping plans including fencing and irrigation information will be reviewed
and approved by the City's Design Review Board during the preparation of subsequent tentative maps
and site
plans.
I
r;The elements of the landscape concept plan are described
below.Interface
Slopes These slopes are located along the perimeter of the project and provide an interf:lce with the
adjacent R. J. Noble property. These slopes will be planted to provide a landscape buffer and as an
extension of the landscape planting within the project's sports park and greenway. Plantings will consist
of coniferous, evergreen leaf and deciduous trees, as well as shrubs and groundcovers that blend
and transition the overall community theme with the surrounding community and land uses. The
trees would be expected to grow to a height of approximately 25-60 feet at maturity (:5 to 10 years
of age),depending on plant species and variety. These trees will be at approximate height of 8-20
feet in 2 years and 20-60 feel at 5 years. The landscape zone will contain five diffen:
nt varieties of trees:White Alder, California Pepper, London Plane Sycamore, Pine, and
Eucalyptus. Emphasis will be made on buffering unsightly conditions
while maintaining potential views.Interface slopes will be planted with a combination of 5-gallon. 15-gallon
and 24" box trees that shall be installed in sizes consistent with individual root to shoot
growth ratio (approximately I tree per 500 square feet). These areas will also be planted with a combination
of t and 5 gallon shrubs approximately one shrub per
250 square feet)
and ground cover.Interior Planted Slopes These slopes, which primarily face the interior of the
project (primarily within the project's greenway) will be planted with a selection of trees,
shrubs and groundcovers which will provide consistency throughout the interior projecl
scheme. These plantings will possess water-conserving characteristics consistent with the future planned development
areas. Trees and shrubs will be localed so as not to interfere with potential views from the site
while helping
to provide
a buffer tosurrounding areas.DevelopmentPlanC\.Do<:lIIL'ChIT.:mplJ.,.."
Offic.:\2.
18100Il' 5ection J.doc
Del Rio Development Plan
3.3.2 ALIGNMENT AND PHASING
The precise alignment of the trail system will be in accordance with the City's Recreational Trails
Master Plan and as shown on the Development Plan. Construction of the trail system will occur
simultaneously wilh adjacent development of the area in which the trail is located and as provided on
the tentative tract maps, and approved by the City.
At the conclusion of site grading, the trail system shall be open for public use. The bicycle trail width
shall be to feet within a to-20 foot wide easement. The pedestrian trail width shall be 5 feet within
a 10-20 foot
wide easement.3.3.
3 COSTIFINANCING Development of the onsite trail system as shown on Exhibit 3-3,
including planning, designing,grading and necessary trail improvements, will be the [mancial responsibility of
the developer, and shall be improved in accordance with plans to be approved by the
City of Orange.Maintenance of the onsite trail system is anticipated to be the responsibility of the
City of Orange,Del Rio Homeowners Association and/or a Landscape Maintenance District. The
maintenance of the onsite trail system shall be determined prior to the approval of the first [mal tract map
of the project.Other open space areas within the project are anticipated to be maintained by
a community
landscapemaintenance district.3.4
COMMUNITY LANDSCAPE PROGRAM The community landscape is intended to establish a consistent atmosphere between
the Del Rio community and the surrounding land uses. As such, this section contains
the design concepts,guidelines and special treatment plans for the implementation of the landscap'" within
the Del Rio Development Plan area. These concepts, guidelines and special treatments
are intended to:Enhance the aesthetic characteristics
of the community;Promote a consistent character of development
and community identity;Create a pleasing visual image for community
residents and visitors;Provide fire safety treatments including a fuel modification program
for community protection,
where applicable; and Enhance the open space areas
of the community.The major elements of the Del Rio Landscape Program as discussed in the
following sections include:Community
Landscape Concept;
and CommunityMonumentation.Docute<:h,[ "mp\Law OIfl<:c'.21 M IOOIlS _"""lion J doL'3-
3 Development
Plan Exhibit "C'Del
Del Rio Development Plan
3.4.1 COMMUNITY LANDSCAPE CONCEPT
The community landscape concept as shown on Exhibit 3-4 is inlended to provide identity
and character to the various land uses and community elements witIlln the Del Rio Development
Plan.The community landscape concept enhances the various residential neighborhoods, parks,
greenway,streets and open spaces within the community through the implementation of a common
theme.Landscape features have been designed to enhance the projects interface with the
surrounding community and adjacent land uses. The landscape concept exhibit provides planting criteria for
all manufactured slopes, interface zones and streetscape areas. Additionally, the landscape
concept includes details for community fencing
types.
t
t
i Detailed landscaping plans including fencing and irrigation information will be reviewed
and approved by the City's Design Review Board during the preparation of subsequent tentative maps
and site plans.
i The elements of the landscape concept plan are described
below.Interface
Slopes These slopes are located along the perimeter of the project and provide an interface with the
adjacent R. J. Noble property. These slopes will be planted to provide a landscape buffer and as an
extension of the landscape planling witIlln the project's sports park and greenway. Plantings will consist
of coniferous, evergreen leaf and deciduous trees, as well as shrubs and groundcovers that blend
and transition the overall community theme with the surrounding community and land uses. The
trees would be expected to grow to a height of approximately 25-60 feet at maturity (5 to 10 years
of age),depending on plant species and variety. These trees will be at approximate height of 8-20
feet in 2 years and 20-60 feet at 5 years. The landscape zone will contain five
different varieties of trees:White Alder, California Pepper, London Plane Sycamore, Pine, and
Eucalyptus. Emphasis will be made on buffering unsightly conditions
while maintaining potential views.Interface slopes will be planted with a combination of 5-gallon, 15-gallon
and 24" box trees that shall be installed in sizes consistent with individual root to shoot
growth ratio (approximately I tree per 500 square feet). These areas will also be planted with a combination
of I and 5 gallon shrubs approximately one shrub per
250 square feet)
and ground cover.Interior Planted Slopes These slopes, which primarily face the interior of the
project (primarily within the project's greenway) will be planted with a selection of trees,
shrubs and groundcovers which will provide consistency throughout the interior project
scheme. These plantings will possess water-conserving characteristics consistent with the future planned development
areas. Trees and shrubs will be localed so as not to interfere with potential views from the site
while helping
toprovide abuffer to surrounding areas.C-\Do~ut<<h\T "mp\Law Ot1lc,,\
2181000~_ Section
3.doc 3-4
I
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Del Rio Development Plan
Interior slopes will be planted with a combination of 5-gallon, I 5-gallon and 24" box trees
installed in sizes consistent with individual root to shool growth ratios (approximately one tree to
every 700 square feet). These areas will also be planted with I and 5 gallon shrubs possessing
strong rooting characteristics, and a combination
of groundcovers.Inherent in the interface slopes and interior slopes treatment program is provision for
erosion control,which will be accomplished through mixed plantings of groundcovers, shrubs and trees
as
discussed
above.Streetscaoes Streetscapes have been designed to promote community character and complement the
form and function ofthe various streets (i.e. collector streets and local streets). Streetscape treatments
will be established along collector streets and local streets within the Del Rio community. All
streets shall include City approved street trees averaging one tree per 45 feet of roadway for collector
streets and one tree per lot with three trees per corner lot on all local streets (t 5 gallon minimum
size). A minimum five-foot wide landscape parkway will be provided along both sides of
all collector
and local streets.The master streetscape plan will consist of trees, shrubs and groundcovers that
are selected to establish a distinct character or theme for each neighborhood. Consistency will
be achieved through the use of plant materials selected from the master list of plants established for
each
streetscape or neighborhood.Glassell Street will be improved with an enhanced landscape median and street
trees within the sidewalk along that portion of Glassell Street abutting the Del Rio project, per plans
that will be prepared by the Developer and approved by the
City of
Orange.Community Entries The landscape concept for community entries consists of special
landscape treatment, monumentation and lighting to identify entry into the Del Rio project. Entryway treatments and
monuments will be designed to promote a strong community image. Residential neighborhood/product
entries will focus on individual character associated with the various product type, yet maintain a
consistency of theme
within the community.The following recommendations are suggested as general
guidelines for community-wide implementation
of the landscape concept:Plant materials should be used to integrale architectural forms with
the l:mdscape. Expansive horizontal or vertical forms should modulate or be
interrupted by foliage masses.Landscape setbacks along the project's perimeter should
effeclively
buffer undesirableoff-site VIews.C\Uo<;utechITemp\Law Otlke\~ 1 X I O(~IS _ S"'-1:ion
3_do~
3-5 Development Plan
Del Rio Development Plan
Streetscape plantings along community collector streets should maintain a cOl1Sistent landscape
character with separate neighborhood/product statements.
Community entries into Del Rio should be accent points, providing view corridors into the
community, announcing entry and introducing the theme and character of the community
through the use of trees and accent shrub plantings.
To conserve water, drought resistant plant species will be utilized where feasible.
Landscaping details, including fencing, project walls and monuments, should enhance the
theme ofthe community and serve to identifY individual neighborhood/product areas.1
3.4.2 COMMUNITY MONUMENT AnON
Major community entry monuments have been shown on the community landscape concept plan to
defme the community identity and project entry (Exhibit 3-4). Detailed design standards for
the implementation of monumentation signs within the community are provided in Section 5.4.3 of
this Development Plan document, and illustrated in Exhibit
5-
5.
I 1 The major community entrance/access points will be treated with targe-
scale monument signs,lighting and plant materials to identifY entry into the community. Neighborhood/
product entry signs will have similar character to reflect the community
identity and concept.3.
5 PHASING PROGRAM Development of the property is generally expected to start in the easterly quadrant of
the site along Glassell Street and proceed in a westerly direction. Prior to approval of the tentative
map, a phasing plan for development of the site shall be submitted to the Community
Development Director for approval by the Planning Commission and City Council. The phasing plan
shall address issues including but not limited to site drainage, circulation, site reclamation,
utilities
and NPDES
compliance.Development Plan C,\Docutecb\T .:mp\l,a'~ (lITi",,\118100(l5_ S"",-
iou :; doc
3-6 Exhibit"C"
Del Rio Development Plan
The Circulation Plan provides a primary entry street that serves the residential areas and connects to
the sports park. The main access to the project site is off of Glassell Street and a secondary access is
provided off of Lincoln Avenue. The Circulation Plan also contains a network of public/private
roadways within each individual residential area. Table 4.1- t lists recommended
roadway/inlersection improvements. Exhibit 4-4 shows interseclion
location.TABLE 4.
1-1 RECOMMENDED
ROADWAYIINTERSECTlON
IMPROVEMENTS Intersection . .Nwnber CorrespondsJo Exhibit . ....City Year. Recommended
Roadway/ Intersection
Improvements 4-4) . .. . ....1. Sun kist St at Lincoln Ave Anaheim 2025 Restripe Lincoln Avenue
to provide a third westbound
through lane. Widen and/or restripe Sunkist Street
to add a separate right-
tufn lane for northbound and dual
left-turn lanes for southhound.
Modify the traffic signal accordingly.6. Glassell St al Lincoln Ave Orange 2007 Widen and/
or restril)e Lincoln Avenue and
Glassell Street to provide dual
eastbound and southbound left-turn
lanes.Modify the traffic signal accordingly.7. Tustin St at Lincoln Ave Orange 2025
Restripe Tustin Street to
provide dnal sonthbound left-turn lanes.
Restripe Lincoln Avenue to provide dual left-tufn
lanes, two through lanes aod a
rigbt tUfO lane for both eastbound
and westbound approaches. Modify the
traffic signal for eight phase operation, eliminate
east-west split phase on
Lincoln Avenue,
provide for right-turn overlap for eastbound on Lincoln Avenue.9. Kraemer Blvd
at La Palma Anaheim 2025 Restripe eastbound approach on
La Ave Palma to provide
two through lanes and a shared through/right option lane.13. Glassell SI
at Richland Ave Orange 2007 Signalize
with five-phase traffic signal.Provide a
single northbound left-turn lane into the
project site. Provide a minimum of one
inbound lane and two outbound lanes on the Del Rio access road.15. Glassell St
at Taft Ave Orange 2025
Widen and/or restripe Taft Avenue to provide dual eastbound left-turn lanes.Year
2007 improvements are the responsibility of the project. Year 2025 improvements are for long-range
cumulative traffic, and the project would participate in these on a fair
share basis.The Circulation Plan was developed with consideration to the collective direction provided.Additionally,
the Circulation Plan has evolved as a result of extensive discussions and meetings with
the owner/developer, private consultants, City Traffic Engineer, and the City
Engineer. The primary elemenlsoftheCirculationPlanareaddressedinthefollowingsections:4-
2 Public
Facilities Plan CI[)(ICUlechIT .:
mp\
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Ollic.:\
21l\
IOOO~_
Se\.
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4.
doc
Exhibil "
Del Rio Development Plan
SECTION 4
PUBLIC FACILITIES PLAN
The provision of adequate infrastructure and public facilities is essential for the development of a
master planned conununity. This Public Facilities Plan for the Del Rio Development project outlines
a program to ensure that necessary infrastructure and public services are provided consistent with
development needs, are efficient in design and implementation, and installed in a timely manner. This
plan identifies the proposed land uses and provisions of related public facilities required 10 service the
Del Rio Development project.
An important consideration in the preparation of this section is the provISIon of public facility
mitigation measures, which are included within the Del Rio Development Plan Development
Agreement. In this regard, in exchange for the vested right to develop the property as set forth in the
development agreement, the landowner has agreed to construct several public facility improvements.
These facilities, fees and improvements, as discussed in the Development Agre,~ment, are addressed
in this section.
Any special maintenance districts or other financial mechanisms referenced in this Public Facilities
Plan necessary to implement provisions of the Development Plan shall be acceptable to and approved
by the City. All costs associated with establishing any fmancing mechanism shall be the financial
responsibility of the owner/developer.
4.1 CIRCULATION
4.1.1 IDENTIFICATION
The Circulation Plan for the Del Rio Development Plan includes an onsite system as well as
participation in the City's Transportation System Improvement Program (TSIP) for particular off site
roadway improvements (Exhibits 4-1 Ihrough 4-3). Design of the circulalion system for the
Del Rio development included direction provided by the City and County of Orange as well
as the surrounding community. As a result of the collective direction provided by these
groups, the following issues were addressed in the Del
Rio development:Provision of project access to both Glassell Streel and West Lincoln Avenue would
allow for better
trip distribution.The City of Orange, based on Resolution No. 7389 approved in 1989,
deleted the RiverdalelBatavia extension from the City Circulation Element. An amendment to
delete this roadway from the Orange County Master Plan of Arterial Highways (MPAH), to
be processed by the Orange County Transportation Authority (OCTA) who administers the
MPAH. would bring the City's Circulation Element inlo conformity with
the MPAH.Mitigation measures for traffic and circulation must be adequale to address the
level of significance of impacls, as well as be physically and financially feasible, as required
by the Counly's Growth
Managemenl Plan.Public
Facilities Plan
Exhibil "e"Del Rio
Dev. Agreement CIDocUIe..;hIT''''l{'\La"OtlkellllllOlJ05.5eClion.4.
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Del Rio Development Plan
4.1.2 CAPACITIES
The onsite roads shall be designed and constructed in accordance with thl: Development Plan
Standards as approved by the City Engineer and all applicable Circulation Elemenl and Engineering
Standards. The street system for each development area will be subject to the review and approval of
the City Traffic Engineer al the time of the tentative tract map submittal. Characteristics of onsite
roads will be as follows;
The primary entry streel from Glassell Street to the first thematic community intersection will
be constructed with a 20' paved section in each direction with a 10' minimum width median
within a 84' right-
of-way.Westerly of the thematic community intersection to the northeast corner of the sports
park and along the easterly edge of the sports park, the street section will consist of a 40' curb
to curb paved section within a
69'right-of-way.Along the southerly edge of the sports park to Lincoln A venue, the street
section will consist of a 40' curb to curb paved section
within a 70'right-of-way.Owner/developer shall construct all public and private streets (as well
as other utilities) to City of Orange and American Disability Act, ADA standards or as
approved bythe Public
Works Director.4.1.3 SIGNALS The primary entry into Del Rio project will be off Glassell
Street across from Richland Avenue. This entry will include a new five phase traffic signal for
traffic management. The signal will be constructed such that eastbound movements from the project can only make
a left or right lum (Le.,no through trips on Richland Avenue to pass through
the neighborhood). Additionally, due to project related traffic, modifications will need to be made to the existing
traffic signals at the intersections of Sunkist Streel and Lincoln Avenue, Glassell Street and Lincoln
A venue, and
Tustin Streel and Lincoln A venue.The Del Rio Circulation Plan does not require anyon-site
Iraffic signals based upon the Traffic Study prepared by Austin-Foust
Associates, Inc. Off-site traffic signals and intersection geometry modifications
are recommended in the
Traffic Study to increase capacity.4.1.4 LAND The land for the public street system will be
dedicated for public use with the recordation
of final tract maps for the individual residential areas.Any rights-of-way required to
implement the project shall be acquired at the owner/developer's expense except for
any right of way associated with roadway/intersection improvements identified in Table
4.1-1 and included in the MitigationMoniloring and Reporting Program.C\Do~ul<.'<:h\T~mT'\
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Del Rio Development Plan
4.1.5 PHASING AND BONDING
The primary entry street may be constructed in phases in conjunction with the development of Ihe
property. The property owner will post a complete surety for the primary entry street upon the
recordation of the tract map. Bonding for roadways within the residential areas will be provided as
part of the individual tract improvements.
4.1.6 COSTSfFlNANCING
The owner/developer of the Del Rio Development project shall be fmancially responsible for the
design, financing, and construction of the following:
0
Design and construction ofthe public road system.
Design and construction of the landscaping of the parkways adjacent to public roads.1
The maintenance responsibilities for the Del Rio Development project roadway system shall be as
follows:
Maintenance of the primary entry street will be the responsibility of the City provided the
property owner has agreed to include the maintenance responsibility for the center median for
the primary entry street in the CC&R's for the Homeowner Association established for the
project.
Private streets will be maintained by the owner/developer or homeowners association unless
maintained by another fmancial mechanism approved by the City.
All private street parkways will be maintained by the owner/developer or homeowners
association unless maintained by another fmancial mechanism approved by the City. Said
financial mechanism will be established at the expense of the owner/developer.
Slopes adjacent to roadways, which are built by the owner/developer to provide access to the
project, will be maintained by a Homeowners Association or other linancial mechanism
acceptable to the City Engineer. Said financial mechanism will be established at the expense
of the owner/developer.
4.2 WATER SYSTEM
4.2.1 IDENTIFICATION
The City of Orange Public Works Department-Water Division provides domestic water
service throughout the City of Orange. As the "public water system" that will supply water to the
proposed project, the City of Orange will provide retail water service to the project. The water system will
be constructed in accordance with the City of Orange Water Department Rates, rules, and
regulations Exhibit 4-5). As proposed, water service would be extended into the project site within
the future access roads. Service would be circulated throughout the project to provide a network
for both domestic water demand and emergency fire flows. The primary connection will be to the
water mains within West Lincoln A venue, with a secondary connection to the water main within
Glassell Street.C.\Docllt.:ch\T"lDJ'\La"Ollk",]lSlU(Ml' Section .Ido~4-4
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This secondary connection will provide reinforcement for the domestic and fire water demands as
well as an emergency water supply if the connection at Lincoln A venue is severed.
In October 200 I, Governor Davis signed into law two bills requiring cities and counties to consider
the availability of water supplies when making certain types of land use decisions. Senate Bill (SB)
221 (codified as Government Code Section 66473.7) prohibits cities and counties from approving
new subdivisions creating more than 500 new residential units unless it can be shown that an
adequate water supply is available to serve the new residents. However, the "water verification"
requirement of SB221 is not required for "any residential housing project proposed for a site that is
within an urbanized area and has been previously developed for urban uses, or where the immediate
contiguous properties surrounding the residential project site are, or previously have been, developed
for urban uses, or housing projects that are exclusively for very low and low-income
households."The City has determined that the proposed project is exempt from the "water
verification"requirement of SB221 because the "immediate contiguous properties surrounding the
residential project site are, or previously have been, developed for urban
uses."SB610 (codified as Water Code Sections 10910-10912) requires the preparation of a "
water supply assessment" for certain projects. Among other elements, the water supply assessment must
include a discussion regarding whether the City's "total projected water supplies available
during normal,single dry, and multiple dry water years during a 20-year projection will meet
the projected water demand associated with the proposed project, in addition to the public water system'
s existing and planned future uses...." The City has completed the water supply assessment
required by SB6tO,entitled City of Orange Water Supply Assessment for "Del Rio Development Plan", "
The Block of Orange Expansion", "Archstone Gateway Project". "University of California
Irvine Medical Center Long Range Development Plan" Projects (prepared by Ergun Bakall, P.E.,
Consulting Civil Engineer,October 8, 2003). The Water Supply Assessment concludes thaI "Total
projected water supplies available during normal, single dry, and multiple dry water years during a
20-year projection are sufficient to meet projected water demands of the four proposed projects, in
addition to City's existing uses and planned
future uses" (page I).
4.2.2 CAPACITIES The project's water supply lines and facilities shall be designed as part of the
City's Master Water System ultimately serving area-wide development. The master facilities and
local mains, as such, will be sized to provide domestic and fire flow services in accordance with
the City of Orange Water
Departmenl and Fire Prevention Bureau.Owner/developer shall dedicate a 10,000 square foot graded pad for a water
well site within the 17-acre parklgreenway and construct any required utility services up to
the boundary of the
site.4-
5 Public Facilities Plan
Exhibil"C'Del Rio Dev. Agreement C\Docut.xIl\T"01p\Law
Del Rio Development Plan
4.2.3 LAND
The land required for implementation of the water system shall be dedicated to the City In
conjunction with streets and through easements at the time of fmal map recordation.
4.2.4 ALIGNMENT, PHASING, AND BONDING
The location and alignment of the water supply lines is based upon the street system configuration, lot
layouts, and area-wide service requirements. All water supply planning shall be closely
coordinated with and be subject to review and fmal approval by the City of
Orange.
I Phasing of the Del Rio Development Plan Water System is based on the capacity of the
existing system, project demand, and area-
wide needs.4.2.
5 COSTSIFINANCING The financing of the water system facilities will be in accordance with the Public
Works Department,Water Rates, Rules, and Regulations as
noted below:The developer shall install all onsite primary main and secondary main improvements
at no cost to
the City.The City shall provide the design and construction of permanent pump stations
and reservoirs.The funding for these special facilities shall be provided through existing and
future water connection fees and/or water
user fees.As an alternative, and subject to Water Department approval, the Developer may
design and construct the aforementioned special facilities on an "as-needed" basis. In
this case, the Developer shall be reimbursed for the design and construction costs by
the Water Department via existing and future water connection fees and/or
water user fees.Funds for the construction of any required pump stations or reservoirs shall be paid
for by the City through the payment of water system connection fees. As an
alternative, the Developer may design and install any special facitities, subject to the
City's approval.The necessary fmancial arrangement for construction of any special
facilities and backbone water system shall be made prior to fmal
tract map approval.Operation and maintenance of the water system will by provided by the City,
financed
by user charges.4.
3 SEWER SYSTEM 4.
3.1 IDENTIFICATION The Orange County Sanitation District (OCSD) provides sewer services to
the project area.The planned on-site sewer system is proposed to drain from the northeast
side of the project southwesterly towards Lincoln Avenue within a system of on-site
sewer mains (Exhibit 4-6). An existing sewer main within Lincoln Avenue is available 10 service
the project. There is alsoan C\l}ocUl~b\Tcmp\j_a'" Ollic.::\:!lllIOOO~ Seclion -
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Del Rio Development Plan
existing sewer main in Glassell Street that is available to service a portion of the project. The major
elements of the proposed plan to construct a sewer system include the following:
A backbone system of sewer lines (within easements and street rights-of-way) ranging
in size from 8"
to 12";An in-tract system of local
sewer line; and Connection to the City's collection/transport systems at
West Lincoln Avenue.4.
3.2 CAPACITIES The Del Rio project is projected to generate a total of246,538 gpd of wastewater.
OCSD has initially responded that sewer service will be provided to the project site at the time
at which development eventually occurs. The local lines have been designed according to City
standards and the requirements of development. The sewer system will utilize gravity design, thus no
lift stations or force mains
will be necessary.4.
3.3 LAND The sewer system will be located within the public streets. Easements will be dedicated
to the City concurrent with the recordation
of finalmaps.4.3.4 ALIGNMENT,
PHASING, AND BONDING The location, phasing, bonding, and details of the sewer facilities shall be
determined by street configurations, lot layouts, and gravity flow prior to approval of the first final tract or
parcel map. The property owner/developer shall submit plans including sizing requirements for
the sanitary sewer system within the tract or parcel boundaries for review and approval by the City
Engineer. The sewer system for the project shall be funded, constructed, and maintained in
accordance with the requirements of the City of Orange Department
of Public Works.4.3.
5 COSTS/FINANCING The local lines shall be installed by the developerat no co;;t to the City. The
developer will design,finance, and construct, subject to City approval, all local sewer line extensions and
related facilities as part of the improvements for each tract as approved by the City Engineer. The City
will own and maintain all sewer facilities located
inprivate streets.4.4
STORM DRAIN SYSTEM 4.
4.. lDENTlFICA nON The storm drain system for the project site will extend into the property via
underground pipes of various sizes (Exhibit 4-7). Runoff would be conveyed by a curb and gutter
system into catch basins and the underground storm drain piping system to control runoff from the
indi vidual residential and open space areas. safely discharging projecl runoff through a multi-
stage treatment system into the ocut.:ch'Tcmp\La" Otli~'C\.::Jl(\\~)(}-'_S""lion ~_doc 4-
7 Publ
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Del Rio Development Plan
Santa Ana River Channel and providing 100-year flood protection. Elevation of the project site
will be raised above the IOO-year flood elevation. Storm water facilities will be provided
on-site to adequately serve the proposed residential and
open space development.A storm drain connection will be provided to the adjacent property to the wesl
containing the RJ.Noble sand and gravel operation to temporarily accommodate runoff from that location.
The Del Rio project site will accept offsite runoff from the adjacent R.J. Noble property until the
R.J. Noble property is retumed to historic elevations (210 to
215
feet msl).j 4.
4.2 CAPACITIES The Santa Ana River Channel has been improved to provide flood protection
for a storm approximating the 200-year storm event. In the vicinity of the project site, the
design capacity of the Santa Ana River Channel is 40,000 cubic feet per second (cfs) with a
design water surface elevation of 205 feet. The proposed development will generate approximately 220 cfs of storm
water in a 100 year storm event, entering the Santa Ana River channel through a double cell
culvert (3' high by 5' wide). This represents an increase in
flow
01'
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4.4.3 LAND The project storm drain system located in public streets and public easements shall
be dedicated to the City at the time
of final map recordation.4.4.4
ALIGNMENT, PHASING, AND BONDING The phasing of construction and final design, including erosion control
measures, shall be approved by the City Engineer. The phasing of in-tract improvements will occur
as final tract maps are approved for all development areas. Local storm drains will be
constructed as part of the improvements for each tract. Bonding for in-tract
improvements
will occur with various
tract approvals.4.4.5 COSTSIFINANCING The developer will fund and construct the Master Plan drainage
facilities. which shall serve to offset local
Master Plan of storm drain
fees.4.5 WATER
QUALITY MANAGEMENT 4.5.1 IDENTIFICATION The Del Rio Development Plan incorporates project
design features thaI will reduce potential hydrologic and water quality impacts associated with the
implementation of th" project. The project will contain a mulli-stage Ireatment system
that will feature bio-retention zones including treatment wetlands
and vegetated swales (See Exhibils4-8 to 4-11).C:\1.locutedlIT<lmp\La\'\'
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The water quality control plan has taken into consideration potential vector control-issues
associated with proposed water quality Best Management Practices (BMPs). The water quality features will
be designed to ensure standing pools of water are not created that promote mosquito breeding,
The following design elements will be incorporated into the project to prohibit this vector control
issue:All storm water within the water quality basin will pond and drain out within 36 hours after
the peak of the storm
event.The bio-swale will be graded to anapproximate 0.5-1 % slope to ensure
constant movement of water through the swale component
of the system.Strict maintenance guidelines will be developed that
prescribe inspection frequencies,landscaping requirements
and drainage requirements,Prior to approval of the first tentative map, a Water Quality Management Pllm (
WQMP) shall be submitted to the Public Works Director for approvaL The WQMP shall include but not
be limited to fmal design ofthe
Natural Treatment system,4.
5.2 CAPACITIES The bio-swale and treatment wetlands will be positioned between the urban uses
and the Santa Ana River, insuring that runoff is processed and filtered before being discharged into
the Santa Ana River.The first stage of the treatment system will be a vegetation screen along the
bio.,swales and treatment wetlands for trash and litter. The second stage will be a very long and
linear swale system (bio-swale)planted with specific material and imbedded with highly permeable sand
and gravel wrapped in fabric to promote infiltration, The long length of this bio-swale will create
a slow meandering travel path for urban runoff to infiltrate into the substrate for further microbial
breakdown, Above this swale will be specifically planted landscape material that will minimize the
erosion potential from the runoff while providing vegetative uptake functions, Lastly, the bio-swale
will drain into a treatment wetland sized to contain the "first flush" of storm water runoff from the project,
This basin will act as a polishing stage for further breakdown of bacteria, nutrients, and
other constituent pollutanls, Two basins will be created, one within the park area and another adjacent to the
residential development area, so as to be aesthetically compatible and so they can
be maintained by the
City of Orange.4.5.3 LAND The land for the bio-swale and treatment wetlands will
be provided by the property owner and shall be dedicated to the
Cityat the time of fmal map
recordation,4.5.4 ALIGNMENT, PHASING, AND BONDING The phasing of construction and final design
of the multi-stage treatment system
andbio-swaleshall be approved bythe City Engineer.C\f>OclIIech\T<:
mplLaw Offke\~
181000:'_ S~,<:(ion -tdu<:
Del Rio
Development Plan 4.5.
5 COSTSIFINANCING t The
owner/
developer will fund and construct the multi-stage treatment system,4.
6 ELECTRICAL SYSTEM 4.
6.1 IDENTIFICATION 1 Presently,
Southern California Edison (SCE) provides electric service to the area,The
electrical system for the project will include the following elements:1
i
Underground
line extensions to the site from nearby City distribution facilities;An
underground electrical backbone system for the installation of on-site distribution lines;
Residential street lighting layouts; and
An underground system supplying local service lines and street lighting, This in-tract
system will be installed in accordance with future tract plans and Southern California Edison
Company
specifications,
I
1
1
1
4.6.2 CAPACITIES
The project will result in increased demand for electricity. Based on an annual average consumption
per residential unit of 6,081 kilowatt hours, the 716 residences proposed will annually consume
4,353,996 kilowatt hours, Assuming that there will be no unexpected outages to major sources of
supply and that the project's demand for generating capacity will not exceed SCE estimates, the
project's electricity requirements can be met' SCE will extend service to the project in accordance
with rules and policies for extension of service on file with the Califomia Public Utilities
Commission.
4.6.3 LAND
All facilities will be located in public streets and easements dedicated with the recordation of final
tract maps. The conduit system with associated concrete manholes and vaults will be installed
underground. Switches and/or capacitators will be in metal cabinets mounted on concrete pads,
4.6.4 PHASING
The electrical system and related improvements will be installed as development occurs,
4.6.5 COSTS/FINANCING
The developer will finance the installation of underground conduit, substructures, retaining walls, and
street lighting installation on all public and private streets at no cost to the City. The developer will
provide and construct for the City all necessm)' trenches. backfill, conduits, manholes, vaults,
I Personal commtmication. Southern California Edison Company, Jerry Newcomb, February 6. 2002.
C:\Do<;ulecb\T~mp\Law omcc\218100(!5_Sc~'1ion -I.ooc 4-10 Public Facilities
Plan Exhibit"
C"Del Rio Dev.
Del Rio Development Plan
handholes. and pull boxes, The scheduling and funding of the utility backbone system will be
determined during the preparation of or prior to improvement plan(s) approvaL
4.7 SPORTS PARK AND GREENWAY
4.7.1 IDENTIFICATION
Approximately 17,65 acres of open space (or 24% of the project site) is proposed within the Del Rio
project, located contiguous to the Santa Ana River (SAR) and providing open access to the parkland
by SAR trail users (See Exhibits 4-12 and 4-13), Open space comprised only 6% of the
larger site under the original plan and was not integrated with the Santa Ana River Open Space
and Recreational Corridor. The currently proposed 17 ,65-acre open space area as contained within
the
proposed project provides:Active and
passive recreation opportunities;A sports park located between proposed residential neighborhoods and the
adjacent sand
and gravel operation;A community "greenway" element that: (a) accents and enhances the Santa
Ana River Open Space and Recreational Corridor; (b) provides a buffer
between proposed residential neighborhoods and the adjacent sand and gravel operation; and (c) provides for
an open space connection between the sports park and the Santa Ana River Open
Space
and Recreational Corridor.A significant role in water management, the natural filtration of storm water
runoff and the opportunity for environmental
enhancement and
education,Sports Park A 1O,65-acre lighted sports park is proposed in the southwest portion of the
Del Rio project. Unlike other sports parks in the City of Orange, it will be designed to cater to "after
school hour" games that
require lighted sports fields,A consideration in the sports park location is the interface between the
sports park and adjacent residential neighborhoods, both within the Del Rio project as well
as the existing neighborhoods adjacent to the project area, The adjacency of residential land uses to sports parks
is often a concern as a result of the noise generated by the sports games, the frequency and activity
of the park users,night lighting, and the hours the park is open (
and lighted) for use,The location of the I Q,65-acre sports park within the Del Rio
project results in proposed residential neighborhoods bordering the park on only the east and northeast
side, thus minimizing the sports park/residential interface. The existing R. J, Noble sand and gravel facility will
border the park to the west and northwest. The community's greenway element borders the park
to the north, and existing retail and light industry abuts the park ofj~site to the south, The location of
the sports park within the Del Rio project and its adjacency to the existing sand and gravel facility
has been purposely done in L\Oocul<:ch\T <:mpIJ-"'" OIIicc'\ll810\lOo; _ Seclion -l
do<;4-
11 Public Facilities Plan
Del Rio Development Plan
an effort to minimize intrusion of night lighting and noise to residential neighborh~ods that exist in
areas around the Del Rio project site, Night lighting will be oriented inward to the park in an effort to
minimize its intrusion to surrounding areas.
Site planning and design considerations have been incorporated into the sports park's location and
configuration to allow for the sports fields to be oriented in a manner to provide minimal exposure to
the proposed residential areas to the east and northeast within the project site,
The soccer field and softballflittle league fields located in the eastern portion of the park are set
approximately 120 feet from the proposed multifamily neighborhoods located to the east of the
park, This 120 feet is comprised of:
a) An average 50 foot setback of the sports fields from the park bOLmdary within which
park landscaping will occur;
b) A 70 foot community street right-of-way which will be landscaped with street
trees and other
plantings; and c) A building setback within the multifamily residential area of approximately 10
feet to 20 feet. within which landscaping will
also occur,The soccer field and softball/little league fields located in the eastern portion of the park
are set approximately 125 feet from the proposed single family residential neighborhoods
located to the northeast of the park. This 125 feet is comprised of the treatment wetl!md
contained within the park as well as
surrounding landscaping,The soccer field and softball/little league fields located in the western portion of the
park are surrounded by the R,J, Noble operations off-site to the north and west, and
retail light industrial uses off-site to the south, These fields are set approximately 300
feet from the proposed single-family residences to the northeast and approximately
500 feet from the proposed
multifamily
residences to the east.t The western boundary ofthe park will interface with the R, J, Noble sand
and gravel facility, which is located directly west of the project site, The slope on the R. J. Noble
property at the property line would be at 2: I (horizontal:vertical), as required by City
and County Ordinance, Future finished grade on the R, J, Noble property would be at Elevation
210-215
feet, per the County-approved Reclamation Plan,The sports park provides a land use buffer alonga majority of the
R,J. Noble/Del Rio property line,The park provides a buffer approximately 1,000 feet
wide (comparable to three football fields wide)between the Del Rio residential neighborhoods (to the east) and
the R, J, Noble sand and gravel facility. Along the remaining property line.
the greenway provides an approximate 260-foot wide buffer between the RJ, Noble site and
Del Rio residential neighborhoods, In response to the adjacency of the R, J. Noble site to the sports
park, special design
features will be incorporated into the park, including:An approximate 70-90 foot wide setback of the
sports fields from the park boundary
atthe DelRio/R,J, Noble property line;C\l>OclU""h\T"D1f'\l..a" Offi<:<<\
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Del Rio Development Plan
A dense landscape planting zone along the park boundary including evergreen leaf trees,
coniferous trees, shrubs and groundcovers; and
A minimum 6-foot high wall along the property
line,The landscaped "zone" (approximately 30 to 50 feet wide) will provide a natural method of
dust filtration, a visual buffer and backdrop to the park, and a physical barrier between the park and the
R,J, Noble
site,Within the Del Rio community, access to the sports park will be provided via community streets
and pedestrian paths, Direct access to the park is provided off of W, Lincoln Ave, Access is
also provided off of Glassell Street via primary community streets within the Del Rio
community,The following park elements are
proposed:Sports fields (configuration of the sports park can accommodate four softballllittle league
fields with two overlay soccer
fields);Pedestrian paths and seating
areas;Restrooms and drinking
fountain;
Parking;Night
lighting;A treatment wetland for storm water management;
and Pedestrian access from the sports park to the Santa Ana River Open Space and
Recreational
Corridor.Tot
lot.Six sports fields are proposed, These include four softball/little league fields (200 ft,) and two
soccer fields
overlays,Pedestrian access is proposed throughout the park along with sitting areas, Pedestrian paths
and sitting areas will be located around the treatment wetland, These paths and sitting areas will
provide for direct visual access to playfields, and provide links to the adjacent residential neighborhoods
as well as the existing pedestrian paths in the Santa Ana River Open Space and Recreational
Corridor.Restrooms and a drinking fountain will be provided for the convenience of park users, located
near the parking
lot.On-site parking will be provided primarily for park users with some spaces allocated
for those accessing the Santa Ana River trails. Approximately 51 parking spaces could
be provided,Lastly, the Development Plan incorporates project design features that resolve issues
identified by City or County Staff, and the surrounding communities. These project design f<:atures are
referred to as PDFs, The following PDFs are relevant to the sports park component of the Del
Rio Development:C\DOCUl~\Tcmp\La" Otlicc\::>'IHIOOO5__S~,<;(ion.t doc 4-13
Puhlic Facilities
Plan Exhibit "C"Del
Del Rio Development Plan
PDF-l The sports park is located within the southwest portion of the Del Rio project site
away from Glassell St. and setback from Lincoln Ave. so
that:Proposed residential neighborhoods within the project site border the park on
only the east and northeast side, thus minimizing the sports park/residential
interface,Existing adjacent residential areas along and across Glassell St. and across
Lincoln Ave, are minimally
affected,Intrusion of night lighting (planned to be oriented inward to the park) and
noise will be minimized for these same existing residential neighborhoods around
the Del Rio project
site,PDF-2 The location and configuration of the sports park incorporates site planning
and design considerations to allow for the sports fields within the park to be oriented in a
manner to provide minimal exposure to the proposed residential areas to the east
and northeast witllln the
project site,PDF-3 The sports park/greenway elements, coupled with building
setbacks and community street right-of-way, serve as a buffer between the existing R.
J, Noble sand and gravel facility and proposed residential housing by providing
an average set back of approximately 650 feet (maximum of 1,000 feet
and minimum of 260 feet),PDF-4 The sports park will incorporate the following
design features to address land use compatibility issues (e,g, traflic, noise, and
dust impacts) associated with having the sports park in proximity to the existing R,
J, Noble sand and gravel facility:Sports fields will be set back approximately 70-
90 feet from the park boundary at the Del RiolRJ, Noble property
line, Total separation between the closest sports fields and the R.J, Noble operation will be
120-140 feet (including the 50 foot set back if required by the County
of Orange for the sand and gravel operations),A dense landscape
planting zone, approximately 30-50 reet wide, will be established along the park
boundary to provide a natural method of dust filtration,a visual buffer and backdrop to
the sports park, and a physical barrier between the park and the R, J,
Noble site, The landscaped zone will include evergreen leaf trees, coniferous trees,
shrubs and groundcovers, The trees would be expected to grow to a height of approximately 25-
60 feet at maturity (5 to 10 years of age),depending on plant
species and variety, These trees will be at approximate height of 8-
20 feet in 2 years and 20-60 feet at 5 years,'A
minimum 6-foot high wall will be constructed along
the
property line separating the sports park from the R, J, Noble site,Greenwav The "greenway" is a 7,
0 acre open space element which parallels the Santa Ana River Open Space and Recreational Corridor
along the full length of the project site' s northern boundary, and continues southerly along the project'
s western boundary to connect with the sports park (Exhibit 4-12). It
is intended to have environmental purpose as well as recreational purpose, Within the greenway,The landscape
zone \\iil! contain five
different varieties oftrees: White Alder. California Pepper. London Plane Sycamore. Pine. and Eucalyptus.C\Do~ul.lCb\T.:
Del Rio Development Plan
pedestrian paths and sitting areas will be incorporated along the edge of the treatment wetland and
bio-swale. Landscape plantings will occur along the paths and silting areas, and WI'I provide an
area for passive recreation and
exercise,Two components of the greenway are the treatment wetland and the bio-swale, These
will be seasonal elements that provide the opportunity for environmental habitat enhancements,
natural storm water run-off filtration process, educational opportunities and viewing areas,
The treatment wetland and bio-swale will be natural-appearing depressions in the land designed as
integral parts of the open space, Around the treatment wetland and bio-swale will be footpaths,
sitting areas and a view deck,An educational kiosk will provide information regarding: (
I) the natural process the treatment wetlands provide; (2) the birds and plants that inhabit the
treatment wetlands; and (3) the importance of the treatment wetlands and bio-swale in preserving the
water quality of the Santa Ana River.Interpretive/education placards may be located
around the
treatment wetlands and bio-swale for educational benefit.Direct access to the Santa Ana River Corridor trail system
will be provided at the northwest end of the greenway, A neighborhood street with parkway
landscape plantings will front directly on to and parallel the northerly portion of the greenway that
parallels the Santa Ana River, Homes along the neighborhood street will face to the
greenway, Tree plantings and landscape elements within the greenway will interface naturally
with streetscape and landscape elements along the neighborhood street. The approximate 100-foot
wide greenway and 42,S-foot wide neighborhood street (32-foot paving width) will
abut the Santa Ana River Recreational and Open Space Corridor. Building setback from the neighborhood street will range
from 12 feet to 18 feet, providing
a setback in excess of 150 feet from any residential structure,Extending southerly from the Santa
Ana River corridor and along the western boundary of the project site, the greenway provides an
approximate 260-foot wide buffer between the R,], Noble site to the west and Del Rio single
family neighborhoods to the east. This portion of the greenway provides an open space connection
between the sports park and the Santa Ana River Corridor. Pedestrian paths and a bicycle trail will
provide a link between these two recreational elements, Similar to the sports park, a minimum 6-foot
high wall will be located along the property line, A dense landscape planting zone
will be established along the greenway boundary and will include evergreen leaf trees,coniferous trees, shrubs
and groundcovers, The trees would be expected to grow to a height of approximately 25-
60 feet at maturity, depending on plant species and variety, A bicycle trail along the edge of the landscape
zone will provide a link from the sports park to the Santa Ana River Corridor. A pedestrian
path will be located on the edge of the treatment wetland within this portion of the greenway, and
also link the sports park to the river corridor. Within the greenway, these trails and paths will
connect the
Del Rio community directly
to the
Santa Ana River Open
Spaceand Recreational Corridor.4-15 Public Facilities Plan Exhibit ..C'.Del
Del Rio Development Plan
Like the sports park, the Del Rio Development Plan incorporates PDFs that resolve issues identified
by the City and County Staff, and surrounding communities, The following PDFs are relevant to the
Greenway component of the Del Rio Development Plan:
PDF-5 The greenway provides an approximate 260-foot wide buffer between the R,],
Noble site and the proposed Del Rio residential areas along the remaining portion of the
R, ], Noble and Del Rio
property line,PDF-6 The green way will incorporate the following design features to
address land use compatibility issues (e,g, traffic, noise, and dust impacts)
associated with having residential use in proximity to the existing R, ]. Noble sand
and gravel facility:A dense landscape planting zone will be established along
the greenway boundary to provide a natural method of dust filtration, a visual buffer and
backdrop to the greenway, and a physical barrier between the greenway and the
R, ], Noble site,The landscaped zone will be located along the property line
and will include evergreen leaf trees, coniferous trees, shrubs and grolllldcovers, The
trees would be expected to grow to a height of approximately 25-60 feet at maturity (
5 to 10 years of age), depending on plant species and variety, These trees
will be at approximate height of 8-20 feet at 2 years and
20-60 feet at 5 years,A minimum 6-foot high wall will
be constructed along the property line separating
the
greenway from the R, ]. Noble site.
4.7.2 IMPLEMENTATION AND PHASING The sports park shall be graded in substantial conformance with
Exhibit 4-13 prior to the first certificate of occupancy and to be completed by the later to
occur of either the 260th certificate of occupancy or within 3 years of the 1" cettificate of
occupancy. The owner/developer shall post a performance bond for the sports park and green way with the City prior
to the later to occur of either the commencement of construction of the park improvements
or the
issuance of the 100th certificate of occupancy,The entire greenway including the bio-swale will be completed
no later than the issuance of the 260th certificate of occupancy, The City and owner/developer
will cooperate in good faith to determine the ownership and maintenance obligations for the greenway
and bio-swale area prior to the approval of the first tentative map for the project. The
City and owner/developer shall consider such entities or mechanisms as a
Landscape Maintenance District, Homeowners Association
or other entities or
mechanisms acceptable to all parties,
4.
8 RECREATION TRAILS 4.8.1 PEDESTRIAN TRAILS Identification Within the Del Rio community, pedestrian
trails and stttmg areas will be located within the community Greenway area
aroundthe treatment wetlands, The trails, located and meandering C\Docw~h\Temp\Law
Office\2181000~ _
Section -'due 4-16
Del Rio Development Plan
through the Greenway, will provide direct access to the sports park and the adjacent Santa Ana River
Corridor, Along the trails will be sitting areas offering views of the various landscape features of the
treatment wetlands, as well as views to the sports park playfields and the Santa Ana River Corridor.
The pedestrian trail system will connect to the community's sidewalk system, thus providing access
to and from the Del Rio residential neighborhoods, Exhibit 3-3 shows the proposed location of
the pedestrian trail system, The Del Rio project will incorporate the alignment and other
necessary provisions of the pedestrian trail system as depicted in this
exhibit.The pedestrian trail system will be designed and implemented in cooperation with the City of
Orange,As part of the plan submittals for the design and approval of the community's Greenway element,
the property owner/developer will provide a plan showing the alignment and location of the
pedestrian paths and sitting areas to the City's Parks Department for review and
approval.A1il!nment and
Phasinl!Alignment of the pedestrian trail system will be in accordance with the plans approved by the City'
s Parks Department, Construction of the pedestrian trail system will occur simultaneously with
the construction of the Greenway and treatment wetlands, The trail width shall be six (6) feet
wide,
CostIFinancinl!Development of the onsite pedestrian trail system including planning, design, grading and
necessary trail improvements will be the financial responsibility of the developer and shall be improved
in accordance with plans to be approved by the City of
Orange,Maintenance of the pedestrian trail system is anticipated to be the responsibility of the Del
Rio Homeowners Association and/or Landscape Maintenance District. The maintenance responsibility
of the trail system shall be determined prior to the approval of the community's Gremway
plans,4,8,2 BICYCLE
TRAIL
Identification Within the Del Rio community an off-street bicycle trail will be located along the westerly
border of the project area. The bicycle trail will provide bicycle access from the existing bicycle
trails within the Santa Ana River Corridor, through the project's greenway and linking to the community'
s sports park, continuing through to W, Lincoln Avenue on, The bicycle trail system will connect
to the community's residential neighborhoods and on-street bicycle access from both the sports
park and the Greenway thus providing access to and from the Del Rio residential neighborhoods,
Exhibits 3-3 and 3-4 shows the proposed location of the off-street bicycle trail
system, The Del Rio project will incorporate the alignment and other necessary provisions of the bicycle
trail
system asdepictedin this exhibit.C \Docul""b\TempILa" Office\~181()OO5 .St<<:[;on .
t.do<:
4-17 Public Facilities
c?
Del Rio Development Plan
The bicycle trail system will be designed and implemented in cooperation with the City of Orange,
As part of the plan submittals for the design and approval of the community's Greenway element, the
property owner/developer will provide a plan showing the alignment and location of the off-
street bicycle trail located within this community element to the City's Parks Department for review
and approval. Similarly, as part of the plans submitted for Street E" improvements, the
property owner/developer will provide plans showing the alignment of the bicycle trail linking the sports
park and W, Lincoln Avenue, The City of Orange shall be responsible for the planning and alignment
of the bicycle trail through the sports
park.Alil!nment and
Phasinl!Alignment of the bicycle trail system will be in accordance with the plans approved by the City'
s Recreation and Planning Departments, Construction of the bicycle trail system within
the community's Greenway and within Street "E" right-of-way will be by the prope:
rty owner/developer and will occur simultaneously with the construction of the Greenway and Street "E",
The portion of the bicycle trail system within the sports park will be constructed by the City of
Orange and will occur simultaneously with the construction of the sports park, The paved surface of
the bicycle trail shall
be10-
feet wide.Cost/Financinl!Development of the bicycle trail system, including planning, design,
grading and necessary trail improvements for the portions of the bicycle trail within the community'
s Greenway and within Street "E" right-of-way, will be the financial responsibility of the
developer and shall be improved in accordance with plans to be approved by the City of Orange,
Development of the bicycle trail system including planning, design, grading and necessary trail improvements
for the portions of the bicycle trail within the sports park will be the financial responsibility of
the owner/developer and shall be improved in accordance with plans to be
prepared by the City of Orange,Maintenance of the bicycle trail system within the community'
s Greenway and within Street "E"right-of-way is anticipated to be the responsibility
of the Del Rio Homeowners Association and/or Landscape Maintenance District. Maintenance of the
bicycle trail system within the sports park is anticipated to be the responsibility of the
City of Orange, The maintenance responsibility of the bicycle trail system shall be determined prior to
the approval of the
community's Greenway and Street "E" improvement
plans,4.9 LIBRARIES.
FIRE. POLICE. AND SCHOOLS 4.9.1 LIBRARIES The City of Orange Public Library Service Division
operates a main facility and two branch libraries that could be utilized by future residents of the project site,
The Main Library is located at 101 North Center Street. The two branch libraries are the Taft Branch
Library at 740East Taft Avenue, and the C\Do.;ut<Xh\Temp\Law Olficc\1181000~
S~'Ction -
t.do..:4-18
Del Rio Development Plan
EI Modena Branch Library at 380 South Hewes Avenue, These three facilities have a combined total
of approximately 300,000 volumes, The Main Library and the Taft Branch Library. closest to the
project site, would service project residents, Expansion of the Main Library from 17,000 square feet
to 45,000 square feet has recently been approved, and is expected to occur within the next two years.
The Taft Branch Library is currently being expanded and updated,
The minimum standard for computing necessary library space is ,5 square feet of library space per
person, A maximum predicted population of 2,212 persons would generate a need for 1,106 square
feet of additional library space,
In May 2003, the City of Orange adopted Ordinance No. 11-03 and Resolution No, 9725
establishing a library facilities development impact fee for residential development projects within the City
of Orange, Payment of library facilities development impact fees would be required of the
project
applicant.4.9.2
FIRE The Orange County Fire Authority, in conjunction with the City of Orange Fire Prevention
Bureau,presently provides fire protection and emergency medical care services to the project site, The
Orange County Fire Authority has 6 I stations from which firefighter, paramedic, HazMat, and rescue
teams serve the public by responding to emergencies, performing fire safety inspections of businesses,
and educating the public about safety measures through school and disaster preparation programs,
The Fire Authority has an automatic aid contract with the City of Orange Fire Prevention Bureau
to provide fire protection and emergency services to the project site, The automatic aid program
enables the County to request assistance (automatically via computer) from the fire station nearest the
site,After the City annexes the project site, the City of Orange Fire Prevention Bureau will continue
to provide the site with its fire prevention, suppression, rescue, and emergency services, The
nearest facility to the project site is City of Orange Fire Station #3 at 1910 NOIth Shaeffer
Street,approximately 1.5 miles away, It has a three-person engine company and a
two-person rescue transport, both of which include a paramedic, The City standard for advanced
life support and transportation response times is less than six minutes, Also near the project site is
City of Anaheim Station #5, located at 1154 North Kraemer Avenue; it is a four-person engine
company that also could respond to
calls regarding the site,The City of Orange Fire Prevention Bureau has indicated it has facilities
and resources adequate to manage anticipated calls from the project and that it will not ask at this
time for additional resources or manpower to provide service to the project site.' In addition, the City
of Orange Fire Prevention Bureau will review design of the project at the subdivision level and will ensure
that provisions of the City of Orange Municipal Code and General Plan Safety Plan, California
Fire Code, and California
Building Code are .enforced,Personal conummication. City of Orange Fire Prevention Bureau. Fire Marshal Tom
Groseclose. February 6, 2002.l>OCul"cb\r"mp\Law Ofticc\~ 1M 10005 _ S~-ctjon -1.dnc
4-19
Public Facilities Plan Exhibit "
0.
Del Rio Development Plan
In addition, the project applicant will provide for the following:
Prior to actual development, the project applicant shall submit an emergency access plan to the
City of Orange Fire Prevention Bureau for review and approvaL
The project applicant shall pay all applicable fire facility fees required by the City of OrangeFirePreventionBureau,
Sufficient accessibility for fife-fighting equipment shall be provided during all phases
of construction and subsequent
operation.Prior to actual development, the City Fire Prevention Bureau shall review and approvebuildingplanstoensurethatadequateaccessandfifeprotectionfacilitiesare
available.4.9.3
POLICE The Orange County Sheriff substation nearest the project site IS Sheriff Headquarters,
located approximately eight miles from the project site at 550 North Flower Street in Santa
Ana,Approximate response times of Sheriff patrol units, extrapolated from data gathered from
five comparable geographical areas with similar residential and commercial area configurations, are
four minutes for Priority One calls (lights and sirens) and seven minutes for Priority Two calls (
immediate
response),Subsequent to its annexation to the City of Orange, the City of Orange Police Department will
serve the project site, The City of Orange Police Department provides police protection services
including routine patrol of the project vicinity by vehicle, motorcycle, and bicycle responding to calls
for service involving criminal complaints, traffic issues and general needs for police service, In
addition,the City of Orange Police Department provides a variety of public services to the
community including Neighborhood Watch, Citizen Police Academy, Kidsprint, You are Not Alone
volunteer program, presentations to community groups regarding Crime Prevention topics, residential
and commercial security surveys, Bicycle Rodeo and Every Fifteen Minute program at local
schools,Police services will be provided to the pr~ject site by the Orange Police facility located at 1107
N,Batavia Street (corner of Batavia Street and Struck A venue), which is approximately 2,5 miles
from the project site, In the year 2003, the average response time for priority one calls was 5 minutes and
6 minutes for priority two calls, The City of Orange Police Department currently divides the city
into 58 reporting districts and organizes the districts in seven patrol areas, The project site will be
located within reporting district
471'.',The present staffing level for the City of Orange Police Department is 221 full-time and
84 part-time personnel consisting of 158 sworn police officers, three Parking Control Officers
and six
Police Service Officers.An estimated 2,212 persons will be living in
the proposed development.to maintain 1.2 to 1.4 sworn police officers per
1,000 population,The City
of Orange attempts The City
of Orange Police C\f)",cul~ch\Temp\La" Office\21810005_SeClioQ .td",,,4-
20 Public
Facilities Plan Exhibit "e"
Del Rio Development Plan
Department does not anticipate an immediate need for additional manpower that will be created by
this project.
To ensure adequate services are provided and to minimize the demands on police service, security
and design measures that employ Defensible Space concepts will 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 comment areas, placement of doors, windows, addressing and
landscaping, CPTED promotes public safety, physical security and allows residents the ability to
monitor activity in neighboring areas. The City of Orange Police Department efforts toward crime
reduction support the stated goals, policies and programs of the City of Orange General Plan Safety
Element.
Street Lil!htinl! and Public Safety
Project implementation will be consistent with City ordinances regarding streel: lighting and public
safety, As such, public streets shall be provided with standard underground-serviced marbelite
street lights to the satisfaction of the City's Traffic
Engineer.The owner/developer shall consider the following factors in the provision of street lighting
facilities:The benefits of proper highway lighting including increased public safety and visibility
for night time
driving;The security of vehicles parked on roadways;
and Public safety of parking areas, multi-family parking, garages, carports, and
walkways, which are all required to be lighted during hours
of darkness,To enhance public safety and crime prevention within the project site, the ovmer/
developer shall consider the following objectives in the development of
the site:Security and design measures, which employ defensible space concepts, shall be utilized
to the maximum extent possible during the formation of detailed
development plans;Project design should encourage the use of landscaping that promotes public
safety while enhancing the aesthetics of the
development; and Temporary street signs shall be posted at each street intersection within the project
during all phases of construction until the official signs
are erected,4.9.
4 SCHOOLS The Orange Unified School District (OUSD) provides educational services to the project
area through 42 schools (29 Elementary Schools, 5 Middle Schools, 4 High Schools, and 4 Special
Schools) that serve approximately 28,000 students. Presently, OUSD is growing at a rate of about 2,0%
per year and current projections have indicated that enrollment could increase to more than 36,
000 students over the build-out timetable for OUSD, The project site is served by Olive
Elementary School (less C\Docutech'.Templl,a'\o 0l1ice\1181()flO~_SL"Cli"n "do.;4-
21 Public
Facilities Plan Exhibit He"
Del Rio Development Plan
than one mile away at 8612 Orange-Olive Road, Orange), Fletcher Elementary
School approximately one mile away at 515 West Fletcher Road, Orange), Cerro Vilh Middle
School approximately 2,7 miles away at 17852 East Serrano Avenue, Villa Park), and Villa Park
High School (approximately 3 miles away at 18042 Taft Avenue, Villa Park), Capacity is
currently available at Olive and Fletcher Elementary Schools, Current attendance levels at Cerro Villa
Middle School and Villa Park High School, exceed capacity, OUSD plans to add relocatable classrooms
at Cerro Villa Middle and Villa Park High Schools to accommodate enrollment grO\>.
Jth,Initial generation of the Del Rio student population is not expected to occur until the 2006/
2007 academic year. The student population will be generated over the life of the expected two- to
three-year timetable for build-out of the proposed project. Existing conditions currently
reflecting capacity enrollment levels for some schools serving the project site may change between now and
2006 when the fIrst students residing at the project site can be expected to
attend
school.
c ~The Del Rio project will be mandated to pay State assessment fees to offset eventual impacts
to school facilities and thereby provide funding for facility augmentation, Govenunent Code
Section 65995 establishes an allowable school impact fee, which may beasses,""d upon
residential development. Based on the current fee stmcture, any residential constmction, induding the
location,installation, or occupancy of manufactured homes and mobile homes, can be assessed a
maximum level two fee of$3,89 per square foot of assessable space, "Assessablespace,"' is defmed as all of
the square footage within the perimeter of a residential stmcture, not including any carport,
walkway,garage, overhang, patio, enclosed patio, detached accessory stmcture, or similar area, The City
of Orange will determine the amount of square footage of residential stmctures in accordance with
their standard
practice,
t OUSD and the Del Rio property owner have entered into negotiations for the e>:ecution of a
school mitigation agreement to address the school impact mitigation for the Del Rio Project. It is
anticipated that the agreement will provide for the payment of $3,89 per square foot of assessable space
which,based upon current density and anticipated square footage, is expected to provide approximately $5,
6 million dollars in school impact mitigation funds for OUSD, This fee represents full mitigation
for school facility needs for this project. In addition to full mitigation, the agreem.mt also provides
to OUSD a lump sum of the entire school impact fee at the beginning of the Del Rio
project development thus enhancing the District"s facility planning and construction of school
facilities.CIDocutechlTemp\LawOfri",,\218100Q5 _ Se~tion -4.uoc 4-22 Public
Facilities Plan
Exhibit "C'Del Rio
Del Rio Development Plan
SECTIONS
ZONING AND DEVELOPMENT STANDARDS
Implementation of the Del Rio Development Plan is accomplished through a set of detailed zoning
and development standards as set forth herein,
5.1 DEFINITIONS
For the purposes of the Development Plan, the following terms, phrases, words and their derivations
shall have the meaning given herein, Terms, phrases and words not specifically defmed herein shall
be deemed to have the meaning described in the City of Orange Zoning Code.
Accessory Building - A building attached or detached from the principal building on the same lot
and customarily incidental and subordinate to the principal building, An accessory structure may
not contain interior plumbing facilities unless its overall size is less than one hundred and fifty (
150) gross square feet, in which case it may contain no more than one half bath (one toilet
and one sink). In no circumstances shall an accessory building contain facilities for fully independent
living.Auto-
Court - An Auto-Court is a private accessway having no more than one point of
vehicular access in and out, serving three or more detached or attached dwelling units, and
having garages facing inward towards the accessway,
Average Building Site Area - The average building site area is calculated by dividing the total building
site area within each development area by the number of lots within said area,Alley -
A vehicular passageway providing linear access to garages, An alley shall not be considered a
street.Building Height -
The vertical distance from the average fmished grade,. as measured around the perimeter of
the structure five feet out from the exterior wall surface to the ridgeline of the roof or the
top of parapet on a flat roof.Building Site Area -
The minimum building site area shall include all portions of a residential lot except the following:
1. Access easements; or
2, That portion of
a panhandle or flag-shaped lot that is used for access purposes and is less than 40
feet in width; or 3. Any portion
of a lot entirely separated from a larger building site area by an access easement.Building Pad -
The
lot area excluding any side or rear yard slopes greater than one foot.Centerline - A line in
the center of the ultimate street right-of-way,Cluster Developments - Attached
or detached dwelling units which are accessed by an auto-court or drive, Yards
and open spaces may be combined into arrangements of common areas which are not a
part of an individual lot of record.Commuuity Facilities District - A
community facilities district formed pursuant to the Mello-Roos Community Facilities Act of
1982 (California Government Code Section 53311, et seq,as amended), for purposes of
financing the cost of public facilities and services within a district geographic area.C\Do~U1~
c1"'T"
mp'[.~" Olli~,,\~18!()O{J5 _Section:' do"5-1 Zoning andDevelopment Standards Exhibil"C"Del Rio
Dev, Agreement
1
Del Rio Development Plan
Condominiums - Attached or detached dwelling units developed un~r the statutory condominiumrequirementsestablishedbythestaterealestatecommissioner's office;designation
of condominiums shall be shown on a tentative tract map,Courtyard
Access - A vehicle passage way providing access to multiple residences that share a common
courtyard, A courtyard shall not be considered a street.Development - The
improvement of the Property for pwposes of constmcting the stmctures,improvements and facilities
compromising the project as set forth in the Del Rio Development Agreement, the GPAandtheDevelopmentPlan, including, without limitation: grading, the constmction of infrastmcture
and public facilities relating to the project whether located within or outside the
property; the constmction of any structure; and the installation of landscaping.Development Agreement - An
agreement entered into between the City of Orange and Del Rio, LLC granting among
other things, contractual assurances and vesting rights to Del Rio,LLC, to develop the
entire 716 unit project in accordance with Existing Rules (as defined in the Development Agreement) in exchange
for Del Rio, LLC's commitment to provide community oriented public improvements asdefinedinsaidagreement.Development Area - The geographic
area for which a zoning district appli,~s.Development Plan - The words "Development
Plan" shall mean the Dd Rio Development Plan document.Drive - A private internal
or perimeter
vehicular access way for attached single family dwellings or multiple family dwellings of threedwellingsormoreinonebuilding, Not to be used for single family detached dwellings or
duplexes,Existing Rules - Rules, regulations and official policies
including (but not limited to) those relating to the City's General Plan, zoning
code, subdivision ordinance, flood plain management regulations, construction standards, building permit requirements and
other regulations of the City governing the development and
use of the property, in force as of the Effective Date of the Del Rio Pre-Development
Agreement (herein called "Existing Rules"),All subsequent discretionary actions required to implement
the GPA and the Development Plan, including any review, approval, renewal, conditionofapprovalordenial, shall only be taken on the basis of the Existing
Rules, Upon approval by the City, the: Development Plan shall constitute and become part of the
Existing Rules,Floor Area Ratio (FAR) - The floor area
ratio (FAR) calculation is Ihe building square footage divided by the lot area, For the
purposes of this Development Plan, building square footage shall include all stmctures on a residential
lot excluding garage, carport area or accessory buildings,Front-On Garages - Garages within single-
family detached
development areas which face a public or private street.General Plan - The
City's comprehensive long
term planning document in effect at the time the Del Rio Development Agreement is executed.Grading
Standards - Those standards in effect at the
time the Del Rio Development Agreement is executed, This definition also includes the City'
s adopted Guidelines for Landform Grading and Planting,Gross Area (gross acres) - The
entire land area (acres)
within the boundary of a development area, measured to the right-of-way line of an
abutting arterial highway or the centerline of any internal public or private street.C:\Docul<lCh\
Tanp\La" Olfj~e\21810005_
Seaiun 5.do~5-2 Zoning andDevelopment Standards Exhibit "C"Del Rio Dev. Agreement
Del Rio Development Plan
o Gross Residential Density - The density of a residential development area computed by dividing
the total number of dwelling units in the development area by the gross acreage of the development
area,o
Livable Floor Area - The total horizontal floor area of all living spaces within any residential dwelling unit (
excluding garage area),o Lot -
Any parcel shown on a recorded tract map, a record of survey recorded pursuant to an approved division of
land, a parcel map, or a recorded Certificate of Compliance, A lot is not necessarily a building
site.o Master Plan
of Arterial Highways (MP AU) - A component of the County of Orange Circulation Element of the
General Plan designating adopted and proposed routes for all commuter, secondary, primary and
major highways and transportation corridors within the jurisdiction covered,o Multi-
Family Residential -
Any residential zoning district or residential development wherein the number of permitted
dwelling units on one building site is three or more; includes multiple-family dwellings. condommiums, apartments,
and stock cooperative projects, and may include planned developments and conventional
subdivisions,o Parkway - A parkway
is the landscape area between the back of a street curb and a parallel sidewalk.o Principal Structures - A
structure,
building or area housing a primary p"rmitted use. Not an accessory structure.o Riding and Hiking
Trails - Any
trail or way designed for and used by equestrian or pedestrian,o Right-of-Way - An area
or
strip of land, either public or private, on which an irrevocable right of passage has been recorded for
the use of vehicles or pedestrians or both,o Pre-development Agreement - That certain
agreement executed betwem Del Rio LLC and the City of Orange dated August
15, 2002 and included as Appendix K in the Del Rio Draft Environmental Impact Report.o Project - The
development project contemplated
by GPA, Exhibit "B" of the Del Rio Pre-Development Agreement, and the Development Plan with
respect to the property, consisting of 716 units of mixed residential structures and
including, but not limited to, all on-site and off-site improvements,o Single-Family Residential -
Any residential
zoning district or residential development wherein each dwelling lUlit is situated
on a residential lot of record and no lot contains more than one dwelling unit; includes attached
and detached single-family dwellings, planned concept subdivisions, or cluster developments,
and may include conventional subdivisions and planned developments,o Site Plan -
A plan
showing the details of building locations, structures, parking, vehicular access, preliminary landscaping and architectural design
for a project or building site,o Typical Site Plan - A plan
that includes a typical plotting for a minimum lot size, for each house model within a development area.o
Useable Open Space - Any private or
common open area or indoor or outdoor recreational facility which is designed and intended to be
used for outdoor living and/or recreation.C\OocUlech\T"mp\Law Otli",,\}181000,,_Soctioll '>
doc 5-3 Zoning and Development StandardsExhibit "c"Del Rio Dev. Agreement
Del Rio Development Plan
Zero Lot Line - The siting of dwelling units in such a manner that one side yard setback is reduced
to "0" feet in order to provide a more desirable outdoor living spaceror the other side yard
area, Dwelling units so sited shall have no openings in walls located on the side property line,Zoning
Ordinance - The City of Orange Zoning Ordinance in force at the time the Del Rio Development Agreement
is approved,5.1
GENERAL
PROVISIONS 5.1.1
PURPOSE ANDINTENT I The regulations
set
forth
in this chapter have been established to provide for orderly development in the Del Rio Development
Plan area, These standards provide for the arrangement, development and use of a variety
of residential housing types and open space areas consistent with the intent, purpose and goals of the
City's General Plan, Zoning Ordinance and approved Development Agreement for this project, The application
of these regulations is specifically intended to provide the most appropriate use of the
land, create a harnlOnious relationship among the land llses and protect the health, safety and welfare
of the community,1 1 The Development
Standards
provided
herein are patterned after the zone distlicts and defmitions contained in the City'
s Zoning Ordinance,5.1.2 GENERAL
PROVISIONS I. Any land use
proposal not specifically covered by the provisions herein shall be subject to the regulations of the City
of Orange Zoning Ordinance in effect at the time that the Del Rio Development Agreement is executed,
The Zoning Ordinance sections which are referenced for each development area
of the Development Plan are incorporated by reference,2. Whenever the regulations
contained herein differ from the regulations of the City of Orange Zoning Ordinance, the regulations
of the Del Rio Development Plan shan take precedence,3, The Development Plan
permits the development of 716 dwelling units. The approximate number of dwelling units
within each residential development area is established in Table 5.4-1.
Densities, producttypes and development standards may be transferred between residential development areas,
provided that the total number of units tnmsferred within the development area does
not exceed ten percent (10%) of the total number of units permitted by the Development Plan
for that development area, Said transfers shall not be in excess of those densities permitted
by the Del Rio Development Plan for each development area Exhibit 3-1)
and shall be consistent with the product types anticipated for residential density categories as
identified in this Development Plan document, Table 5.4-1.Transfer
of densities between residential development areas shan also be deemed to be consistent
with the General Plan provided the overall density maximum 01'716 dwelling units is
maintained and the general location of the development areas approximates the areas shown
in the Development Plan,4,
The boundaries of individual development areas and acreage are approximate and are limited by
the scale at which the Development Plan Map (Exhibit 3-1) is drawn, Precise
development area boundaries and acreage will be established as hereinafter provided by the
submittal, review and approval of site plans in conjunction with the subdivision process as set
5-4 Zoning and DevelopmentStandardsC.\DocUlecb\Temp\Li" omcc',21l;I(KlO5_Secl;on ,.
doc Exhibit "
C"'Del Rio Dev,
Del Rio Development Plan
forth in Title 16 of the Mnnicipal Code, Minor boundary and acreage variations from those
shown on the Development Plan (Exhibit 3-1) shall be permitted as part of~te plan
approval without amendment to the Development
Plan,5, Model homes and their garages and private recreation facilities may be used as offices for
the first sale of homes in a recorded tract, and within subsequent similar tracts utilizing
these same architectural designs, subject to the regulations of the City of Orange governing
said uses and
activities. .6, Grading plans for all projects shall comply with the City of Orange Grading Ordinance
and standards established by the Development Plan, A preliminary geot"chnical
engineering report and soil engineering investigation showing evidence of recommendations for a
safe and stable development is to be submitted with all tentative tract maps,
The recommendations ofthe engineering geologist and soil engineer shall be incorporated into
the grading plan design prior to grading permit approvaL The stability of th" project site must
be certified by the engineering geologist and soil engineer prior to issuance of building
permits,7, All construction shall comply with all provisions of applicable building and the
various mechanical codes related
thereto.8. The zoning of the entire Del Rio property shall be changed to the Planned Commnnity (
PC)Zone to accommodate the Development Plan
overlay,9. The provisions set forth in this Development Plan, including the Development
Standards,shall allow for the orderly development of condominiums within Development Areas 2B
and 3, No Conditional Use Permit shall be
required,10, Concurrent with the submittal of tentative maps for those tracts within 100 feet of the
center line of Glassell Street, an acoustical report shall be submitted to the City of
Orange Commnnity Development Department indicating compliance with the city's residential
noise
standards,II, Concurrent with the submittal of each tentative tract map, the property owner/developer
shall submit information indicating compliance with the development area lot size
averaging procedure set forth in the Del Rio Development
Plan,In conjunction with the submittal of each builder tract. property owner/developer
shall provide a reconciliation exhibit assuring that the average lot size within each
development area is maintained as set forth in the Development Plan, This reconciliation exhibit will
also include information to track density transfers as permitted
herein,12, All lots within single family detached development areas shall have a minimum lot width
of thirty-five (
35) feet.13, All single family detached homes shall have roll-
up garage doors,14, For all floor plans in all single family detached development areas, at least
three (3) different elevations shall be provided to ensure interest and create a varied
neighborhood street scene,15, Where two units of the same floor plan are located on adjacent single family lots,
one will be a reverse plan and different in elevation from the other nnit of
the same plan,16, Grading plans for all projects shall comply with the City of Orange
guidelines for Landform
Grading and Planting.17, In conjunction with the recordation of CC&R's for any homeowners
association for the project, the property owner/developer shall include in said CC&R's a
notice provision giving each prospective purchaser of a residential nnit in the project notice of the
existence of
the Development Plan,C,\Do~ul~h',To!mr\Ll\\ Otli(,,',21111000~ _S<.-'1:(;on ~,do~5-5 Zoning and
Deve/opment
Standards Exhibit "C"Del
Del Rio Development Plan
18, Consistent with the open space provisions of the Development Plan, privatl: homeowners or
homeowner associations are expressly prohibited from extending fencing to encompassportionsofsaidopenspaceforprivaterecreationaluses.
19. The Community Development Director (or his/her designee) may approve the use of
standards and housing types from one development area to any other development area
provided said request is consistent with the goals, policies and densities of the DevelopmentPlanandGeneralPlan, If the director determines that the request is not consistent, than the
director shall refer the request to the Planning Commission for their consideration and
determination,
53 METHODS AND PROCEDURES FOR DEVELOPMENT PLAN
IMPLEMENTATION
1
i
i
1ThemethodsandproceduresforimplementationandadministrationoftheDelRioDevelopmentPlan
are presented in Sections 5.3,1 through 5.3.3:
I5.3.1 IMPLEMENTATION
The Development Plan shall be implemented through the processing of tract maps, parcel maps and
site plans, The implementation process shall follow the City's system of filing a tract map, In
addition to the items listed in the existing application form items, 1-8 as shown below shall also
be
included,Tentative tract maps and typical site plans for development within the Development Plan area shall
be submitted concurrently to the Community Development Department for review and processing
in accordance with Title 16 of the Orange Municipal Code with regards to fonn and content,
The typical site plan may be prepared separately from the tentative subdivision maps or may be
submitted on the same document provided the map(s) submitted are in sufficient detail to
determine conformance with the Development
Plan,Concurrent with the tentative tract map submittal, the applicant shall submit the
following information and/or plans for Design Review Committee (DRC) review and approval prior to
Planning Commission
hearings,I, Typical floor plans and building elevations, including building materials and
colors,2, Location map drawn to the same scale as the maps in the Development Plan and relating
the tract to the overall Del Rio
project.3, Topographic
map,4, Lot and pad size of all lots, including the location and type of typical building footprints
and
driveways,5. Preliminary landscape plans indicating the extent and type of proposed
landscaping,6, Vehicular circulation and parking plan indicating the nature and extent of private and
public streets, alleys and other public access ways for vehicular circulation, off-street
parking and
vehicularstorage.C\Oouned1\Tt.'ID{lII.a.... OlIicc.,211110005_Seclion -'doc 5-6 Zoning and
Development Standards
Exhibit "C'Del Rio
Del Rio Development Plan
7, Fence and wall plans indicating the type of fencing along any lot line of a site abutting a
street or open space lot. The specified fence or wall location shall be shown-ill addition to
the color, material and
height,8, Signage plans indicating the proposed signage program and including, but not limited to,
any identification, business or other signs; and specifYing the size, height, location, color,
material and lighting of such
signs,Final site plans indicating precise lot dimensions, building footprints and driveway locations shall
be submitted to the City of Orange Community Development Director for review and approval prior
to the issuance of building permits and shall be subject to appeal or review by the Planning
Commission as set forth in the Orange Municipal
Code.5.3.2 SITE PLAN
CONSISTENCY Following approval of a site plan, if any changes are proposed regarding the location or alteration
of any use or structure shown on an approved site plan, a revised plan may be submitted to
the Community Development Director for approval. If the Community Development Director or his/
her designee determines that the proposed revision complies with the provisions of the Development
Plan and general intent of the approved site plan. the revised site plan may be approved without the
need for Planning Commission review, Said decision shall be final unless appealed to the
Planning Commission within ten (10) days from the date of such
decision,5.3.3 DEVELOPMENT PLAN
AMENDMENTS Amendments to the Del Rio Development Plan shall be processed in accordance with the
provisions of California Government Code Section 65450 et. seq. and conducted in the same manner as
zoning reclassification as outlined in the Orange Municipal
Code,5.4 DEVELOPMENT
STANDARDS 5.4.1 RESIDENTIAL DEVELOPMENT
STANDARDS See Table5.4-1, Residential Development Standards Plan Designations, and Exhibits 5-
1 through 5-4, Illustrative Product
and Site Designs,5.4.2 OPEN
SPACE DEVELOPMENT STANDARDS The standards of the City's "RO" Recreation Open Space District shall apply for the
areas shown as Open Space on the Del Rio Development Plan map, except
as provided
below.Public Infrastructure Puhlic infrastructure improvements of less than one acre shall be pennitted as
deemed necessary by the
City of Orange,C.\Uocul"cbITemp\Law Ofl.".:\.! 181(~)()5 _Section 5.do<:5-7
Zoning and
Development Standards Exhibit "e"
Del Rio Development Plan
5.4.3 SIGN REGULATIONS
The purpose of this section is to establish standards for the uniformity and hierarchy of signage.
reinforcing the character and image of the Development Plan community as provided in the
Community Monumentation Concept Plan (Exhibit 5-5). The following regulations shall apply to
all residential uses within the Del Rio Development
Plan,Except as specified below, sign regulations shall be in accordance with the "Signs" chapter of
the Orange Municipal Code and the standards set forth under the controlling zone district in which
the signs are located, The signs shall conform to the following general
specifications,
1 TemporarySi!!
DS
Temporary signs denoting the architect, engineer, contractor or lender may be placed on the premises
where construction is in progress, Such signs shall not exceed a vertical length of eight (8) feet, a
height of six (6) feet, nor a total area of twenty-four (24) square feet. Placement of temporary
signs shall consider traffic safety and distance from
right-
of-way.ti C\Do~Ul"cb\Temp\La..... OffiC<'\211110005_S<X1ion 5.do"5-8
Zoning and
Development Standards Exhibit "e-
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Del
Rio Development Plan Community
Entry Monumentation The
following sets forth standards for the implementation of the Community Monumentation Concept discussed
in Section 3,5 of this document and shown on Exhibit 5-5, Entry monumentation will be
provided at two levels consistent with the provisions below: 1.) Community Entry Signs, and 2,)
Residential NeighborhoodIProduct Signs, Both levels of monumentation shall be located on private
property, or within public right-of-way subject to Public Works
Department approval.Community Entry
Sil!ns These are large-scale monumentation signage identitying major entries to the
Del Rio community.a, Number and Location - A maximum of two (2) entry monumentation sign locations
will be provided; two (2) monumentation signs will be provided at each of the
following
major entries:I.) Entrance on
Glassell Street.2,) Entrance on W,
Lincoln Ave,b, Maximum Height and Area - Community entry signage shall be provided as an element of
a site screen wall or as a free-standing wall; such wall shall not exceed a vertical height
ten (10)feet from grade, nor a total area of two hundred fifty (250) square feet
Community entry signs shall be located within proper setbacks for safety and visibility per the City'
s
Sign
Ordinance,i c, Maximum Sign Area - Twenty-five (25) square feet of sign area to include
community name and/or
logo only,Residential Neil!hborhoodlProduct Entry
Sil!ns These are medium scale monumentation signage providing identification of entry
into residential neighborhOod/
product areas,a. Number and Location - A maximum of two (2) entry monumentation sign locations shall
be provided at the entrance to each multi-family
product area,Maximum Height and Area - If provided as an element of a site screen wall, such
signage shall not exceed a vertical height of eight (8) feet from grade, nor a total area of one
hundred forty-five (145) square feet If such signage is provided as freestanding, such sign
shall not exceed a vertical height of four (4) feet from grade, nor a total area of not more
than seventy-five (75)
square feet.Fnture Development
Sil!ns These are temporary signs advising of future development using the general term "residential"
in the description of the future land use on the site upon which the sign shall be located. Such
signs shall not exceed a vertical height of twelve (12) feet. a horizontal length of eight (8) feet, nor a total
area of thirty-two (32) square feet. Placement of temporary future development signs
shall consider traffic safety and
distance from right-of-way,C.',[)tJ~llt"",h',h:ml'\l..aw Ollic~\.:! 1 KlOOO)__ S~-ction 5,do~
5-14
Zoning and Development Standards
Del Rio Development Plan
Temporary Directional Sil!ns
These are signs advising of homes for sale in current development areas within the Del Rio project.
Such signs shall not exceed a vertical height often (10) feet, a horizontal length of six (6) feet, nor a
total area of thirty (30) square feet. Two (2) signs will be permitted for each development area,
Placement of temporary directional signs shall consider traffic safety and distance from right-
of-way,5.5 DENSITY
TRANSFER PROCEDURE The Development Plan permits the development of 716 dwelling lUlits, The approximate
number of dwelling units within each residential development area is established inTable 5.
4-1. Densities.product types and development standards may be transferred between
residential development areas,provided that the total number of units transferred within the development area does
not exceed ten percent (10%) of the total number of lUlits permitted by the Development Plan
for that development area, Said transfers shall not be in excess of those densities permitted by the
Del Rio Development Plan for each development area (Exhibit 3-1) and shall be consistent
with the product types anticipated for residential density categories as identified in this
Development Plan
document, Table 5.4-1.Transfer of densities between residential development areas shall also
be deemed to be consistent with the General Plan provided the overall density maximum of716
dwelling units is maintained and the general location of the development areas approximates the areas
shown in the Development Plan.Density
transfer procedures are as follows:1. The CommlUlity Development Director (or designee) may
approve transfers of densities and numbers of units between residential development areas
as noted under General Provision No, 3, Any application for such a transfer shall be
submitted to the CommlUlity Development Director, signed by both the owner of the property from which the
units will be transferred as well as the owner of the property to whom
the units will be transferred,2, The Community Development Director, or designee,
shall review the application to determine whether the proposed transfer is consistent with
the Development Plan, In no event shall the Community Development Director approve the
transfer if it is inconsistent with terms or provisions of
the Del Rio Development Plan,3, The Community Development Director shall have the sole
discretion to refer consideration of the application to the Planning Commission for a noticed public
hearing if he determines that the application, if approved, would affect vested property interests
of others, Action of the Planning Commission on density transfer is finallUlless
appealed to the City Council.4, The action of either the CommlUlity Development Director or
the Planning Commission, if so referred, shall be subject to review/appeal by the City Council
in the same manner as provided
in theOrange MlUlicipalCode,C'J)o~'\II<lcb'.T <lrnplLaw Otlialll !llllO(15 _Section S.do.:
5-15
Zoning and Development Standards
EXHIBIT "C"
Existing Regulations
Title 16 SUBDIVISIONS
Chapter 16.04 GENERAL PROVISIONS
16.04.010 Adoption of Rel!ulations-
Applicabilitv.16.04.020
Requirements.16.04.030 Reference to Other
Laws.16.04.040 Incorporation of City
Standards.16.04.050
Definitions.16.04.060 Advisory Al!
encies.16.04.070Merl!er of CertainContil!uous Parcels or
Units.16.04.010 Adoption of
Regulations--Applicability.The ordinance codified in Chapters 16,04 through 16,28 is adopted to supplement and
implement the Subdivision Map Act together with any amendments thereto and may be cited as
the "Subdivision Ordinance of the City of Orange." The regulations contained in this title shall apply
to all subdivisions hereafter made, entirely or partially within the incorporated tenitory of the
City, (Ords,22-78; 474 (3/50): Prior Code
10010(a)(1))16.
04.020 Requirements.All subdivisions shall provide for proper grading and erosion control, including
the prevention of sedimentation or damage to off-site property, in compliance with
applicable City standards, (Ord,22-78; 474:
Prior Code 10010(a)(2))16.04.
030 Reference to Other Laws.Whenever reference is made to any portion of the ordinance codified in
this title or other ordinance or statute, such reference applies to all amendments and additions now
or hereafter made, (Ord, 22-
78: Prior Code 10010(b))16.04.
040 Incorporation of City Standards.This title incorporates by reference all City standards and
specifications for subdivision maps and improvements, All tract and parcel maps shall conform both to the provisions
of this title and all provisions of City standards and specifications which shall be in effect at
the time of application for map approval. Copies of City standards and specifications are on file
with the Department of Public Works and Water Department of the City, (Ord,
22-78: Prior Code
10010(c))16.04.050 Definitious.Except as otherwise defined in this title, all terms used in this
title, which are defined by the applicable State law, together with any amendments thereto, are used
in Ihis title as so defined,Exhibit "
unless from the context hereof it clearly appears that a different meaning is intended, (Ord, 22-
78:Prior Code 100
II)16.04.060 Advisory
Agencies.Advisory agencies are charged with the duty of making investigations and reports on the design
and improvement of proposed divisions of real property and the imposing of requirements or
conditions thereon, The Community Development Director and the City Planning Commission are
designated as advisory agencies as that term is used in the Subdivision Map Act and in this title. Subject to
the provisions and according to the procedures of this title, such agencies shall make reports
and recommendations to the City Council on all tentative and final tract maps. (Ords, 3-03;
10-99; 22-78:Prior
Code 1001 I (a))16.04.070 Merger of Certain
Contiguous Parcels or Units.If anyone of the contiguous parcels or units held by the same owner does
not conform to standards for minimum parcel size to permit use or development under a
zoning, subdivision or other ordinance of this City, and at least one of such contiguous parcels or units is
not developed with a building for which a permit has been issued, or which was built prior to the
time such permits were required by the City, then such parcels shall be merged for the purposes of this
title, Any or all parcels or units ofland which merged prior to July 7,1977, shall be
deemed unmerged and separate parcels. (Ord, 22-78:
Prior Code 1001 I (
b))Chapter 16.08 MAPS
16.08.010 General Provisions.16.
08.020 Tract Map--ReQuired When.16.
08.030 Tract Map--Tentative-Form and
Content.16.08.040 Tract Map--
Final--Form and Content.16.08.050
Parcel Map--ReQuired When.16.08.060
Parcel Map--Tentative--Form and
Content.16.08.070 Parcel Map--Final-Form and Content.16.08.010 General Provisions.A, The
requirements for the filing of subdivision maps shall be governed by the provisions of the Subdivision Map
Act and the provisions of this title, All maps shall comply with the provisions of the
Subdivision Map Act, the City Zoning Ordinance, this title, and any
other ordinance, statute or law pertaining to the use, sale, leasing or subdivision
of land,B. Maps for condominium
projects or community apartment projects shall comply with applicable provisions of the Subdivision Map Act.C, In all cases where
a final parcel map is required under the Subdivision Map Act or this title, the subdivider shall
also submit a tentative parcel map pursuant to the procedure set forth in this title,D, Whenever a final
parcel map is required by any provision of the Subdivision Map Act or this title,such a requirement
may be waived by the City, The subdivider shall submit to the City a tentative parcel map
pursuant to the procedure set
forth herein and shall request a waiver of the requirement of a final parcel map.E,
The advisory agency with the power of final approval over the tentative parcel map, shall thereupon
make a finding that the proposed division of
Subdivision Map Act or this title, and all other resolutions and ordinances of this City, including, but
not limited to, requirements concerning area, improvements and design, floodwater drainage control,
appropriate improved public roads, sanitary disposal facilities, water supply availability, public
safety facilities and environmental protection. (Ord, 22-78: Prior Code
10020)16.08.020 Tract Map-
Required When.Any property owner or his authorized agent who proposes to subdivide any property for
the purpose of creating a subdivision of five or more parcels, five or more condominiums or
a community apartment project containing five or more parcels or for any other subdivision for which
a parcel map is not required, shall file a tentative and final tract map with the staff of the
Department of Public Works, (Ord. 22-78: Prior Code
1002 I (a))16.08.030 Tract
Map--Tentative--Form and Content.The following shall govern the form and
content of tentative tract maps:A, A legal
description of the proposed subdivision;
B. Approximate acreage ofthe subdivision;
C. Name and
address of:
I, Record owner,2.
Subdivider,3, Engineer or surveyor;D, The boundary of the subdivision,
indicated by a distinctive border;E. The names and relative locations of adjoining subdivision and
adjoining and abutting streets as well as a list of all property owners within three hundred (300) feet of
the exterior boundary lines of the property involved as certified by a title insurance company authorized
to do business
in Orange County; (Ord, 30-80)F, Approximate
size and location of all lots;G, The streets, alleys and easements, etc" which are to be dedicated
by the final tract map, and
widths of such streets and alleys;H. Public utilities easements, except where such
easements are located
in public streets;I. Private easements;1. Approximate dimensions,
including length of each curb radius;K, Topographic features such as railroads,
natural drainageways, drainage ditches or pipelines,location of existing sewer and waterlines and other features which
may have an effect upon
the proposed subdivision or its design;L. A typical section
for each class of street involved;M, A brief plan or
description of the proposed drainage system;N. Indication of area subject to overflow or inundation for a
frequency period to be determined
by the Department of Public
Works;O. Method of sewerage
disposal;p, North arrow
and scale;Q, Date of plot;R, Contours at no more than two-foot intervals if slope is
less than ten percent or five-foot
intervals for slopes of more than ten percent;S, Grading details showing cut and fill
slope configuration, pad elevations, retaining wall details or other pertinent physical
development details dictated by terrain and tract layout;
T. Such other information or materials as may be required by the Department of Public Works. (Ord,
22-78: Prior Code 10021(b)(
I))16.08.040 Tract Map--Final--
Form and Content.In addition to the requirements of the Subdivision Map Act, the following shall govern
the form and content of
final tract maps:A. Approximate three-inch by three-inch blank space near upper
right-
hand comer for recorder's stamp;B, "Sheet _
of_ "preferably in upper left-
hand comer;C. Show Tentative Map number;D, Show name of city (or unincorporated
territory), County of Orange, State of California;E. Basis
of bearings if based on field survey;F. Monument date
or each monument described and referenced separately;G, Blue border around exterior boundary line of land
being divided, drafted on exterior side of boundary line; the blue
border shall be the fee title line;H, In the event that the blue border of the parcel
map encompasses more than one public entity City-City or City-County), the
appropriate officials of both entities must sign the map;1. No lot shall be plotted so as to
be divided by a City or County boundary line;J, Prior to recordation of a final tract map, 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/City Engineer; and K, Such other information or materials as
may be required by the Public Works Department. (Ords,
15-01: 22-78: Prior Code
1 002 1 (b)(2))16.08.050 Parcel Map--Required When.Whenever a tentative or final
tract map is not required by the Subdivision Map Act, a tentative parcel map shall be filed
with the Department of Public Works, (Ord,
22-78: Prior Code 10022(a))16.08.060 Parcel Map--Tentative--Form and Content.In addition
to the requirements of the Subdivision
Map Act, the following shall govern the form and content of tentati
ve parcel maps:A, A plot plan drawn to a suitable scale showing
the following:I, The exterior boundaries of the property including all bordering streets
or easements;2. The location of the property in relation to the nearest street intersection;3, The
layout of the parcels proposed, the dimensions of each, and a number on each parcel;4, The location
of
each existing building or structure and the distance of each from the nearest
parcel line;5. The location of existing wells, cesspools, septic systems,
irrigation lines and underground structures and the distance of each from the nearest parcel
line;6, The location of existing
and/or proposed easements including those which cross adjacent properties to serve the proposed parcels,8. Such
other information or materials as may
be required by the Department of Public Works, (
16.08.070 Parcel Map--Final--Form
and Content.The following shall govern the form and content of final parcel maps: Adoption of
the section incorporates Section 16.08,060 with all its subparagraphs and all amendments thereto,
In addition,the following may
be required:A, "RST "preferably in upper
right-hand comer;B. Dedications or offers of dedication may be made either by certificate on the parcel
map or by separate instrument in accordance with the procedure set forth in the
Subdivision Map Act;C. In all cases where a parcel map is required herein, such a map shall be based on
a field survey made in conformity with the Land Surveyor'
s Act; and D. Prior to recordation of a final parcel map, the surveyor or engineer preparing the
map shall submit to the Public Works Director/City Engineer a digital graphics file containing
such information and data and in such format as shall be acceptable to the Public Works Departm,mt. (
Ords, 15-01: 22-78:
Prior Code 10022(b)(
2))Chapter 16.12 PROCEDURE 16.
12.010 Tentative Tract Map.16.
12.020 Final Tract Map.16.12.030 Tentative
Parcel Map--Staff Review Committee Approval.16.12.040 Tentative Parcel
Map--Final Approval bv City Plannin2 Commission.16.12.050 Tentative
Parcel Map--Final Approval bv City
Council-Required When.16.12.060
Final Parcel Map.16.12.010 Tentative Tract Map.A, A tentative tract map, accompanied by any
forms and fees required, shall be submitted to the Community Development Director
for review, The Community Development Director shall refer the map to a staff review committee as
designated by the City Manager for review and comment.B. After the tentative tract map
is reviewed by staff, the Community Development Director shall forward the map to the
City Planning Commission with his/her comments or recommendations,Within fifty (50) days of the submittal
of the tentative tract map to the Community Development Director, the City Planning
Commission
shall have reviewed the map and made its recommendations,C, After the tentative tract map is reviewed by
the City Planning Commission, the map shall then be forwarded to the City Council
together with any comments and/or recornmendations,The City Council shall then review the tentative tract
map and shall have the power to
approve, conditionally approve, or disapprove the tentative tract map,D. If the map is not approved by the City
Council, the subdivider will be
notified and given the opportunity to correct the map,E, With respect to a tentative tract map,
the subdivider may appeal from any action of the Community Development Director to the
City Planning Commission and taken to the City Council pursuant to
the procedure set forth in the Subdivision Map Act.F, Any interested person adversely affected by
a decision of the Planning Commission may file a complaint with the City Council
concerning any such decision, Processing of
the complaint shall comply with the Subdivision Map
G, If the map is approved by the City Council, a final tract map, substantially in conformance with
the tentative tract map, must be recorded within eighteen (18) months, (Ords, 10-99; 4-
87; 22-78;56-66:
Prior Code 10030(a))16.12.
020 Final Tract Map.A final tract map shall be submitted to the Department of Public Works,
pursuant to the procedure set forth in the Subdivision Map Act. It shall be accompanied by
any information or materials required by that department. (Ords, 22-78; 56-
66: Prior Code I 0030(b))16.12.030
Tentative Parcel Map--Staff Review Committee Approval.A. The Community Development Director shall have the
power of final approval of all tentative parcel maps involving land divisions of four lots or less
which meet all other
code and site development requirements and which:I, Require no zone
changes, variances, or conditional use permits; or 2, Present no other
significant difficulties relating to physical improvements, topography,circulation, access or parcel shape, according
to reasonable engineering and public safety standards
as determined by the Community Development Director.B. All tentative parcel maps meeting the requirements of Subsection
16,12,030,A. shall be submitted to the Department of Public Works, accompanied by any required
forms and fees, The map shall be referred to the Community Development Director, who shall
review the map, in conjunction with a staff review committee as designated by the City
Manager, and take action thereon within twenty 20) days from the
date the map was accepted for filing,C. If the tentative parcel map is not
approved by the Community Development Director, the subdivider will be notified and given the opportunity to correct
the map and resubmit it to the Community Development Director. In the event that the
subdivider wishes to appeal the action taken by the Community Development Director, he may
make an appeal pursuant to this title,D. If the tentative parcel map is approved by
the Community Development Director, pursuant to this section, the subdivider shall be notified by the Department
of Public Works, When a tentative parcel map is required pursuant to this title, the map
as approved or conditionally approved shall expire eighteen (18) months after its approval or
conditional approval. (Ords, 3-03; 10-99;
22-78; 67-
64;13-64: Prior Code 1003 I (a)(I))16,12,
030 16.12.040 Tentative Parcel Map--Final Approval by City Planning Commission.A, The City Planning
Commission shall have the power of final approval of all tentative parcel maps other than as described in Section 16,
12,
030 and which involve land divisions of four lots or less and which:1. Require
a
hearing before the City Planning Commission for variances or conditional use permits;
or 2, Present significant difficulties, including, but not limited to, physical improvements, topography,
circulation, access or parcel shape, according to
reasonable engineering and public safety standards as determined by the City Planning Commission,B. All
such tentative parcel maps shall be submitted to the Department of Public Works,accompanied by any forms
and fees required by the Department. The map shall be referred to the Community
Development Director who shall review the map in conjunction with a staff review committee as designated by
the City Manager. Within twenty (20) days after
accepted for filing, the Community Development Director shall make a report, with
recommendations for acceptance or denial, to the City Planning Commission,
C, If the map is not approved by the City Planning Commission, the subdivider will be notified and
given the opportunity to correct the map and resubmit it to the Commission, In the event that the
subdivider wishes to appeal the action taken by the Commission, he may appeal to the City Council
pursuant to this title,
D, If the tentative parcel map is approved by the City Planning Commission pursuant to this section,
and requires no further adjustments, including, but not limited to, conditional use permits and
variances, the subdivider shall be notified within a reasonable period of time. (Ords. 3-03; 10-
99; 22-78: Prior Code 10031(
a)(2))16.12.050 Tentative Parcel Map--Final Approval by
City CounciI--Required When.The City Council shall have the power of final approval of all tentative parcel
maps other than as described in Sections 16.12,030 and 16,12,
040, and which are:A. Divisions ofland of five or more lots in commercial
or industrial zones; or B, Divisions ofland requiring any hearing
for zone changes; or C. Divisions of land where other hearing actions are appealed in
conjunction with
the tentative parcel map,D, All such tentative maps shall be submitted to the Department of
Public Works, accompanied by any forms and fees required by the department. The map shall then be ref(~
rred to the Community Development Director for review and the Community Development Director
shall make a report together with recommendations for acceptance or denial to the
City Planning Commission within twenty (20) days after the map has been accepted for filing. The
City Planning Commission shall then have twenty (20) days in which to review and make a report
together with recommendations for acceptance or denial
to the City Council.E, If the map is not approved by the City Council, the subdivider will be
notified and given the opportunity to correct the map and resubmit
it to the Council.F. If the tentative parcel map is approved by the City Council pursuant to
this section, and requires no further adjustments, the subdivider shall be notified within a
reasonable period of time,G. No Certificate of Use and Occupancy shall be issued by the Department
of Building and Safety until the parcel map is recorded by the County Surveyor and is on file in the office
of the
Engineer of Orange, California,H. If no action is taken upon a tentative parcel map by an agency authorized by
the ordinances of the City to approve, conditionally approve or disapprove the tentative parcel map or
by the City Council within the time limits specified or any authorized extension thereof, the tentative
map, as filed, shall be deemed to be approved, insofar as it complies with applicable
requirements of the Subdivision Map Act and the ordinances of the City, and it shall be the duty of the Clerk of
theCity Council
to certi/)' such approval.I. With respect to parcel maps, the subdivider may appeal from any action of
an advisory agency to the City Council pursuant to the procedure set forth in the Subdivision Map
Act. (Ords, 10-99; 22-78: Prior
Code 1003 I (a)(3))16.
12.060 Final Parcel Map.A, A final parcel map shall be submitted to the Department of Public
Works, [t shall be accompanied by any information or
materials required by that department.Exhibit "Coo Del
B. For all divisions of land not including any dedications or offers to dedicate, the staff of the
department shall inspect the map to assure that no technical error has been made and that all
conditions of approval have been met. Upon staff approval, the map shaH be signed by the City
Engineer.
C, Upon approval by the City Engineer, pursuant to this subsection, all final parcel maps which
include any dedications or offers to dedicate, shall be referred to the City Council for final approval.
Ords, 22-78; 32-65: PriorCode
10031(b))Chapter 16.
16 REQUlREMENTS--DEDICATIONS-FEES 16.16.010 Reasons
for Disapproval of Map.16.16.020 Street,
Allev and Easement Dedications.
16.16.030 Cul-de-sac.
16.16.040 Ril!hts-of-Wav Requirements.
16.16.050 Conditions Causinl! Disapproval of
Map.16.16.060 Requirement for Utility Provision.16.16.
065 Appropriate Cable Television Svstems--Opportunity to Serve
Subdivisions.16.16.070 Private
Streets, Allevs and Ways.16.
16.080 Bicvcle Paths.16.16.
090 Equestrian Trails.16.16.
100 Local Transit Facilities.16.16.110 Elementarv Schools.
16.16.120 Reservation
of Areas for Specific Uses.16.
16.130 Fees--Generallv.16.16.140 Drainal!e Fees.16.16.150
Fees for Bridl!e Crossinl!s and Maior
Thoroul!hfares.16.16.160 Requirement
to Install Improvements--Reimbursement When.16.
16.170 Soils Report
Required.16.16.180 Taxes and Assessments.16.
16.190 Monuments.16.16.010 Reasons for Disapproval of Map.A map shall be disapproved for
failure to meet or perform any of the requirements or conditions imposed by the Subdivision Map Act
or this title, However, such a failure shall not result in disapproval if the agency with the power
of final approval over the map determines that the failure is the result of technical and inadvertent
error which does not materially
affect the validity of the map,Ord, 22-
78: Prior Code 10040)16.16.020 Street, Alley and Easement Dedications.A, The City Council shall determine
whether, as a condition of approval of a final parcel map, the subdivider shall dedicate or make
an irrevocable offer of dedication of all parcels of land within the subdivision that
are needed for streets, alleys, including access
rights and abutters' rights, drawings,public utility easements and other public easements,B. If dedications or
offers of dedication are made by separate instrument, such dedications or offers of dedication shall be recorded
concurrently with, or prior to, the parcel map
C, The City Council shall determine whether any dedication or offer of dedication of a street shall
include a waiver of direct access rights to such street from any property shown on a subdivision mapasabuttingthereon. If the dedication is accepted, the waiver shall becom(~ effective in accordance
with the provisions of the Subdivision Map Act with respect to the waiver of direct access.
D, All streets, alleys and easements which are dedicated or are offered for dedication shall complywithallapplicableCityStandardsandshallcomplywithSections16,16,030 through 16.16,070.
Ord, 22-78: Prior Code 1004 I (
a))16.16.030
Cul-de-sac.The radius of the cul-de-sac for a street shall be 50 feet. The radius of
a cul-de-sac may be reduced to not less than a minimum of 40 feet or not more than a
maximum of 60 feet only in accordance with adopted Council standards on file with the Department ofPublicWorks, The radius of the cul-de-sac for an alley shall not be less than thirty-
five feet. (Ord, 22-78:
Prior Code 10041(a)(I))16.16.040 Rights-of-Way Requirements.Streets shall have a total right-of-way of not less than sixty feet in width and not less than thirty-six feet
in width of vehicular accessway, except that the City Council may accept less than
said minimum widths in accordance with adopted Council
standards on file with the Department of Public Works and provided the following conditions exist:A. The street to be
accepted
is an extension of an existing street which is less than sixty feet in width;B. Unusual conditions which,
in the opinion of Council, may make a width of sixty feet or more of right-of
way impractical or unnecessary due to unusual conditions such as having one side of a street adjoining a railroad
right-of-way, or in the case of an unusually short, dead end street; but in no case,however, shall
any street be less than thirty-six feet in width from curb to curb, or from
the limits of the vehicular accessway in the event there are no curbs, except, if
permitted, in accordance
with adopted Council standards on file with the
Department of Public Works. (Ord, 22-78: Prior Code 10041 (a)(2))16.16.
050 Conditions Causing Disapproval of Map.Existence of one or more of the following conditions may be cause for
disapproval:A, Maps showing one or more streets designed to terminate in a cul-de-sac if any such
street is in excess
of six hundred feet in length from the center of the cul-de-sac to the first
intersection of such street with another street;
B. Maps showing street grades in excess of twelve percent. (Ord, 22-78: Prior Code 10041 (a)(3))16.16.
060 Requirement for Utility Provision.If, in the opinion of the Council, the streets and
alleys shown on any tentative map do not provide for most suitable, reasonable, or economic locations for any
of the distribution facilities of the utilities,such as sewers, storm drains, water and gas mains, and
pole lines and conduits for electric current, or other devices providing for community service, into or through the land
shown on the map either for the service thereof or for the service of other areas,
the Council may require provision to be made for the location of such utilities and facilities thereforonrouteselsewherethanwithinthestreetsoralleys, This may be done either by the
establishment of public easements for utility purposes as
public interest in the matter of location and of right-of-way for utility purposes. Easements
may be required to be adjacent to and follow lot lines. (Ord, 22-78: Prior Code
10041(a)(4))16.16.065 Appropriate Cable Television Systems--
Opportunity to Serve Subdivisions.A, All subdivisions for which a tentative map or parcel map is
required pursuant to Government Code 66426 shall provide any and all appropriate cable television
systems an opportunity to construct, install, and maintain a cable television system on public
streets, highways, alleys, public properties, public easements, and any and all land identified on the tract map as
dedicated or to be dedicated to public utility use, 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.S. "Appropriate cable television systems" as used in this section, means
those franchised or licensed to serve the geographic area in which
the subdivision is located.C. Public easements, as used in this section, shall include but shall not be
limited to any easement created by dedication to the City or public utility for public utility purposes
or
any other purposes whatsover.D. Access to public streets, highways, public properties, public easements, and
any and all land identified on the map as dedicated or to be dedicated to public utility use shall
be granted upon terms mutually acceptable to the subdivider and the appropriate cable television system,
In the event that no mutually acceptable terms can be agreed upon, then all appropriate
cable television systems shall have the right to construct a separate
trench and place all equipment necessary to extend cable television system to each residential parcel
in the subdivision
at its sole cost.E, If, and to the extent, multiple appropriate cable television
systems install cable television equipment in separate trenches, said separate trenching shall be performed
at essentially the same time and contiguous to the trenching for placement
of public utility lines,F, No tentative map or parcel map shall be approved by the legislative
body without the imposition of the conditions expressed in Sections
A and D hereof.G, This section shall not apply to the conversion of existing
dwelling units to condominiums,community
apartments, or stock cooperatives,H. If any of the requirements of this section are deemed or held by
any court of competent jurisdiction or administrative agency to be inconsistent with Government Code
Section 66473,3, and other applicable law, said requirements shall be deemed null and void
and
unenforceable, (Ord, 3-88)16.16.070 Private
Streets, Alleys and Ways.Private streets, alleys or ways may be permitted only when the welfare of
the occupants of the subdivision will be better served and the public welfare will not be impaired
through the use thereof or the kinds of improvements thereon, and on conditions which
guarantee the construction of necessary local improvements and the continued maintenance thereof. Such
private street, alley or way shall not be offered for dedication and shall be shown on the final parcel
map as parcels lettered alphabetically, or as easements in accordance with adopted City Standards,
As a condition of approval of a final map, a subdivider may be required to provide on such
private streets, alleys or ways an unobstructed right of access or unobstructed easement for City
vehicles and services, or vehicles performing neccssary City functions as determined by the City
Council, including, but not limited to, sanitation services, police, firc, and school district bus services, In no
case shall any gate Exhibit "C" Del Rio
or obstruction of any kind hinder or obstruct such access without express approval of the City
Council. (Ord. 22-78: Prior Code 10041(a)(
5))16.16.080 Bicycle
Paths.The City Council shall determine whether, as a condition of final approval of a final tract map or
a final parcel map, the subdivider shall be required to dedicate such additional land as may
be necessary and feasible to provide bicycle paths for the use and safety of residents if the
subdivision,as shown on the final map thereof, contains 200 or more parcels; provided that the developer
may voluntarily so dedicate if the subdivision, as shown on the final map thereol: contains less than
200 parcels, (Ord. 22-78: Prior Code
10041 (b))16.16.090
Equestrian Trails.The City Council shall determine whether, as a condition of final approval of a final tract map
or a final parcel map, the subdivider shall be required to dedicate such additional land as
may be necessary and feasible to provide equestrian trails for the use and enjoyment of residents, (
Ord, 22-78: Prior Code
10041(c))16.16.100 Local
Transit Facilities.The City Council shall determine whether, as a condition of final approval of a final tract map
or a final parcel map, the subdivider shall be required to dedicate or make an irrevocable
offer of dedication of land within the subdivision for local transit facilities, including, but not limited
to, bus turnouts, benches and
shelters, if:A, The subdivision as shown on the tentative map has the potential for 200 dwelling units or
more if developed to the maximum density shown on the adopted plan or contains 100 acres
or more;B. The City Council finds that transit services are or will, within a reasonable time period,
be made available to such subdivision, (Ord, 22-78: Prior
Code 10041(d))16.16.
110 Elementary Schools.The City Council shall determine whether, as a condition of approval of a final
tract map, a subdivider who develops or completes the development of one or more
subdivisions within any school district created pursuant to the State Education Code and having territory
partly or wholly within the City limits of Orange may be required to dedicate to the school district such
lands as the City Council shall deem to be necessary for the purpose of constructing thereon
schools necessary to assure the residents of the subdivision adequate elementary school service, (Ord,
22-78: Prior
Code 1004 I (e))16.16.120 Reservation of
Areas for Specific Uses.The City Council shall determine whether, as a condition of
subdivision approval, the subdivider shall be required to reserve areas of real property within the
subdivision for parks, recreational facilities, fire stations, libraries or other public uses, The reservations shall
be required pursuant to conditions set forth in the Subdivision Map Act. (Ord,
22-78: Prior Code
10042)16.16.130 Fees--Generally.The payment of fees shall be required in the following instances set out
in Sections 16,16,140 and 16,16,150 according to applicable provisions of the Subdivision
Map
Act. (Ord, 22-78: Prior Code 10043)Exhibit "
16.16.140 Drainage Fees.
The payment of fees shall be required in the following instances, according to applicable provisions
of the Subdivision Map Act:
A. As a condition precedent to approval of a tract map, parcel map or other development project
within a drainage assessment area shown on the Master Plan of Drainage, dated May, 1981, owners
or developers shall pay a drainage fee to the City of Orange, The purpose of the fee shall be to
defray the estimated costs of constructing planned drainage facilities for the removal of surface and
storm waters from the drainage assessment area. Fees collected pursuant to this section shall be
deposited into a special account established for each assessment area, and funds therein shall be
expended solely for the construction or reimbursement for construction of local drainage facilities
within the drainage assessment area from which the fees comprising the account are collected, and to
reimburse the City for the cost of engineering and administrative services necessary to design and
construct the facilities. Reimbursement to owners or developers who install local masterplanned
drainage facilities which will benefit future development within the drainage assessment area shall
be provided pursuant to California Government Code Sections 66485, 66486 and 66487, (Ord, 37-
81)
B. The fees for each drainage assessment area, as shown on Plate 5 of the Master Plan of Drainage,
dated May, 1981, on file in the office of the City Engineer, shall be as follows:
AREA FEE
Dollars! Acre)
A $ 924
B 835
C 1,783
D 2,146
E 453
F 1,902
G 2,218
H 1,014
1398
11721
III 1,042
IV 1,229
V 2,539
VI 2,841
V111,259
VIII 781
IX 1,914
X 1,294
Ord,37-
81)C. All fees set forth in this section shall be automatically adjusted on January I, 1982,
The percentage change in the Engineering News-Record, Los Angeles Area Construction Cost
Index for the preceding twelve-month period shall be the basis for each annual
adjustment. (Ord, 37-81)Exhibit "C" Del Rio
D, Consideration in lieu of fees required pursuant to this section may be accepted by the City
Council, provided that:
1. The City Council finds, upon recommendation of the Director of Public Works, that the
consideration proposed by the owner or developer as a substitute for the fee has a value equal to or
greater than the fee; and
2, The substitute consideration is in a form acceptable to the City Council.
E, The foregoing notwithstanding, the Director of Public Works shall have authority to determine
whether the drainage obligation of the subdivision shall be satisfied by payment of fees or by the
construction of master-planned drainage facilities, Such a determination shall be based on
the Director's evaluation as to the need for protecting the public interest. (Ords, 37-81;
50-79; 22-78:
Prior Code 10043(a))16.16.150 Fees for Bridge
Crossings and Major Thoroughfares.A, The payment of a fee established by the Department of Public Works as
a condition of approval of a final map or as a condition of issuing a building permit for the purpose of
defraying the actual or estimated cost of construction
shall be required when:1. Bridge crossings over railways, freeways, streams or canyons are required
in order to conform with transportation or flood control provisions of the Circulation Element
of the General Plan heretofore adopted by the City, together with any additions
or amendments
thereto hereafter adopted; or 2, Major thoroughfares, whose primary purpose is to carry through traffic
and provide a network connecting to the State highway system, are required in order to confonn
to provisions of the Circulation Element
of the General Plan,B. Payment of fees shall
not be required unless:1, The planned bridge facility is an original bridge serving the area or an
addition to any existing bridge facility serving the area at the time of the adoption ofthe boundaries of
the area of benefit;2, The major thoroughfares are in addition to, or a reconstruction
of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of
the area of benefit.C. The City Council shall hold a public hearing, pursuant to Subdivision
Map Act requirements, for each area benefited, At such public hearing, the boundaries of the area of
benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area
of benefit and fee
apportionment shall be established,D. If, at any time not later than the hour set for public hearing, there is a
written protest, filed with the Clerk of City Council, by the owners of more than one-half of the area
of the property to be benefited by the improvement, and sufficient protests are not withdrawn so
as to reduce the area represented to less than one-half of that to be benefited,
then the proposed proceedings shall be abandoned, and the City Council shall not, for one year from
the filing of that written protest,commence or carry on any proceedings for the
same improvement or acquisition
under the provisions of this section,E, Consideration in lieu of fees required pursuant to this section
will be
accepted by the City Council, provided:I, The City Council finds, upon recommendation of the Director
of Public Works, that the substitute consideration has a value equal to
or greater than the fee; and 2, The substitute consideration is in a fonn acceptable to the
City Council. (
Ord. 22-78: Prior Code 10043(b))Exhibit "
16.16.160 Requirement to Install Improvements-Reimbursement
When.The City Council shall determine whether, as a condition of subdivision approval, the
subdivider shall be required to install improvements for the benefit of the subdivision which
contain supplemental size, capacity or number for the benefit of property not within the subdivision, and
that such improvements be dedicated to the public. If the Council so determines, then the procedure
for making such reimbursements shall be pursuant to the applicable requirements of the
Subdivision Map Act. (Ord, 22-78: Prior
Code 10044)16.16.170 Soils
Report Required.A preliminary soils report prepared pursuant to the Subdivision Map Act shall be submitted
to the City Engineer, prior to the submittal of the tentative tract or tentative pared map. In
addition, the following shall
be provided:A, A preliminary soils report shall also be provided for every subdivision for which a parcel
map
is required;B. The preliminary soils report may be waived if the City Engineer determines that, due
to his knowledge of the quality of the soils in the subdivision, no preliminary analysis
is necessary;C. If the preliminary soils report indicates the presence of critically expansive soils or
other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each
lot in the subdivision shall be required, (Ord, 22-78:
Prior Code 10045)16.16.180
Taxes and Assessments.Subdivision taxes and assessments shall be made pursuant to the procedure set
forth In the Subdivision Map Act. (Ord, 22-
78: Prior Code 10046)
16.16.190 Monuments.All monuments shall be fixed pursuant to the requirements of the Subdivision
Map Act. In addition,the
following may be required:A, A two-inch iron pipe (or larger) shall be found or set at
or near each parcel boundary;B. Lot comersshall be monumented with 1/2 inch iron pipes (or
larger)
or by approved offset monuments;C. Orange County Surveyor Type "A" and "8" Will Monuments
shall be set where applicable,D. Centerline points of control shall be monumented with not less
than eight-inch spikes and
tags,Ord, 22-78: Prior
Code 10047)Chapter 16.20 IMPROVEMENT SECURITY
16.20.010 Condition
of Subdivision Approval.16.20.020 Requirements.16.
20.030 Determination of Default of Subdivider.
16.20.010 Condition of Subdivision Approval.Security shall be furnished in connection with any
improvement agreement or contract required as a condition of subdivision approval, and shall
comply with applicable provisions of the Subdivision Map
Act. (Ord. 22-78:
Prior Code 10050(a))16.20.020 Requirements.All improvement
security shall include, but not be limited to:
A, One hundred percent of the total estimated cost of the improvement or act to be performed,
conditioned upon the faithful performance of the act or agreement; and
B. One hundred percent of the total estimated cost of the improvement or act to be performed
securing payment to the contractor, the subcontractor and to persons furnishing labor, materials or
equipment to them for the improvement or the performance of the required act. (Ord, 22-78:
Prior Code10050(
b))16.20.030 Determination of Default of
Subdivider.Upon the failure of the subdivider to complete any improvement, acts, or obligations within the
time specified, the City Council may, upon notice in writing of not less than ten days served upon
the person responsible for the performance thereof, or upon notice in writing of not less than
twenty days, served by registered mail addressed to the last known address of such person, determine
that the subdivider is in default, and may cause the improvement security or such portion thereof as
is necessary to complete the work or act and any other obligations of the subdivider secured thereby
to be forfeited to the City, The security for the construction and completion of improvements shall
not be waived under any condition, (Ord. 22-78: Prior Code
10050(c))Chapter 16.28 ENFORCEMENT AND
JUDICIAL REVIEW 16.28.
010 Enforcement.16.28.
020 Remedies.16.28.
010 Enforcement.The provisions of this title shall be enforced in accordance with the applicable provisions
of the Subdivision Map Act. (Ord, 22-78:
Prior Code 10070)16.
28.020 Remedies.A, All remedies available to both public and nonpublic entities hereunder shall
be those granted under the
Subdivision Map Act.B. Requests for Certificates of Compliance shall be accompanied by the fee
established by the Department of Public Works to cover the cost of issuing and recording such
certificates, (Ord. 22-78:
Prior Code 10071)Chapter 16.32
LOT LINE ADJUSTMENTS 16.
32.010 Definition.16.32.020 Criteria for Acceptance
of Proposed Proiect.16.32.030 Items to be Submitted When
Applvin2 for Adiustment.16.32.040 Procedures
to be Followed.16.
32.010 Definition.A LOT LINE ADJUSTMENT is a minor adjustment between two or more
adjacent parcels, where the land taken from one parcel is added to an adjacent parcel and where a greater
number of parcels than originally existed is not thereby created, (Ords, 40-78;
8-78: Prior Code 10101)Exhibit "C" Del
16.32.020 Criteria for Acceptance of Proposed Project.
The proposed project shall comply with all of the following:
A, The project site described in the proposal shall consist of legal building sites which shall not
result in the need for additional improvements or facilities;
B. No dedications or street improvements are required;
C. The requirements ofthe California Environmental Quality Act;
D, The General Plan of the City or any adopted elements thereof; or any adopted Specific Plans;
E. All applicable zoning regulations, (Ord, 579) (Ords, 4078; 8-78: Prior Code
10102)16.32.030 Items to be Submitted When Applying for
Adjustment.The following items shall be submitted when applying for a lot line
adjustment:A, Application for lot line adjustment, filled out completely and signed by record owners of
all parcels involved in proposed
project;B. A copy of the grant deed for each parcel, showing present record
owner;C. Full legal description of each existing parcel, including names of current record owners
and assessor parcel
numbers;D. An original lot line adjustment map, clear and legible, drawn in black ink; the map shall
include the following
information:1. Map scale and north
arrow,2. Location of the project site in relation to existing streets and the distance to the nearest
cross
street,3. The existing and proposed lot layout, using a heavy solid line for project boundary, light
dashed lines for existing property lines to be adjusted, and solid lines for proposed property
lines,4. Bearings and distances for all parcel
lines,5, A number for each parcel and the net area of each parcel; net area equals the gross area minus
any easements that restrict surface use of the
property,6. Any other information as may be required by the Subdivision Section of the Department of
Public
Works;E, A site plan map, which may be submitted on a copy of the lot line adjustment map (Subsection
D,qfthis section), including the following
information:1. Location and width of all existing or proposed easements or rights-of-way,
whether public or private, and indicate to whom
easement is granted;2. Location of any aboveground or underground structures on the site,
with dimension distances from proposed property lines to structures; if there are no structures on the
lots proposed for adjustment, a note on the map
stating that fact;3. Any other
information as required,F, Any processing fees as required, (Ords. 40-78;
8-78: Prior Code 10103)16.32.
040 Procedures to be Followed.This procedure shall be followed when applying
for a lot line adjustment:A. Before submitting an application, the person desiring the lot
line adjustment shall first consult with the Subdivision Section of the Department of
Public
Works to ascertain applicable requirements,B. After this consultation, the applicant shall submit the
application, with any required processing fees, with any other documents required under Section 16,32,
030, The Subdivision Section shall review the application and related documents to ensure technical
accuracy and acceptable format for Exhibit "C" Del
recording, When such determination is complete, the Subdivision Section shall forward the
application for review by the Community Development Director and a staff review committee as
designated by the City Manager.
C. The Community Development Director shall review the application and related documents to
verifY compliance with zoning and land use ordinances and with established policies and procedures
of the City, The Community Development Director shall recommend approval or disapproval of the
application and set the matter on the agenda of the next regularly scheduled meeting of the City
CounciL
D, The City Council shall by resolution approve, conditionally approve or disapprove the application
within thirty days from the date of referraL If no action is taken regarding the application for a lot
line adjustment within the time period, such application shall be deemed approved.
E, If the lot line adjustment is conditionally approved or disapproved, the applicant shall be notified
within a reasonable period of time and given the opportunity to correct the map,
F, If the lot line adjustment application is approved, the Department of Public Works shall cause the
resolution the application, the lot line adjustment map, and legal descriptions in precise conformance
with the lot line adjustment, to be recorded in the office of the County Recorder. (Ords. 3-03;
10-99;40-78; 8-
78: Prior Code 10104)
Chapter 16.33 EASEMENTS
16.33.010 Purpose.16.33.
020 Covenants of Easement.16.33.
030 Release of Covenant.16.33.040 Standin!!: to ChaIIen!!:
e or Enforce Covenant.
16.33.010 Purpose.The purpose of this chapter is to implement Sections 65870 through
65875 of the California
Govemment Code, (Ord, 8-91)16.
33.020 Covenants of Easement.A. In addition to any other method for the creation of an easement, an easement
may be created by a recorded covenant of easement made by an owner of real property to
the City, An easement created pursuant to this section may be for parking, ingress, egress, emergency acct~
ss, light and air
access,landscaping, or open-space purposes.B. At the time of recording of the covenant of easement, all
the real property benefited or burdened by the covenant shall be in common ownership, The covenant
shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of
Title 2 of Part 2 of Division 2 of the Civil Code, except that it shall not merge into
any other interest in the real property. Section 1\ 04 of the Civil Code shall be applicable
to
conveyance of the affected real property,C, A covenant of easement
recorded pursuant to this section shall:Describe the real property to be subject to the easement and
the
real property to be benefited thereby;2, IdentifY the approval, or designation granted which relied
upon or required the covenant; and 3, Be in form and
substance acceptable to the City Attorney,Exhibit "C"
D, A covenant executed pursuant to this section shall be enforceable by the successors in interest to
the real property benefited by the covenant.
E, Such a covenant of easement may be required as a condition of any tentative parcel or tract map,
conditional use permit, variance, or other discretionary land use approval under Titles 16 and/or 17
of the Orange Municipal Code, (Ord, 8-
91)16.33.030 Release of
Covenant.A, Any person, whether or not having title to any affected real property, may petition the City for
a release of any covenant of easement created pursuant to this chapter. Such petition shall be
in writing, shall clearly set forth the reasons such a release is sought and shall be accompanied
by payment in full of the processing fee therefor, which shall be in the amount of one hundred
dollars 100,00) or such other amount as the City Council shall, by resolution, determine from time to
time is reasonable, calculated to recover the costs of processing such a
petition,B. Such a petition shall be presented to the Planning Commission for determination in a
public hearing upon not less than ten day notice mailed to the owners of record on the last
equalized property tax assessment of the Orange County Assessor of the properties benefited and burdened
by the easement and of all property within a three hundred (300) foot radius of either the benefited
or burdened property, In addition, notice of such public hearing shall be published at least once,
not less than ten days prior to such hearing in a newspaper of general circulation in the
City,C. The Planning Commission shall grant a release upon a determination that the restriction of
the property imposed by the covenant of easement is no longer necessary to achieve the land use
goals of the City, The decision of the Planning Commission may be appealed to the City Council by
any affected person in accordance with provisions of Title 17 relating to appeals of decisions
on conditional use permits, Such a release shall be effected by recordation of a release
document executed by the Mayor and attested to by the City Clerk, upon authorization of the City
Council.Ord,
8-91)16.33.040 Standing to Challenge or
Enforce Covenant.Nothing in this chapter shall create in any person other than the City and the owner of
the real property burdened or benefited by the covenant standing to enforce or to challenge the
covenant or any amendment thereto or release therefrom as set forth in Section 65875 of
the California Government Code, (
Ord, 8-91)Chapter 16.35
VESTING TENTATIVE MAPS 16.35.010
Citation and Authoritv.16.35.020
Purpose and Intent.16.
35.030 Consistencv.16.
35.040 Definitions.16.
35.050 Application.16.
35.060 FiIinl!.16.
35.070 Processinl!.16.
35.080 Fees.16.
35.090 Expiration.16.35.100 Vestinl! on Approval
ofVestinl! Tentative Map.16.35.110 Applications Inconsistent
with Current Policies.Exhibit "C" Del Rio Dev,
16.35.010 Citation and Authority.
The ordinance codified in this chapter is enacted pursuant to the authority granted by Chapter 4.5
commencing with Section 66498,1) of Division 2 of Title 7 of the Government Code of the State
hereinafterreferred to as the Vesting Tentative Map Statute), (Ord, 10-
86)16.35.020 Purpose and
Intent.It is the purpose of this chapter to establish procedures necessary for the implementation of
the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act
and Title 16 of this code, Except as otherwise set forth in the provisions of this chapter, the
applicable provisions of Title 16 of this code shall apply to vesting tentative
maps,To accomplish this purpose, the regulations outlined in this chapter are determined to be
necessary for the preservation of the pubic health, safety and general welfare, and for the promotion of
orderly growth and development. (Ord.
10-86)16.35.
030 Consistency.No land shall be subdivided and developed pursuant to a vesting tentative map for
any purpose which is inconsistent with the general plan and any applicable specific plan or not permitted
by Title 17 or other applicable provisions of the Orange Municipal Code, (
Ord, 10-86)16.
35.040 Definitions.A, VESTING TENTATIVE MAP, A tentative map for a residential
or non-residential subdivision,as defined in other provisions of Title 16 of this code, that shall have
printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with
Section 16,35,060,and is thereafter processed in accordance
with the provisions hereof,B. All other definitions set forth in the Title 16 of this Code are
applicable, (Ords, 13-01:
10-86)16.35.050 Application.A, This chapter shall apply to residential and
non-residential developments, Whenever a provision of the Subdivision Map Act, as implemented and supplemented by
other provisions of Title 16 of this code, requires the filing of a tentative map or tentative
parcel map for a residential or non-residential development, a vesting tentative map may instead
be filed, in accordance with the provisions hereof,B. If a subdivider does not seek the rights conferred
by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a
prerequisite to any approval for any proposed subdivision,permit for construction,
or work preparatory to
construction, (Ords. 13-01: 10-86)16.35.060 Filing.A vesting tentative map shall be filed
in the same form and have the same contents, accompanying data and reports as set forth in other provisions
of
Title 16 for a tentative map, except as hereinafter provided:A, Subdivider shall
obtain Design Review Committee preliminary approval of development prior to filing a vesting tentative map, Processing and
content shall be as detailed in City's document entitled Design Review
Committee Submittal Procedure," B, Subdivider shall obtain all necessary zone changes
prior to or concurrent with filing a vesting tentative map,C, At the time a vesting tentative map is
filed it shall have
printed conspicuously on its face the words: "Vesting
D, At the time a vesting tentative map is filed, a subdivider shall also supply the following
information:
I, Design Review Committee approved plans and drawings;
2. Sewer, water, storm drain, and road details;
3. Geological studies;
4, Flood control information;
5, School impact analysis;
6. Traffic impact analysis;
7, Detailed grading plans;
8, Solar access, passive or natural heating or cooling opportunities analysis;
9, Signing program (advertising, locational, and safety signing systems);
10, Any other material considered essential to the proper evaluation of the project (i,e,; open space
maintenance responsibilities, provisions made for trails and/or parks and their maintenance
responsibilities),
NOTE: All developments require compliance with the California Environmental Quality Act. Some
of the above information may be included in reports prepared for that purpose, If so, the information
requested above the need only be referenced to the E,I.R, (Ords, 10-99;
10-86)16.35.
070 Processing.A, Within thirty (30) days, the applicant will be notified that the application is accepted
as complete or not complete, If the application is not accepted as complete, the applicant shall be notified
of the measures required to make the
application complete,8, All vesting tentative maps shall be processed in the same manner as set forth in Section 16,
12.010 of this code for a tentative tract map, (
Ord, 10-86)16.
35.080 Fees.Upon filing a vesting tentative map, the subdivider shall pay the fees required by
the current fee schedule for the filing and processing of a tentative
map, (Ord, 10-86)
16.35.090 Expiration.The approval or conditional approval of a vesting tentative map shall expire at the
end of the same time period, and shall be subject to the same extensions, established by other
provisions of this code for the expiration of the approval or conditional approval of a
tentative map. (Ord, 10-86)16.35.100 Vesting on
Approval of Vesting Tentative Map.A. The approval or conditional approval of a vesting tentative map shall
confer a vested right to proceed with development in substantial compliance with the
ordinances, policies, and standards as described in
Government Code Section 66474,2,However, if Section 66474,2 of the Government Code is
repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right
to proceed with development in substantial compliance with the ordinances, policies, and standards in effect in
effect at the time the vesting tentative map
is approved or conditionally approved,B. Notwithstanding subsection A of this section, a permit, approval,
extension or entitlement may be made conditional or denied if any
of the following area determined:I. A failure to do so would place the residents of the subdivision
or the immediate community, or both, in a condition dangerous to their
health or safety, or both,Exhibit "C" Del
2, The condition or denial is required, in order to comply with state or federal law.
All extensions of time are discretionary and may be approved, conditionally approved or denied,
C. The rights referred to herein shall expire if a final map is not approved prior to the expiration of
the vesting tentative map as provided in Section 16.35.090, If the final map is approved, these rights
shall last for the following periods of time:
L An initial time period of twelve (12) months, Where several final maps are recorded on various
phases of a project covered by a single vesting tentative map, this initial time period shall begin for
each phase when the final map for that phase is recorded,
2. The initial time period set forth in subsection C I shall be automatically extended by any time used
for processing a complete application for a grading permit or for design or architectural review, if
such processing exceeds thirty (30) days, from the date a complete application is filed,
3, A subdivider may apply for a one year extension at any time before the initial time period set forth
in subsection C I expires,
4, If the subdivider submits a complete application for a building permit during the periods of time
specified in subsections CI through 3, the rights referred to herein shall continue until the expiration
of that permit, or any extension of that permit. (Ord, 10-
86)16.35.110 Applications Inconsistent with Current
Policies.Notwithstanding any other provision of this chapter, a property owner or his designee may
seek approvals or permits for development which depart from the ordinances, policies and
standards described in Section 16.35,100 and these approvals may be granted or these permits issued to
the extent that such departures are authorized by provisions of Title 16 of this code or by
current policies. (Ord,
10-86)Chapter 16.40
GRADING REQUIREMENTS 16.40.
010 Citation.16.40.
020 Purposes.16.40.
030 Scope.16.40.040 Incorporation
bvReference.16.40.
050Amendment.16.40.060
AdditionalRequirements.16.40.
010 Citation.This chapter shall be known and may be cited as the City of Orange Grading Ordinance, (
Ord, 2-90)16.
40.020 Purposes.The purpose of this chapter is to incorporate by reference and to provide for the
amendment of those official documents which safeguard life and property and protect the public
welfare by establishing minimum requirements to regulate grading and earthwork and to control the quality
of drainage and runoff within the City, Further, those documents encourage the use of
contour grading, variable slope concepts and innovative landscape technology to retain the rural character of
hills and to promote aesthetically pleasing concepts in the design of hillside grading and
construction, (
Ord, 2-90)Exhibit "C" Del Rio Dev,
16.40.030 Scope.
This chapter and the documents incorporated by reference herein, set forth the rules and regulations
to control excavation, grading and earthwork construction, including cuts and fills; establishes the
administrative procedure for the issuance of grading permits and provides for review and approval of
plans and the inspection of grading construction. (Ord, 2-
90)16.40.040 Incorporation by
Reference.That certain document entitled City of Orange Manual of Grading, is hereby incorporated
by reference and made a part of this chapter. In addition, that certain document entitled Guidelines
for Landform Grading and Planting, is hereby incorporated by reference and made a part of this
chapter.Copies of each of these documents, with all amendments thereto, are on file in the Office of the
City Clerk for use and examination by the public. (Ord,
2-90)16.40.
050 Amendment.The City Council shall make changes to the City of Orange Manual of Grading and
the Guidelines for Landform Grading and Planting by resolution, (
Ord, 2-90)16.40.
060 Additional Requirements.In addition to the requirements set forth in the City of Orange manual of grading
and the guidelines for landform grading and planting, the City Engineer may impose additional
specific requirements as set forth in the various Department of Public Works Standards and
Specifications when sound engineering practice indicate the need for such additional requirements, (
Ords. 13-03; 2-90)
Chapter 16.50 LANDSCAPING
REQUIREMENTS 16.50.010
Citation.16.50.020
Purposes.16.50.030 Scope.16.
50.040 Incorporation bv
Reference.16.50.050
Amendment.16.50.010 Citation.This chapter shall be known and may be cited as the
City of Orange Landscaping
Ordinance.16.50.020 Purposes.The purpose of this chapter is to incorporate by reference and
to establish minimum standards and specifications for landscape design, construction, and inspection of
both
private and public work
projects,16.50.030 Scope.This chapter and the documents incorporated by reference herein, set
forth the rules and regulations which will assure an acceptable level of landscape treatment,
commonly encountered in the industry,It is intended to address all phases of landscape
planning from
conceptual design through construction documentation,Exhibit "C" Del
16.50.040 Incorporation by Reference.
That certain document entitled City of Orange Landscape Standards and Specifications, is hereby
incorporated by reference and made a part of this Chapter. Copies of said document, with all
amendments thereto, are on file in the Office of the City Clerk for use and examination by the
public,
16.50.050 Amendment.
The City Council shall make changes to the City of Orange Landscape Standards and Specifications
by resolution, (Ord, 1-
92)Title 17
ZONING Chapter 17.02 GENERAL
PROVISIONS 17.02.010 Purpose and
Intent.17.02.020 Compliance
Required.17.02.030 Enforcement-
Le2al Procedures--Penaltv.17.02.040 Sale of
Copies of Plans.17.02.010
Purpose and Intent.In interpreting and applying the provisions of this title, they shall be held to
be the minimum requirement for the promotion of the public safety, health, convenience,
comfort, prosperity or general welfare, It is not intended by this title to interfere with or abrogate or
annul any easements,covenants, or other agreements between parties; provided, however, that where this
title imposes a greater restriction upon the use of buildings or premises or upon height of
buildings or requires larger space than is imposed or required by other ordinances, rules or regulations
or by easements,covenants or agreements, the provisions of this title shall govern, (Ord, 12-
95: Prior Code 9116)17.
02.020 Compliance Required.All officers and employees of the City authorized or required by law to
issue permits, licenses or other evidences of authority for the erection or locating of any
building, structure or installation within the meaning of this title shall issue no such permit, license or
evidence contrary to the provisions of this title, Any permit, license or evidence issued in conflict with
the provisions of this title shall be null and void. (Ords, 12-95;
14-65: Prior Code 9113.
45)7.02.030 Enforcement--Legal Procedures--Penalty.A, It shall be the duty of the Chief Building Official
to enforce the provisions of this title pertaining to the erection, construction,
reconstruction, moving, conversion,
alteration, or addition to any building or structure,B. It shall be the duty of the Police Department of the
City and all officers of the City otherwise charged with the enforcement of the law, to enforce
this title and all the provisions ofthe same,C, Any building set up, erected, built, moved or maintained,
or any use of property contrary to the provisions of this title, or contrary to any variance
or contrary to any condition attached to such variance or conditional use permit is unlawful and
a public nuisance, and the City Attorney shall,upon order of the Council,
immediately commence proceedings for the abatement, removal and enjoinment thereof in the manner providedby
law, (Ords, 12-95; 14-65: Prior Code
17.02.040 Sale of Copies of Plans.
Copies of maps, charts, plans and other descriptive matter regarding the Zoning Code and map as
made and provided for in this title may be sold by the Planning Division of the City at a charge
determined by the Planning Division, and all moneys received therefrom shall be paid into the City
Treasury, provided, however, that any fee charged shall be consistent with the requirements of law,
Ords. 12-95; 20-82: Prior
Code 9124)Chapter 17.
04 DEFINITIONS 17.04.
010 Construction.17.04.020 "
A" Definitions.17.04.021 "
8" Definitions.17.04.022 "
C" Definitions.17.04.023 "
D" Definitions.17.04.024 "
E" Definitions.17.04.025 "
F" Definitions.17.04.026 "
G" Definitions.17.04.027 "
H" Definitions.17.04.028 "
I" Definitions.17.04.029 "J" Definitions. (
not applicable)17.04.030 "
K" Definitions.17.04.031 "
L" Definitions.17.04.032 "
M" Definitions.17.04.033 "
N" Definitions.17.04.034 "
0" Definitions.17.04.035 "
P" Definitions.17.04.036 "
0" Definitions.17.04.037 "
R" Definitions.17.04.038 "
S" Definitions.17.04.039 "
T" Definitions.17.04.040 "
V" Definitions.17.04.041 "
V" Definitions.17.04.042 "
W" Definitions.17.04.043 "
X" Definitions.17.04.044 "
Y" Definitions.17.04.045 "
Z" Definitions.17.04.
010 Construction.For the purposes of carrying out the intent of this Chapter, the following words, phrases,
and terms shall have the meaning ascribed to them in
this Section,A. The word "City" shall mean the City
of Orange,B. The word "Council" shall mean the City of Orange Council, the governing body of
the City,C. The word "Commission" shall mean the City of Orange
Planning Commission.D, The word "County" shall mean the County
of Orange,E, The word "State" shall mean the State
of California.Exhibit "c" Del Rio Dev, Agreement
F, The words "Zoning Code" or "Code" refer to Title 17 Zoning, of the Municipal Code of the City
of Orange,
G, The word "shall" is mandatory and not discretionary, The word "may" is permissive and
discretionary.
H, References in the masculine and feminine genders are interchangeable,
1. Unless the context clearly indicates to the contrary, words in the present and the future tense are
interchangeable, and words in the singular and plural are interchangeable.
J. Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted
as follows:
1, "And" indicates that all connected items or provisions shall apply,
2, "Or" indicates that the connected items or provisions may apply singularly or in any combination,
3, "Either...or" indicates that the connected items or provisions shall apply singularly but not in
combination,
K. The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased,
occupied, or intended to be utilized,
L. Unless the context clearly indicates to the contrary, other words and phrases shall be construed as
set forth in this chapter. (Ords, 12-95; 400: Prior Code9100.
1)17.04.020 "A"
Definitions.ABANDONED - The cessation of the use of a property by the owner with the intention neither of
transferring rights to the property to another owner nor of resuming the use of the property,
ABUTTING LAND - A parcel of land having a common boundary with another parcel of land except
that parcels having no common boundary other than a common comer shall be considered abutting,
ACCESSORY
LIVING QUARTERS - Living quarters within an accessory building for the sole use of persons
employed on the premises or for use by relatives or guests of the occupants of the premises, having
no kitchen or cooking facilities and not rented nor otherwise used as a separate dwelling,ACCESSORY
SECOND
HOUSING UNIT - An attached or detached permanent residential unit which provides complete
independent living facilities for one or more persons on the same lot upon which an existing
single-family dwelling is situated, For purposes of this definition, "independent living facility"
shall mean an individual unit consisting of living, sleeping, eating, cooking and sanitation facilities
with plumbing and electrical connections attached to an on-site system, Such unit shall
contain a maximum floor area of six hundred forty (640) square feet.ACCESSORY
STRUCTURE - A building attached to or detached from the principal building on the same lot
and customarily incidental and subordinate to the principal building, An accessory structure may not
contain interior plumbing facilities unless its overall size is less than one hundred fifty (150)gross square
feet, in which case it may contain no more than one half-bath (one toilet and one sink),In
no circumstances shall an accessory building contain facilities for fully independent living,ACCESSORY
USE - A use of land or of a building or portion thereof customarily incidental and subordinate to
the principal use of the land or building and located on the same lot with such principal use,
ACREAGE, GROSS -
The total land area within a defined boundary, Gross acreage measurements are made to
the centerline of abutting local streets or to right-of-way boundary of adjacent arterials.ACREAGE,
NET - That portion of gross acreage exclusive of all public lands and rights-of-way,
Exhibit "c" Del Rio Dev, Agreement 25 2004
ADDITION - Any construction that is attached to an existing building and which increases the size of
a building or facility in terms of site coverage, height, length, width, or gross floor area,ADMINISTRA
nVE ADJUSTMENT PERMIT - A special permit which will allow minor adjustments to
certain requirements set forth in the Zoning Ordinance, or as more particularly described in
Section 17,10,050 when it can be shown that strict compliance would be impractical or undesirable in
meeting the purpose and intent of the ordinance and that the adjustment will not have an adverse
effect on the adjoining properties, An Administrative Adjustment Permit is granted at the discretion of
the Zoning Administrator, subject to limitations set forth in the Zoning Ordinance and is not
the automatic right of any applicant.AGRICULTURE - The
use of land for farming, dairying, pasturing and grazing, horticulture,floriculture, viticulture, apiaries,
animal and poultry husbandry, and including accessory activities but not limited
to storage, harvesting, feeding, or maintenance of equipment, excluding stockyards,slaughtering or commercial
food processing,ALLEY - A public
or private way permanently reserved as a secondary means of access to an abutting property.ALTERA nON -
Any change
or rearrangement in the supporting members of an existing building,such as bearing walls, columns,
beams, girders or interior partitions, as weill as any change in doors or windows, or any enlargement
to or diminution of a building or structure, whether horizontally or vertically, or the moving of
a building or structure from one location to another.AMENITY - A natural or man-
made feature which enhances a particular property,ANTENNA - The outdoor portion of
equipment used for the receiving or transmitting of television or radio or similar signals through
space,ANTENNA, GROUND MOUNTED - An antenna that
is attached to a pole, monopole, lattice tower or other freestanding structure specifically constructed for
the purpose of supporting such antenna,APARTMENT - One or more rooms with private
bath and kitchen facilities comprising an independent, self-contained dwelling unit in a building
containing more than two dwelling units.APARTMENT HOUSE - A structure containing three or
more apartment units which is intended for rental purposes,APPLICANT - A person who requests in
writing the
approval of a lease, permit, license, certificate,or other entitlement for use from one or more
public agencies,APPLICA nON - The form and information submitted by an
applicant for purposes of requesting an entitlement to use or develop property.ARBOR - A latticework frame
or open trellis that can support
climbing vines, used as a gateway to a yard or garden area, Dimensions shall not exceed eight feet in
height, four fcet in width and two feet in depth.17.04.021 "8" Definitions.BASEMENT - A space wholly
or partly
underground and having more than
one-half of its height,measuring from its floor to its ceiling, below the average adjoining
grade; if the finished floor level directly above a basement is more than six feet above grade,
such basement shall be considered a story,BEDROOM - Any habitable room other than a bathroom, kitchen, dining
room
or living room.BERM - A mound of earth, usually two to six feet in height.
BIKEWAY - A paved pathway, usually separated from streets and sidewalks, designed to be
used by bicyclists,Exhibit "c" Del Rio Dev, Agreement 26 2004
BIRDS - Birds shall include, but are not limited to, budgies, buntings, canaries, cardinals, cockatiels,cockatoos,
conures, doves, finches, lorries, lorikeets, lovebirds, macaws, mynahs, parakeets, parrots,pigeons,
sparrows, toucans, and weavers, Additional bird species can be considered as pets subject to approval
from the Community Development Director.BLOCK -
A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-
way, waterways or any other barrier to the continuity to development.
BOARDING HOUSE - A dwelling containing no more than five guest rooms and where lodging and/
or meals are provided to the guests and members of the occupant's immediate family who might be
occupying such building,BUFFER
AREAS - An area of land used to visibly separate one use from another or to shield noise,lights or
other possible nuisances,BUILDING - Any
structure having a roof supported by columns or walls and intended for the shelter, housing or
enclosure of any individual, animal, process, equipment, goods or materials of any kind or
nature,BUILDING HEIGHT - The
vertical distance from the average finished grade, as measured around the perimeter of the
structure five feet out from the exterior wall surface to the highest point of the structure, that being the
ridgeline of the roof or the top of the parapet wall on a flat roof, Screened mechanical and electrical towers,
chimneys, and other integral parts of the building or structure occupying no more than
five percent of the roof area shall be excluded from the measurement.Ords, 12-95; 20-
90; 27-87; 20-82; 55-72; 400: Prior Codes 9100,10, 9100.11, 9100,191,17,04,
130,17,04,140,17.04,
150)17.04.022 "C"
Definitions.CARETAKER'S RESIDENCE - A dwelling unit accessory to a principal use on a site and intended
for occupancy on same site as a caretaker, security guard, servant, or similar position generally
requiring residence on the site,
CARPORT - A roofed structure providing space for the parking or storage of motor vehicles, but not fully
enclosed,CELLULAR -
an analog or digital wireless communication technology that provides services such as two
way mobile voice and data communications, paging, voice mail, electronic mail, conference calling, and
facsimile,CENTERLINE - The
centerline of a street as referred to in this code shall mean the right-of-way centerline
as established by the County Engineer of the County, by the City Engineer of any city within
the County, by the State Division of Highways of the State of Califomia.CLINIC -
An establishment where patients are admitted for examination and treatment by one or more physicians,
dentists, psychologists or social workers and where patients are not lodged ovemight.CLUSTER
DEVELOPMENT -
A development design technique that concentrates buildings in specific areas on
the site to allow the remaining land to be used for recreation, common open space,and preservation of
environmentally sensitive features, COMMERCIAL USE - An activity,normally retail sales, carried
out for monetary gain,COMMON AREA - Land held
in common and/or single ownership and not reserved for the exclusive use or benefit of
an individual tenant or owner. COMMON FACILITY - A non-commercial use established primarily for the
benefit and enjoyment of the community in which it is located, typically utility or service use
oriented,Exhibit "CO' Del Rio Dev, Agreement
27 2004
COMMUNAL HOUSING - for non-family groups with common kitchen and dining facilities but
without medical, psychiatric or other care including boardinghouses, lodging houses, dormitories,
fraternity/sorority houses, communes, and religious homes.
COMMUNITY CARE FACILITIES - Any facility, place or building where non-medical care and
supervision are provided for seven or more persons (does not include the licensee or members of the
licensee's family or persons employed as facility staff),
COMMUNITY CENTER - A facility operated to provide recreational, cultural or other similar activities,
CONDITIONAL
USE PERMIT - A zoning instrument used primarily to review the location, site development, or
conduct of certain land uses, These are uses which generally have a distinct impact on the
area in which they are located, or are capable of creating special problems for bordering properties unless
given special attention, A conditional use permit is granted at the discretion of the Planning Commission
or Zoning Administrator and is not the automatic right of any applicant.CONDOMINIUM - A
building or group of buildings owned on a proportional basis with a specific benefit of ownership
being the right to occupy an individual unit located within the structure(s),CONTRIBUTING STRUCTURES - All
pre-1940 buildings and structures so identified in the City's Historic Building Inventory,
COOP - A coop
is a place of confinement, usually in the form of a cage or small enclosure, used in conjunction with the keeping
of birds,CORNER CUT-OFF - The
triangular area created by measuring from a corner a given distance along each property line
or driveway and connecting the points at the end of those lines.CULTURAL RESOURCE - any structure,
portion of a structure, improvement, district, or any grouping of structures or improvements
related to one another by virtue of their sharing of common characteristics or uses, and any
natural feature, landscape, site, area or object of scientific, aesthetic,educational, cultural, architectural, landscape architectural,
archaeological, or historic significance to the citizens of the City
and the State of California, the Southern California region or the Nation which is listed in the
National Register or is eligible for listing in the National Register.CURB GRADE - The level of
the established curb in front ofa building, as measured at the center of the frontage, (Ord, 4-03 {ll (
part); Ords, 24-96; 12-95; 20-82; 38-80; 13-65; Prior Codes 17,86,010
and 9114)
17.04.023 "D" Definitions.
DAY CARE CENTER - Any facility which provides non-medical care for an individual on less than
a twenty-four (24) hour basis including child day care centers for thirteen (13) or more
children,Ord,
12-95)DAY NURSERIES - A facility where children are temporarily cared for in their parents'
absence when and if there is provided on the lot or adjacent to the premises a play lot completely fenced,
and containing an area of not less than nine hundred (900) square feet, plus an additional fifty (
50)square feet for each child in excess of nine children and subject to all safety precautions as
required by the Fire Department and Building Division, (Ords, 12-95;
20-82; 18-76)DECORATIVE BANNER - A lightweight, flexible colored fabric of any size
or material, not exceeding twenty-four (24) square feet in area and attached singly or in pairs to
utility poles or street light standards, which are used to identifY, promote or advertise a commercial
or industrial district or a festival, spectacular or other similar event of a general civic or public nature,
or to complement the visual appearance of a commercial or industrial district but which do
not contain written advertising copy, See Section 17,36,150 for
applicable regulations, (Ord, 7-01)Exhibit "C" Del
DEFENSIBLE SPACE - A physical space which is made usable and safe by means of a design encouraging
pedestrian circulation, visual access and the elimination of visually obstructed areas,Ord,
12-95)
DEMOLITION - An act or process that destroys, moves, or razes in whole or in part a building,structure,
or site or permanently impairs its structural or architectural integrity. (Ord, 12-95)
DENSITY - The number of families, individuals, dwelling units, or housing structures per unit of land, (
Ord. 12-95)
DENSITY BONUS - A density increase of at least twenty-five (25) percent over the otherwise
allowable residential density under the applicable land use element of the General Plan, (Ord, 12-
95)DENSITY TRANSFER - Permitting unused allowable densities in one area to be transferred to
another area while maintaining the average density over the aggregate land area. (Ord, 12-
95)DESIGN - Design means: (1) architectural features; (2) street alignments, grades and widths; (3)
drainage and sanitary facilities and utilities, including alignments and grades thereof; (4) location
and size of all required easements and rights-of-way; (5) fire roads and fire breaks; (6) lot
size and configuration; (7) traffic access; (8) grading; (9) land to be dedicated for park or
recreation purposes;and (10) such other specific requirements in the plan and configuration of the entire project
as may be necessary or convenient to insure conformity to or implementation of the General Plan
or any adopted specific plan, (
Ord, 12-95)17.04.
024 "E" Defmitions.EASEMENT - A grant of one or more of the property rights by the property owner to, and/or
for the use by the public, a corporation or another person or entity. (
Ord, 12-95)EAVES - The projecting lower edges of a roof overhanging the wall of a building, (
Ord, 12-95)ELEVATION - A flat scale drawing ofthe front, rear or side ofa building or structure, (
Ord, 12-95)ENCLOSED - A covered space fully surrounded by walls, including windows, doors,
and similar openings or architectural features, for a space of not less than 100 square feet fully surrounded
by a building or walls exceeding eight feet in height. (
Ord, 12-95)ENHANCED SPECIALIZED MOBILE RADIO (ESMR) - a digital
wireless communication technology that specializes in providing dispatching services for mobile radio systems, (
Ord, 24-96)ENVIRONMENTAL IMPACT REPORT (EIR) - A detailed statement setting
forth the environmental effects and considerations pertaining to a project as specified in Section 21100
of the California Environmental Quality Act, and may mean either a draft or a final EIR, (
Ord, 12-95)17.04.
025 "F" Definitions.FACADE - The exterior wall of a building exposed to public view or that wall viewed
by persons not within the building, (
Ord, 12-95)F AMIL Y - One or more persons related by blood or legal status or a group of not more
than six persons who are not so related, living together as a single housekeeping unit in a
dwelling unit.Ords, 12-95; 6]-64: Prior Code
17.04,260)FAMILY DAY CARE HOME, LARGE - A single-family dwelling with th(~
accessory daytime care of seven to 12
children, (Ord, 12-95)FAMILY DAY CARE HOME, SMALL - A single-family dwelling with
the accessory daytime care of one to
six children, (Ord, 12-95)FLOOD PLAIN ZONE - AREA OF SHALLOW FLOODING - A designated AH, AO,
or VO zone on the Flood Insurance Rate Map (F,LR,M,) in which: (I) The base flood depths range
from one to Exhibit "c" Del Rio Dev,
three feet; (2) A clearly defined channel does not exist; and (3) The path of flooding is unpredictableandindeterminate, (Ords, 12-95;
20-82)FLOOD PLAIN ZONE - AREA OF SPECIAL FLOOD HAZARD - The land in the flood plainwithinacommunitysubjecttoaonepercentorgreaterchanceoffloodinginanygivenyear. (Ords,
12-95;
20-82)FLOOD PLAIN ZONE - BASE FLOOD - A flood having a one percent chance of being equaled or
exceeded in any given year. (Ords, 12-95;
20-82)FLOOD PLAIN ZONE - BREAKAWAY WALLS - Any type of walls, whether solid or lattice; and
whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building
material, which are not part of the structural support of the building and which are so designed as to
break away, under abnormally high tides or wave action, without damage to the structural integrity
of the building on which they are used or any buildings to which they might be carried by flood
waters. (Ords, 12-95;
20-82)FLOOD PLAIN ZONE - COASTAL HIGH HAZARD AREA - The area subject to high velocity
waters, including but not limited to, tsunamis, The area is designated on a F,LR,M. as Zones V and
VI-30. (Ords, 12-
95; 20-82)FLOOD PLAIN ZONE - FLOOD - A general and temporary condition of partial or
complete inundation of normally dry land area from: (I) the overflow of inland or tidal waters; (2) the
unusual and rapid accumulation of runoff of surface waters from any source; and/or1(3) mud slides (i,e"
mud flows) which are proximately caused or precipitated by accumulations of water above or under
the ground, (Ords, 12-
95; 20-82)FLOOD PLAIN ZONE - FLOOD, DESIGN - That flood against which protection is to be
provided by means of land use regulation, flood protective or flood control works, The design flood shall
be the 100-year recurrence interval (base flood). (Ords,
12-95; 20-82)FLOOD PLAIN ZONE - FLOOD HAZARD AREA - An area having special flood mudslide (
i.e"mudflow) and/or flood-related erosion hazards, as shown on a Sectional
District Map, Flood Insurance leased, let or hired out to be occupied, or which is occupied, at the home
or residence of three or more families living independently of each other, with provisions for
doing their own cooking in said building, (
Ords, 12-95; 20-82)FLOOD PLAIN ZONE - FLOOD INSURANCE RATE MAP (F,
LR,M,) AND FLOOD BOUNDARY FLOODW A Y MAP - The official maps on which
the Federal Insurance Administration has delineated both the areas of special flood hazards and the
risk premium zones applicable to the community, (
Ords, 12-95; 20-82)FLOOD PLAIN ZONE - FLOOD INSURANCE STUDY - The
Federal Insurance Administration Flood Insurance Study for Orange County, Unincorporated Areas," dated
March IS, 1979,providing flood profiles, as well as the boundaries and the water surface elevations of
the base flood,including the Flood Boundary and Floodway Map incorporated therein, (
Ords, 12-95; 20-82)FLOOD PLAIN ZONE - FLOOD PROOFING - Any combination of
structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary facilities, structures and
their
contents, (Ords, 12-95;20-82)FLOOD PLAIN ZONE - FLOOD PROTECTION SYSTEM - Those
physical structural works for which funds have been authorized, appropriated, and expended and
which have been constructed specifically to modifY flooding in order to reduce the extent of the area
within a community subject to a "special flood hazard" and the extent of the depths of associated
flooding, Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or
dikes, These specialized flood Exhibit "C" Del Rio
modifYing works are those constructed in conformance with sound engineering standards, (Ords, 12-
95; 20-
82)FLOOD PLAIN ZONE - FLOOD RELATED EROSION - The collapse or subsidence ofland along theshoreofalakeorotherbodyofwaterasaresultoferosionorundermining, caused by waves or currents
of water exceeding anticipated cyclical levels, or suddenly caused by an unusually high water
level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of
nature, such as flash flood or by an abnormal tidal surge, or by some similarly unusual and unforeseeable
event which results in flooding, (Ords, 12-95; 20-
82)FLOOD PLAIN ZONE - FLOODW A Y - The channel or a river or other watercourse and that part of the
flood plain reasonably required to discharge the design flood without cumulatively increasing the water
surface elevation more than one foot at any point assuming equal conveyance reduction outside
the channel from the two sides of the flood plain, (Ords. 12-95; 20-
82)FLOOD PLAIN ZONE - FLOODWAY FRINGE - The area between the 100-year flood boundaryandtheFloodwayshownontheFloodBoundaryandFloodwayMapincorporatedintheFlood
Insurance Study. (Ords, 12-95;
20-82)FLOOD PLAIN ZONE - FLOODWA Y, REGULATORY - The area designated as the "floodway"
on the official Federal Insurance Administration Flood Boundary and Floodway Maps incorporatedintheFloodInsuranceStudyfortheCountyofOrange, (Ords, 12-95;
20-82)FLOOD PLAIN ZONE - HABITABLE FLOOR - Any floor usable for living purposes, which
includes working, sleeping, eating, cooking or recreation, or a combination thereof, A floor used
only for storage purposes is not a "habitable floor." (Ords, 12-95;
20-82)FLOOD PLAIN ZONE - STRUCTURE - Anything constructed or erected requiring a fixed location
on the ground or attached to something having a fixed location on the ground except business signsandotherimprovementsofaminorcharacter. For flood plain management purposes, "structure"
means a walled and roofed building, including a gas or liquid storage tank that is principally above
ground, and includes a mobile-home, (Ords, 12-
95; 20-82)FLOOR AREA, GROSS - The total horizontal area, in square feet, including the exterior walls
of all floors of a structure, (
Ord, 12-95)FLOOR AREA RATIO (F,A,R,) - The building square footage divided by lot area,
Building square footage shall include all structures on a lot, including garages and accessory
structures, unless otherwise provided in this Code. (
Ord. 12-95)FRONTAGE - The length of that portion of a lot abutting a street. (
Ord, 12-95)17.04.
026 "G" Definitions.GARAGE - A deck, building or structure, or part thereof, used or intended to be used for
the parking and storage of vehicles, (Ords, 12-95; 400: Prior Code
17,04,270)GENERAL PLAN - The adopted General Plan of the City of Orange which is the
official statement of policy relative to physical development within the City boundaries, (
Ord. 12-95)GRADE, NATURAL - The elevation of the ground surface in its natural state,
before man-made alterations, (Ords, 12-95; 20-82; 723:
Ref, Code 12,04,010)GRADING, CONTOUR - A grading concept designed to result in
earthfonns and contours which resemble natural terrain characteristics, with generally curving,
non-linear slope banks having variations in the slope ratios of the horizontal
and vertical curves, (Ord, 12-95)GRANNY" HOUSING - Refer
to Accessory Second Housing Unit.Exhibit "C" Del
GROUP HOME - Any residential care facility for six or fewer persons who are mentally disordered or
otherwise handicapped or supervised and where such a facility is licensed by the State, (Ord, 12-95)
GUEST
PARKING - Parking spaces provided with a residential unit for intermittent use by visitors.Ord, 12-
95)GUEST
ROOM - Any rented or leased room which is used or designed to provide sleeping accommodations for
one or more guests in apartments, hotels, motels, private clubs, lodges, and fraternal organizations, (
Ord, 12-95)17.
04.027 "R" Definitions.HANDICAPPED
HOUSING - Any housing which is designed and physically improved to accommodate physically
handicapped persons, (Ord, 12-95)HEALTH
FACILITY - Any facility, place or building which is organized, maintained, and operated for the
diagnosis, care, prevention, and treatment of human illness, physical or mental. For a complete definition,
refer to Section 1250 of the California Health and Safety Code. (Ord, 12-95)HOME
OCCUPATION - Any accessory activity carried out for financial gain which is conducted within a
dwelling unit or an accessory structure to the unit.The principal
use of the dwelling unit must be a residential use, and the home occupation must be incidental to
the residential use of the dwelling unit. Home occupation activities shall involve the use of materials
and equipment only found customarily in a residential unit. (Ords, 12-95; 3-93; 12-
80;35-79; 15-69: Prior Code
17,04,290)HOMEOWNERS ASSOCIATION - A community association which is organized
within a development in which individual owners share common interests and responsibilities for
open space,landscaping, and/or facilities. (
Ord, 12-95)HOSPITAL - An institution consisting of a facility licensed by the State Department
of Public Health for the provision of clinical, temporary or emergency service of a medical,
obstetrical or surgical nature to human patients, including overnight care of patients, (
Ord, 12-95)HOTEL - A residential building designed or used to be rented for transient occupancy by
guests for dwelling, lodging, or sleeping purposes containing six or more guest rooms or suites of
rooms not containing cooking facilities, but not including any building in which human beings are
housed or detained under legal restraint or which is used as a drug or other rehabilitation center. (
Ords, 12-95;20-82; 400: Prior
Code 17,04,030)17.
04.028 "I" Definitions.IMPROVEMENT - Any building, structure, wall fences, steps, paving, gate,
sign, light, general arrangement of place or area, the kind of texture or quality of
building material, landscaping,hardscape, or work of art or other object which may be erected upon or proposed to
be erected upon any specific real
estate, (Ord, 12-95)INSTITUTIONAL USE - A non-profit or quasi-public use of institution
such as a church, library,public, or private school, hospital, or municipally owned or operated
building, structure or land, used
for public purpose, (Ord, 12-95)INTERIOR STREET - A private drive or lane having a designated speed of
25 mph or less which affords circulation and access within a residential development
of attached or
multi-family dwelling units, (Ord, 12-95)INTERMEDIATE CARE FACILITY - Similar to Residential
Care Facility, but greater levels of care and supervision are provided, including up to 40 hours of nursing
care per week, Such a facility Exhibit "c"
requires State licensing and is not considered "senior citizen housing" for the pUlposes of this Title,
Ord, 12-
95)17.04.029 "J"
Defmitions.Not
applicable,17.04.030 "K"
Defmitions.KITCHEN - A room or portion thereof containing facilities designed or used for the preparation of
food, including a sink and cooking facilities such as a stove, oven, microwave oven, range and/or hot
plate, (Ords, 12-95; 400: Prior Code 17,04.
030)17.04.031 "L"
Definitions.LAND USE PLAN - A plan showing the existing and proposed location, extent and intensity of
development of land to be used in the future for varying types of residential, commercial, industrial,
agricultural, recreational, educational and other public and private purposes or combination of
purposes, (Ord, 12-
95)LANDMARK - any site or improvement, manmade or natural, which has special character or specialhistorical, cultural, architectural, archeological, community or aesthetic value as part of the heritage
of the city, region or the United States, (Ord, 12-
95)LANDSCAPING - An area devoted to or developed and maintained predominantly with native or
exotic plant materials including lawn, ground cover, trees, shrubs, and other plant materials; and also
including accessory decorative outdoor landscape elements such as pools, fountains, paved or
decorated surfaces (excluding driveways, parking, loading, or storage areas), (Ord, 12-
95)LANDSCAPING PLANS - A plan which indicates the type, size and location of vegetative and
accent material proposed for the landscaping of a site including all irrigation and other devices
necessary to maintain such landscaping, (Ord, 12-
95)LATTICE TOWER - a freestanding structure with three or four steel support legs, used to hold a
variety of antennas, They range in height from 60 to 200 feet, and are generally found in areas where
greater height is needed, where multiple microwave antennas are required, or where weather
conditions demand a more substantial structure. (Ord, 24-
96)LOADING SPACE - An off-street space or berth on the same lot with a building or contiguous to
a group of buildings for the temporary parking of a commercial vehicle while loading or
unloading merchandise or materials and which abuts upon a street, alley, or other appropriate means of
access,Ord.
12-95)LODGING HOUSE - A house with guest rooms where lodging is provided for compensation
and where meals are not served, (Ord,
12-95)LOT - Land which abuts upon at least one public street, or any numbered or otherwise
designated parcel of land shown on: (I) a recorded tract map, (2) a record of survey map recorded pursuant
to an approved division of land, or (3) a parcel map. (Ords, 12-95; 20-82; 62-64: Prior
Code 17,04.330)LOT, CORNER - A lot or parcel of land abutting upon two or more streets at
their intersection, or upon two parts of the same street forming an interior angle of less than 135
degrees, (Ords, 12-95;400: Prior
Code 17,04.340)LOT, CUL-DE-SAC - A lot which is adjacent to a cul-de-sac as
defined in Standard Plan No, 109 of the Department of Public Works Plans and
Specifications, January 1981 edition, (Ords, 12-
95; 22-78: Ref. Code 16,16,030)
LOT, FLAG - A lot having access to a street by means of a private driveway access easement, or parcel
of land not meeting the requirements of this Code for lot width, but having a dimension of at least20feetatitsnarrowestpoint. (Ord, 12-95)
LOT, FRONTAGE - The distance between the side lot lines measured at tbe front setback line on a line
parallel with the street property line, (Ord, 12-95)
LOT, INTERIOR - A lot other than a comer lot. (Ords, 12-95; 400: Prior Code 17,04.350)
LOT, KEY - The first interior lot to the rear of a reversed comer lot which is not separated therefrom by
an alley. (Ord, 12-95)
LOT, KNUCKLE - A lot adjacent to a street knuckle as defined in Standard Plan 110 of the Department
of Public Works Plans and Specifications, January 1981 edition. (Ords, 12-95; 20-
82)LOT, REVERSED CORNER - A comer lot in which the side lot line is substantially a continuation
of the front lot line of the nearest lot to its rear. (Ord, 12-
95)LOT, SUBSTANDARD - Any lot which does not meet the minimum dimensions, the area of anyeasementwhichrestrictsthenormalusageofthelotmaybeexcluded, (Ord, 12-
95)LOT, THROUGH - A lot which fronts upon two streets which do not intersect at the boundaries of
the lot. (Ords, 12-95; 400: Prior Code 17,04.
360)LOT AREA, NET - The area within the property lines of a parcel exclusive of any dedications for
public rights-of-way, parks and
school sites,LOT COVERAGE - The area devoted to the principal and accessory structures, patios enclosed
on three sides, garages, and covered
parking,LOT DEPTH - The average linear measurement between the front and rear lot lines when measured
at 90 degree angles from the front lot line,
LOT LINE - The lines bounding a lot as defined herein,LOT
LINE, FRONT - The line separating the narrowest street frontage of the lot from the street right-of-
way,
LOT LINE, REAR - The lot line opposite and most distant from the front lot line; or in the case of an
irregularly shaped lot, a straight line not less than ten feet long, within the lot, and most nearly paralleltoandatthemaximumdistancefromthefrontlotline,LOT
LINE, SIDE - Any lot lines other than the front or rear lot lines.LOT WIDTH -
The average linear distance between side lot lines when measured at a ninety (90)degree angle to
the front lot line, (Ords, 12-95; 24-96; 20-82; 22-78; 62-64; 400:
Prior Code17,04.330,17,04,340,17.04.350,17,04.360; Ref. Code 16,
16,030)17.04.032 "
M" Definitions.MANUFACTURED HOME - A structure designed for single-family residential use thatisfactorymadeand
assembled on-site,MANUFACTURING - A use engaged in the manufacture, predominantly frompreviouslypreparedmaterials, of finished products or parts, including processing, fabrication, assembly,
treatment, and packaging of such products, and incidental processing of extracted or
raw materials,MAP ACT - The Subdivision Map Act of the State of
California,MARQUEE - A permanent roof structure attached to and supported on a building projecting over a
building setback line,
MAXIMUM LOT (BUILDING) COVERAGE - The maximum area of the lot that may be covered by
buildings, roofed structures and patios enclosed on three sides, This may be expressed in square footage
or as a percentage of the minimum lot area,Exhibit "
C" Del Rio Dev, Agreement 34 2004
MERGER - The joining of two or more contiguous parcels of land under one ownership into one parcel
pursuant to the Subdivision Map Act.MILLS
ACT - Provides property tax relief for owners of qualified historic properties who agree to comply with
certain preservation restrictions, (Ca, Gov. Code Sections 50280-50289), (Revenue and Tax
Code Number Sections 439,2-439.4)
MINI-WAREHOUSE - A structure containing separate storage spaces of varying sizes, leased or
rented on an individual basis.
MINIMUM BUILDING PAD - The minimum land area in square feet required within a lot which constitutes
an acceptable building pad,MINIMUM
NET LOT AREA - The amount ofland that must be contained in a lot for each dwelling unit to
be built on that lot. This ratio is typically applied in multiple-family zones. In single-family
zones, it is the same as minimum lot size,
MIXED USE - The development of a tract of land or building or structure with two or more different uses
such as, but not limited to, residential, office, manufacturing, retail, public, or entertainment, in a
compact urban form,MOBILE
HOME - A detached structure intended for single-family dwelling with all of the following
characteristics:A,
Designed for long term occupancy, and containing sleeping accommodations, a flush toilet, a tub or
shower bath, and kitchen facilities, with plumbing and electric connections provided for attachment
to an outside system;8.
Designed to be transported after fabrication on its own wheels, or on a flat bed or other trailer or detachable
wheels; mobile homes do not move by means of an internal power source;C.
Delivered to the site where it is to be occupied as a complete dwelling, including major appliances
and furniture, and ready for occupancy except for minor and incidental unpacking and assembly
operations, location on foundation, connections to utilities and other incidental preparations
for occupancy,MOBILE
HOME PARK - Any area or tract of land which accommodates two or more mobile homes used for
human habitation.MONOPOLE - a
structure composed of a single spire used to support antennas and related communications equipment. Monopoles
range in height from twenty-five (25) to one hundred twenty-five (
125) feet, and are approximately three feet in diameter at the base, narrowing to approximately
one and one-half feet at the top,
MOTEL - An establishment otherwise defined as a hotel with at least twenty-five (25) percent of all
rooms having direct access to the parking areas without the necessity of passing through the main
lobby of the building,
MOTOR VEHICLE - A machine capable of self-propulsion, with or without human guidance,
whether for the performance of work or as a mode of transportation,
MULTI-PHASE DEVELOPMENT - A development project that is constructed in increments, each
increment capable of existing independently of the other. (Ords, 22-98; 24-96; 12-
95; 20-82; 38-73;400: Prior Codes 17.04,300, 17,
04.370, 17,04,380)
17.04.033 "N" Definitions.NOMINA TED RESOURCE - Those structures, buildings, places, urban d'~
sign features and other objects for which application for
designation has been made,Exhibit "C" Del Rio
NONCONFORMING LAND - A parcel the size, dimensions or use of which was lawful prior to the adoption,
revision or amendment to a zoning ordinance, but which fails by reason of such adoption,revision
or amendment, to conform to the present requirements of the zoning district.NONCONFORMING
STRUCTURE - A structure or building the size, dimensions or location of which was
lawful prior to the adoption, revision or amendment to a zoning ordinance, but which fails by
reason of such adoption, revision or amendment, to conform to the present requirements of the zoning
district.NONCONFORMING USE -
A use or activity which was lawful prior to the adoption, revision or amendment to a
zoning ordinance, but which fails, by reason of such adoption, revision or amendment, to conform
to the present requirements of the zoning district.NONCONTRIBUTING BUILDINGS - Buildings
within the Old Towne Square Mile historic district which do not
contribute to the district because the buildings are cont<:mporary in architectural styleand are less
than fifty (50) years old,NURSING HOME - An extended
or intermediate care facility licensed or approved to provide full-time convalescent or chronic care
to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care
for themselves, (Ords, 12-95; 20-82)17.04.034 "
0" Definitions.OFF-STREET PARKING
SPACE - A parking area for a motor vehicle that is not located on a dedicated street right-
of-way,OFFICE,
PROFESSIONAL - A use providing professional or consulting services in the fields of law, medicine,
architecture, design, engineering, accounting, reading of palms, and similar services,ON-STREET
PARKING SPACE - A short term parking area for a motor vehicle which is located on a dedicated
street right-of-way,
OPEN SPACE, ACTIVE - Any parcel or area of land or water set aside, dedicated, designated,reserved
or developed for public or private use which may contain recreational facilities such as pools
and swimming areas, court and other game areas, playing fields and equipment facilities for various
activities,OPEN
SPACE, COMMON - Land within or related to a development, neither individually owned nor dedicated
for public use, which is intended for the common use or enjoyment of the residents of the development
and may include such complementary structures and improvements as are necessary and
appropriate,OPEN SPACE,
PASSIVE - Any parcel or area of land or water set aside, dedicated, designated,reserved or developed
for public or private use or enjoyment which is established in order to preserve the natural
and aesthetic qualities of the area and may be used for nonstructured recreational activities,OPEN
SPACE, PRIV
ATE - An open space, fenced or otherwise, which is reserved for the exclusive use by the occupants
of a single specified dwelling unit.OPEN SPACE, PUBLIC - Open
space owned by a public agency and maintained by it for the use and enjoyment of the general
public,OPEN SPACE, USABLE - Any space
on a lot not enclosed by buildings and intended for recreation and leisure uses, Usable open space
includes yards, courtyards, balconies, decks, porches, and patios but does not include driveways, parking
spaces or side yards less than eight feet in width, In multiple-family developments, indoor recreation areas
may count toward the usable open space requirement.Exhibit "C" Del Rio
Dev,
Agreement 36 2004
OUTDOOR ADVERTISING STRUCTURE - A structure of any kind or character erected or maintained
for outdoor advertising purposes, upon which any outdoor advertising sign or other advertising
device may be placed,OVERHANG,
VEHICLE - The portion of a parking space for a vehicle that extends beyond the wheel stops
or curb,OVERLAY DISTRICT -
A district established by this title, which may be applied to an area or vicinity only in
combination with a base district.OVERLAY ZONE - A
set of zoning requirements that is described in the text of the Orange Municipal Code, is mapped
and is imposed in addition to those requirements of the underlying district.OWNER OF PROPERTY -
The
owner of record on any parcel of real property as listed on the county assessor's tax roll,
or a holder of a subsequently recorded deed to the property,OWNER'S AUTHORIZED AGENT - Any
person authorized to act for the owner of a property by virtue of a notarized statement of
authorization, a proof of contract to purchase or a lease to the property, (Ord, 12-95)17.04.
035 "P" Definitions.
PAD, BUILDING - The relatively flat
buildable portion of a lot, not exceeding a five percent grade,created with the original subdivision, Retaining
walls used to increase pad size shall not exceed three feet in overall height as measured
from top of wall's foundations to top of walL PARAPET - The vertical extension of external
walls of a building that rise above the roofleveL PARCEL - An area of land, the boundaries
of which have been legally established in conformance with the state Subdivision Map Act.PARCEL MAP,
TENTATIVE - A map made for the
purpose of showing the design and improvement of a proposed subdivision which need not be
based upon an accurate or detailed final survey of the property.PARCEL MAP, VESTING - A map
which meets the requirements
of Section 66452 of the Government Code and confers a vested right to develop,PARKING -
The stopping or stationary location of a vehicle without
the operator present.PARKING AREA, PRIVATE - An area, other than a street, designed or
used primarily for the parking of private vehicles and not open to general public use,PARKING
AREA, PUBLIC - An area used for the parking of vehicles and
available for general public use, either free or for remuneration,PARKING SPACE - An area with minimum
dimensions as established in tht: parking standards
for a district, which is accessible and available for the parking of one vehicle,PARKS, PUBLIC -
An open space intended for public recreational use which is operated by
the City, County or State,PERMITTED USE - Any use allowed in a zoning district by right
and subject to the
restrictions applicable to that zoning district.PERSONAL COMMUNICATION SERVICES (PCS) - A digital wireless communication technology that will
provide a broad range of
telecommunication services, such as two-way mobile voice and
data communication, paging, facsimile, voice mail, electronic mail, and video telecommunications,PLANNED UNIT DEVELOPMENT -
A development established to provide an alternative to standard residential development wherein
the
existing General Plan densities are preserved but Exhibit "C" Del Rio Dev.
Agreement 37 2004
flexibility is provided by allowing the clustering of units and combining of open space, recreation
areas and roadways under common ownership,
PLOT PLAN - A diagram of a lot, as seen from above, showing the outline of all structures on the lot
and indicating the distance of the structures from the borders of the lot.PRELIMINARY
SITE PLAN - A preliminary plan developed to identifY the location and general relationships between:
land uses, improvements, structures, circulation systems, landscaping and design elements.
PRIVATE CLUB -
A building and related facilities owned or operated by a corporation, association,or group of
individuals established for the fraternal, social, educational, recreational or cultural enrichment of its
members and not primarily for profit, and whose members share common interest or pay dues,
PUBLIC SERVICES OFFICES
OR USES - Those offices or uses established by any governmental or public entity which
are established to provide direct service to the public at a particular location,Examples of public service
offices and uses include, but are not limited to, the following:A, Department of Social
Welfare;B. Department of Motor
Vehicles;C, Department of Human
Resources Development;D, Internal Revenue Service;
E, Social Security Administration;
F, Jails and similar
detention facilities;G, Hospitals established and
maintained by public entities;H, Courts,PUBLIC UTILITY
STRUCTURE - Any
substation, equipment housing building, or similar structure used or operated by
a public utility, (Ords, 4-00; 12-95; 15-73: Prior Code 17,04.410)17.04.
036 "Q" Definitions.QUASI-PUBLIC -
A use owned or operated by a non-profit, religious or charitable institution and providing
education, cultural, recreational, religious or similar types of public programs, (Ord, 12-95)
17.
04.037 "R" Definitions.REBUILD -
To undertake construction within and/or on an existing building which has a valid construction permit
with a construction value greater than seventy-five (75) percent of the replacement
cost of the existing building being rebuilt. (Ord. 12-95)
RECREATIONAL TRAIL - A multi-purpose pathway designated and maintained for use by
equestrians, hikers, and bicyclists, Motorized vehicles are restricted from recreational trails, (Ord,
12-
95)RECREATIONAL VEHICLE - A trailer or motorized vehicle that is intended for recreational,
camping and travel use, including but not limited to truck campers, camping trailers, self-
propelled motor homes, all-terrain vehicles and boats, (
Ord, 12-95)RECREATIONAL VEHICLE PARK - An area used or intended to be used for
camping by recreational vehicles, (Ords, 12-95; 20-82; 400: Prior
Code 17,04,090)RESIDENTIAL CARE FACILITY - Any family home, group care facility or
similar facility as determined by the Director of the State Department of Social Services
which provides twenty-four 24) hour non-medical services, supervision or assistance essential
for sustaining the activities of Exhibit "C" Del
daily living or for the protection of the individual. Such facilities require State licensing and are not
considered "senior citizen housing" for the purposes of this Title. (Ord, 12-
95)REST HOME - An extended or intermediate care facility licensed or approved to provide full-
time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness
or infirmity, are unable to care for themselves, (Ord,
12-95)RETAIL - The selling of goods, wares or merchandise directly to the ultimate
consumer.RIGHT-OF-WAY - A corridor, either public or private, on which a right of passage
has
been recorded,ROOM - An area of a building fully enclosed by walls, windows, and/or doors, and a roof and
floor.ROOM, PRIMARY - A living room, dining room or family room,
ROOM, SECONDARY - All rooms other than primary rooms,ROOM
AND BOARD FACILITY - A facility where centralized kitchen and dining areas are provided, and
where individual units do not have full kitchens, Services such as housekeeping,laundry, and
full-time staff supervision may also be offered, but medical care or individual care or supervision
is not provided, (Ords, 19-97; 12-95; 7-89; 20-82; 5-71; 400: Prior
Codes 17.04.090,17,04,190, 17,04.420
and 17.04.430)17.
04.038 "S" Definitions.SATELLITE DISH ANTENNA - A parabolic or disc shaped antenna of either
solid or mesh construction intended for the purpose of receiving communications
from
orbiting satellite transceivers,SCENIC HIGHWAY - Any highway designated as a scenic highway by an agency of
the city,county, state or
federal government.SCREENING - A method of visually shielding or obscuring one abutting or nearby structure or
use from another by fencing, walls, berms or densely planted
vegetation,SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION - The guidelines
prepared by the National Park Service for Rehabilitation of Historic Buildings and the Standards for
Historic Preservation Projects,
SENIOR CITIZEN APARTMENT PROJECT - A residential apartment complex, developed in accordance
with the provisions contained in Chapter 17,14, with each dwelling unit containing independent
living and kitchen facilities, At least one resident of each apartment unit must be a senior
citizen, with the exception of the resident manager, if any,SENIOR
CITIZEN HOUSING, CONGREGATE CARE - Senior citizen housing which provides meal service
at a central dining facility but does not provide twenty-four (24) hour services or superviSIOn.
SENIOR
CITIZEN HOUSING DEVELOPMENT - Housing designed to meet the physical and social needs
of senior citizens, developed in accordance with the provisions contained in Chapter 17,14,
Such developments include, but are not limited to, senior citizen apartments, room and board facilities, and
care and supervision facilities, Senior citizen housing does not include state licensed rest homes,
group homes, convalescent hospitals, etc" which are regulated by other provisions of the Municipal Code,
SETBACK LINE -
A line within a lot parallel to and measured from a corresponding lot line,forming the boundary
of a required yard and governing the placement of structures and uses on the lot.SIDEWALK - A
paved
surface or leveled area paralleling and usually separated from the street used as a pedestrian walkway,
Exhibit "C" Del Rio
Dev, Agreement 39 2004
SIGN - Any writing (including letter, word, or numeral), pictorial presentation (including illustration or
decoration), emblem (including device, symbol, or trademark), flag (including banner or pennant),or
any other device, figure or similar character which:A,
Is a structure or any part thereof, or is attached to, painted on, or in any other manner represented on
a building or other structure or device; and B.
Is used to announce, direct attention to or advertise; and C,
Is visible from outside the building or structure,SIGN,
COMMERCIAL - A sign whose message concerns goods or servIces offered for consideration by
a person or entity engaged in a profit-oriented business,SIGN,
FREESTANDING - The term "!,'found sign" or "pole sign" shall mean any sign which is supported by
one or more uprights, poles or braces in or upon the ground which are not a part of any building,SIGN,
ILLUMINATED -
See "Sign, Lighted,"SIGN, LIGHTED - Any
sign illuminated by electric lighting devices,SIGN, MARQUEE - A permanent
roofed structure that projects over public property and is attached to and supported by a
building,SIGN, MOVING - Any advertising structure
which has any visibly moving or revolving parts,Digital clocks and thermometers are exempt
from this definition,SIGN, NONCOMMERCIAL - Any sign that is
not intended to augment any commercial enterprise or to generate income, Noncommercial signs include,
but are not limited to messages that are religious, civic or political in nature,SIGN,
NONSTRUCTURAL TRIM - The molding, battens, reveals,
caps, returns, letters, and raceways which are attached to the sign structure,
SIGN, POLE - See "Sign, Freestanding."SIGN, PROJECTING - A
sign other than a wall sign
which projects from and is supported by a wall or a building or structure.SIGN, ROOF - A sign erected,
painted or attached upon or
above the roof of a building or structure,SIGN, TEMPORARY - Any sign, banner, pennant, valance, or advertising display constructed
on cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or
without frames,intended to be displayed for a limited period of time only,SIGN,
WALL - Any sign attached to, erected against, or painted upon the
wall of a building or structure, the face of which is in a single plane attached and parallel
to the plane of the wall.SIGN, WIND - A series of similar banners or objects of plastic or other
light material more than two inches in any diameter which are fastened together at intervals by wire, rope, cord,
string or by any other means, designed to move and attract attention upon being subjected to pressure by
wind breeze,SIGN AREA - The sign area of an individually lettered sign including the background,
is
measured by enclosing the entire sign within two sets of parallel lines that contain all words
or images composing the sign, The sign area of a sign with border or background is measured
by a single continuous perimeter enclosing the exterior limits of the border or background, In calculating the area
of signs, only one side of a two-sided sign shall be counted, so
long as the parallel planes are not more than twenty (20) inches apart,SIGN STRUCTURE - The sign and the supports,
uprights, braces and framework of the sign,
SITE - Any plot or parcel of land or combination of contiguous lots or parcels of
land,Exhibit "C" Del Rio Dev, Agreement 40 2004
SITE PLAN - A plan drawn to scale showing uses and structures proposed for a parcel of land as required
by the applicable regulations including lot lines, streets, building sites, reserved open space and
other specific development proposals,SLOPE -
The degree of deviation of a surface from the horizontal, usually expressed by a ratio,percent or
degrees.SLOPE BANK -
A man-made natural slope steeper than fifteen (15) percent.SOLAR ACCESS -
A property owners right to have the sunlight shine on his land,SOLAR ENERGY SYSTEM -
A complete design or assembly consisting of a solar energy collector,and energy storage facility,
and components for the distribution of transformed energy.SOLID FENCE - A wood
or masonry fence with no openings,SOLID WASTE DISPOSAL FACILITY - Any
facility or location authorized by Orange County,where disposal of solid waste occurs, "
Solid waste" means all decomposable and nondecomposable solid, semisolid, and liquid wastes, including
garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded
home and industrial appliances, manure,vegetable or animal solid and semisolid
wastes, and other discarded solid and semisolid wastes excluding sewage wastes,SPECIFIC PLAN - A
fully planned community,
with all design controls, servicing requirements and financing techniques incorporated into the plan, which
is adopted with a self-contained regulatory text and serves to implement the
General Plan in more detail.STANDARDS, DEVELOPMENT - The physical design and
development portion of the Development Code controlling such items as building
coverage, yard areas, height of structures or floor area ratios,STORY - That portion of
the building included
between the surface of any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between the floor and the ceiling above it and including those basements used
for the principal use, A basement of underground parking lot shall be considered a story
when the vertical distance from the average adjoining grade to its ceiling is over five
feet.STORY, HALF - One half-story as opposed to
full story buildings are structures in which the top floor area is within the established roof line,
and room heights within the half-story space conform to the Uniform Building Code regulations for "habitable"
space, The building has two floors of habitable rooms but appears as a one
story structure from an architectural standpoint. The half-story may contain dormers, Within the Old
Towne or established Historic District, the habitable space for the expansion of existing half-story
structures and/or the new construction of half-story structures,including any dormers, shed
roofs, and unfinished areas, shall not exceed sixty (60) percent of the gross floor area of
the floor below,STREET - A vehicular right-
of-way, other than an alley, which affords a primary means of access to abutting property:A.
Private - A
street in private ownership, not dedicated as a public street, which provides the principal means of vehicular
access to a property but not including driveways, alleys, or parking areas,B. Public - A
street
owned and maintained by the City, the County, or the State, The term includes streets offered for dedication which
have been improved, or for which a bonded improvement agreement is in effect. All
public streets shall be constructed to City of Orange Department of Public Works Standard plans and specifications,
STREETSCAPE - That portion of the
net lot area and improvements that is exposed to view from the street.Exhibit "c" Del Rio
Dev, Agreement
41 2004
STRUCTURE - A combination of materials to form a construction for use, occupancy, or ornamentation
whether installed on, above, or below the surface of land or water.SUBDIVISION -
The division by any person or partnership, firm, corporation, of any unit or units of improved or
unimproved land, or any portion thereof, shown on the ]latest equalized County assessment roll
as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or
future except for leases of agricultural land for agricultural purposes. Property shall be considered as
contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-
way, "Subdivision" includes a condominium project, a community apartment project, or the
conversion of five or more existing dwelling units to a stock more existing dwelling units to a stock
operative.
SUBDIVISION, TRACT - A subdivision which creates five or more parcds to be developed as a whole
by an owner or builder.SUBSTANTIAL
IMPROVEMENT - Any repair, reconstruction, or improvement of a structure, the cost of
which equals or exceeds fifty (50) percent of the market value of the structure either (a)before the
improvement or repair is started, or (b) if the structure has been damaged and is being restored, before
the damage occurred, For the purpose of this definition, substantial improvement is considered to
occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of the structure.Ords, 14-
00; 12-95; 20-82; 38-80; 13-66; 12-64; 400: Prior Codes 9100.272, 17,04,
110, 17,04.437,17,04.440, 17.04.470, 17.84.030,L,
17,84,030,K)17.
04.039 "T" Definitions.TEMPORARY STRUCTURE - A structure without any foundation or footings
and which is removed when the designated time period, activity, or use for which the
temporary structure was
erected has ceased,TEMPORARY USE - A use established for a fixed period of time with the intent to
discontinue such use upon the expiration of the
time period,TERRACING - An erosion control method that uses small hills and contours on the land surface
to control flooding and
runoff,TOPOGRAPHY - The configuration of a surface area showing relative elevations,
TOT LOT - An improved and equipped play area for small children,TOWNHOUSE -
A dwelling unit with one or two common walls, and which has direct exterior access, private
yards and no common floors or ceilings with other units,TOXIC - Capable
of producing injury, illness, or damage to humans, domestic livestock or wildlife through ingestion, inhalation
or absorption through any body surface,TRACT - An area,
parcel, site, piece of land, or property which is the subject of a development application,TRAILER - A structure
standing
on wheels, towed or hauled by another vehicle, and used for short-term human occupation, carrying materials,
goods or objects, or as a temporary office,TRAILER, CONSTRUCTION - A trailer, the
use of which is incidental to new construction on a site, including but not limited to
temporary office space for the direction of onsite construction activities, (Ord, 12-95)TRAILER, HOUSE -
A vehicle designed
for or used for living or sleeping purposes and which is equipped with wheels or other similar
devices used for the purpose oftransporting such vehicle from place to place, whether by motive
or by other means.Exhibit "C" Del Rio Dev, Agreement
42 2004
TRANSfER Of DEVELOPMENT RIGHTS (TDR) - The removal of the right to develop or build,expressed
in dwelling units per acre, from land in one zoning district, to land in another district where
such transfer is permitted,TRANSITIONAL
AREA - An area which acts as a buffer between two land uses of different intensity.TRIPLEX -
A
building containing three dwelling units, (Ord, 12-95)17.04.
040 "U" Definitions.ULTIMATE RIGHT-
Of-WAY - The right-of-way shown as ultimate on an adopted precise plan
of highway alignment, or the street rights-of-way shown within the boundary of a recorded
tract map, a recorded parcel map or a recorded Planned Community development plan, The
latest adopted or recorded document in the above case shall take precedence. Ifnone of these exist,
the ultimate right-of-way shall be considered the right-of-way required by the
highway classification as shown on the Master Plan of Highways. In all other instances, the ultimate
right-of-way shall be considered to be the existing
right-of-way in the case of a public street.
UNDEVELOPED LAND - Land in its natural state before development.UNIQUE NATURAL fEATURE - That part of
the natural environment which is rare
or not duplicated in the community or region,USE - The purpose for which land or a building is
occupied, arranged, designed or intended, or for which either land or building
is, or may be, occupied or maintained,USE, PERMITTED - A use listed by the regulation of any
particular district as a permitted use within that district and permitted therein as a matter of right
when conducted in accord
with the regulations established by Ordinance,USE, PRINCIPAL - A use which fulfills a primary
function of a household,
establishment,institution, or other
entity,UTILITY, PRIVATE OR PUBLIC A, Any agency which, under public franchise or ownership, or
under certificate of convenience and necessity, provides the public with electricity, gas,
heat, steam, communicallion, rail transportation,water, sewage
collection, or other similar service,B. A closely regulated private enterprise with an exclusive franchise
for providing a public service,UTILITY SERVICES - Establishments engaged in the generation,
transmission and/or distribution of electricity, gas or steam, including water and irrigation systems and sanitary
systems used for the collection and disposal of garbage, sewage and other wastes by means
of destroying or processing
materials. (Ords, 12-95; 20-
82)17.04.041 "V" Definitions.VARIANCE - Permission to depart from development standards
required in the zoning ordinance when because of special circumstances applicable to the property,
strict application of the ordinance deprives such property of privileges enjoyed by other property in
the vicinity and under identical zoning, Any variance granted will assure that the adjustment granted
will not constitute a special privilege. VEHICLE, DISASSEMBLED - A vehicle without hoods,
doors, fenders, body panels,headlights, trunk lids, tires,
wheels, windows, or windshields,VEHICLE, WRECKED - A vehicle with dented areas in excess of one square
foot, rusted exterior body parts or
broken glass parts,VEHICULAR ACCESSW A Y - A private, non-exclusive vehicular easement
affording access
to abutting properties,Exhibit "C"' Del Rio Dev,
VESTED RIGHT - A right which has been legally established and cannot be revoked by subsequent conditionsorchangesinlawwithoutdueprocessoflaw. (Ords, 12-95; 36-70: Prior Code 17,86.
020)17.04.042 "W"
Definitions.WALL - A substantial solid barrier intended to enclose, separate or surround,
WINDOW - An opening in a wall of a building designed to allow light and/or ventilation into a room
of a building, and enclosed by casement or sash containing glass or other similar transparent or semitransparent
material.WING
WALL - An extension of a wall of a building beyond that enclosing the space within the building,WIRELESS
COMMUNICA
nONS - A broad range of telecommunications services that enable people and devices
to communicate independent of location, via radio frequency signals, Current wireless communication technologies
include cellular communications, Ptlrsonal Communication Services (PCS) and
Enhanced Specialized Mobile Radio (ESMR), These ttlchnologies all utilize a system of interconnecting
geographic areas (cells), each of which contains antennas, As used in this Title, the term
does not include radio and television signals, non-commercial antennas (such as amateur radio
antennas), and non-commercial satellite dishes. (Ord, 24-96; 12-
95)17.04.043 "X"
Definitions.XERISCAPE - Landscaping characterized by the use of vegetation which is drought resistant or low
water use in character. (Ord, 12-
95)17.04.044 "Y"
Definitions.YARD - An open space on a built lot that, except as otherwise provided in this chapter, is
unoccupied or unobstructed from the ground upwards, and when a yard dimension is given it
represents the minimum horizontal distance between the lot line from which the distance must be
measured and a line parallel to the lot line,
YARD, REQUIRED FRONT - The space extending across the full width of the lot, the depth of which
is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot,
excepting those projections of a main building permitted in a front yard by Section 17,14,090,YARD,
REQUIRED REAR - The space extending across the full width of the lot, the depth of which is
the minimum horizontal distance between the rear lot line and a line parallel thereto on the lot.YARD,
REQUIRED
SIDE - The space extending across the full length of the lot, the depth of which is the minimum
horizontal distance between the side lot line and a line parallel thereto on the lot,excepting those projections
as allowed elsewhere in this Code, (Ords, 12-95; 20-082; 400: Prior Code
17,04.510)17.
04.045 "Z" Definitions.ZERO
LOT LINE - The location of a building on a lot in such a manner that one or more of the building's
sides rest directly on a lot line, (Ord, 12-95)ZONING
DISTRICT - A specifically delineated area or district in a municipality within which regulations and
requirements uniformly govern the use, placement, spacing and size of land and buildings, (Ord,
12-95)ZONING
MAP - The map or maps, which are a part of the development code, and delineate the boundaries of
zone districts, (Ord, 12-95)Exhibit "
C" Del Rio Dev. Agreement 44 2004
Chapter 17.06 ZONING DISTRICTS AND MAP
17.06.010 Purpose and Intent.
17.06.020 Districts Established.
17.06.030 Establishment of Zones I!lv Map.
17.06.040 Division of Zonin2 Map.
17.06.050 Uncertainty of Boundaries.
17.06.060 Annexed Territorv-Zonin2 and
Classification.17.06.070 Annexed
Territorv--Prezonin2.17.06.010 Purpose
and Intent.The incorporated territory of the City of Orange is divided into land use districts, or
zones, pursuant to the Planning Act of the State of California, The districts are established to serve the
public health,safety, and general welfare; to provide the social and economic advantages which result
from an orderly, planned use of land resources; and to guide, control, and regulate the future
growth and development of the City. (Ords, 12-95; 672; 431; 400:
Prior Code 9100)17.06.
020 Districts Established.Table 17,06,020 establishes the classes of zone districts, These districts
classifY, regulate, restrict,and segregate the uses of land and buildings; regulate and restrict the height and
bulk of buildings;regulate the area of yards, courts, and other open spaces around buildings;
specifY other development standards applicable to uses; and provide a framework for the review of
building design, No building, structure, land or premises shall be used for any purpose or in any
manner other than permitted by this Title, or amendments thereto, in the district in which such
building, structure, land or premises is located, (
Ords, 12-95; 588)
Table17.06.020 uS,e Distr..
ic,t ,. Use Cla,ss.,'fiC,ation, I.c. h",a",Pter Symbol ...", . .. I .I
I 17,
14
I
I I I
R1-
R
Single
Family
Residential District RI-
40 I
I I
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f.--------
I ,
I
I I
Single-Family
I
Residential District Single-
Family Residential
District
17,14
RI-20
17,14 RI-
15 Single-
Family Residential
District 17,
14 Exhibit "C" Del Rio Dev. Agreement 45
I
j RI-
12
1
Single-Family
Residential
District
J Single-
Family
Residential District
Single-
Family ResidentialDistrictISingle-
Family
I Residential
District J I
Single-
Family I
Residential District
r--
I Single-Family
Residential
District I-----
r-~
I Duplex
Residential
I D"
Istnct
RI-
IO Duplex
Residential
District
Duplex
Residential
District Multiple-
Family
Residential
District
I
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17,
14
F-
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17,
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17.
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17,14
17,
14 17,
14 17,
14 17,14 Multiple-
Family Residential
District
17.
14
17,
14
Mobile Home
Residential
District
RI-7
RI-6 RI-5 R2-8
I
Office
Professional
District
Commercial
Professional
District
Exhibit "
C" Del
Rio Dev,
Agreement
r---i
I
17,
18 I
I
r
1
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1
I
Cl
Limited Business District
I
Limited
Business IDistrict - Tustin Redevelopment Project
Area I
General
Business jl I
District
r COmmercial
DIStrict ,I'.,. . 17,18-1 ght
Industrial District I . 17.2Q -]I ' ~---
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a~istrictl,
17,
201 r-----------,I
II
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District I 17.22 I r--"-.~ :RO I
Recreation
Open
Space
I 17,22 I District I I I~----
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Slope Hazard District I17,22 i r- . 1------1 I Public Institution
I 17.
24 I I District II I~------,I
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26 :
I
District C-TR
17,
18 C2
17.18
I I I
I I I
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MI
M2
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Sand
and
Gravel
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District
17,32 I I
PI PC
r--------r-----~------..--------~!--
ii
FP '
Flood
Plain
Overlay
iDistrictI
17.28 A Single-Story Overlay
District 17,
28 Exhibit "
c" Del Rio
Dev,
Agreement 47
2004
I Equestrian O~rlay 'I 17,28i
Distri ct ,I I
I ." .." .'... -=--=
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I
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17.06.
030
Establishment
of
Zones
by Map.
A.
The location and boundaries of the various zone
districts are shown and delineated on the zoning maps of the City of Orange, The official zoning
maps of the City are entitled "Zoning Map" and are on file in the Planning Division, City Hall, City
of Orange,B. The districts designated on the zoning maps shall
be the official zoning classifications on all areas within the corporate City limits. Should there be a
zoning reclassification of any property or area within the City, the zoning map delineating and designating
such c1assifi,cation shall likewise be amended,C. All such maps and amendments to the
maps
are incorporated into this Title by reference and shall be deemed as much a part of this Title
as if the matters and information upon the maps were all fully described herein, (Ords, 12-95; 431)17.06.040
Division of Zoning Map.The
zoning map may, for convenience, be divided
into parts, and each part may, for purposes of more readily identifYing areas shown on the map,
be divided into units, Such parts and units may be used separately for purposes of amending the zoning
map or for any official reference to the zoning map, (Ords, 12-95; 9-58)17.06.
050 Uncertainty of Boundaries.
Where uncertainty exists as to the
boundaries of any zone shown on the zoning map or any part or unit thereof, the following rules shall
apply:A, Where such boundaries are indicated
as approximately following a street line, an alley line or a lot line, the centerline of the
street or alley, or the lot line shall be construed to be the boundary.B. In the case of unsubdivided
property where the boundary divides a lot, Ilhe location of the zone boundary, unless it is indicated by
dimensions, shall be determined by the use of the scale appearing on the zoning map,C, Where
a public street or
alley is officially vacated or abandoned, the area comprising the vacated street or alley shall acquire the
zoning classification or classification of the property or properties to which it reverts. (Ords, 12-95;
20-82; 9-58)17.06.060
Annexed Territory--Zoning and Classification.Any territory
hereafter annexed to the City shall, upon becoming part of the City, be zoned for land use in
accordance with the procedures established in Section 17,10,020, (Ords, 12-95; 26-60)
Exhibit "c" Del Rio Dev, Agreement 48 2004
17.06.070 Annexed Territory--
Prezoning.A. Authority to Prezone: All territory located outside of the corporate City limits but within
the City's sphere of influence may be prezoned prior to annexation to the City in accordance
with procedures outlined in Section 17.10.020 and Chapter 6 of this Title and as: provided for in
Section 65859 of the Government Code of the State of
California.B. Prezoning Becomes Official: When territory outside the City has been prezoned, then
such territory and the prezoning designation shall become part of the City's zoning map and
thereafter shall be subject to all provisions of this code, (Ords, 12-95; 20-
82; 42-66; 26-60)Chapter
17.08 GENERAL ADMINISTRATIVE PROCEDURES 17.
08.010 Purpose and Intent.
17.08.020 Reviewine:
Bodies.17.08.030 Applications.17.08.
040 Notice of Hearine:
s.17.08.050 Appeals.
17.08.060 Time
Extensions.17.08.070 Fees.17.
08.010 Purpose and Intent.The purpose and intent of this chapter is to set forth the general provisions
established by the City of Orange for the administration of the zoning ordinance and the
implementation of General Plan goals,The provisions outlined and set forth in this chapter are
established generally for
all administrative procedures, (Ord, 12-
95)17.08.020 Reviewing Bodies.There are five reviewing bodies established to administer
the provisions ofthe zoning ordinance and General Plan, These five reviewing bodies have
authority to make decisions and/or recommendations for applications as
outlined in Table 17.
08,020:Table 17.08.020 Type o~ Procedure, pe~mitlSRC 'IDRC~
IZA -IPC --lccl lor Hearmg . . ,I ng_ Ord0a~ce A~endJ;;-~t~---
r~-1 IA __IX I IZon,. e" C.
hange !A [A" Ix .nditional UsePermit---r;;:- :A(1) IX(1) , IX(I) -IX(\) ;I------r-------I
Variance
IAIA(1) IX(I)
XIIAd~ini~r-;;ti-;~-AdJ:~;tl~;~t
1---' r --- !j(--- i~--~I'---- i I' ,Permit .! i
Temporary
Use
Recurring)
Permit
Design
Review
Non-!
X
iA/
X(1)
iX{I)------
Exhibit "C"
DelRioDev, Agreement 49 2004
Old Towne Demolition Permit I
ISite PlanReview~~Minor IX
Site Plan Review~~Major IA .
frentative Tract Map IA
IGeneral Plan Amendment ,.. ,IA
EnvironmentalDocumentationjA
X(f) jx
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Key:
SRC =
Staff
Review
Committee
DRC = Design Review Committee ZA =
Zoning Administrator PC = Planning
Commission CC = City
Council A=Advisory
X = Final project
determination 1) =
Restricted to certain applications
GENERAL NOTES:a) All items
may be
finally decided by the City Council upon appeal.b) When more than one
type of application is filed for a single project, the application requiring the highest level of approval shall
dictate the review process for the entire group of applications,17,08,020 The five
reviewing bodies are
established and described as follows:A, City Council. The City
Council is established through the incorporation of the City and has final review of all matters relating
to planning and zoning,B. Planning Commission, The Planning
Commission is established through the provisions of Title 2,Chapter 2,64 of this
Code,I, Purpose,a, To make
land use
decisions in accordance with State law, that are consistent with City's general plan goals and policies as
formally adopted by the City Council.b, To provide technical and
advisory assistance to the City Council regarding land use matters,c, To assist in formulating
development policy,d, To make environmental assessments
in accordance with California Environmental Quality Act CEQA) provisions and the City'
s environmental review guidelines,e, To encourage the preservation
of cultural historic resources, while allowing for orderly and compatible development.2, Powers and
Duties, The
Planning Commission shall have all the powers and duties of a Board of Adjustment pursuant to Section 65901
of the Government Code of the State in appropriate cases and,subject to appropriate conditions and
safeguards,a, Authority to hear and
decide:i. Applications for conditional use
permits with the exception of those made to the Zoning Administrator pursuant to 17,IO,
030E;ii, Applications for variances with
the exception of those made to the Zoning Administrator pursuant to l7,IO,040D;iii.
Applications for major site
plan review;Exhibit "C" Del Rio Dev,
Agreement 50 2004
iv. Applications for negative declarations and mitigated negative declarations;
v, Applications for design review for those projects requiring Planning Commission approval of a
land use permit or environmental documentation (as described in the City's environmental review
guidelines), including development projects within the Old Towne Historic District, and replacement
structures in conjunction with demolition permits within the Old Towne Historic District.
b, Authority to review and make recommendations to the City Council:
i. Applications for zone changes and zone ordinance amendments;
ii, Applications for land divisions--tentative tract
maps;iii. Applications for general plan
amendments;iv. Conditional use permit applications as listed in Section 17,\ 0.
030D;v. Environmental documentation including environmental impact reports (EIRs),
negative declarations and mitigated negative declaration as described in the City's environmental
review
guidelines,c, Authority to act upon an appeal of any order, requirement, permit, decision or determination
made by an administrative or appointed official or body such as the Community Development
Director,Staff Review Committee, Zoning Administrator or Design Review Board in the administration
or enforcement of this
chapter.d, In exercising the powers given by this chapter, the Planning Commission may, so long as
such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or
may modify the order, requirement, decision or determination previously rendered by the
Planning
Commission,3,
Meetings,a. The Planning Commission shall adopt rules necessary to the conduct of its affairs and in
keeping with the provisions of this chapter. Meetings shall be held in accordance with Section 2,64,040
of this code at the call of the Chairman and at such other times as the Commission may determine.
All meetings shall be open to the
public,b, The Planning Commission shall keep minutes of its proceedings, showing the vote of
each member upon each question, or if absent or failing to vote indicating such fact, and shall
keep records of its own examinations and other official action, all of which shall be a public record and
be immediately filed in the office of the Community Development
Department.C. Zoning Administrator. The Zoning Administrator is appointed to perform certain duties
as described below pursuant to the authority granted to municipalities by the State Planning Act.
The City Manager shall appoint the Zoning Administrator and determine qualifications for the
office,
Purpose,a, To provide a method by which minor adjustments from ordinance requirements may be
permitted without the necessity of the delays incident to the setting of such matters for public hearing
before the Planning
Commission;b, To relieve the Planning Commission from the performance of certain functions of a more
routine nature which tend to divert this body from the planning and major zoning functions entrusted to
the Commission by the Orange Municipal Code and the laws of the State;
and c, To provide more expedient service to the citizens of the City and to those persons desiring
to develop projects within the City through the reduction of the time necessary to consider
minor adjustments from ordinance
requirements,2. Powers and Duties, The Zoning Administrator shall have authority to grant
administrative adjustment permits as provided for herein and to hear and grant applications for certain
variances,Exhibit "c" Del Rio Dev. Agreement 5\
conditional use permits and other matters more particularly specified in Chapter 17,10. The Zoning
Administrator shall have the following additional duties and authority:
a, Authority to make a declaration as to what constitutes the front of a lot;
b, Authority to permit the use of a mobile home for temporary office and/or storage use in
commercial and industrial zones in accordance with policy set forth in City Council Resolution No,
3252, This authority does not extend to temporary construction trailers;
c, Authority to approve nonrecurring temporary uses subject to the provisions of Section 17,10.035,
3. Meetings, The Zoning Administrator shall adopt rules and regulations to govern the procedures at
public meetings within his jurisdiction and to set a time for such meetings, All public hearings shall
be held in the Council Chambers of the City Hall and shall be open to the public,
D, Design Review Committee. The Design Review Committee is established to uphold community
aesthetics. Recognizing that the inclusion of specific aesthetic development standards is
impracticable due to the variable nature of architectural concepts, construction materials and
aesthetic goals from one time period to another and from one neighborhood to another, it is in the
public interest to establish an authority for project review,
I. Purpose.
a, To review development projects, by considering the elements of architectural design, massing and
scale, color palette, context, landscaping and signage to ensure that projects are compatible with
surrounding development and community aesthetics;
b. To interpret and apply adopted design guidelines and standards;
c, To assist in formulating design policy;
d, To encourage the preservation of cultural historic resources, while allowing for orderly
development.
2. Powers and Duties. The Design Review Committee shall have the authority to:
a, Make final determination on signs and sign programs in accordance with Chapter 17.36 of this
code;
b, Make final determination on architectural and landscaping design matters for minor site plan
review applications when referred by Staff Review Committee;
c, Make final determination on architectural and landscaping design matters for external remodeling
of commercial, industrial, institutional and large scale multiple family developments, except for
minor site plan review projects acted upon by the Staff Review Committee;
d, Make final determination on architectural and landscaping design matters for projects in the Old
Towne Historic District, when no Planning Commission review is otherwise required;
e, Review and make recommendations to the Planning Commission on architectural and landscaping
design matters for all development projects and proposed demolitions requiring Planning
Commission recommendation or approval.
3, Meetings,
a, The Design Review Committee shall meet in regular session on dates and at times to be
determined from time to time by resolution of the City Council. All meeting shall be open to the
public, and provisions of the Brown Act shall apply,
b, Committee members shall be compensated for each meeting as determined by resolution of the
City Council.
c, Three members shall constitute a quorum. A majority vote of the quorum present shall be required
for all Committee actions, Failure to achieve a majority vote of members present shall constitute a
denial of the proposed action.
4, Membership.
Exhibit "C"' Del Rio Dev, Agreement 52 2004
a, The Design Review Committee shall consist of five members of the public, Committee members
shall be persons who, as a result of their training, knowledge and experience, are qualified to analyze
and interpret architectural and site planning information, including but not limited to, licensed
landscape architects and architects, urban planners, engineers, and licensed general contractors, At
least two of the members shall have professional experience in urban planning, architectural history
or historic preservation and shall have general knowledge of architectural styles prevalent in Old
Towne,
b, Appointed members of the Committee shall live or work in the City and shall be appointed for
four-year
terms,c. Staff expertise in historic preservation and landscaping shall be available as a resource to
the
Committee;5, OfficersfTerms of
Office,a, Officers shall consist of a Chairman and Vice-chairman, both of whom shall be selected
by the members of
the Committee.b, The terms of office for each member of the Committee shall continue to and include June
30th of the year in which the term shall expire, and thereafter until a successor for the member whose
term is expiring has
been appointed,6, Rules and Regulations, The Design Review Committee shall adopt and amend, by
the affirmative vote of three members, rules and regulations for the conduct of the Committee's
business consistent with this chapter subject to approval by the
City Council.E, Staff Review Committee, The Staff Review Committee is established to
review development proposals in order to ensure that yards, open space, structures, parking,
loading facilities,landscaping, streets and similar uses and the development of the land remains
compatible with surrounding properties reflecting the highest quality ofland planning
and design,
1. Purpose,a, To provide site plan review in accordance with the City's general plan and zoning
ordinance, and other
pertinent ordinances;b, To provide for review of those development qualities which are not regulated
by
precise standards;c, To make environmental assessments in accordance with California Environmental
Quality Act CEQA) provisions and the City's environmental
review guidelines,2, Powers and Duties, The Staff Review Committee shall have the
authority to:a, Decide upon minor site
plan applications;b, Review and make recommendations to the Planning Commission on major site plans
and other discretionary applications as specified in Chapter
17,10;c, Consider minor modifications to previously approved site plans and to determine
whether such modifications are in substantial conformance with the
approved plans;d, Review and make recommendations to Planning Commission on
environmental documentation,and all duties defined in City environmental
review guidelines,3. Meetings, The Staff Review Committee shall adopt rules and regulations to govern
the procedures at meetings within the Committee's jurisdiction and to set a time for
such meetings.4, Membership. The Staff Review Committee shall consist of the
Community Development Director, who shall be Chairman, Chief Building Official, Economic Development
Director, Public Works Director/City Engineer, Community Services Director, Police Chiet~ and Fire Chief,
and/or their designated representatives. (Ords, 11-02; 3-02; 10-99; 15-
98; 12-95; 16-94; 12-94; 4-
4-74; 35-70; 13-65; 80-62; Prior Code 17.86,050, 17.86,110, 17,92,020. 17,92,
080, 17,92,120,17,94,010, 17,94,080, 17,94,090, 17,96,020, 17,96,060, 17,96,070, 17.96,
090, 17,96,100)
17.08.030 Applications.A, Application Form Required, Applications for all activities related to
the Zoning Ordinance which require a public hearing by one or more of the reviewing bodies established in
Section 17,08,020 shall be filed with the Planning Division upon the forms which are
required by the Planning Division, Administrative review is excepted from the following requirements
unless an appeal is made
for a public hearing,B, Initiation of Application. Applications may be initiated by
the City Council, Planning Commission, and owners or authorized agents of real property affected
by the
proposed amendment or action,C, Contents of Applications, Applications
shall include the following:1. Witness of the signature of the landowner by a notary
public or city staff;2. A legal description and
street address ofthe site;3, A list of all property owners, including addresses, within three hundred (300)
feet of the site subject to the application, The person preparing the list must certity that the
list was prepared in accordance with the latest equalized assessment roll, or more recent records as
may be obtained from the County
Assessor or Tax Collector;4, A list of the reasons justifying an
approval of the application;5, A fully dimensioned site plan showing proposed building size(s) and
use(s), circulation,
parking,and landscaping; and 6, Fees as required by
Section 17,08,070,D, Additional Data. Additional data and information may be required at
the discretion
of the Planning Division,E, Completeness Determination, Within thirty (30) days of receipt of
an application for a development project, the Staff Review Committee shall make a
determination and notity the applicant as to whether
the application is complete,F, Withdrawal of Application and Refund of Filing Fees, If an application
is withdrawn prior to advertising for the public hearing, an applicant shall be entitled to a full or
partial refund of filing fees, The full fee amount may be refunded only if an application is withdrawn prior
to the mailing or publishing of any public notice regarding the project, and if no staff
time has been expended,G. Inactive Applications, If an application is inactive for a period of six months or
more, it shall be deemed to have expired, and all processing will be terminated, For the
purpose of this section,inactive" shall mean that an applicant has not responded to a City
request for additional information or plans. An applicant shall be notified prior to expiration of an
application, and given
the opportunity to reactivate.H, Limits on Reapplication, Applications which are denied shall not be
resubmitted for review until a period of at least six months has passed, unless the development proposed
by the application is substantially different from the
application which was denied,L Modifications to Previously Approved Projects, A project proponent
may request a modification of a previously
approved project as follows:I, Any modification to a condition of approval shall be reviewed and approved
by the same process as required
for the original application,2, Any modification to a previously approved project, when
such modification requires separate approval through one of the procedures listed in Table 17,08,020, and
when such modification is Exhibit "c" Del Rio
requested either prior to completion of initial construction, or within two years of the original project
approval, shall be reviewed and approved by the same process as required for the original approval.
In the event the modification requires a higher level of approval than that of the original application,
then the original approving body shall act as an advisory body, and the application and hearing
process shall occur in accordance with the provisions of Chapter 17,10,
3. Any modification to a previously approved project, when such moditication requires separate
approval through one of the procedures listed in Table 17,08,020, and when such modification is
requested subsequently to the time frames outlined in Section 17,08,030,1.2, shall be processed in
accordance with the provisions of Chapter 17.10,
4. Minor modifications to site plans may be considered by the Staff Review Committee, who may
make a final determination or refer to another Reviewing Body for decision, (Ords, 19-97;
12-95;40-88: Prior Code 17,98,020,
17,98.180)17.08.040
Notice of Hearings.A. General. Notice shall be given in accordance with State Law for all hearings
requiring notice, as set forth in Table 17,08,040. In addition to the notice required by this section, the
City may give notice of the hearing in any other manner it deems
necessary
or
desirable,
I
I
I
I
I
I
I I
r------ ·i ,
1
Environmental Impact :Report Table
17.08.040 I
surroundin;
1 Publication r I Property Owners i and/or
Posting Other I Appeal I ----r-~a) II IIII
Publish or
Post I !I !1----------------1---:
Demolition
Permit,
i I (b) I Old Towne
i I i 1------1
I
I I
c---.
1 I ii (
b) I
I i I
Type
of
Procedure,
PermitorHearingConditional UsePermit YesDevelopmentAgreementYesPublish
General Plan Amendment (
Map)Yes Publish
General Plan
Amendment (
Text)
No
Publish
Exhibit "C"
Del Rio
Dev, Agreement
55 2004
I NegativeDeclaration
e Plan Review -I :
SIt Major
I '... ... ,',I
Site Plan Review -i Minor
I I
Tefitative
TractMai>I I
I
I
i
Variance
z:
one
Change,Zoning Ordinance
Amendment I,-,~,,'-~'~,
r-,~-~. -,'.
II ,
I (b)
I -:-]'.
b1",.,;",,1 .
I I rUM. .
1 II
No
i I
YesPublish
I
I
I
1
I YesPublishor
Post
i
i
j
i
i c)I I I
I
Yes
Publish
No
Publish
NOTES:
a)
Notification
shall
occur in
same manner
as
was required for the original permit issuance,b) Notification shall be required in accordance with
California Environmental Quality Act.c) In the event the amendment affects the
permitted uses of real property, owners of subject real property and surrounding properties shall also be notified,
B. Noticing Requirements.I. For all hearings requiring
public notification, the
following shall apply:a, Property Owner. Notice of hearing shall be
mailed or delivered to the owner of the subject real property or to the owner's duly authorized
agent.b, Project Applicant. Notice shall be mailed or
delivered to the project applicant.c, Request for Notification, Notice of the hearing
shall also be mailed or delivered to any person who has filed a written request for the notice
with either the clerk of the governing body or with another person designated by the governing body to receive
such requests,2, For all hearings requiring notification of surrounding
property owners, the tollowing shall apply:a. Notice of the hearing shall be mailed
or delivered to all owners of real property, as shown on the latest equalized assessment roll within three hundred (300)
feet of the real property that is the subject of the hearing, In lieu of using the
assessment roll, the City may use records of the County Assessor or Tax Collector, whichever contains more recent information
than the assessment roll.b, If the number of owners to whom
notice would be mailed or delivered pursuant to this subsection is greater than one thousand (1,000), the
City, in lieu of mailed or delivered notice, may provide notice by placing an advertisement of at least
one-eighth page in at least one newspaper of general circulation within the local agency in which
the proceeding is conducted,3, For all hearings requiring publication of
notice, notice shall be made by publication in a local newspaper of general circulation in the City
no less than one time,4, When notice may be provided through
either publication or posting, the Community Development Director shall determine whether to publish or
post the notice, and the following shall apply:Exhibit "C" Del Rio Dev. Agreement 56
2004
a, If notification is to be provided by publication, it shall occur in accordance with subsection B3
above,
b, If notification is to be provided by posting, then notice shall be posted in at least three public
places within City boundaries, including one place in the area directly affected by the proceeding,
Ords. 15-98; 12-95; 40-88: Prior Code
17,98,100)17.
08.050 Appeals.A. Right of Appeal. Any action taken by the Community Development
Director, Staff Review Committee, Zoning Administrator or the Design Review Committee in
the administration or enforcement of the provisions of this chapter may be appealed by any person aggrieved,
or by an officer, commission or department of the City. Such appeals may be made
to the Planning Commission, Any decision wherein the Planning Commission is authorized to
make a final determination may be appealed to
the City Council.B. Appeal Stays Proceedings, An appeal stays all proceedings in furtherance of
an action appealed,unless the Community Development Director, after reviewing the case, recommends
to the body deciding the appeal that a stay would, in his opinion, cause imminent peril to
life and property,C, Form and Content of Notice of Appeal. The notice of appeal shall be in writing and
shall be filed in the Planning Division upon forms provided by the City, An appeal from any
action in the administration or enforcement of this chapter shall indicate specifically the error
or
abuse of discretion,D, Time for Filing, Any appeal shall be filed within fifteen (15) calendar days after
the hearing or action from which the appeal is made, Upon the filing of appeal, the Planning
Division shall transmit a copy of the appeal to the body authorized to
hear the appeal.E, Appeal of Actions Taken by the Community Development Director,
Staff Review Committee,Design Review Committee or
the Zoning Administrator.I. Hearing Date and Notice, Upon receipt of the notice of appeal, the Planning Division
shall set a date for a Planning Commission hearing of the matter and give notice of the date, time
and place of the hearing to the applicant and appellant. Further, the Planning Division shall give
public notice of the hearing as required in Section 17,08,040 at least ten days prior to the date of the
hearing, Prior to such hearing, the Planning Division shall transmit to the Planning Commission a
report of the findings and at such hearing shall present all
documents on file,2, Authority of Planning Commission, The Planning Commission shall consider the
record and such additional evidence as may be offered and may affirm, reverse or modify, in whole or
in part, the action that was appealed, The Commission may also make or substitute
additional decisions or determinations as it finds warranted under the provisions of this chapter.
The Planning Commission shall transmit a copy of the decision to the applicant, appellant, and
the Planning Division,F, Appeal of Actions Taken by
the Planning Commission.I, Hearing Date and Notice, Upon receipt of the notice of appeal, the City Clerk shall set
a date for City' Council hearing of the matter and give notice of the date, time and place of the
hearing to the applicant, the appellant and the Planning Division, The City Clerk shall give public
notice of the hearing as required in Section 17.08,040 at least ten days prior to the date of the
hearing, Prior to such hearing, the Planning Division shall transmit to the City Clerk a report of the findings
and at the City Council hearing shall present all
documents on file,2. Authority of City Council. The City Council shall consider the record
and such additional evidence as may be offered and may affirm, reverse or modify, in whole or in part,
the action that was appealed, The Council may also make or substitute additional decisions or
determinations as it Exhibit "C" Del Rio Dev,
finds warranted under the provisions of this chapter. The City Council shall transmit a copy of the
decision to the applicant, appellant, and the Planning Division, (Ords, 14-00; 10-99; 12-
95; 4-87; 20-82; 38-68: Prior Code 17,86,120,17,86,130,17,92,090,17,
92,100,17,92,120)
17.08.060 Time Extensions.The body granting final approval may, upon written request prior to expiration,
grant up to one year extension of time of any approved permit
application, upon presentation of extenuating circumstances, subject to the contingency that no conditions are
added, deleted or modified, Such time extension shall not require public notice, (Ords, 12-95; 4-
87; 38-68: Prior
Code 17,92,120)17.08.070 Fees.A filing fee, as determined by City Council
resolution, shall accompany an application for any action taken under the provisions of this title. Any applications
made by the City or any of its representatives shall be exempted from
this requirement. (Ords,
12-95; 20-82; 53-77:
Prior Code 17,92,050)Chapter
17.10 SPECIFIC ADMINISTRATIVE PROCEDURES 17.10.010 General Plan
Amendments.17.10.020 Amendments to
Zoninl! Ordinance and Zoninl! Map.17.
10.030 Conditional Use
Permits.17.10.035 Temporary
Use Permits.17.10.040 Variances.
17.10.050 AdministrativeAdiustments.17.
10.060 Site Plan Review.
17.10.070 Desil!n Review.17.10.
080 Environmental Review.17.10.
085 Mitil!ation Monitorinl! Prol!ram.
17.10.090 Demolition Review.17.10.010 General Plan Amendments.Amendments to the General Plan
shall be processed in the same manner as Amendments to the Zoning
Ordinance, subject to
the additional requirements of California Government Code Sections 65350-65362, (
Ord, 12-95)17.10.020 Amendments to Zoning Ordinance and Zoning Map.A,
Initiation and Application, Initiation and application for amendments to the Zoning Ordinance or Zoning
Map shall be made
pursuant to Section 17,08,030 of this Title,B. Planning Commission Procedures,I, Hearing
Required, Upon receipt of an application requesting a Zone Change or Zoning Ordinance Amendment, the secretary
of the Planning Commission shall set the matter for hearing not more than 60 days from
the date an application is deemed complete,
The Planning Commission shall hold at least one public hearing on the matter.2.
Recommendation to City Council. The Planning Commission shall render its decision in written
form to the City Council,
and the report shall include the following information:
b. The relationship of the proposed amendment to the General Plan and applicable Specific Plans;
and
c. Environmental determination.
C. Hearing by City Council. Upon receipt of the report from the Planning Commission, the Council
shall conduct at least one public hearing on the matter. The Council may approve, modifY or
disapprove the Commission's recommendation. If the matter under consideration is a change of zone
and the Planning Commission has recommended against the adoption of the change of zone, the
Council shall not be required to take any further action on the amendment unless an interested party
appeals the matter to the Council within 15 days of the date of the denial. D. Planning Commission
Review of City Council Changes. Substantial modification of the proposed amendment by the City
Council which was not previously considered by the Planning Commission shall be referred to the
Planning Commission for report and recommendation. (Ords. 12-95; 4-87; 38-
68: Prior Code 17.92.120 and
17.92.090)17.10.030
Conditional Use Permits.A. Purpose and Intent. The City recognizes that certain types of land use, due to the
nature of the use, require special individual review. Such review is required to determine
whether the proposed use, or the location of the use, is compatible with surrounding uses or can
be made compatible through the imposition of development conditions. The conditional use permit
is established to
facilitate such review.S. Initiation and Application. Initiation and application for a conditional use permit
shall be made pursuant to Section 17.08.030
of this Title.C. Conditional Use Permits Reviewed
by Planning Commission.1. The Planning Commission shall hear applications made for all conditional use
permits with the exception of those made to the City Councilor Zoning Administrator,
pursuant to Sections 17.10.030 (D and E). At least one noticed public hearing shall be held for a
conditional Use permit application. Also, the Planning Commission shall hear any conditional use
permit application which has been submitted in conjunction with any other application subject
to
Planning Commission revIew.2. The Planning Commission shall make a finding by resolution stating its authority to
grant, deny or make a recommendation to the City Council regarding the conditional use permit.
The granting or revocation thereof shall conform to Subsections F, G, and
H ofthis section.3. Due to the nature of some specific uses, special conditions may apply beyond
those outlined in this section. The special conditions, where applicable, are contained
within the regulations established for the various zone districts (Chapters 17.14 through 17.32
of this Title).D. Conditional Use Permits Reviewed by City Council. The City Council shall
have the final authority to review and determine the following
conditional use permits.I. Accessory Second Housing Unit applications pursuant to Section
17.14.060.2. Alcoholic beverage sales in conjunction with sale of motor fuel, and
off-sale of alcoholic
beverages in industrial zones.3. Bingo Games pursuant to
Section 17.18.060.4. Hazardous Waste Facility applicationspursuant
to Chapter 17.42.5. Heliports pursuant to Sections 17.18.060
and 17.20.030.6. Hospital expansions or new construction pursuant to
Section 17.18.060.7. Planned Unit Development applications pursuant
to Chapter 17.16.E. Conditional Use Permits
Reviewed by Zoning Administrator.Exhibit "C" Del Rio
I. The Zoning Administrator shall have the authority to review the following conditional use
permits:
a. Permits to allow amusement arcades in appropriate zones as prescribed.
b. Permit for large family day care homes, subject to special criteria and hearing requirements set
forth in Section 17.14.060.
c. Permits for collection or processing facilities (recycling) subject to standards set forth in Section
17.18.060.
2. At least one noticed public hearing shall be held for a conditional use permit application.
F. Requirements for Granting Conditional Use Permits. Conditional use permits may be heard and
decided provided that findings are made based on the following guidelines:
1. A conditional use permit shall be granted upon sound principles of land use and in response to
services required by the community.
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.
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.
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.
G. Approval May Be Conditional. In granting any conditional use permit, the reviewing body may
prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such
conditions and safeguards, when made a part of the terms under which the conditional use permit is
granted, shall be deemed a violation of this code and punishable under this code. The reviewing
body may prescribe a time limit within which the action for which the conditional use permit is
required shall be started, completed or both.
H. Revocation of Conditional Use Permits.
A conditional use permit granted in accordance with the terms of this chapter shall be revoked if:
a. It has not been used in accordance with the terms of approval;
b. Was obtained under fraud or misinfomlation; or
2. A conditional use permit may be revoked if any of the conditions or terms are violated, or if any
ordinance or other provision of law is violated in connection with the permit.
The Planning Commission shall hold a public hearing to determine if the terms of the conditional use
permit are being violated in addition to any other ordinance or provision of law, and shall make a
recommendation to the City Council. The City Council shall make the final determination on a
revocation.
I. Expiration of Conditional Use Permits. Approved conditional use permits shall become void under
the following circumstances:
I. If the use has not commenced, or if substantial construction has not begun within twenty-four (
24)months after the date the conditional use permit was approved. However extensions of time may
be granted in accordance with Section 17.08.
060;2. If the use has ceased to exist for more than two years. (Ord. 4-03 S 2; Ords. 19-
97; 12-95; 1-95;17-86; 10-85; 26-83; 20-82; 20-
79; 3-79; 41-76; 40-76; 40-73; 37-73; 20-69; 38-68; 13-65: Prior Codes 17.
94.050; 17.94.060; 17.
92.010; 17.92.120; 17.92.140 and 17.86.170)17.10.035 Temporary Use Permits.A.
Purpose and Intent. The City recognizes that certain types of land use, due to
the nature of the use, require special individual
requests for interim, temporary or seasonal uses within any zoning district, when such activities are
desirable for tile community in the short term but would have detrimental effects if allowed to
continue on a permanent basis. Temporary uses allowed under this section shall be sensitive to the
health, safety and general welfare of persons residing and working in the community and shall be
conducted so as not to cause any long term detrimental effects on surrounding properties and the
community. This section does not supercede existing regulations pertaining to specific temporary
uses included in other code sections. The issuance of a temporary use permit does not confer any
land use entitlement or property right to the holder of the permit. This permit is revocable with or
without cause upon thirty (30) days written notice to the permit holder, unless violations of public
health, safety or welfare are occurring, in which case the permit will be immediately revocable.
B. Initiation and Application. Application for temporary use permits shall be filed on forms
furnished by the Community Development Department at least thirty (30) days prior to initiation of
the use. Applications for temporary uses shall contain the following information:
I. The name and address of the sponsoring business or organization;
2. The proposed location of the temporary use;
3. The name and address of the party responsible for the temporary use;
4. A list of communities in California where the temporary use has been previously conducted by the
party responsible for the temporary use;
5. The number of persons who will be engaged in conducting the temporary use, if applicable;
6. A plot plan showing the entire property in addition to that portion of the property to be used to
conduct the temporary use, including an exact description and plot plan describing the total extent of
any off-street parking area which would be occupied for the purpose of conducting the
temporary
use;7. A completed property owner affidavit;
and 8. Such other information as shall be required by the Community Development
Director.C. Temporary Use Permit for Uses of Limited, Specific Duration (Nonrecurring).
Nonrecurring temporary uses, located within any zoning district in the City, except as specified in this
section,shall
include:I. Modular buildings used for classrooms or
offices;2. Outdoor
storage;3. Swap
meets;4. Other temporary uses of a similar nature as determined by the Community Development
Director.5. Procedure. The Staff Review Committee, as established by Section 17.08.020 E of this title
shall serve as the initial reviewing body for nonrecurring temporary use permits. Once an application for
a nonrecurring temporary use permit has been deemed complete, the Staff Review Committee
shall consider and make a recommendation to approve, approve with conditions or deny the permit.
The recommendation shall be forwarded to the Zoning Administrator. The Zoning Administrator,
in reviewing the application, shall review the recommendations of the Staff Review Committee
and shall act to approve, approve with conditions, or deny the application. Zoning Administrator
action shall be deemed
final.6. Design Review. Nonrecurring temporary uses on properties located within the Old
Towne Historic District shall require the approval of the Design Review Committee prior to
the establishment of the temporary use
permit.D. Temporary Use Permit for Annual, Seasonal, or Recurring Uses. Annual, seasonal or
recurring temporary uses, located within any zoning district in the City shall
include:Exhibit "C" Del Rio Dev. Agreement 61
I. Off-site agricultural sales including, but not limited to, Christmas tree lots, pumpkin patches
and strawberry
stands;2. Temporary holiday storage containers/trailers and outdoor storage containers/trailers ancillary
to an existing permitted use;
and 3. Other annual, seasonal or recurring temporary uses of a similar nature as determined by
the Community Development
Director.4. Duration. Annual, seasonal, or recurring temporary uses may be allowed for a maximum
time period of six
months.5. Procedure. The Staff Review Committee, as established by Section 17.08.020 E of this title
shall serve as the initial reviewing body for recurring temporary uses. Once an application for a
temporary use permit has been deemed complete, the Staff Review Committee shall consider and make
a recommendation to approve, approve with conditions or deny the permit. The recommendation
shall be forwarded to the Community Development Director or his or her designee (director).
The director, in reviewing a temporary use permit application shall review the recommendations of
the Staff Review Committee and shall act to approve, approve with conditions, or deny the
application.The director's action shall be deemed
final.E. Conditions of Approval. In granting any temporary use permit, the reviewing authority
may prescribe appropriate conditions and safeguards in conformity with this section. Violation of
such conditions and safeguards, when made a part of the terms under which the temporary use permit
is granted, shall be deemed a violation of this code and punishable under this code. The
reviewing authority may prescribe a time limit within which the action for which the temporary use
permit shall be started, completed, or both. Conditions of approval may include, but are not limited,
to:1. Regulations of hours and
days;2. Requirements of bonds or other guarantees for cleanup or removal of structures or
equipment;3. Return of temporary use site to its original state within a specified period of
time;4. Regulation of permit
duration;5. Regulation of signs and
advertising;6. Regulation
oflighting;7. Regulation of public-address or
sound system;8. Regulation of gas, smoke, noise, fumes, vibrations or
other nuisances;9. Regulation of design features including, but not limited to, size, colors,
material, architectural details
and landscaping;10. Referral to the Design Review
Committee; and II. Such other conditions as are deemed necessary to protect the health, safety and welfare
of the community and to assure compliance with the intent and purpose of
this section.F. Criteria for Review. The reviewing authority shall consider the following criteria in
granting a temporary
use permit:I. That the temporary use permit is compatible with the various provisions of
this chapter;2. That the temporary use is a reasonable use of land compatible with the general plan
land use designation and
zoning classification;3. That the temporary use will not impede the reasonable use of land, or the orderly
development of land in the
immediate vicinity;4. The temporary use will not adversely affect the adjacent uses, buildings or
other structures;5. That the temporary use will not endanger the public health, safety or
general welfare;6. Provisions for adequate traffic access/circulation, off-street parking and
pedestrian safety have been provided and will be maintained during the operation of the use
or activity; and Exhibit "C" Del Rio Dev.
7. That the granting of the temporary use permit is made subject to those conditions necessary to
preserve the general welfare, not the individual welfare of any particular applicant.
G. Revocation. This permit may be revoked by the City for any reason in the sole and absolute
discretion of the Community Development Director, or his or her designee, upon thirty (30) days
written notice, or immediately in the event that the permittee, as determined by the Community
Development Director, or his or her designee, is in violation of any law or activity that endangers the
publie health, safety, or general welfare.
H. Expiration. Permits for nonrecurring temporary uses shall not exeeed a one year time period. Any
nonrecurring temporary use exceeding one year must reapply. In no case shall any nonrecurring
temporary use be allowed for more than two years. Annual, recurring temporary uses must be
reapplied for each year. (Ord. 3-
02)17.10.040
Variances.A. Purpose and Intent. The City recognizes that certain properties, due to their unique shape,
size,location or other physical condition cannot be developed in strict conformance with the
regulations of this Title. The variance procedure is established to provide guidelines and regulations for
the granting of relief from certain provisions of this Title. However, in no case may a variance
be granted to permit a use otherwise not pennitted in a zone district. (Ord.
12-95)B. Initiation and Application. Initiation and application for a variance shall be made
pursuant to Chapter 17.08.030 of this Title. (Ords. 12-95; 4-87; 80-62; 56-60;
13-58: Prior Codes 17.02.
040,17.92.030 and 17.86)C. Variances Reviewed by Planning
Commission. The Planning Commission shall hear applications for all variances not under the jurisdiction of
the Zoning Administrator, as indicated in Section 17.1O.040.D. Also, the Planning Commission shall
hear any variance application which has been submitted in conjunction with any other application subject
to review by the Commission. At least one noticed public hearing shall be held to
consider the variance application. (Ords.
12-95; 64-62:Prior Code 17.10.040)D. Variances Reviewed by
Zoning Administrator. The Zoning Administrator shall have
the authority to review the following applications for Variances:I. The location of accessory buildings which
do not
conform to the requirements of the Orange Municipal Code;2. Waiver of the following building site requirements
for buildings constructed on a single lot or for buildings constructed on separate parcels of land
provided there are less than five
lots or parcels:a.
Building setback and yard requirements;
b. Building site area;
c. Building site coverage; and d.
Building site width.3. Waiver of wall height
requirements;4. Waiver of garage location and access requirements;5. Waiver of parking
lot dimensional standards; 6. Waiver of sign requirements; and 7. Waiver
of antenna requirements for height, location, site, and setbacks.Certain minor variations from
development standards can be accomplished through the granting of an Administrative Adjustment Permit, as outlined in
Section 17.10.050 of this Chapter. (Ords. 12-95;2-86;
20-82; 35-70: Prior Codes 17.94.
E. Requirements for Granting of a Variance. The following findings must be made by the
responsible reviewing body in granting a variance pursuant to Section 65906 of the California
Govemment Code:
I. That because of special circumstances applicable to subject property, including size, shape,
topography, location or surroundings, the strict application of the zoning ordinance is found to
deprive the subject property of privileges enjoyed by other properties in the vicinity and under
identical zone classification; and
2. That the variance granted shall be subject to such conditions which will assure that the authorized
adjustment shall not constitute a grant of special privilege inconsistent with the limitations upon
other properties in the vicinity and zone in which subject property is located. (Ords. 12-95;
40-74:Prior Codes 17.94.070 and 17.
94.080)F. Approval May Be Conditional. In granting any variance, the reviewing body
may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of
such conditions and safeguards, when made a part of the terms under which the variance is granted, shall
be deemed a violation of this code and punishable under this code. The reviewing body may prescribe
a time limit within which the action for which the variance is required shall be started, completed
or both.
Ord. 12-95)G.
Revocation of Variances.A variance granted in accordance with the terms of this chapter shall
be revoked if:a. It has not been used in accordance with the terms
of approval; or b. Was obtained under
fraud or misinformation.2. A variance granted in accordance with the terms of such permit may be revoked if
any of the conditions or terms are violated or if any ordinance or other provision of law
is violated in connection with the variance. The Planning Commission shall hold a public hearing
to determine if the terms of the variance are being violated in addition to any other ordinance or
provision of law,and shall make a recommendation to the City Council. The City Council shall
make the final determination on a revocation. (Ords. 12-95; 20-82; 20-
79; 3-79; 40-73; 20-69:
Prior Codes 17.92.140 and 17.86.170)H. Expiration of Variances. Every
approved variance shall become void unless utilized within 24 months after the date the variance was
approved. Extensions of time may be granted
in accordance with Section 17.
08.060. (Ord. 19-97)17.10.050 Administrative Adjustments.A. Purpose and Intent. The
administrative adjustment permit process is established to allow for a simplified review process for specific
land use actions which the City anticipates
will not adversely affect surrounding properties. (Ords. 12-95; 20-82; 35-70)
B. Initiation and Application. Applications may be initiated by the City Council, Planning Commission, or
owners or authorized agents of real
property affected by the proposed amendment or action. Applications shall include
the following:I. A description of the request (
site plans may be required);2. Reasons justifYing an approval
of the application;3. Fees as required by Section 17.08.070; and 4. Additional data
and information may
be required at the discretion of the Planning Division. (Ords.12-95; 20-
82; 35-70)C. Zoning Administrator Review. The Zoning Administrator shall have the
authority to review administrative adjustment permit applications and
such applications. No public hearing shall be required to consider tile issuance of an administrative
adjustment permit. (Ords. 12-95; 20-82; 35-70: Prior Codes 17.94.080 and
17.94.090)D. Actions Considered To Be Administrative Adjustments. The following types of
land use actions shall be subject to review by the Zoning Administrator
as administrative adjustments:I. Adjustment of Required Yards and Setbacks. The Zoning Administrator may
approve a reduction in the required yard within any
zone as follows:a. Front Yard - A maximum
of20 percent.b. Side Yard - A maximum of20
percent.c. Rear Yard - A maximum of 20 percent.
Any proposed deviation in excess of these limits shall be considered a variance and shall be subject
to the provisions of Section 17.10.040.
2. Adjustment of Other Development Standards. Other development standards in all zones may be
adjusted a maximum of ten percent. Any proposed deviation in excess of ten percent shall be
considered a variance and shall be subject to the provisions of Section 17.1 0.040.
3. Cul-de-Sac and Knuckle Lot Frontage. The Zoning Administrator may reduce
lot frontage requirements for lots fronting on cul-de-
sac or knuckle streets.4. On-Site Sale of Agricultural Products. The Zoning Administrator
may approve the sale of agricultural products on the site
where they are being grown.E. Findings Required. The Zoning Administrator shall make the
following findings in
granting an administrative adjustment permit:I. That the reduction in standards will not be detrimental to the
public health, safety, and general welfare of persons residing or working on the subject
property or in the vicinity;2. That issuance of the permit does not compromise the intent oftllis
code. (Ords. 12-95; 20-82; 40-74; 35-70: Prior Code 17.94.070, 17.94.
080, 17.94.090 and 17.
94.120)17.10.060 Site Plan Review.A. Purpose and Intent. The site plan review process
is established to provide a means of reviewing development projects to ensure that projects reflect
the highest quality of land planning and design,that projects conform to City
development standards, that new projects are compatible with surrounding development and neighborhoods in
terms of scale, style and construction materials, that on and off-site circulation is adequate to
support the project; that City services are adequate and available, and to
ensure
the maintenance, restoration, enhancement and protection of the environment.B. Initiation and Application. Applications for
site plan review shall be filed in accordance with submittal requirements as
determined by the Staff Review Committee. Additional information may be requested from an applicant to
allow for thorough site plan review of a project.C. When Site Plan Review is Required. Site plan
review shall apply to any new use of previously vacant land, new construction, or
rehabilitation or expansion of existing structures in all zones.Exception: Site plan review shall not
be required for construction of a new single-family residence,or rehabilitation of
an existing single-family residential structure in zoning districts permitting such use. Expansion of an
existing single-family residence is also exempt from site plan review; provided,that such expansion
does not result in the
creation of any additional dwelling unit(s).D. Minor Site Plan Review.Criteria. Any proposal meeting
the criteria below may be considered a minor site plan unless the
Community Development Director or the Staff Review Committee determines that the special circumstances relating to
the project warrant review as required for major
criteria correspond to those projects identified by the California Environmental Quality Act (CEQA)
as being categorically exempt.
a. Additions to existing structures provided that the addition will not result in an increase of more
than ten thousand (10,000) square feet if the project is in an area where all public services and
facilities are available to allow for maximum development permissible in the general plan, and the
area is not environmentally sensitive.
b. Construction of six or fewer residential units on a single parcel, when only one parcel is being
developed.
c. Construction of up to three small commercial or industrial structures, not involving the use of
significant amounts of hazardous substances, and designed witll a maximum occupancy load of
thirty (30) persons.
d. Conversion of a residence to a nonresidential use within zones permitting such use.
e. Remodeling or reuse of an active or idle service station, or conversion of any portion of a service
station to another use as required in Section 17.30.060.
f. Creation oflots or building sites with no direct access to a public street.
g. Establishment of mobile homes as a residence for a caretaker, custodian, or guard at recreational,
equestrian, industrial, and institutional locations.
h. Moving any existing structure or building onto a building site from another location or building
site.
i. Restriction of access to any required parking spaces on any property by means of fencing or
gating.
j. Construction of an attached or detached garage in any residential zone, where the garage door
exceeds eight feet in height.
2. Procedure. Staff Review Committee, as established by Section 17.08.020(E) of this title, shall
serve as the reviewing body for minor site plan review. Once an application for minor site plan
review has been deemed complete, the Staff Review Committee shall consider and approve, approve
with conditions, deny or refer the project to the Design Review Committee and/or the Planning
Commission. A continuance may be granted upon mutual consent of the applicant and Staff Review
Committee. Appeals of Staff Review Committee decisions shall be made in accordance with City
appeal procedures, Section 17.08.050.
E. Major Site Plan Review.
I. Criteria. Any proposal exceeding the criteria for minor site plan review shall require major site
plan review.
2. Procedure. Staff Review Committee and Design Review Committee shall serve as the preliminary
reviewing bodies for major site plan review. Once an application for major site plan review has been
deemed complete, both the Staff Review Committee and Design Review Committee shall
independently consider and make a recommendation to approve, approve with conditions, or deny
the project. A continuance may be granted upon mutual consent of the applicant and Staff Review
Committee. The recommendations shall be forwarded to the Planning Commission secretary for
placement on the Commission's consent calendar, and shall be noticed as provided for in Section
17.08.040 of this title. Procedures for acting on consent calendar items shall be established by the
Planning Commission and shall be adopted by resolution. The Commission, in considering a site
plan review application, shall review the recommendations of the Staff Review Committee and
Desil,'T1 Review Committee. The Commission shall act to approve, approve with conditions or deny
the application. A continuance may be granted upon mutual consent of the applicant and Planning
Exhibit "C" Del Rio Dev. Agreement 66 2004
Commission. Planning Commission action shall be deemed final unless an appeal to the City
Council is filed within fifteen (15) days of the decision in accordance with Section 17.08.050.
F. Site Plan Review Criteria. In addition to project review for compliance with the development
standards of the underlying zoning district and other applicable ordinance provisions, site plan
review will include review of those development qualities which are not subject to precise definition
in the regulations of each zone. The following criteria are listed to illustrate the issues to be
considered by the Staff Review Committee and/or Planning Commission in project review and
determination:
I. Compatibility of the Project With Surrounding Development and Neighborhoods.
a. The development shall be consistent in size and scale with surrounding development.
b. The building design and materials shall be compatible with the character of the surrounding area.
c. The building design shall consider and respect the privacy of adjacent residents.
d. Building and site design shall be consistent with any applicable design guidelines.
e. Projects within redevelopment project areas shall be consistent with project area goals.
f. Development shall have adequate buffering to screen exterior trash, loading and storage areas from
view of adjacent streets and structures, and to minimize impacts of noise and lighting.
g. Projects in historic districts shall comply with applicable design standards.
2. Building/Site Planning Issues.
a. Building setting and grading shall consider the existing topography, and grading shall blend
contours with those of adjacent properties, consistent with City landform grading guidelines.
b. Building bulk and massing shall consider the size, shape and location of the site.
c. Mechanical equipment shall be screened from view of adjacent streets and structures, in a manner
which is architecturally compatible with the building design and materials.
d. All signage shall be integrated with building design.
3. Circulation/Traffic Safety, On and Off-
Site.a. Site access points shall be located so as to promote safe site access and egress, and cause
minimal disruption to public street traffic flow. The following guidelines should be used in locating
access
drives:i. Minimize the number of driveways/access points serving a single
site.ii. Provide for reciprocal access between adjacent parcels where
possible.iii. Provide adequate sight distance for drivers at all entrances, exits, drive aisles and roadways,
per City Standard Plan
126.iv. Locate site access points a safe distance from street intersections, and from other street/
driveway intersections. Factors to consider
include:a) Specific characteristics of the abutting public streets, including street width, capacity,
traffic volume, curvature, gradient, design speed, and intersection
characteristics;b) Specific characteristics of the proposed site and development plan, including site size,
shape,topography, and traffic generation
potential;c) Characteristics of the surrounding land uses, including existing and potential traffic
generation rates, peak hour usage, and potential for reciprocal
access.b. Interior site drive aisles shall align in a manner which promotes ease of circulation, and
minimizes traffic and pedestrian/vehicular
conflicts.4. City
Services.a. Projects shall employ concepts of crime prevention through environmental design, and
shall provide for site access to accommodate emergency services (police,
fire).Exhibit "C" Del Rio Dev. Agreement 67
b. Trash receptacles shall be placed throughout the site in locations and numbers adequate for usage
and accessible for pickup.
5. Environmental Protection. All projects shall be evaluated in accordance with the provisions of the
California Environmental Quality Act.
a. Projects shall minimize the disruption of existing natural features such as vegetation, topography
and ground features.
b. All streambed modification proposals shall identifY compliance with California Department of
Fish and Game requirements.
c. Projects shall make every attempt to preserve historic properties and landmarks.
G. Conditions of Approval. The Staff Review Committee may recommend or require reasonable
conditions of approval which may include, but not be limited to those items listed below. The Design
Review Committee may recommend conditions of approval for major site plan review in accordance
with Section 17.1O.070(E).
I. A revised site plan;
2. Modifications of building height, bulk, mass or scale;
3. Increased setbacks;
4. Division or sound walls;
5. Mitigation of potential project related environmental impacts;
6. Increased open space;
7. Screening of parking areas, trash receptacles, mechanical equipment, storage areas;
8. Increased landscaping;
9. Relocation of buildings;
10. Revised interior circulation or parking area design;
I I. Off-site
improvements:12. Revised grading plan;
or 13. Any other changes or additions the Committee feels are necessary to further the goals of the
site plan review
process.H. Findings Required. Findings shall be made as follows in conjunction with any project
approval.I. That the project design is compatible with surrounding development and
neighborhoods;2. That the project conforms to City development standards and any applicable special
design guidelines or specific plan
requirements;3. That the project provides for safe and adequate vehicular and pedestrian circulation, both on-
and
off-site;4. That City services are available and adequate to serve
the project;5. That the project has been designed to fully mitigate or substantially
minimize adverse
environmental effects.1. Expiration. If not utilized, project approval expires two years from the approval date.
Extension of time may be granted in accordance with Section 17.08.060. (Ords. 6-00; 10-
99; 12-98; 19-97;
12-95)17.10.070 Design Review.A. Purpose and Intent. The design review process is
established to provide a means of reviewing development projects to ensure that
these projects are compatible with community aesthetics including architectural design, massing and
scale, context, color palette, signage and landscaping.The design review process serves a primary role
in the implementation ofadopted design standards.The City's desil,'T1 objective is to enhance the community
character and identity of the City by Exhibit "
promoting diversity, creativity and cohesiveness in the development of property, building structures,
site relationships and landscape through quality design.
B. When Design Review is Required. Design review is required for all projects listed below:
I. Development projects requiring Planning Commission or City Council approval;
2. Any project requiring major site plan review;
3. Signs as specified in Chapter 17.36;
4. All projects located within a redevelopment project area except where otherwise exempted by the
specific design guidelines adopted for the project area;
5. All projects within Old Towne or other historic districts as established, except where otherwise
exempted by adopted design standards and/or adopted specific plan(s);
6. All projects for external remodeling of commercial, industrial, institutional and large scale
multiple family developments, except where otherwise exempted by City codes, including adopted
design standards and/or adopted specific plan(s).
C. Initiation and Application. Design review applications shall be filed in accordance with
application and submittal requirements as determined by the Design Review Committee. Application
materials may include site, building and landscape plans, photographs, colored elevations and/or
renderings and color and material boards. This information must be of sufficient detail to allow the
reviewing body to determine the compatibility of the change to the existing structure, area, or district
and that the project meets established design standards and criteria. In addition, to comply with
provisions of the California Environmental Quality Act, most projects in historic districts will
require an application for environmental review in accordance with Section 17.08.030. Submittal
materials shall also include information pertaining to scale, massing, streetscape, landscaping and
open space.
D. Design Review Procedure and Criteria. The Design Review COInmittee shall make a
recommendation or final determination as authorized by Section 17.08.020(D) to approve, approve
with conditions or deny a project at a public meeting. In making such recommendation or
determination, the Committee shall consider adopted design standards and guidelines (where
applicable), the Secretary of the Interior's Standards and Guidelines for Rehabilitation (where
applicable) and the following general criteria in making a project determination:
The project shall have an internally consistent, integrated design theme which is reflected in the
following elements:
1. Architectural Features.
a. The architectural features shall reflect a similar design style or period.
b. Creative building elements and identifying features should be used to create a high quality project
with visual interest and an architectural style.
2. Landscape.
a. The type, size and location of landscape materials shall support the projects overall design
concept.
b. Landscaping shall not obstruct visibility of required addressing, nor shall it obstruct the vision of
motorists or pedestrians in proximity to the site.
c. Landscape areas shall be provided in and around parking lots to break up the appearance of large
expanses of hardscape.
3. Signage. All signage shall be compatible with the building(s) design, scale, colors, materials and
lighting.
Exhibit "C" Del Rio Dev. Agreement 69 2004
4. Secondary Functional and Accessory Features. Trash receptacles, storage and loading areas,
transformers and mechanical equipment shall be screened in a manner which is architecturally
compatible with the principal building(s).
E. Conditions of Approval. The reviewing body may require reasonable conditions of approval to
mitigate potential aesthetic impacts of a project. These conditions may include but are not limited to
tile following:
I. Modifications to building height, bulk, scale, mass and placement;
2. Changes in building materials and color palette;
3. Screening of parking areas, trash receptacles, storage areas, mechanical equipment;
4. Changes to the location and use of plants in required landscape areas to mitigate community
concerns.
F. Findings Required. The reviewing body shall make findings for all projects based upon design
criteria stated above. Aspecific finding shall be made for projects as follows:
I. In the Old Towne Historic District, the proposed work conforms to the prescriptive standards and
design criteria referenced and/or recommended by the Design Review Committee or other reviewing
body for the project.
2. In any National Register Historic District, the proposed work complies with the Secretary of the
Interior's Standards and Guidelines.
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.
G. Expiration. rfnot utilized, project approval expires two years from the approval date. Extensions
of time may be granted in accordance with Section 17.08.060. (Ords. 10-99; 15-98; 12-
95; 16-94; 4-87; 20-82; 4-74: Prior Code 17.96.020, 17.96.100,
17.96.110, 17.96.
130)17.10.080 Environmental Review.Environmental assessments shall occur in
accordance with California Environmental Quality Act CEQA) provisions and the City of
Orange Environmental Review Guidelines. (Ord. 12-
95)17.10.085 Mitigation Monitoring Program.A. Purpose and Intent. The mitigation monitoring program is
a process used to verifY that mitigation measures, adopted in conjunction with project
approval to reduce or avoid significant environmental effects, are carried out during project
development or implementation. The program has been adopted to comply with the
requirements of the California Environmental Quality Act.B. When Mitigation Monitoring is Required. Mitigation
monitoring is required on all projects for which a mitigated negative declaration
or environmental impact report has been prepared.C. Initiation and Application. There is no formal application
process, however fees shall be paid in accordance with the City's
adopted Master Schedule of Fees and Charges.D. Mitigation Monitoring Program Manual.
The guidelines for implementation of the mitigation monitoring program are contained within
the City's Mitigation Monitoring Program Manual.E. Definitions. As used in this chapter, the following words
and phrases
shall have the meanings set forth below:I. "CEQA" means the California Environmental Quality Act as
in
force and amended from time to time;Exhibit "
2. "DIRECTOR" means the Director of Community Development or his designee, and/or such other
City Staff position as may be given responsibility for managing and enforcing the Mitigation
Monitoring Program in the Mitigation Monitoring Program Manual;
3. "PROJECT" refers to a development proposal subject to govemment approval defined in CEQA
Statutes and Guidelines Section 15378, partially reproduced as follows:
a. "Project" means the whole of an action, which has a potential for resulting in a physical change in
tile environment, directly or ultimately, and that is any of the following:
1) An activity directly undertaken by any public agency including but not limited to public works
construction and related activities, clearing or grading of land, improvements to existing public
structures, enactment and amendment of zoning ordinances, and the adoption and amendment of
local general plans or elements;
2) An activity undertaken by a person which is supported in whole or in part through public agency
contracts, grants, subsidies, loans or other forms of assistance from one or more public agencies;
3) An activity involving the issuance to a person of lease, permit, license, certificate, or other
entitlement for use by one or more public agencies.
4. "MITIGATION MEASURE" shall mean any action and/or inaction specified in the
Environmental Documentation for the purpose of reducing or eliminating identified environmental
impacts, in accordance with CEQA.
5. "PROJECT PROPONENT" shall mean both the owner of real property during any phase of a
development project and the applicant for any development approval for any stage of that Project.
6. "ENVIRONMENTAL DOCUMENT A TION" shall mean the final environmental impact report or
mitigated negative declaration, together with all amendments, addenda, supplements or other
modifications as approved by the City Council for the project, in accordance with CEQA and any
rules regulations or orders implementing CEQA adopted by any State or City agency.
F. Compliance Required. The project proponent of any real property within the City shall fully
comply with all mitigation measures at the respective times specified for such mitigation measures in
the environmental documentation for the project and with the provisions of the City Mitigation
Monitoring Program Manual as adopted and amended from time to time by resolution of the City
Council. Failure to do so shall result in one or both of the following:
I. Suspension of any and all rights to proceed with any previously granted development approval or
permit; and
2. Issuance of a stop work order requiring all work to cease except that necessary to implement
mitigation measures. Failure to comply with a stop work order shall be a misdemeanor and will be
enforced as such an offense. In the event that compliance is not achieved by the time set forth in the
approved environmental documentation, no further permits for the project involved will be issued
until the matter is resolved. Furthermore, if a field inspection reveals a violation of or a failure to
implement mitigation measures, and immediate action is warranted, the Mitigation Manager, or
authorized monitoring staff, shall have the authority to require all work to cease until resolution.
The City Council may, by resolution or in the Mitigation Monitoring Program Manual as adopted
from time to time, set forth procedures for enforcement of this chapter, for issuance of stop work
orders hereunder, and for resolution of disputes arising from the Mitigation Monitoring Program or
its enforcement. Failure to comply with this chapter or with any such stop work order shall be a
misdemeanor and each day that such failure to comply continues shall be a separate offense.
G. Cost to be Borne by Project Proponent. The Project Proponent shall pay to the City the reasonable
costs of administering the City of Orange Mitigation Monitoring Prol,'fam with respect to the Project
Proponent's Project. Such costs shall include, but not be limited to, the time of City employees
Exhibit "C" Del Rio Dev. Agreement 71 2004
necessary to monitor and ensure compliance by the Project Proponent, the cost of materials,
traveling expenses and other reasonable costs of administering the program, and a reasonable
allocation of the costs of equipment, computer facilities and other capital expenses incurred by the
City in order to administer the program. The City Council may establish by resolution from time to
time, the amounts of or methods for determining and collecting fees or charges to recover such costs.
Ords. 19-97;
22-91)17.10.090
Demolition Review.A. Purpose and Intent. The demolition review process has been established to preserve
tile integrity of the City's cultural and architectural history. For this reason, a specific demolition
review process has been established for historic districts and structures. The provisions of this section shall
apply to the
demolition of:1. Any structure within an established historic district that is over one hundred twenty (
120) square feet
in area.2. Any structure listed on the National Register at any location within
the City.Exception: This process is not intended to
apply to:I. Demolitions ordered by the Chief Building Official or Fire Chief of the City of Orange
to remedy conditions determined to be dangerous to life, health,
or property.2. Demolition of a noncontributing structure which has a floor area less than one
hundred twenty 120) square feet. Demolition of structures in the Plaza Historic District shall require approval
of the State Historic
Preservation Office.B. Initiation and Application. Demolition review includes evaluation of a replacement
use or structure, and application shall be made in the same manner as for design review, in
accordance with Section 17.1O.070.C. Most demolition reviews will also require a concurrent
application for environmental review, in accordance with the California Environmental Quality Act and the
City's Environmental
Review Guidelines.C. Issuance of a Demolition Permit. A permit to demolish a building or structure
within the boundaries of Old Towne shall only be issued concurrently with the issuance of a building
permit for the approved replacement building, structure, or other permit approving the future use.
This section shall be
effective when:I. The structure is to be removed from the site, by either destruction
or relocation.2. All or part of the structure is to be demolished to the extent that its structural
or architectural integrity is
permanently impaired.
D. Appeals.I. Demolition reviews may be appealed in accordance with Section 17.08.050 of
this code.a. An appeal of a decision to either approve or deny the design of a replacement
building, structure or use shall be based upon the criteria contained in Section 17.1O.070.D. of this code and/
or the design standards for the Old Towne Historic District as adopted by reference in Chapter 17.
17.060 of
this code.b. An appeal of a decision to approve the demolition of a building or structure that
the appellant believes is worthy of preservation because it makes a significant contribution to the
historical or cultural heritage of the City shall be substantiated by a contributing or higher status on
the Historic Survey, or other evidence from an expert in the area of historical structures. Such appeal
shall also require that the appellant present a plan and schedule for preservation through relocation
of the building or structure, with evidence of financial ability to complete the
proposed project.Exhibit "C" Del Rio Dev. Agreement
c. An appeal of a decision to deny the demolition of a historically or culturally significant building or
structure may be based upon economic hardship. The appellant shall provide evidence to substantiate
the fact that preservation is not economically feasible.
2. If no appeal is filed within the established fifteen (15) day appeal period, the demolition permit
shall be issued subject to all the provisions of this chapter.
E. Penalties for Noncompliance. Any structure demolished without benefit of a City demolition
permit may be subject to either or both of the following penalties:
I. Civil penalties specified in Section 1.08.010 of the OMC.
2. No application for permit nor building construction shall be allowed for a period of one year from
the date of the demolition of the structure. This penalty shall apply to all properties unless waived or
modified, upon appeal in accordance with Section 17.08.050 of this title. (Ords. 15-98;
12-95)Chapter 17.12 GENERAL REGULATIONS APPLICABLE TO
ALL DISTRICTS 17.12.010 Purpose
and Intent.17.12.
020 Antennas.17.12.030
Lil!:htinl!:.17.12.040
Setback Lines.17.12.050 Heil!:htarNon-
Habitable Freestandinl!: Structures.17.12.010
Purpose and Intent.This chapter establishes regulations applicable to specified zone
districts. (Ord. 12-95)
17.12.020 Antennas.The purpose of this section is to permit antennas subject to regulations
necessary to reduce adverse environmental impacts created by their construction and use. For definition of
terms used in this section refer to Chapter 17.
04 of this title.A. Amateur Radio Antennas. Amateur radio antennas are permitted uses in
all zone districts and shall be
subject to the following:I. Number. One mast shall be permitted per lot. No more than three antennas
may be mounted per mast and provided, further, that no antennas or antenna wires shall
be attached to balloons.2. Height. Maximum height ota mast or an antenna shall be fifty (50)
feet. However, the maximum height of an antenna mounted upon a self-supporting telescoping tower
may exceed the limit by sixteen (16) feet, provided that the highest portion of the antenna is kept at
the fifty (50) foot height limit at all times when tile antenna is not in use. Further provided that upon
proof that the owner or person in control of the antenna has been determined by the State
to be handicappcd, the requirement to retract the self-supporting telescoping tower to maintain the
maximum height of fifty (50) feet when not in use may be waived by the Zoning
Administrator
through approval of an administrative adjustment.3. Location. An antenna mast not roof mounted shall be located
behind the main structure and no closer than ten feet to the rear and side property lines. A roof mounted
antenna shall be kept to the rear portion of the main structure to
minimize antenna visibility from the street.Horizontal antenna clements shall be located to the rear of the center
line of the main building and
not extend beyond the
property line.B. Wireless Communication Antennas.Exhibit "C"
1. Wireless communication antennas are permitted uses in OP, CP, CI, C2, CTR, C3, CR, PI, MI
and M2 districts and shall be subject to the following:
a. Ground Mounted Antennas. Antennas shall be located at least one hundred (100) feet from any
residentially zoned property, shall not exceed sixty-five (65) feet in height and shall conform to
all building setback requirements. All equipment associated with the operation of a ground
mounted wireless communication antenna shall comply with development standards for the zone in
which they are
located.b. Building Mounted Antenna. Antenna elements may be placed on building facades or mounted
on rooftops. When located on top of buildings shall not exceed ten feet in height, and the
combined height of the building and antenna shall not exceed the height limitations of the underlying zone.
If the building itself exceeds the height limitations of the zone, and such excess height was
legally established (for example, approved by conditional use permit), then the combined height of
the building and antenna shall not exceed the maximum height allowed by such approval.
Support and/or switching equipment shall be located inside the building unless it can be screened from
view or as noted below. All building and roof mounted antennas, and any associated externally
located and/or switching equipment, shall be screened from view or architecturally integrated to blend
in with the design of the building. Screening shall be achieved either by existing building
component,such as parapet walls, or by screening devices that are compatible with and complimentary to
the architectural features and over all design and massing of the building. If staff determines that
a proposal is architecturally compatible with the existing structure, then it may be
approved administratively. Otherwise the applicant must obtain approval of the Design Review
Committee prior to issuance of building
permits.2. Wireless communication antennas are permitted subject to issuance of a conditional use
permit under the following
circumstances:a. When ground mounted antennas in the OP, CP, CI, C2, CTR, C3, CR, PI, MI and M2 districts
are located less than one hundred (100) feet from any R-3, R-4 or MH zoned
property, from any property in the PC zone that is designated for multiple family use, or from
any residentially zoned property that is developed with a nonresidential use. Antennas shall conform to
all building setback requirements, and all equipment associated with their operation shall
comply with development standards for the zone in which
they are located.b. In residential
zones as follows:i. On any public or private school site, park or recreation facility, provided that
any ground mounted antenna is located at least one hundred (100) feet from any R -lor
R -2 zone.ii. On properties continuing legal nonconforming commercial developments,
provided any ground mounted antenna is located at least one hundred (100) feet from any R-
I or R-2 zone.iii. In the R-3 and R-4 zones, only on properties which abut a
freeway right of way and are a minimum of one acre in size, provided that any ground
mounted antenna is located at least one hundred (100) feet from any R-I or R-2 zone and is
within one hundred (100) feet of
any C-I, C-2,CTR, C-3 or PI zoned property.c. In the RO zone, in
any public or private or recreation facility, provided that any ground mounted antenna is
located at least one hundred (100) feet from anyR-I or R-2 zone.d. When
building mounted antennas exceed ten feet in height, when the combined height of thc building and antenna
exceeds the height limitations of the zone, or when the combined height of the
building and antenna exceeds the limitations of any prior permits approved that granted additional height
for the building. All such antennas, and any
architecturally compatible with the building, or shall be screened from view in a manner that is
architecturally compatible with the building.
C. Satellite Dish Antennas. Satellite dish antennas are permitted uses in all zone districts subject to
the following:
I. Number. One satellite dish antenna shall be permitted per lot.
2. Height. Satellite dish antennas shall be limited to a maximum height of fifteen (15) feet as
measured from pedestal base to highest point on the dish.
3. Location. Satellite dish antennas shall be located within that area between the ultimate right-
of-way of any street and the building face and shall conform to all building code requirements.
Dish antennas that are greater than twenty (20) inches in diameter shall be ground mounted in
all residential zones and may be roof mounted in all other districts. Dish type antennas that are less
than twenty (20) inches in diameter may be roof mounted in all zoning districts. Ground
mounted antennas shall be screened in such a manner that they are not visible from adjacent streets
or properties. Roof mounted antennas shall be screened or integrated into the design of the structure
in such a manner as to minimize aesthetic impacts upon adjacent streets and properties. Any
screening shall utilize existing building elements (such as parapet walls) or shall be architecturally
compatible with the main structure. Means of integration may include placement below higher building
elements such as ridgelines and eaves), placement in inconspicuous locations on sidc or rear facing
building elements, use of color that blends with mounting surface, or other similar means. No antennas
shall be installed on portable or movable structures such as a
trailer.D. Other Antennas. Any antenna not specified in subsections A through C of this section above
used for commercial purposes shall comply with the provisions of subsection B above. (Ords. 10-
99; 13-98; 16-96; 12-95; 1-91; 2-86; 20-82: Prior
Code 17.72.010,
17.73.030)17.12.
030 Lighting.The following provisions shall apply:A. Lighting on any premises shall be dirccted, controlled, screened
or shaded in such a manner as not to shine directly on surrounding premises.
Furthermore, lighting on any residential property shall be controlled so as to prevent glare or dircct
illumination of any public sidewalk or thoroughfares.B. On any commercial or industrial zoned property,
glare from exterior lighting shall be shielded,screened or oriented so as to not be seen from any
point beyond the exterior boundaries of the property and so the source shall not be a nuisance to any
point beyond the exterior boundaries of the property or cause illumination in residential districts in
excess of 0.5 footcandles. Flickering or intrinsically bright sources of illumination shall be controlled so as
not to be a nuisance in residential districts. Illumination levels shall be measured
with a photoelectric photometer having a spectral response similar to that of the human eye,
following the spectral luminous efficiency curve as adopted by the International Commission
on Illumination. (Ords. 12-95; 14-93: Prior Codes 17.26.230, 17.32.260, 17.
38.230, 17.40.230
and 17.46.320)17.12.040 Setback Lines.The following regulations apply to
all zone districts with regard to building sctback lines.A. Necessity and Purpose. The Planning Commission and
the City Council of the City find that the setback lines established in this title are
necessary
to promote public safety, health and welfare as follows:
I. To provide for reasonable access for
fircfighting equipment;2. To provide for access by
3. To provide for means by which civil defense measures may be enforced;
4. To provide greater traffic safety and easy movement of vehicular traffic;
5. To protect pedestrians from hazards;
6. To provide for pedestrian travel and to permit pedestrians adequate ingress and egress and easy
access to and from public streets and sidewalks;
7. To provide for property drainage control;
8. To provide permanent open space;
9. To provide light and air and to eliminate congestion;
10. To provide room for landscaping and architectural trim features; and
II. To implement comprehensive plans to generally improve the welfare of the public and the
neighborhood.
B. Measurement of Setback Lines From Street. The front yard and street side setback in all zone
districts shall be measured from the ultimate street right-of-way line. The ultimate width of
the street shall be as shown in the Master Plan of Streets and Highways and as modified by
adopted precise
street plans.C. Structures Prohibited Within Setback Area. No building, structure, heating, air
conditioning, pool or other mechanical equipment shall be erected or relocated between the required setback
line and the ultimate right-of-way of any public street except as provided for in Chapters 17.
14 through 17.26 of this title. Signs may be permitted within the setback areas asspecified in Chapter
17.
36 of this title.D. Structures and Features Permitted Within a Yard Setback. Only
the following structures and features may be permitted within a required setback area, provided that a minimum
width of two feet six inches is maintained clear of obstruction for pedestrian access, and that
access for persons with disabilities (if required) is
provided elsewhere on site:I. Walkways, driveways, and
uncovered patios at grade;2. Railings or fences; however, in the required front yard, fences shall be limited
in height to
three and one-half feet;3. Signs, in accordance with provisions contained in Chapter
17.36 of this title;4. Chimneys and fireplace structures not wider than eight feet, as
measured in the general direction of the wall, and architectural trim such as cornices may project not more
than
two feet into setback areas;5. Bay windows and garden windows, not wider than eight feet as
measured in the general direction of the wall, may project no more than two feet
into any required setback area;6. Building eaves, canopies, awnings or marquees, at a height of at least
eight feet, may project into required interior side yard setback areas not more than two-
thirds the dimension of the required setback, and may project into required front, rear and street side
yard setback areas no more than one-third the dimension of the required setback. Said
projections shall be supported entirely by
the buildings to which they are attached;7. Balconies which do not provide primary or secondary access
to the building may project into the required rear yard areas not more than four feet and shall be at a
height of at least eight feet. Any projection into required side yards
must conform to the Uniform Building Code;8. Fountains, ponds, sculpture, planters, and flagpoles for
the display of national and State ensigns only
may be permitted within required setback areas;9. Mechanical equipment in the side or rear yard setback
and only when
screened from view andameeting noise requirements;Exhibit "c"
10. Outside stairways, uncovered and unenclosed above or below floor or steps may extend into the
rear yard a distance of four feet;
II. Arbors, consisting of a latticework frame or open trellis to support climbing vines, and used as a
gateway to a yard or garden area, provided that the arbor structure does not exceed eight feet in
height, four feet in width and two feet in depth, is located entirely on private property, and is
securely installed or mounted so as to not pose a risk to passersby;
12. Where commercial, industrial or professional buildings are permitted to abut a street property
line, canopies, awnings or marquees may project no more than nine feet beyond the property line or
three- fourths the distance between the property line and curb, whichever is less, at a minimum
clearance of eight feet above the sidewalk. Said projections shall be supported entirely by the
building to which they are attached, and shall be subject to review and approval by the Department
of Public Works.
E. Landscaping of Setback Area Required. All required setbacks abutting a public right-of-
way shall be permanently maintained with landscaping. (Ords. 19-97; 12-95; 20-
82; 14-65; 33-60; 568: Prior Code 17.72.030, 17.72.040, 17.72.050,
17.76.010 and 17.76.030)17.
12.050 Height of Non-Habitable Freestanding Structures.The height of freestanding structures, other than antennas
as provided in 17.12.020 and sign structures as provided in Chapter 17.36, shall
comply with building height requirements of the zone.Additional height may be considered by minor site plan
review as specified in Section 17.10.060.Ords. 12-95; 1-91; 2-
86; 20-82: Prior Code
17.72.010 and 17.74.010)
Chapter 17.14 RESIDENTIAL DISTRICTS 17.
14.010 Residential Districts-Purpose
and Intent.17.14.015
New Residcntial Development.17.14.
020 Districts Established.17.14.030
Permitted Uses.17.14.040 Prohibited
Uses.17.14.050 Special
Use Re2ulations.17.14.060 Conditional Use
Re2ulations.17.14.070 General
Requirements.17.14.080 Buildin2 Lot
Area Requirements.17.14.090 Yard Requirements.
17.14.100 Greater Hei2ht Permitted.17.14.110 Usable
Open Space Required.17.14.120 Distance Between Dwellin2s and Other
Principal Structures.17.14.130 Minimum Floor Area in R-3
and R-4 Districts.17.14.
140 Minimum Stora2e Area in R-3 and
R-4 Districts.17.14.150 Corner Cut-
Off Required.17.14.160 Attached
Accessorv Structures or Gara2es.17.
14.170 Detached Accessorv
Structures or Gara2es.17.
14.180 Fences and Walls.17.14.190
17.14.220 Sil!.ns.
17.14.230 Trash Enclosures.
17.14.240 Screeninl!. of Mechanical Equipment.
17.14.250 Old Towne Desil!.n Standards. (not applicable)
17.14.260 Additional Development Standards for Mobile Home Parks. (not applicable)
17.14.270 Senior Citizen Housinl!.--Purpose and Intent.
17.14.280 Definitions.
17.14.290 General Development Requirements.
17.14.300 State Incentives and Requirements.
17.14.310 Special Incentives and Requirements.
17.14.320 Conditional Use Permit Required.
17.14.330 Deed Restriction.
17.14.340 Affordable Housinl!.-Purpose and Intent.
17.14.350 Definitions.
17.14.360 Elil!.ibilitv.
17.14.370 Development Incentives.
17.14.380 Application Procedure.
17.14.390 Affordable Unit Distribution and Product Mix.
17.14.400 Affordabilitv Al!.reement.
17.14.410 Findinl!.s.
17.14.420 Enforcement.
17.14.010 Residential Districts--Purpose and
Intent.The purpose of this chapter is to create and preserve residential areas for a range of housing
types and lifestyles. These provisions establish use regulations and development standards which
are intended to create the highest quality residential development, minimize land use
conflicts,encourage the rehabilitation and maintenance of residential neighborhoods and implement the
goals ofthe City's General
Plan.The provisions of this chapter do not guarantee that the maximum General Plan density is
achievable for all projects and properties. Development density is dependent on many factors including
lot configuration, topography, unit size, development standards, neighborhood context and
other discretionary factors. (Ord.
12-95)17.14.015 New
Residential Development.The City Council has adopted a policy that establishes a target goal of allocating 20% of
the annual production of new residential housing as affordable to very low, low and
moderate income households. Developers of projects with II or more dwelling units are required to
participate in discussions with City staff to evaluate the feasibility of providing affordable units.
Such discussions are encouraged to occur early in the development review process, notably prior to the
filing of applications. Various incentives are available to assist in making it economically
feasible for developers to provide affordable housing. Incentives such as increases to residential
density and reductions to development standards are available by request and approval of a
conditional use permit. Financial assistance through local, state, and federal programs may also be
requested. The New Housing Construction Policy, the available incentives, and the development
review process involved with determining feasibility are described in the City's Affordable Housing
Plan, which supplements the Orange Gcneral Plan Housing Element. (Ords.
12-95; 19-94)Exhibit "C" Del Rio
17.14.020 Districts Established.
Sixteen residential zoning districts are established by this chapter. All uses within these districts are
subject to the provisions of Table 17.14.030, and all development shall be in accordance with the
City's General Plan Land Use policy goals and with the development standards set forth in Table
17.14.070.
A. RI-5 (Single-Family Residential). A single-family residential district with a minimum
lot area of 5,000 square feet. The RI-5 district is created to implement the East
Orange General Plan where policies have been established to ensure functional
and attractive single-family neighborhoods.The RI-5 designation shall be permitted onl"y in
areas designated Low Medium Density Residential on the General Plan Land Use Policy Map. The RI-5 district
is intended for limited use (no more than 10% of total residential product mix) in large scale
development projects in which at least 40%ofthe planning area is
retained as permanent open space. (Ord. 12-95)B. RI-6 (Single-Family Residential).
A single-family residential district with a minimum lot area of 6,000 square
feet. (Ords. 12-95: Prior Codes 17.10 and 17.26.010)C. RI-
7 (Single-Family Residential). A single-family residential district with a minimum lot area of 7,000
square feet. (Ords. 12-95; 42-65; 8-62; 33-59; 700: Prior Codes
17.12. and 17.24)D. RI-8 (Single-Family Residential). A single-family residential district
with a minimum lot area of 8,000 square feet. (Ords. 12-95; 42-65; 54-
59; 700: Prior Codes 17.14 and 17.22)E. RI-1O (Single Family Residential). A
single family residential district with a minimum lot area of 10,000 square feet. (
Ords. 12-95; 45-65; 33-59; 700: Prior Code 17.16 and 17.
20)F. RI-12 (Single-Family Residential). A single-family residential district with
a minimum lot area of 12,000 square feet. (Ords. 12-95; 45-65: Prior Codes
17.18 and 9105.10)G. RI-15 (Single-Family Residential). A single-
family residential district with a minimum lot area of 15,000 squarefeet. (Ords.
12-95; 45-65: Prior Codes 17.20; 17.16.010,9105.9)H.
RI-20 (Single-Family Residential). A single-family residential district with a minimum lot area of20,000
square feet. (Ords. 12-95; 49-71: Prior Codes 17.22; 17.14)
1. RI-40 (Single-Family Residential). A single-family residential district with a minimum lot area of one acre (43,
560 square feet). (Ords. 12-95; 11-89; 49-71: Prior Codes 17.24
and 17.12)J. RI-R (Single-Family Residential). A single-family
rural residential district with a minimum lot area
of two and one-half acres (108,900 square feet). The purpose
of this district is to allow for low density rural residential use in a manner which
will eliminate or minimize modifications to significant riparian habitat, oak woodlands and prominent landforms
located within the areas encompassed by this land use designation. (Ord. 12-95)K. R2-
6 (Duplex
Residential). A residential district that provides opportunities for duplex development on lots containing a minimum
area of 6,000 square feet. This district recognizes the need to provide multiple-family housing in
the form of
duplexes, detached dwellings, or small apartment buildings. (Ords. 12-95; 12-87; 20-82; 6-
80; 17-76; 44-58; 493: Prior Codes 17.26 and 17.28)L. R2-7 (Duplex Residential).
A residential district
that allows duplex housing on lots containing a
N. R-3 (Multiple-Family Residential). A multiple-family residential
district which allows apartments, condominiums, and townhomes. The purpose is to provide a minimum
of ground area coverage and a maximum of open space within higher density developments. (Ords.
12-95; 19-94; 5-89; 12-87; 20-87; 18-76; 4-
65; 44-58; 634: Prior Codes 17.32; 17.30)
O. R-4 (Multiple-Family Residential). A multiple-family residential district whichallows
apartments, condominiums, and townhomes. (
Ords. 12-095; 12-87; 20-82; 20-76: Prior Codes 17.34 and 9107.
8.1)P. MH (Mobile Home Residential). A mobile home district which allows for the
preservation and construction of mobile home parks. The district recognizes the need to provide the unique setting and services
of a mobile
home park. (Ords. 12-95;
38-73; 385: Prior Codes 17.36 and 17.64.040,090,180,210)17.14.
030 Permitted Uses.Table 17.14.030 indicates all uses permitted (P), permitted by conditional use permit (
C), permitted as an accessory use (A), and not permitted (-) in the residential zones. Permitted
uses with an asterisk (*) are subject to special use or development conditions outlined in Section
17.14.050.Conditional uses marked with a plus (+) also have special use or development standards
as outlined in Section 17.14.060. Conditional uses marked with a pound symbol (#) must conform to
special provisions
contained in Section 17.
14.070 (V & W),
as
well
as City
Council
policy. (
Ords. 23-99;24-96; 12-95)Table
17.
14.030 USES IN
RESIDENTIAL ZONES r-'------"..'.---I
I .1 I RI-20 I i... i ! !I
to Rl- ! I I ! !I I RI-6 to I 40 &1 R2-
6 to 1 I i I
l LAND USE . RI-51 RI-15 ! RI-R I R2-8 ! R-3I.
R-4 I MH Residential U-;;;___--r---T .. I .. .. r---r~~--I------
r---
I
Accessory Second Housing Unit fA-;-1 A * iA * r--
A:*-r--A*---
r--A:*-cr-=-Single
Family Residence
I P# I pip I P r PiP-I.. IDuplex' . u. II I - r~-l P PT-p-r-::--i I , , 'i-'f '--~--~-----,-~--''- ,---I Multiple-Family Dwelling
i I ! 'p*' P* ; p* I
ICondominium
i. p*
p* p*
I I I C C I_C__L_~
J_~__I~_!P P P P
P P Mobile
Home Park Mobilehome,
Modular, or Manufactured
Housing Unit with
permanent
foundation Mobilehome, Modular,
or Manufactured Housing
Unit without permanent
foundation Planned Unit
Developments P C+C+C+C+C+
C+
Exhibit "COO Del Rio Dev. Agreement
80 2004
r--=---I----=---I---=-I---=--I-
c[1 I__=--r-=___I !
clr-=-r---I r
I cl I 1 ~-I r C '1
C 1 1*
1 p*
r-'
P*..
i
p*Lr rlP*-
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p* I
P*L p*Lr - ~-r-=--l
C+ Fn II .1
I 1 f"*r P* I p* p* P* I
p* p*iP-11 --p--..r
P P l-pT--P--
jP-
I I i I I
rc-r-c--
jC-r---c-ic--c-l-c--I. 11.1
i
I1 -
I - I i C IC
i
C
r----I---
I---I---I---
r___---!---B;!;;;;d Breakfast Innf-~-T-=--!-~--r-C+ ---!- C+ --r--c-i---r--=---
Garage
or
Yard Sales r A*[A* r A*-r--A.*--i-P:*---[A*--
A*CO~:~~:~~~:~7 with ~crC+-1C+--r C+ : C+ I C+
C+Home Occupation IA* r-A*
r-A*-[A*___r A*IA* -r-A*
Hospital
1 i ~-[C-!
C I-Mi~i=w;r~~~ifSh;r-;g~[---I--~-i~--- i---~-r ----
c--r-c--rHc---Real
Estate Office, Temporary I p*
I' p* p*
p*
p* p*-p*Tree and Shrub
Farm C+
I Boarding andLodgingHousesI _.
Fraternity,sorority I I
Rest
home, co~
val~scent hospital, samtaTIum L. ..
C()nununit)' C:are
Facility Congregate Care Home
Health Facility 60rfe\
Verpersons)
Home for Elderly, or
mentally,or physically disabled persons 6
or fewerpersons)
Senior Citizen Housing Development I Day
Care Uses.fFamily
Day Care, Large 9-14
I children I Family Day Care,
Small
8 or i
fewer children
I I
Child Care Center inI,'
conjunction with a
church or
schoolChild
Care Center Commercial
Uses
Other
Uses
Accessory Structures, Attached and Detached Agricul
turelH orticulture
C C C A A A A A
IP* J p* Tp*-i~~Tp*~T p*
p* i[__P*-I.P*. i[p*.~r-
p*.--[
p*
I p* [p* 1P*[P*-iP;-] p*Ic+
r~~+ [c+ I c+ I C+ I c+cem~~:~~~~:~~
ding r-r-c-r=1 C I C
r C 11 .1-------'Charitable .lnstitutioll_ m . _ I C
I C C~urch, Museum, r-ibraryll C 1 C 1 C 1
C cl
C faa~~~~~t~~~~t ~r p* ~I p*
r p* :r*I KecpingofHorses& Livestock I.. . J .[
A*-I~11 JI. Moving an existing structure or j~* r p* Ip* IP*-I-P;;--Ip*building onto a buildi~g site. I I j ! i from another locatIon ,
i ! I j I I pUblicRecr~a:~~nFacilitYOr. r-
p-
r
PiP
r-p-I-p~r P .1 p.1 1
Public Utility/Structure [cT C rC-fc:-r- C---r--C--r-.
C-
i i School, College (
publiclprivate)-I C I c
I C -r--
C--I--
c-~
ic----
i-
C-
I
I I. Antenna,
Private RadiolTV
I Antenna,
Private
Satellite
Dish
I Antennas,
Wireless
I. Communication
i I
I
lH
I Animal Keeping
p*I p*1 p*F rc C I p*I 1 -
rp;-I i
KEY:P = Permitted
Use.C = Conditional
Use Permit required. Refer to administrative procedure provisions In Section 17.
08.030.Not Permitted.A = Accessory Use.Use subject to special
provisions contained in Section 17.
14.050.Use subject to special provisionscontained in Section 17.14.060.17.14.040 Prohibited Uses.Any
use not listed in Table 17.14.030 as a permitted use, conditional
use, or accessory use is prohibited. However, the Community Development Director or his designee shall have the authority to determine that
an unlisted use is similar
to a use listed in 17.
14.030 and subject to all applications and restrictions specified. (Ord. 12-95)17.14.050
Special Use Regulations.Accessory uses and
permitted uses marked with an
asterisk (*) in Table 17.14.030 are permitted subject to the following use regulations:A.
Accessory Second Housing Unit.I. Accessory second housing units shall be permitted only on lots which
contain one existing permanent single-family dwelling unit,
guest house, granny housing unit, maid's quarters or similar facility. Lots containing a tent, trailer or
other temporary structure shall not be considered for development of accessory second unit housing.
2. The accessory second housing unit or the contiguous land area surrounding the unit shall not be
sold separately from the existing (principal) dwelling unit.
3. The floor area of the accessory second unit shall not exceed six hundred forty (640) square feet,
and the unit shall contain a minimum floor area of four hundred fifty (450) square feet.
4. The accessory second housing unit may be attached or detached but if detached, shall comply with
the provisions of Section 17.14.120 relating to, Distance Between Dwellings and Other Principal
Structures.
5. All construction shall conform to municipal code requirements of height, setback, lot coverage,
local building architectural compatibility standards, fees, charges, and other zoning requirements
applicable to residential construction in the applicable zone.
6. One unenclosed parking space in excess of the code parking requirement for the existing
principal) residential use shall be required. Required parking shall not be permitted within the front
yard setback.
7. If a private sewage disposal system is being used, approval by the local health officer shall be
obtained prior to issuance of a building permit.
8. The accessory secondary housing unit shall not be allowed in any portion of the City defined by
City Council resolution as being significantly impacted by insufficient capacity for traffic
circulation, parking, public utilities, or similar infrastructure needs.
B. Agricultural/Horticultural. Sale of agricultural products from the site on which they are grown
may be permitted subject to an administrative adjustment as specified in Section 17.10.050. (Ords.
12-95: Prior Code 17.08.
030A)C. Animal
Keeping.The keeping of animals shall conform to the provisions of Chapter 6 of the Orange
Municipal
Code.2. The keeping of birds (as defined in Section 17.04.030) as pets or hobby shall conform to
the following
standards:a. The occasional sale of birds is permitted when such sale is incidental to the keeping of birds
as pets or
hobby.b. All birds permitted under this section shall be confined indoors or in a coop or
aviary.c. Coops or aviaries shall at all times be maintained in a clean and sanitary condition and shall at
all times be free of offensive
odors.d. The location of coops or aviaries shall maintain a minimum setback of five feet from all
property
lines.e. The City's Code Enforcement Supervisor or designee shall be responsible for determining if
the keeping of birds permitted under this section constitutes a nuisance, health or safety hazard, or
is being conducted in violation of subsections a, b, c or d
above.3. The keeping of animals on lots having less than 20,000 square feet of lot area per dwelling
unit,shall conform to the
following:a. The total number of mature dogs and cats shall be limited to three dogs and three
cats.b. Poultry, rabbits, reptiles, rodents, and other small animals (less than five pounds), shall be
limited to a total number of five, and all such animals shall be maintained in coops, pens, or other quarters
or restraints located a minimum of twenty (20) feet from any property
line.c. A maximum of five animals in any combination, as listed in items a and b above, shall
be permitted on a
property.Exhibit "C" Del Rio Dev. Agreement 83
4. The keeping of animals in single family districts on lots having twenty thousand (20,000) squarefeetormoreperdwellingunitandzonedRI-20 or greater shall conform to the
following:a. Adult equine, bovine, sheep, goats, and swine shall be limited to a total of two such animals inanycombinationpertheinitialtwentythousand (20,000) square feet ofland area. One additionalequine,bovine, sheep, goat, or swine may be kept for each additional ten thousand (10,000) square feet
of owned or leased contiguous land. However, no more than six such adult animals in any
combination shall be kept. The offspring of such animals shall be considered adults when eight months
old,except the offspring of equine shall be considered adults when twelve (12) months
old.b. Animals listed in Subsection 3 above shall not exceed a total of ten in any combination on
a twenty thousand (20,000) square foot property. An additional five such animals in any
combination may be kept for each additional five thousand (5,000) square feet of owned or leasedcontiguouslandintheaggregatewithamaximumoffifty (50) such animals in any combination. The keeping
of more than three dogs shall be subject to the requirements of Section17.30.
050.c. All equine, bovine, sheep, goats, swine, poultry, rabbits, birds, and rodents shall be maintained
in coops, pens, corrals, stables, tethers, or in some other means of confinement. Such animals shall
not be kept in the required front yard and shall be kept stabled, or tethered a minimum of fifty (50)
feet from any structure used for human habitation other than that of the subject property owner, and
a minimum of twenty (20) feet from any property
line.5. All animals and animal quarters shall be maintained in a clean and sanitary condition, and shall
be subject to inspection by City code enforcement or legally authorized County of OrangeemployeesfortheenforcementofDivisionIofTitle4oftheCodifiedOrdinancesoftheCountyofOrange,established for animal control, welfare, license, and health
requirements.6. The following types of animal keeping or raising shall not be
permitted:a. Commercial
dairies;b. Commercial
kennels;c. Rabbit, fox, goat, and other animal-
raising farms;d. Farms devoted to the hatching, raising, fattening, and/or butchering of poultry or
the commercial production
of eggs;e. Livestock-
feeding ranches; and f. Ranches operated publicly or privately for the disposal of garbage, sewage, rubbish,
or
offal. (Ord.12-95)D. Antennas. Subject to the provisions contained in Orange Municipal Code
Section 17.12.020.Ords. 12-95: Prior Codes 17.04; 17.42; 17.
43; 17.72; 17.73)E. Condominiums. A minimum of five units is required for
the development of a condominium project. The development project must be accompanied by a tentative tract
map as provided in Title 16 of the Orange Municipal Code. For the conversion of
existing multiple family rental housing units to condominiums, stock cooperatives or community projects refer to
Section 17.30.040. (Ords.12-95; 20-92; 20-
82; 38-80: Prior Codes 17.84, 17.83)F. Creation of a lot without frontage on
a public street. Such development requires minor site plan review approval by the Community Development Director
as described
in 17.10.060 of
this Title.Ord. 12-95)G. Garage or Yard Sales.I. A sales event shall take place at one
address no more than once every four months. However, the Community Development Director may
authorize one additional sales events at one address within a four month period. Any
person aggrieved by the action of the Community
either authorizing or denying an additional sales event shall have the right to appeal the matter to the
City Council for final determination.
2. A sales event may continue for up to a maximum of four consecutive days. When a sales event
has begun and is actually interrupted by inclement weather, the sales event period may be extended
by an additional sales day for each day of actual interruption until there is a total of not more than
four sales days.
3. A sales event shall take place between the hours of 8:00 a.m. and 8:00 p.m.
4. Items to be sold at a sales event shall be "used" items which were part of a reasonable household
use. No merchandise or new goods shall be brought in from another location for the purpose of being
displayed or sold at a sales event. The term "a reasonable household use" shall be construed broadlyinfavoroftilesaleoftheitem.
5. No sign advertising the sales event may be placed or maintained upon any portion of a public
right-of-way, including street signs, street trees or
utility poles.6. No item for sale or advertising sign shall obstruct any street, sidewalk, parkway,
or driveway.7. Any violation of this subsection shall be considered an infraction. (Ords. 12-95;
4-87; 17-84; 15-80; 43-69: Prior Codes 17.
1O.030K and 17.26.010)H. Health Facility or Home for Elderly, or Mentally or
Physically Disabled (Six or fewer persons).All such uses are permitted provided the use complies
with applicable provisions contained in the California Health and Safety Code. (Ords. 12-95; 26-83;
20-82; 25-
76: Prior Codes 17.54.030 and 17.42.020)I. Home Occupations. A home occupation is one
carried on in a dwelling as a secondary use, where there are no displays or signs at or upon
the premises, no other commodity or services are sold upon the premises and no storage of
materials and/or supplies upon those premises except within the dwelling or an enclosed garage.
Where storage will take place within an enclosed garage, such storage shall be conducted in such a manner
so as not to interfere with the parking of vehicles therein. Any materials and/or supplies which
are stored upon the premises shall not occupy a space in excess of
five hundred (500) cubic feet. Such an occupation shall not:I. Create light, noise, odor,
dust, vibration, fumes
or smoke readily discernible at the exterior boundaries ofthe parcel.2. Involve the use of mechanical equipment
or storage of material and/or supplies on trucks
in amounts not recognized as part of reasonable household use.3. Involve the use of services at
the premises of non-occupants of the dwelling in any manner;provided, however, that deliveries made
by bona fide delivery firms shall be permitted, as long as such deliveries are in amounts
or performed
in a manner recognized as part of a reasonable household use.4. Have the premises
or adjacent public right-of-way serve as an assembly point for non-occupants,
including serving as a location from which
such non-occupants are dispatched to off-site locations.5. Significantly increase the off-street parking load.
6. Involve the storage or use of flammable substances as defined by the Uniform Fire Code, Section 15.101
et. seq., or hazardous chemicals as defined by the Uniform Fire Code, Section 19.101, et. seq.
7. Involve the sale of firearms or ammunition except to those set forth in California Penal Code
Section 12078. Records shall be kept
for a minimum of
one year on the sales of firearms.Information on these records shall include:a. Date of purchase.b.
Name,
address, phone number, driver's license number and
c. Brand name, model number and serial number of firearm purchased.
8. Involve the sale, preparation, or storage of food or food products. (Ords. 12-95; 3-93;
4-87; 17-84;15-80; 12-80; 35-79; 43-69; 15-69: Prior Codes 17.
10.030, 17.26.010 and 17.04.290)J. Large-Family Day Care
Homes. Large-Family Day Care Homes are subject to the following:I. The business shall be
operated in a single-family residence on property residentially zoned. 2. No other licensed large-family
day care home shall be located within six hundred (600) feet of the exterior property boundaries
of the proposed home. 3. The City Noise Ordinance in Chapter 8.24 shall be complied with
at all times, and hours of outdoor play activities shall only be permitted
between the hours of 8:00 A.M. to 8:00 P.
M.4. Two enclosed parking spaces shall be maintained for parking purposes only.
5. The facility shall be licensed by the State Department of Social Services.6. The
facility shall comply with State Fire Marshall standards for
large-family day care facilities.7. No signs advertising the business shall
be allowed.8. Compliance with all development standards for single-family residential structures is required.
9. A site plan identifying pedestrian access to and from loading area shall be submitted.
K. Moving an existing structure or building onto a building site from another
location. Such development requires minor site plan review approval by the
Community Development Director as described in Section 17.10.060 of this Title. (
Ord. 12-95)L. Multiple Family Dwelling. Apartments and other multiple family developments are
permitted in the R2 zone provided that project
density does not exceed the
residential development standard indicated on Table 17.14.070. (Ord. 12-95)M. Real Estate Office, Temporary.A temporary real
estate office shall be used only for the sale
of real estate in the same or adjacent development or subdivision in which the office is located.2.
The office may consist of a trailer, a housing unit, or a garage of a housing unit.3. If a garage
is used for a real estate office and other than standard garage doors are provided at the garage entrance,
a five thousand dollars ($5,000.00) cash bond shall be posted to ensure
the garage is later converted for parking purposes and a driveway leading to the garage is installed.4. A temporary
real estate office may be used for a period of time not to exceed one
year. Time extensions may be granted by the Community Development Director upon written request, but in no case
shall said office remain after all units in
the development are sold. (Ords. 8-
03; 3-03; 23-99; 12-95; 64-62: Prior Code 17.1O.030.
H)17.14.060 Conditional Use Regulations.A conditional use permit must be obtained pursuant to
the requirements outlined in Section 17.08.030.
In addition, the following special conditions shall be applied to specific
uses, marked with a plus (+) in Table 17.14.030.
A. Antennas, Wireless Communication. Wireless
communication antennas shall only be established in accordance with the provisions in Section 17.12.020.B.
Bed and Breakfast Inn.I. Only historic structures will qualifY for use as a bed and breakfast
inn. Historic significance shall be identified by prior listing in the City's historic
building survey, individual listing as a contributing structure within the Old Towne Historic District, or
by a Historic American Building Survey HABS: an evaluation of the building's
historic qualities prepared by an architect or other
2. An owner, manager, proprietor or caretaker of the property must reside on the subject premises at
all times.
3. No cooking facilities shall be permitted in any guest room.
4. Guest meals shall be served only to persons registered as overnight guests.
5. The structure shall be architecturally or historically significant as determined by the Design
Review Committee, in consultation with recognized architectural or historical authorities.
C. Commercial Nursery with Seasonal Sales.
1. No seasonal sale period shall exceed one consecutive thirty (30) day period during a calendar
year.
2. At least one portable chemical toilet facility shall be made available on the site at all times during
the sales period.
D. Family Day Care Home--Large (Seven to Twelve
Children).I. No other licensed and permitted large family day care home shall exist witllin three hundred (
300)feet of the exterior property boundaries of the proposed
facility.2. The Noise Ordinance of the Orange Municipal Code (Chapter 8.24) shall be complied with at
all times, and hours of outdoor play or activities shall only be permitted between the hours of8:00 A.
M.and 8:00 P.
M.3. Onsite garages and parking areas needed to meet the parking requirements of the zone shall not
be converted to any other
use.4. All owners of real property within one hundred (100) feet of the property boundaries of
the proposed use, as indicated on the last equalized assessment roll and the City Council, shall
be notified by the Zoning Administrator regarding the application not less than ten days prior to the
date on which the decision will be
made.5. No hearing on the application for a permit issued pursuant to this section shall be held before
a decision is made unless requested by the applicant or other affected person, in writing, prior to 3:
00 P.M. of the decision
date.6. The applicant or other affected person may appeal the decision on the application within
fifteen 15) days of the decision. Appeals shall be made in accordance with Section 17.08.
050.E. Planned Unit Developments. Planned Unit Developments shall be developed in accordance
with the requirements of Chapter 17.16 of this
Title.F. Senior Citizen Housing. Senior citizen housing shall be developed in accordance with
the requirements contained in Sections 17.14.270 through 17.14.330 of this
chapter.G. Tree or Shrub
Farm.I. Incidental wholesale sales are permitted; retail sales are not
permitted.2. The only accessory structure permitted in conjunction with a tree or shrub farm shall be
an equipment storage building, not exceeding two hundred (200) square feet and ten feet in
height.Greenhouses or shade structures used solely for the purpose of sheltering plants may be
permitted subject to minor site plan review. (Ords. 8-03; 10-99; 9-99; 24-96;
16-95; 12-95; 39-80: Prior Code 17.10, 17.10.030D, 17.10.040C, 17.1O.040F, 17.26.040A, 17.26.190,
17.32.040G, 17.32.190, 17.35,
17.66, 17.76.040,
17.76.040F)17.14.070 General Requirements.The development standards indicated in Table 17.14.070
shall apply to all primary structures in all residential zones. The footnotes and text
following the table clarify the standards as necessary.
Table 17.14.070
RESIDENTIAL DEVELOPMENT STANDARDS
IDi:tricl rUn;ts Minimum c-IMinimumIMinimum~ Minimum IMinimum Yard Setback Maximum Maximum
Minimum I', .,'LPeort Lot Area inlLot Area Lot Lot Depth lin Feet (b,h) Height Floor Area
Usable Sq. Ft. (x)IPer Unit in Frontage in in Feet
I .. "'--'
1" IF'" .~ (
Ft.-Stories) Ratio (0) Open
III tq. Ft. Feet(a)
IFront tdeRear, ~~~~~~;
r
I ~~~::age ~:~~~.
i~
q)
IRI-
S -~
S,OOo(v.I)IIWR G..,
I" I"~"I("'; c;!1~2'- 2 ~ased onF7S sf I ,
I I' IGar-20 r .-,
I
stories
bldg. .1
II , . II(v.2) '. .... .1 'M pad(
v.3.W)'.....1
I;--FIN~ 160(k) 11-~--i20IS(C) 20(d,e,O ~t~
r~;'(y) I(U) F IRI-
7 II 7,000 IN~--~--
iIOO
r;;--I'S(C) j'
20(
d,e,o~'. 21(u) FSOSf. '[I :, ..... Istones I .'r ,--!----'----
I-!"-~'----
r-~----, ,-'Is,
ooo !
N~
I '
60(
k)
1100120 IS(C)
120(
d,e,o 132'. - 21(u) 11,000 sf 1 I! 'I ,stones I I. I
11O,00:-----i~~IISO(~--II-I-~-~,I;-;-
iS(c~-120(d,e,
O
r:2' 2 '11(u) /1,000 Sf-;,.I i : I istori.f?~ .r r--I.-----, --
I I
r 112,000
IN~ ISO(
k)
1,100 120 !
s(c) i20(d,e,O ','32'. 21,(u) 11,000 sf I j I, ,stones I I I-- -----,-..---------- .-- ~-i--'---
I I RI-IS!I :IS,OOO IN~ I,SO(
k) !100 ;
20 IS(
c)
120(d,e,O ;
32' 21(U)
11,200 sf I ! ! I , : Istones I ... I r .-.-,----'-~~r-----.- ,.--~-, 1 ,----'IRI-20 h ]20,000 IN~ 1100(k) 1100 lio IS(
C)120(d,e,ol~
I:;
rieS 21(U) II,
SOO
sf 'I RI-
40 II
143,s60 ~~---!100(k)--~00 r~IS(C) -120(d,e,o ~'. 2[OAOFAR !2,000Sf i i . . :. ,I i Ii' !stones
I
r---.-i--i-----~f---.- --------------
I--------.---
r-----r------!--------!.--.
r---
i---'IRI-R!I !IOS,900 iN~ 100(k) 1100 :20 IS(c)
i20(d,e,O 132'. - 2
10AO FAR !2,
000
sf stones
I r---~--------.._-.!-.-----~.,--._-----'
r-m_~- '- ---.-.--.----.----:----.~-
i-----m--.-RI-S i i II I I RI-IO :1 I r jRI-12 !I iR2-6(s)6,000 :3,
000(
s)60(k)N/R IIS(z) IS(c)lO(d,e)R2-
7 ,(
s)7,000 ;3,SOO(s)
60(
k)I N/RIS ;S(
c)32' - 2 istories(
y)
0.
70
FAR
3S0
sauDit
10(d,
e)
32'
20.70
FAR i i3S0 sauDit jstories R2-S (s)S,OOO 4,000(s)60(k)IS 10(d,e)
2 ,0. 70 FAR 3S0 sauDit Istories Exhibit "c"
Del
Rio Dev.
Agreement 88 2004
I~I~~------I.~---.__._~--~ .
R-3 [(
1)17,0001(t) 70 100 I !
Interior
I Interior I
8,000 I 80 1
n. I . Comer Comer IR-
4~16'000
I I' . . ~:~~~or
I. ... I Comer
I'"' :1") -15(
z)5-(i.).... "~O. .--....132'..-
stories(
j)y)
i ! I
I';;)
CO ". ..stories(
j)y)
60 ~r~
fR
Interior r 70
Comer IF-
t I
245%:
8tOl)'
8tr
55%:slory
sir
2160%I
2-
250
sf/unil 1-J'"'"".'
I
I
1~~_==_!'
l()__~
e9~~r~~ent I 1(
1)
I I
r--
I(
n)
lO(z)
I,m)
efer to. 75% ofMH Section : Space
17.14.
260 200 sf
space(r)
Notes:a)
Lot
frontage is the distance between the side lot lines measured at the front setback line parallel with the
street property line.b) See
Section 17.14.090.c) The
following exceptions apply:I. Comer
and reverse comer lots shall have a minimum ten foot street side yard.2. Wherever
a garage opening faces onto a street, a minimum 20-foot side yard shall be provided.3.
When the main entrance to a building faces the side lot line, the entrance shall be located at least ten
feet from the property line.d)
Extensions into the required rear yard are permitted subject to the conditions stated in Section 17.
14.090.C.e)
Comer or reverse comer lots - extensions within five feet of the rear property line are permitted providing that
all requirements for usable open space are met.t) Where
the rear lot line abuts and is common to the boundary of a street, alley, or permanent open space, the
rear yard setback may be reduced by five feet. However, any garage opening onto a street shall be
set back a minimum of 20 feet.g) Building
height is the vertical distance from the average finished grade, as measured around the perimeter of
the structure five feet out from the exterior wall surface to the highest point of the structure, that
being the ridgeline of the roof or the top of the parapet wall on a flat roof. Chimneys and other
similar devices may exceed the height requirement. Greater height or additional stories for habitable space
may be permitted under Section 17.14.100.h) The
following provisions apply to garages:I. Regardless
of other setback requirements, garages which open into an abutting street require a minimum 20-
foot setback;2.
Garages which open onto an alley or private drive require 25-foot unobstructed back-up
area which may include alley
right-of-way;3. The City Council, upon recommendation by the Planning Commission, may allow
a minimum 10-foot front yard setback for side entry garages (garage door faces a side property
line and driveway access is from the front property line) under
the following conditions:Exhibit "c" Del Rio Dev.
i. The reduced setback is requested and approved as part of the application process for a tentative
tract map, planned unit development or planned community zoning, at the time of initial application
or as a modification prior to sale of any units;
ii. The access drive provides a 30-foot paved back-up area, as measured from the garage door
to the far side of
the driveway.i) The following
exceptions apply:I. Corner or reverse corner lots - minimum ten foot on street
side.2. Access to an interior court through side yard - minimum ten foot side yard.
3. Entrance to building faces the side lot line - minimum ten foot side yard.j)
When the development abuts an RI (single-family) zone, the maximum height of any building
within 70 feet (including streets and alleys) of the RI zone is one story or 20 feet, whichever is less
except as provided in 17.14.100.
k) Adjustments to minimum lot frontage requirements for cul-de-sac and knuckle lots
shall be considered part of the discretionary approval of
the subdivision.I) The minimum distance between a mobile home and another mobile home shall be ten
feet from side to side, eight feet from side to front or rear, and six feet from rear to rear, or front to
front, or front to rear. Mobile homes shall be located a minimum of three feet from all lot lines, except
that no setback is required when a lot line borders an interior roadway. The minimum distance
between a mobile home and a permanent building shall be ten feet, except for mobile home
parks established prior to September 15, 1961, the distance shall be
six feet.m) Eave overhangs and other similar projections may extend into the required setback
area provided that a minimum of six feet separation is maintained between the edge of the projection
and an adjacent mobile home, an accessory structure or its projection. Any projection is required to
have a minimum three foot setback from any lot line not bordering a roadway, and any projection
may be built up to a property line bordering
a roadway.Carport awnings may be erected up to a property line provided the construction material
is non-combustible, and that there is a minimum three foot separation provided from a mobile home
or any other structure on the
adjacent lot.Awnings attached to a mobile home shall not exceed 12 feet in width. Detached awning's
width and length are not regulated except by
lot coverage.n) The maximum density allowed is ten mobile home spaces per net acre, excluding
public streets.One mobile home is allowed per mobile home space, except two or more mobile home units
may be combined to create a
single residence.0) The floor area ratio (FAR) calculation is the building square footage divided by lot
area. Building square footage shall include all structures on a lot, including garages and accessory
structures, unless otherwise provided in
this code.p) Lot coverage shall include the area devoted to the principal and accessory
structures, patios enclosed on three sides, garages, and
covered parking.q) See Section 17.14.110 for specific usable open
space standards.r) The minimum open space requirement shall be in addition to all access drives,
laundry, office,parking, storage, and mobile home yard area requirements. Such area may be in one
or more locations and shall be readily accessible to all residents of the mobile
home park.s) Two or more units are permitted on a lot depending upon the area of the lot and the
ability to comply with other zoning requirements. Two units may be constructed upon any legally
created lot,even if less than the minimum lot size permitted under this Title, subject to compliance
with all development standards (other than minimum lot area
per unit).Exhibit "C" Del Rio Dev. Agreement
t) The permitted density range shall be as indicated on the General Plan Land Use Policy Map. The
actual yield shall be dependent upon lot area and other zoning requirements.
u) Floor area ratio (FAR) shall vary according to lot area as follows:
I Lot Are;:~ square-I Maximum
FAR I <10,000 .
r--__-
0.60
In 10,000--39,999 ]
I.l >40,
0001
I
i 0.
50
i
IJ0.
40 v) The following standards shall apply to the RI-5 zone. In addition, all policies identified
in Goal 11.0 of the East Orange General Plan, Land Use Element, adopted 12-19-89, shall
apply to all RI-5 zones
tlrroughout the City as well.v. I) Lot Area. A 5,000 square foot average lot area is permitted within
builder tracts, subject to a conditional use
permit and the following criteria:No lots less
than 4,500 square feet.2. Any lots less than 5,000 square feet are to be distributed throughout the
project, with no more
than three such lots adjoining.3. No more than 35 percent oftotallots in tract are to be less
than 5,000 square feet.4. The minimum pad size within the RI-5 category shall be 4,
500 square feet. Deviations from the minimum standard may be considered where multi-
level pads or other hillside adaptive grading techniques are utilized, subject
to approval of
a conditional use
permit.v.2) Setbacks.Front Yard Setbacks i. Garages. Driveways shall be a minimum of 20 feet measured
from back of sidewalk or back of curb if there is no sidewalk. Driveway lengths less than ten
feet may be permitted in limited numbers by conditional use permit, as provided in Policy 11.5(b) of
the
East Orange General Plan, Land Use Element.ii. The minimum setback for any residential unit shall be 15 feet
from back of sidewalk or back of curb if there is no sidewalk. The second story of each residential
unit shall vary the setback from 15 to 25 feet, measured from back of sidewalk or back
of curb if there
is no sidewalk.2. Rear Yard Setbacks i. The first story of a residential unit shall be set back a minimum
of 15 feet from the property line provided that 50 percent of the unit shall be set
back 20 feet from the property line.ii. The second story of a residential unit shall vary the setback from
15
to 25 feet from the property line.iii. Where flat building pads are created on individual lots,
the minimum usable rear yard area shall be 875 square feet as measured from edge of pad. Usable
rear yards smaller than 875 square feet may be permitted, subject
to approval of a conditional use permit.3. Side Yard Setbacks. The minimum distance between buildings
shall be ten feet. Open lattice patio covers maybe constructed within sideyards subject
to requirements of the Uniform Building Code.Exhibit "
v.3) Floor Area Ratio. RI-5 housing, excluding two car garages, shall not exceed maximum FAR
of 0.55 and an average FAR of 0.5 based on pad
size.w) Definition of pad contains the following
criteria:I. The relatively flat buildable portion of a lot, not exceeding a five percent grade, created with
the original
subdivision.2. Retaining walls used to increase pad size shall not exceed three feet in overall height as
measured from top of wall's foundation to top of
wall.x) Minimum lot area in square feet shall be subject to Section 17.14.
080.y) Projects within the Old Towne District shall relate and be visually compatible with
existing structures in the project vicinity. Therefore, height of new infill and building additions shall be
as specified in the Old Towne
Standards.z) All buildings located within the Old Towne residential quadrants shall have a minimum
front yard setback of 20 feet. (Ords. 12-95; 12-87; 20-82; 19-79; 44-73:
PriorCodes 17.
66.090 and 17.34.090)17.
14.080 Building Lot Area Requirements.Table 17.14.070 indicates the minimum building lot area
for individual lots. The following portions of a lot shall not be included
in the minimum building
lot calculation:A. Access easements; or B. That portion of a panhandle or flag-shaped lot that is used
for access purposes and is less
than forty (40) feet in width; or C. Any portion of a lot entirely separated from a larger
building lot area by an access easement.Ords. 12-95; 12-87; 20-82; 19-79; 18-76; 44-
73; 400: Prior Codes
17.66.090, 17.34.
090, 17.32.130,and 17.04.130)17.14.090 Yard Requirements.Yards
shall provide for light and air, pedestrian and vehicular circulation,
emergency access, and general aesthetic improvements. The following requirements shall apply to yards:A. Front
Yard Calculation. The front yard shall be measured from the ultimate right-of-way line,with the
ultimate width of the street being determined by the Master
Plan of Arterial Streets and subsequent width modifications as defined by adopted precise street plans.B. Side
Yard Calculation. Side yard setbacks shall be measured from the side property line, or on
corner properties from
the ultimate right-of-way line, and shall be provided as indicated in Table 17.14.070.
C. Rear Yard Calculation. Rear yard setbacks shall be measured from the rear property line and shall be
provided as indicated in Table 17.14.070. In the RI districts, buildings may extend into
the required rear yard setback as follows, provided that all requirements for usable open
space are met.I. One-Story Structure. A single-story structure may
extend into the required rear yard setback provided a minimum ten foot setback from rear property
line is maintained.2. Two-Story Structure. A two-story living area, second story deck or balcony may extend into
the required rear yard setback no closer
than ten feet from the rear property line only if the yard abuts a street, alley, or
permanent open space area.3. Covered Patios. Covered patios, at grade and unenclosed on at
least two sides, may project into the rear yard setback area, no closer than ten feet
from the rear propcrty line.D. Structures and
E. Paving in Front Yard Areas. In addition to the provIsIOns of Section 17.l2.040.D and E.
requiring landscaping of front yard setback areas), no more than sixty (60) percent of the front yard
area of a residentially developed property, which includes the entire width of the property that is
located between the residence and the street right-of-way, may be covered with paved
surfaces (such as concrete, asphalt, brick, paving stones, etc.) A variance from this provision shall be
subject to review and approval of the
Zoning Administrator.F. StoragelParking in Front Yard. Storage is prohibited within the front yard setback area.
Parking of motor vehicles other than recreation vehicles within the front yard is permitted only on
a paved driveway leading to a garage
or carport.G. Recreational Vehicle Parking/Storage. Recreational vehicles may be parked/stored in
any yard area except within any required front yard setback area, subject to the
following provisions:I. The recreational vehicle shall not exceed eleven (II) feet in height or thirty-six (36)
feet in length.2. The recreational vehicle shall be screened by a view obstructing fence of minimum
height six feet.Ords. 13-98; 12-95; 47-83; 10-83; 20-82;
6-80; 45-66; 70-65; 20-62; 57-60; 33-59; 400: Prior Codes 260, 490, 500, 510, 17.04.140, 17.
04.260, 17.10.150, 17.10.
160, 17.30.070, 17.32.
160,17.72.060 and 17.76.120)17.14.100 Greater Height Permitted.Greater height
than the height limit established for a district or additional height and stories for habitable space in
the R-3 and R-4 districts, may be considered by a
Conditional Use Permit before the Planning Commission. In reviewing such a request, the Commission shall consider:A.
Siting buildings or structures so
as to achieve greater usable open space area than could be achieved with two story construction.
B. Siting buildings or structures
so as to consider shadows, solar orientation, and noise impacts, as well as respecting the terrain.
C. Designing and/
or screening all roof-top mechanical and electrical equipment as an integral part of the
building design.D. Illustrating a design compatibility with both the existing and desired character of the surrounding
area and uses. (Ords. 12-95; 1-
91; 2-86; 20-82: Prior Codes 17.72.010 and 17.74.010)17.14.
110 Usable Open Space Required.All residential developments in the R-I, R-2, R-3 and
R-4 zone districts shall provide a landscaped,unified, and
usable open recreational and leisure area as indicated in Table 17.14.070. The following standards shall
apply to the requirements for usable open space:A. Usable Open Space Defined. Usable open space, for the
purpose of this section, shall
mean an open area or an indoor or outdoor recreational facility which is designed
and intended to be used for outdoor living and/or recreation.Usable open space shall
not include any portion of off-street parking spaces,
streets, driveways,turnaround areas, required
front setback area and
slope areas exceeding five percent (20: I gradient)and shall have a minimum dimension as specified
below.B. Usable Open
Space Requirements.I. Private Open Space.a. R-I Zone Districts - Minimum usable open space shall be provided
outdoors as required by Section 17.14.070.b. In multi-family developments (R-2, R-3, R-4),
each unit shall be provided with at least
yard or patio, a deck or balcony. In order to count toward the open space requirement, a yard area, or
uncovered deck or patio shall have a minimum width and length of ten feet, and the minimum
dimension of a balcony (both width and depth) shall be seven feet.
In the R-3 and R-4 districts all such private open space may be counted up to a total of
one-third of the required usable open space specified in Table 17.14.070. In the R-2 district,
up to one hundred 100) percent of the usable open space specified in Table 17.14.070 may be
provided
as private open space.
2. Common Open Space.a. General. All common open space shall be conveniently located and accessible
to all dwelling units on the site. In projects containing fewer than ten units, the common open
space shall have a minimum width and depth of ten feet. In projects containing ten or more
units, the minimum width and depth shall
be twenty (20) feet.An area of usable common open space shall not exceed an average grade of
five percent (20: I gradient). The area may include landscaping, walks, recreational
facilities, and small decorative objects such as artwork and fountains. Open space which does not meet
the above requirements but provides visual relief, such as landscaped slopes, may be counted on a one
to three basis (three square feet of slope = one square foot of open space), up to one-third
of the requirement, in meeting the usable common open space requirements. Water-oriented
visual amenities such as lakes and streams may be counted on a one-for-one basis but
shall be included
in the one-
third limitation for usable open space.b. Recreation AmenitieslFacilities.i. For projects containing ten or more
units, one common recreational amenity shall be provided for each twenty-five (25) units or fraction
thereof. A mix of recreational
amenities shall be provided for projects exceeding twenty-five (25) units.ii.
The following listed amenities satisfY the above recreational facilities requirements. Recognizing that certain facilities serve more people
than others, have a wider interest or appeal, and/or occupy more area, specified items may be counted
as two amenities as noted. In all cases, each square foot ofland area devoted to a recreational amenity shall
be credited as
usable open space on
a I: I basis.a) Clubhouse (
two)b) Swimming pool (two)c)
Tennis court (one per court)d)
Basketball court (one
per court)e) Racquetball court (
one per
court)f)
Weightlifting facility g) Children's
playground equipment h) Sauna i) Jacuzzi j) Day Care facility (two)k)
Other recreational amenity/facility deemed adequate
by the Community Development Director.Ords. 12-95: Prior Code 17.52)c. Pedestrian Paths. There
shall be a system of pedestrian pathways connecting all dwelling
units or dwelling groups to common usable open
17.14.120 Distance Between Dwellings and Other Principal Structures.
Distance between dwellings are required in order to provide adequate light and air and privacy. The
provisions outlined in Table 17.14.120 shall apply, as well as specific provisions found in building
and fire codes.
Table 17.14.120
REQUIRED DISTANCES BETWEEN BUILDINGS
Minimum Required Distance Between Principal Structures on the Same Lot (a)
N/A
I Minimum Distance
I Between Principal and
Accessory Structure
I
IN u.m b e.ro f 'I..F. r.ontlA.ny
Structures Other
u . . . Building Wall
ne ~
ITwotoFour~~ I .8feet I 6feet ..1
I F' .~
5 feet from ~iew allowing windows in ;--6. "~t --IIlyeor ..; lee
I M
1 structure to facmg windows m any I i
lore d" 15'" . . .a Jacent structure. leet mInImUm i :
I between solid facing walls, or when i !
windows are located on only one i
lacing wall.
All Other
Configurations
6 feet
NOTE: (a) For obliquely aligned buildings, the required distance between two principal structures
may be decreased by up to five feet if the distance at the opposite corner is increased by an equal or
greater distance. (Ords. 12-95; 20-82; 5-80; 18-76; 17-76: Prior Codes 17.
26.170; 17.28.040,17.
30.110; 17.32.170)17.14.130 Minimum Floor Area
in R-3 and R-4 Districts.The
minimum floor area shall be as
follows:A. Studio Units. 550 square feet.B. Bachelor
and One Bedroom Units. 600 square feet.C. Units Having More Than One Bedroom. 600 square feet
plus 150 square feet for each additional bedroom. (Ords.
12-95; 20-82: Prior Code 17.32.180)17.14.
140 Minimum Storage Area in R-3 and
R-4 Districts.Secured tenant storage shall be provided as follows:A. Each unit shall be provided with a unified
storage area or module, at least 120 cubic feet in size.S. Such storage area must be in
addition to cabinets and closets typically found within a unit (such
as kitchen and bathroom cabinets, clothes and linen
17.14.150 Corner Cut-Off
Required.Corner cut-off shall be provided at all intersecting streets, driveways, or alleys. Nothing
shall be placed or allowed to grow within the corner cutoff in such a manner as to impede
visibility. Figure 17.14.150 illustrates restrictions applicable to corner cut-off areas. However, this
provision shall not be construed to require a property owner to remove landscaping, fencing or other
materials from a corner area if a driveway on an adjacent parcel is constructed subsequent to the
placement of such materials within the comer
area. (Ord. 12-95)Figun~
17.
1,.j;.150
w
LOT
LINE'
i
I
I c~<1-~&
w
e\..
ITlJy.
NG
X'
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2'c rI I ' 2<' .\
ST?
EET CR ALLEY r.l\@Ht~f:;~ No ot5t.-~ctionh:gr.e:- l'1~:l 42 i"c;,es is j)
erm:tiec i NoobS:f'JCi:,y, h:g:18( thnn t.:z in;:;h:t:; IS pe:-
rr:ittud.t~~~;;; _ The lC0{;tl y at tb} s:,je of cc:ncr CJ;\-O::
lr\.dtlgle hati De cet~rm;;Kxl by cistar;Cr~ .X' as
fol!e.....::;:
D1STA..\
jCE~^
o
1
2
3 I
DISTANCE ~
y-
10
9
S
7 6
5
5
3
2
1
o
6
7
8
9
1C J-;')Exhibit "C" Del Rio Dev. Agreement
17.14.160 Attached Accessory Structures or Garages.
Where a garage or accessory structure is attached to and made a part of the principal structure, at
least fifty (50) percent of the length of one of the walls of the accessory structure or garage shall be
an integral part of the principal structure, and the garage or accessory structure shall comply in all
respects with the requirements of this title applicable to a principal structure.
Residential garages shall be designed and constructed to accommodate motor vehicles typically
associated with household use. Residential garage doors exceeding eight feet in height may be
permitted only upon approval of a minor site plan review in accordance with Section 17.10.060 of
this title. (Ords. 6-00; Ord.
12-95)17.14.170 Detached Accessory Structures
or Garages.A. Principal Structure Required. Accessory structures shall only be permitted with
a permissible principal structure on the same or an adjacent lot under the
same ownership.B. Setbacks. The setback requirements outlined in Table 17 .14.170(B)
shall apply.C. Height. Height requirements for accessory structures shall be the same as for
principal structures,except as provided in Table 17.14.
170(B).D. Square Footage Limitation. The total square footage of all accessory stmctures on a lot
shall not exceed fifty (50) percent of the square footage of the
principal structure.E. Interior Plumbing. Interior plumbing facilities are permitted in accessory structures only
under the
following circumstances:1. Any accessory structure less than one hundred fifty (I50) gross square feet in size may
contain a half-bath (one toilet
and one sink).2. An accessory structure with an unfinished interior, such as a workshop or garage,
may contain
a utility sink.3. Additional interior plumbing facilities may be permitted only upon issuance of
a
conditional use permit.F. Garage Doors. Residential garages shall be designed and constructed
to accommodate motor vehicles typically associated with household use. Residential garage doors exceeding
eight feet in height may be permitted only upon approval of a minor site plan review in
accordance with Section 17.10.060
of this title.Table 17.
14.170.
B SETBACK REQUIREMENTS Detached Accessory Structures
and
Garages (
a)Zoue
I-----..-.-~------_._----IMinimum
i i Minimum Street i
Distance!Minimuml Minimum i Side Yard i
from I Front I Interior iSetback of Corner I
Principal I Yard i Side Yard I or Reverse .iStructure
I Setback I Setback ! Corner Lot (in i~!
c~t)o
iJ!~r;~~L:=(ill,!e~t)_ ~____ f~t) =__ ._.. _. _6
20 () (c,d,e,t) 10 Minimum
Rear
Yard Setback
iiIl!
ee!)..===o (
b,c,d,e,t)R1-6 through
R-
I-R Exhibit "C" Del Rio Dev. Agreement
R2-6
through
R2-8 IR~3
and
R-4 6--I---20---
r~;d:;'f)T-- 10 6 IW____[O(c,
d,e,f)I
10
I I 0 (b,c,d,e,t)
1 J ..
1 L 0 (b,c,d,e,
fL~
NOTES:a) In all cases, detached garages and carports which open onto an abutting street shall be set back
a minimum of twenty (20) feet from the property
line.b) The accessory structure may abut the rear lot line only if it is not intended for habitation (
interior is unfinished, such as a garage, workshop, storage shed, etc.) and the accessory structure
and permitted extensions of the primary structure do not cover more than forty (40) percent of
the required rear yard area. Also, a minimum five-foot rear yard setback is required for comer
or reverse
corner lot.c) No eave, projection or overhang shall extend over a
property line.d) Precautionary measures shall be taken to ensure runoff is deflected away from side
and rear
property lines.e) Building height shall not exceed ten feet for that portion of the accessory structure
that occurs within the side or rear setback areas, as defined for
principal structures.t) Any accessory structure intended for habitation (having a finished interior,
insulated ceiling and/or walls, and which can be temperature controlled, such as a guest room, recreation
room, office,etc.) shall conform to the setback requirements for a
principal building.Ords. 8-03;
6-00; 13-98; 12-95)
17.14.180 Fences and Walls.Fences and walls shall be permitted In all residential
zone
districts subject to the following regulations:A. Side and Rear Yards - Standard Lot. Fences and walls located in the
side and rear yards of standard lots shall be limited in height to six feet, as measured from
the highest elevation of land contiguous to the fence, and ten feet as measured from the lowest
elevation contiguous to
the fence,whichever is less.B. Front Yard - Standard Lot. In the required front yard area, the height shall be
limited
to three and one-halffeet.C. Corner, Reverse Corner and Key Lots. For corner, reverse corner, and
key lots, fence and wall heights shall be limited as indicated on
Figure 17.14.180(C).D. Location. All perimeter fences and walls shall be constructed on
the property line unless a different location is permitted by the Community Development Director.
No parallel wall or fence shall be constructed less than five feet from an existing wall or
fence, unless approved
by the Community Development Director.E. Tract Fencing. Fences and walls adjacent to public streets,
surrounding residential tracts, shall be constructed by the developer and maintained in a safe structural
condition by the homeowner's association, or by each individual home owner on whose property the fence or
wall is located if no homeowner's association exists. Periodic repair or maintenance of any section
of the fence or wall shall be done in a manner that matches the original design and
appearance. The intent ofthis section is to ensure that the fence or wall maintains a consistent appearance
around the entire perimeter of the tract, and is not intended to preclude repainting, replastering or
such other maintenance as may be required, provided such treatment is applied to
the entire fence or wall.Exhibit "c" Del
F. Materials. Barbed wire and concertina wire are not permitted, except at public utility structures.
Ords. 13-98; 12-95; 20-82; 77-64: Prior Codes 17.72.090
and 17.74.040)Figtlr<
17.
14.18lJ.C r---'EQUF~
D FACNT I I
oK) SSEW><
I
1 i:
I Ill)."
z ~
I BIlL""" I J
w: I '"
I.. '1""""""-.0-1= : L I : t: ~ '1)..
RD
seJB,/lCK STftEE'T 00 Jill.E1' fYUEWAY
c=:J L..=.J Fence helght e
feet maximum t....nl Fence height 42
inches mIDimum
1;;
r~~'T
0:: \-.o. ~
M;..IN 16
w: 2: 9lJl.DNG
w. -a: ~
I ;So '
l~D FRO-IT t) : : ~ 'rAAD
SEl" s;.Q(L____ ..............1
R~
00 ALLEY \L ~'ER
OJT PJ:.:Ov.sa~GARAOCI I
I
I
17.
14.
190
Swimming Pools.A swimming pool
or spa may be placed anywhere on a lot except in the required front yard setback,subject to the
following:A. Fencing. A
fence or wall not less than five feet in height, as measured from outside the pool area,shall be provided
around the pool or spa. The fence or wall shall enclose the pool or spa completely and shall be
designed to prevent unauthorized access. If a wrought iron fence is provided, the openings in the
fence shall not be wider than four inches.B. Gates and
Latches. All gates or doors within the fence or wall shall be kept securely closed at all times when not
in use. The gate or door shall be equipped with a self-closing and self-latching device
which enables the gate or door to be securely closed. Latches shall be placed a minimum of five
feet above the ground.C.
Emergency Access. A clear path at least three feet wide shall be provided around the entire pool or
spa to allow for emergency access. For properties containing two or fewer units, a clear path shall be
provided around fifty (50) percent or more ofthe pool perimeter.D.
Above Grade Pools or Spas. All above grade pools or spas and associated elevated decking shall maintain
a minimum setback of three feet from any property line. (Ords. 12-95; 49-79; 5-
78; PriorCode 15.44.020, 15.
44.040)17.14.
200 Parking.Parking requirements and standards are specified in Chapter 17.34 of this title. (
Ord. 12-95)17.
14.210 Landscaping.Exhibit "C" Del Rio Dev.
Landscaping shall be provided as required by Orange Municipal Code Chapter 16.50 (Landscaping
Requirements). (Ord. 12-
95)17.14.220
Signs.All signs shall comply witll the requirements outlined in Chapter17.36 of this title. (Ord.
12-95)17.14.230
Trash Enclosures.All multiple-family residential and mobile home park developments comprised of four
or more units shall provide trash collection areas adequately and conveniently placed
throughout the development.Trash collection areas shall be screened from view on three sides by a six foot high
wall. A visually opaque gate shall be provided. (Ords. 12-95; 20-82:
Prior Code 17.74.110)17.14.
240 Screening of Mechanical Equipment.All mechanical equipment including, but not limited to, air
conditioning units and pool equipment shall be acoustically shielded and architecturally screened from
view from adjacent streets and adjacent properties. Ground mounted mechanical equipment screening shall
consist of a solid wall,solid fence, or sufficient landscaping. Otherwise, such equipment
shall be enclosed within a building. Solar panels shall be placed in a manner that minimizes
their visibility from the adjacent street to the extent that their efficiency is not unreasonably diminished,
and integrated into the design of the structure when building mounted. (
Ords. 13-98; 12-95; 15.12)
17.14.
250 Old Towne Design Standards.Not applicable.17.14.260
Additional Development
Standards for Mobile Home Parks.Not applicable.17.
14.270 Senior Citizen Housing--Purpose and Intent.This section establishes the
requirements and the review procedure for housing developments designed to accommodate senior citizens.
This section also presents State mandated incentives to encourage the development of senior citizen housing
as well as incentives estiIblished by the City.
Ords. 12-95; 28-
87: Prior Code 17.35.010)17.14.280 Definitions.A. SENIOR CITIZEN or
QUALIFYING RESIDENT. For the purposes of these provisions, a senior citizen is considered any person sixty-two (62)
years of age or older, or for persons residing in a senior citizen housing development
consisting of at least one hundred fifty (
150) units, any person fifty-five (55) years of age or older.
B. SENIOR CITIZEN HOUSING DEVELOPMENT. Residential projects, where at least fifty (50)percent of the units are
designed to meet the physical and social needs of senior citizens. Senior citizen housing includes, but
is not limited to senior citizen's apartments, and Room and Board facilities, but does
not include
those facilities providing medical care, or "care and supervision" as
defined below.C. SENIOR CITIZEN APARTMENT PROJECT. A residential apartment project, developed according to the standards contained in
this chapter where at least fifty (50) percent of the units are designated for senior
citizens and contain facilities for independent living and
resident of each designated apartment unit must be a senior citizen as defined above, with the
exception of the resident manager, if any.
D. ROOM AND BOARD FACILITY. A facility where centralized kitchen and dining areas are
provided, and individual units do not have full kitchens. Services such as housekeeping, laundry and
full time staff supervision may also be offered, but medical care or "care and supervision" (as
defined below) is not provided.
E. CARE AND SUPERVISION. Those activities, which if provided, shall require the facility to be
licensed by the State. It involves assistance as needed with activities of daily living and the
assumption of varying degrees of responsibility for the safety and well being of residents. "Care and
Supervision" shall include:
I. Assistance in dressing, grooming and other personal hygiene;
2. Assistance with taking medication;
3. Central storing and distribution of medications;
4. Arrangement of and assistance with medical and dental care. This may include transportation.
NOTE: Any facility providing care and supervision shall be considered, for the purpose of zoning, as
a rest home or convalescent hospital, and shall not be governed by the provisions of this chapter.
Development of such a facility shall be in accordance with all conditions and standards of the zone
in which the use is permitted.
F. RESIDENTIAL CARE FACILITY FOR THE ELDERLY. A housing arrangement chosen
voluntarily by the residents, or the resident's guardian, conservator or other responsible person,
where seventy-five (75) percent of the residents are at least sixty-two (62) years of age,
or, if younger, have needs compatible with other residents, and where varying levels of
care and supervision are provided, as agreed to at time of admission or as determined necessary
at subsequent times
or reappraisal.Such a facility requires State licensing, and is not governed by the provisions of this
chapter, except as provided in Section 17.
14.030.G. INTERMEDIATE CARE FACILITY. Similar to Residential Care Facility for the
Elderly, but greater levels of care and supervision are provided, including up to forty (40) hours of
nursing care per week. Such a facility requires State licensing and is not governed by the provisions
of this chapter, except as provided in Section 17.
14.030.H. SKILLED NURSING FACILITY. Residential facility in which skilled nursing
care and supervision is provided. Such a facility requires State licensing and is not governed by
the provisions of this chapter, except as provided in Section 17.14.030. (Ords. 12-95; 28-87: Prior
Code 17.35.020)17.14.
290 General Development Requirements.A. Base Zoning District Applies. Unless otherwise indicated by the provisions
of this division, the development standards established for the base zoning district
shall apply as follows:l. Projects located in the R-3, CP and OP zones shall be subject to
the development
standards of the R-3 zone.2. Projects located in the R-4, CI, C2, C3 and C-
TR zones shall be subject to the development standards of the R-4
zone. (Ords. 12-95; 28-87: Prior Code 17.35.060)B. Parking Required. Off
street parking and circulation shall be provided in accordance with
Chapter 17.34. (Ords. 12-95; 28-87: Prior Code 17.35.100)C. Elevators Required.
Any building which has two or more stories shall be provided with elevators
for use by building residcnts. (Ords. 12-95;
17.14.300 State Incentives and Requirements.
The provisions of this section are in accordance with California Govemment Code Section 65915.
A. Eligibility. The incentives in this section shall apply when at least tifty (50) percent of the
dwelling units within a housing development are designated for senior households.
B. Development Incentives.
I. A twenty-five (25) percent density bonus shall be granted;
and 2. One additional incentive shall be granted, such as a reduction in the minimum floor area
required for each senior unit, or a reduction in the usable open space required, or an allowance for a
density bonus greater than twenty-five (
25) percent.C. Tenure Requirements. The senior units shall be reserved for a minimum of thirty (30)
years when a density bonus and an additional incentive is granted, and a minimum often years when
only either a density bonus, or an incentive is granted. (Ords. 14-00: Ords. 12-95; 28-87:
Prior Code 17.35.040)17.14.
310 Special Incentives and Requirements.The provisions of this section are intended to promote the construction
of housing that will be reserved for senior households in perpetuity, and that a percentage of
which will be reserved
as affordable to senior households.A. Eligibility. The special incentives in this section shall apply when at least
fifty (50) percent of the dwelling units within a housing development are designated for seniors, and
at least ten (10) percent of the senior units are provided for "very low income" households, or
twenty (20) percent of the senior units are provided for "
lower income" households. (
Ord. 12-95)B. Development Incentives.I. Density Bonus. At least a twenty-five (25) percent density
bonus shall be granted for projects that meet the minimum eligibility requirements. A
density bonus greater than twenty-five (25) percent may be granted if a higher percentage of
units within a housing development are designated for seniors and very low or lower income
households. (Ords. 12-95: Prior Code 17.35.050)2. Minimum Floor Area. The minimum floor area
of individual living units shall be as indicated in Table 17.14.310, unless
otherwise preempted by Federal
regulations. (Ords. 12-95;
28-87: Prior Code
17.35.090)
Table 17.14.310 MINIMUM FLOOR
AREA FOR SENIOR
CITIZEN UNITS iType
of
Unit [
Minimum
Floor
Are;!lin
Square Feet !rEffi~i~~~y
un_..
1450--~-~~~ni
iApartment
I IOne.'B';
d~
oom- r550-_n~~--
n--__n.
Unit .Two Bedroom :750 Unit Room and ;400
3. Recreation and Leisure Area Requirements. Common recreation and leisure areas shall be
provided as follows:
a. Twenty (20) Units or Fewer. In developments containing up to twenty (20) units, a unified,
landscaped common recreation and leisure area, conveniently located and readily accessible from all
dwelling units, shall be provided.
i. Total usable open space shall be provided at the ratio of at least one hundred fifty (150) square feet
per dwelling unit. Minimum dimensions shall be twenty (20) feet by twenty (20) feet.
ii. In developments where private patios or balconies are provided, up to fifty (50) square feet of
each private patio or balcony may be deducted from the recreational area requirement.
b. More Than Twenty (20) Units. In developments of more than twenty (20) units, at least one
indoor multi-purpose or recreation room shall be provided in addition to the open space
area required in Section 17.14.340.A above. The room shall have a minimum floor area of 1,000
square feet or five percent of the gross residential floor area, whichever is less. (Ords. 12-95;
28-87: Prior Code
17.35.110)4. Off-Street Parking and Circulation. Off-street parking and
circulation
shall be provided as follows:a. Number of Spaces. A minimum of one parking stall per dwelling
unit shall be provided, inclusive of guest parking. If more than 25 percent of the apartment units
contain two bedrooms, the Planning Commission will reevaluate the parking requirement through
the Conditional Use Permit process and may require
additional parking to be provided.b. Reduction in Spaces. The Planning Commission may
reduce the parking requirements where findings can be made that a less restrictive parking requirement is appropriate
due to the nature of the use (for example,
a facility for non-ambulatory residents).c. Type of Stalls. Parking stalls
may be either open or covered.d. Parking Lot Layout. The location, orientation, and overall design of
the parking lot shall be as required by
Chapter 17.34 of this
Title.e. Circulation and Access Requirements.i. All proposed points of vehicular access, vehicular circulation
to and from the off-street parking area, and driveway locations
shall be approved by tile City Engineer.ii. All private drives shall be constructed in accordance with
standards
on file in the Public Works Department.iii. A passenger drop-off area may be required
at a sidewalk
location immediately adjacent to the building main entrance.C. Tenure Requirements. All senior units and all affordable
senior units shall be reserved for the life of the project. (
Ords. 12-95; 28-87: Prior Code
17.35.040)17.14.320 Conditional Use Permit Required.All senior housing projects shall be
subject to the Conditional Use Permit review
process, and shall be subject to the following additional considerations:A. Proximity to Services. The
proposed project shall be reviewed for its proximity to necessary services
such as retail stores, banks, medical facilities, and transit stops.B. Compatibility with
Surrounding Development. All senior citizen housing shall be designed and located in a manner compatible with existing and
planned land uses in the area in terms of
density,scale, type of use, traffic circulation, and
C. Provision of Amenities. The provision of certain amenities shall be considered on a case-
by-case basis. Amenities such as the following should
be included:I. Porches, balconies, or window boxes for
each unit.2. Kitchen or kitchenette facilities provided in conjunction with common
recreational rooms.3. Additional common leisure area beyond the
minimum requirements.4. On-site services
and medical facilities.D. Adequacy of Health and Safety Features. The adequacy of the following
required features
shall be considered:I. Provision of safety features such as grab bars in showers and bath
tubs, hallway railings,emergency buzzers, intercom systems, and attended or unattended
locking building entries.2. The location and size of communal laundry rooms relative to tile number of units
in a senior citizen development. (Ords. 12-95; 28-87:
Prior Code 17.35.030)
17.14.330 Deed Restriction.All senior housing projects that utilize the incentiveslisted in Sections 17.14.300
and 17.14.310 shall be required to execute and record an agreement with the City which may
include, but is
not limited to, the following:
A. Identification of affordable units;B.
Initial rents to be charged;C. Methods used
to calculate periodic rental increase;D. Programs to be used to
monitor compliance with the agreement;E. Term for
which the agreement is operative;
F. Penalties for non-compliance; and G. Priority given to residents of the City of Orange. (Ords. 12-
95; 28-87: Prior Code 17.35.
040)17.14.340 Affordable Housing--Purpose and Intent.The purpose of this chapter is to
provide incentives to developers for the production oflower income housing units in order to meet the affordable
housing goals of the City's General Plan Housing Element. These provisions are based
upon Section 65915 of the California Govemment Code that requires local governments to adopt
provisions for the granting of density bonuses and additional concessions as incentives for
the development of affordable
housing. (Ords. 12-95;
11-93: Prior Code 17.37.010)17.14.350 Definitions.A. Affordable Units - Housing units, both single and
multiple family, to be rented or sold to lower orvery-
low income households, as set forth in Section 17.14.400.B. Area Median Income -
Median income figures published annually by the State Department of Housing and Community
Development (HCD), and are based upon annual income limits established
by the Federal Department of Housing and Urban Development (HUD).C. Density Bonus - An increase in the
proposed number of units over the number permitted pursuant to
the current general plan designation of the project site.D. Housing Development - One or more groups
of projects for residential units, planned as one project, such as projects planned under a specific
plan, or within a Planned Community (PC)
zone when defined by a single development plan.
E. Lower Income Households - Persons and families whose income does not exceed 80% of the area median
income, as adjusted for family size (Section 50079.5 of the California Health and Safety Code).
F.
Very Low Income Households - Persons and families whose income does not exceed 50% of the area median
income, as adjusted for household size (Section 50105 of the California Health and Safety Code). (
Ords. 12-95; 11-93: Prior Code 17.37.020)
17.14.360 Eligibility.
This Chapter shall apply to a qualifYing housing development, which is defined as the new
construction of rental or for-sale housing developments consisting of five or more dwelling
units,provided the zoning and general plan designations for the subject project site allow a minimum
of five, when at least ten percent of the units are provided for "very low income" households, or 20%
of the units are provided for "lower income" households. (Ords. 12-95; 11-93: Prior Code
17.37.030)17.14.
370 Development Incentives.Pursuant to Section 65915 of the California Govemment Code, the proponent
of a qualifYing housing development project shall be eligible for a density bonus of at least 25%
over the otherwise maximum allowable density permitted by the City's General Plan for the project
site and one additional incentive, unless the reviewing body makes a written finding
that additional concessions or incentives are not necessary for the project's affordability. The project proponent
may propose the particular incentive or concession desired, but the reviewing body shall detelmine
which incentive or concession is most appropriate considering the economic feasibility of the
development project, and impacts on the City's budget, public health, safety and welfare and surrounding
properties. At least one of the following incentives
may be requested:A. A reduction in one site development standard which exceeds minimum
State building code requirements such as, lot coverage, frontage, or depth, building setback or height, or
a substitution of covered parking for enclosed parking, public recreational amenities for
private open space;B. Allow for mixed use in conjunction with the housing development upon
properties zoned for commercial, office,
or industrial use;C. A regulatory incentive or concession resulting in identifiable cost reductions such
as a reduction,waiver or reimbursement of planning review fees, development fees, or building
plan check
and permit fees;D. Allow for a density bonus greater than 25% or more than one regulatory
incentive provided a higher percentage of units are
designated as affordable;E. Other incentives of equivalent financial value based upon the land cost per
dwelling unit. (Ords.12-95; 11-93:
Prior Code 17.37.040)
17.14.380 Application Procedure.All applicants/owners who are proposing to construct housing
developments eligible to utilize the provisions of this chapter are subject
to the following application procedures:A. Preliminary Application Required. A preliminary application
shall be submitted to the Community Development Department to include a site plan and
narrative description of the project.The description shall detail the general scope of the proposed
project, zoning and general plan designation of the property, and based upon the site constraints
and proposed housing product type,the maximum possible density permitted under the current zoning
and general plan designation, and when utilizing the provisions of this Chapter. When requesting the
City to modifY any developmcnt Exhibit "C" Del
standard as an incentive, the applicant/owner shall include in the narrative a detailed explanation as
to how the requested incentive is necessary to achieve the affordability goal of this Chapter. In
evaluating such preliminary applications, the City may require an independent appraisal and/or
financial analysis of the subject property with and without a density bonus, and with and without the
proposed concession or incentive of equivalent financial value to be performed by an appraiser or
financial analyst deemed acceptable by the Community Development Department and at the expense
of the applicant/owner. Pursuant to Section 65915 of the California Govemment Code, the City
shall, within 90 days of receipt of the site plan and written proposal, notifY the applicant/owner in
writing of the procedures which will apply to the review process.
B. Conditional Use Permit Required. Subsequent to the preliminary application process, a
conditional use permit application, in conjunction with any corresponding development applications
necessitated by the project, shall be submitted for review to the Community Development
Department. An evaluation using the criteria set forth by this Chapter and a recommendation shall be
forwarded to the Planning Commission. Final determination of the request shall be made by the
Planning Commission as provided for in Section 17.10.030, unless financial assistance is requested,
in which case the Planning Commission shall make a recommendation to the City Council, who shall
make the final determination. The reviewing body may place reasonable conditions on the granting
of a density bonus and any other incentives as proposed by the applicant. However, such conditions
must not have the effect, individually or cumulatively, of impairing the goal of Section 65915 of the
California Government Code, and this Chapter, to make the development of affordable housing for
very-low or lower income households economically feasible. (Ords. 12-95; 11-
93: Prior Code
17.37.060)17.14.
380 Application Procedure.All applicants/owners who are proposing to construct housing developments eligible
to utilize the provisions of this chapter are subject to the
following application procedures:A. Preliminary Application Required. A preliminary application shall be
submitted to the Community Development Department to include a site plan and narrative description
of the project.The description shall detail the general scope of the proposed project, zoning
and general plan designation of the property, and based upon the site constraints and proposed
housing product type,the maximum possible density permitted under the current zoning and general
plan designation, and when utilizing the provisions of this Chapter. When requesting the City to
modifY any development standard as an incentive, the applicant/owner shall include in the narrative a
detailed explanation as to how the requested incentive is necessary to achieve the affordability goal of
this Chapter. In evaluating such preliminary applications, the City may require an independent
appraisal and/or financial analysis of the subject property with and without a density bonus, and with
and without the proposed concession or incentive of equivalent financial value to be performed by
an appraiser or financial analyst deemed acceptable by the Community Development Department and
at the expense of the applicant/owner. Pursuant to Section 65915 of the California Govemment
Code, the City shall, within 90 days of receipt of the site plan and written proposal, notif)' the
applicant/owner in writing of the procedures which will apply to
the review process.B. Conditional Use Permit Required. Subsequent to the preliminary
application process, a conditional use permit application, in conjunction with any
corresponding development applications necessitated by the project, shall be submitted for review to
the Community Development Department. An evaluation using the criteria set forth by this Chapter and a
recommendation shall be forwarded to the Planning Commission. Final determination of thc request shall be
made by the Exhibit "C" Del Rio Dev.
Planning Commission as provided for in Section 17.10.030, unless financial assistance is requested,
in which case the Planning Commission shall make a recommendation to the City Council, who shall
make the final determination. The reviewing body may place reasonable conditions on the granting
of a density bonus and any other incentives as proposed by the applicant. However, such conditions
must not have the effect, individually or cumulatively, of impairing the goal of Section 65915 of the
California Govemment Code, and this Chapter, to make the development of affordable housing for
very-low or lower income households economically feasible. (Ords. 12-95; 11-
93: Prior Code
17.37.060)17.14.390 Affordable Unit Distribution
and Product Mix.Affordable units shall be distributed throughout the project and shall include a mixture
of unit types floor area, number of bedroomslbaths, etc.) and amenities representative of and
similar in character to the entire
project. (Ord. 12-95)17.
14.400 Affordability Agreement.The project proponent/owner shall agree to construct, operate and maintain
the required number of affordable units in accordance with a written agreement between the
applicant and the City,approved in form and content by the City Attorney, and recorded, as a
deed restriction, with the Orange County Recorder's Office, prior to the issuance of any building
permits for such eligible housing development. The agreement
shall include the following:A. Identification of Affordable Units. Units shall be identified by address
and legal description, type floor area, number of bedroomslbaths, etc.), and designated
household income category. The Agreement shall also identifY the total number of affordable units to market
rate units
within the development project.B. Terms of Affordability. Pursuant to Section 65915 of the
California Govemment Code, the affordable units shall be reserved for a minimum of 30 years when a density
bonus and an additional incentive or concession is granted, and a minimum often years when only either
a density bonus, or a concession is granted. Such reservation period shall begin on the date a
certificate of occupancy is granted
for the affordable units.C. Maximum Allowable
Rent or Sales
Price.1. Rental Projects.a. Determination of Rent. A maximum rent schedule shall be
submitted to the Community Development Department prior to the issuance of an occupancy permit for
the affordable units, and updated annually on the anniversary date of occupancy. Pursuant to
Section 65915, the maximum monthly rent to be charged for very-low income households cannot exceed 30%
of 50% of the area median income, and for lower income households, 30% of 60% of
the area median income,
as adjusted for family size.b. Deposit Amount. Total move-in costs for eligible
tenants occupying affordable units shall be limited to first month's rent plus a security/cleaning deposit not
to exceed one month's rent.c. "Upward Mobility" Allowance. When a tenant occupying
an affordable unit no longer qualifies under the income provisions, as defined in Section 17.14.
350 and verified through the monitoring program required as part of Affordability Agreement, that tenant
may then be charged market rate rent. If this occurs, any currently-vacant unit of similar typc
to the atTordable unit shall then be designated as an affordable unit, and the applicant/
owner shall immediately attempt to secure tenants in accordance with this Chapter. The applicant/owner is
required to maintain the total number
of affordable units identified in the Agreement.Exhibit "
d. Subletting of Rental Units. No subletting of designated affordable units shall be allowed unless
the following conditions are met:
i. Written permission is obtained from the applicant/owner and submitted to the Community
Development Department; and,
ii. The subletee qualifies as a very-low or lower income household and the combined income of
all potential tenants, adjusted for family size, does not exceed the income limits set forth in
Section 17.14.
350.iii. The rent collected shall not exceed the maximum monthly rent allowed to be charged as
specified in Section 17.14.400.
C.2. Ownership
Projects.a. Determination of Sales Price. A maximum sale price shall be submitted to and verified by
the Community Development Department for the initial and subsequent resale of affordable units
where very-low income or lower income households could qualifY for a fixed-rate
30-year mortgage for 90% of the purchase price under current conventional home mortgage
lending criteria and interest rates, or under the lending criteria and interest rates of a below-
market rate home mortgage lending program for which such household actually
qualifies and receives a loan.b. Sale Clause. The Affordability Agreement shall stipulate that when
the terms of affordability have expired on a dwelling unit that the City of Orange
and regional non-profit housing organizations shall have a first right of purchase option 60 days prior to the
unit being advertised on the market.c. Rental of For-Sale Units. Rental of designated affordable
for-sale units shall not be allowed unless the renter(s) qualifies as a very-low or lower income household
as set forth in Section 17.14.350, and the rentto be
charged is in accordance with 17.14.400.C.D. Monitoring of Compliance
to Agreement. Monitoring program shall include specifYing the party responsible for certifYing tenant incomes
and rent levels or sales price, maintaining the required number of affordable units and each
unit's property, and marketing and filling unit vacancies.E. Where a demonstrable need can be
shown in order to comply with affordable housing financing programs, in place of the
provisions required by subsections A (Identification of Affordable Units and C.l.c ("Upward Mobility" Allowance), the
project proponent/owner may propose, as part of the conditional use
permit application, alternative provisions for assuring compliance with the requirements for maintaining the affordability
of the specified number of units, which may be approved or denied by the Planning Commission
or City Council as part of the conditional use permit process. To approve such
alternative provisions the determining body shall make a finding based on substantial evidence in the
record of the hearing that the alternative provisions will reasonably assure the continued affordability of
the specified number
of units for the time prescribed in this Chapter.F. Disclosure of Project Approval. For
purposes of notice to third parties, the Agreement shall reference or delineate all conditions imposed upon
the project or any incentive by the final approval of the
project. (Ords. 12-95;
11-93: Prior Code 17.37.070)17.14.410 Findings.In addition to the
criteria used for consideration of conditional use permit applications, the reviewing body shall
make the
following findings when considering housing development projects that utilize this Chapter:A. The project provides
a
quality living environment for very low income and
B. The project fulfills a demand for affordable housing which is currently not provided for by the
existing housing stock.
C. The project conforms to the goals set forth in the General Plan Housing Element.
D. The project can be adequately serviced by the City and County water, sewer, and storm drain
systems, without significantly impacting the overall service or system.
E. The project will not have a significant adverse impact on traffic volumes and road capacities,
school enrollment, or recreational resources.
F. The density bonus and additional incentive(s) are necessary in order to achieve the affordability of
the units and will not impose an undue financial hardship on the City, or adversely impact public
health, safety and welfare and surrounding properties. (Ords. 12-95; 11-93: Prior Code 17.
37.080)17.14.
420 Enforcement.Violation of any provision of this Chapter or of any provision of the Affordable
Housing Agreement required under Section 17.14.400, shall be a misdemeanor with each day of the continuance
of the violation a separate offense, and shall be punishable by a fine not to exceed $500.
00 or imprisonment for not more than six months or by both such fine and imprisonment. (
Ords. 12-95;11-93: Prior
Code
17.37.090)
ILLUSTRATIVE DENSITY
BONUS CALCULATION I-~~T
I
Land UselMultiple
Family DesignationlResidential i r IMaximum Permitted
124 dwelling
units/
acre
Density
1 ,
m__________ ~____,i i
i ope~y Size_ _ _.12 acres_~____~~1 i
i "iMaximum Units at 148
units
IPermittedDensity
i :I
I IUnits Affordable toilO
units iTarget Households
I 1(20% for
lower- 'income
households)!48
x 1.20 = 9.6 or
10]
i---.-------------------:
i
Density
Bonus Units i 12 units @25%) [
48 x .25 =1 12]
Exhibit "
C" Del Rio Dev. Agreement 109 2004
Total Project
Units with plus
25%
48 base Units
12 density bonus units
Density
Bonus:
60 Total Units
50 units at market rate, 10 units at affordable rate)
Chapter 17.44 DEVELOPMENT AGREEMENTS
17.44.010 Authority and Scope.
17.44.020 Application Forms.
17.44.030 Fees.
17.44.040 Oualified Applicant.
17.44.050 Proposed Aereement.
17.44.060 Filine and Review of Application.
17.44.070 Notice of Intention.
17.44.080 Manner of Givine Notice.
17.44.090 Failure to Receive Notice.
17.44.100 Hearine and Recommendation of Plan nine Commission.
17.44.110 Recommendation of Ora nee Redevelopment Aeencv.
17.44.120 Hearine bv City Council.
17.44.130 Decision bv City Council.
17.44.140 Approval of Development Aereement.
17.44.150 Recordation.
17.44.160 Amendment and Cancellation.
17.44.170 Periodic Review.
17.44.180 Modification or Termination.
17.44.190 Irreeularity in Proceedines.
17.44.200 Policy.
17.44.010 Authority and Scope.
This chapter is adopted pursuant to Govemment Code Section 65864, et. seq., as the same may now
exist or hereaftcr be amended. All development agreements entered into on or after the date of
approval of this chapter shall be processed in accordance with the provisions of this chapter. (Ords.
12-95; 40-88: Prior Code 17.
98.010)17.44.020
Application Forms.The Community Development Director shall prescribe the form of each application,
notice and documents provided for or required under this chapter for the preparation,
processing and implementation of development agreements. The application shall include as
separate documents Exhibit "C" Del Rio Dev. Agreement
and/or concurrent land use actions and supporting documents by reference, the following
information:
A. Duration of the agreement;
B. A legal description of all property affected by the agreement;
C. The permitted uses ofthe property;
D. The density or intensity of use of the property;
E. The maximum height and size of proposed buildings;
F. Provisions for reservation ofland dedication for public purposes;
G. Fiscal impact statement;
H. Phasing and project completion date;
1. Consistency with the General Plan and any applicable specific plan;
J. Site plans, elevations, and all other such pertinent information concerning and describing the
proposed project;
K. Specific public facilities that will be required to serve the project, and provision for financing
such facilities;
L. Name of legal entity with which the City would contract; identity of all joint ventures, limited
partners, or others witll whom the developer proposes to associate; and
M. Any additional information and supporting data as the Director considers necessary to process
the application. (Ords. 12-95; 40-88: Prior Code 17.
98.020)17.44.
030 Fees.The City Council shall establish, and from time to time amend by resolution, a schedule
of fees imposed for the filing and processing of each application and document required by this
chapter. The fee may be waived in whole or in part by the City Council. (Ords. 12-95;
40-88: Prior
Code17.98.030)17.
44.040 Qualified Applicant.An application for a development agreement may only be filed by a
person, or the authorized representative of such a person, who has a legal or equitable interest in
the real property located within the municipal boundaries of the City, or real property to be annexed to the
City of Orange, for which a development agreement is sought. Written evidence of such
title or authority shall accompany the application. (Ords. 12-95; 40-
88: Prior Code 17.98.
040)17.44.050 Proposed Agreement.Each application shall be accompanied by the
development agreement proposed by the applicant consistent in form with the City of Orange
Model Development Agreement incorporated herein by reference. (Ords. 12-
95; 40-88: Prior Code 17.98.050)
17.44.060 Filing and Review of Application.The Community Development Department shall endorse
on the application the date it is received.The application and proposed
development agreement shall be forwarded to the Community Development Director and a staff review
committee as designated by the City Manager. The Director and staff shall review
the application and determine the additional requirements necessary to complete the agreement. The Director may reject the
application if it is not completed in the manner required by this chapter. After
receiving the required information, the Director shall prepare a staff report. The staff report shall
analyze the proposed development and shall contain a recommendation as to whether or not the
development agreement proposed, or in an amended form,
would be consistent with the general plan or any applicable specific plan, and shall state what action
will be required for compliance with the California Environmental Quality Act, to the extent that it is
applicable. The staff report and the proposed development agreement shall be distributed to
members of the Planning Commission and the City Council. (Ords. 3-03; 12-95; 40-
88: Prior Code
17.98.060)17.44.070
Notice of Intention.Upon completion of the staff report requiredby Section 17.44.060, in addition to
any other notice required by law, the Director shall give notice of intention to consider adoption
of a development agreement. The
notice shall contain:A. The time and place of the public hearing before
the Planning Commission;B. A general explanation of the development agreement, including a general
description of the property proposed
to be developed;C. Other information that the Director considers necessary or desirable. (Ords.
12-95; 40-88:
Prior Code 17.98.070)17.44.
080 Manner of Giving Notice.All notice required by this Chapter shall be given in the manner provided in
Section 17.08.040, in accordance with Govemment Code Section 65867. (Ords. 12-95;
40-88: Prior Code 17.98.080)
17.44.090 Failure to Receive Notice.The failure to receive notice by any persons entitled thereto by law
or by this chapter does not affect the authority of the City to enter into a development
agreement or the validity of any such agreement. (Ords.
12-95; 40-88: Prior Code 17.98.090)
17.44.100 Hearing and Recommendation of Planning Commission.The Planning Commission shall hold a
public hearing on the proposed development agreement at tile time and place specified in the notice
of intention or in accordance with any continuance thereof granted by the Planning Commission
at the scheduled hearing. The Planning Commission shall make its recommendation to the City Council in
writing within 30 days of the public hearing. The recommendation
shall include whether or not the proposed development agreement:A. Is consistent with the objectives,
policies, general land uses, and programs specified in the General
Plan and any applicable specific plan or redevelopment plan;B. Is compatible with the uses authorized in the district
or
planning area in which the real property is located;C. Is in conformity with the public
necessity,
public convenience, general welfare, and good land use practices;D. Will be beneficial to the health, safety, and
general welfare consistent with the policy of the City withrespect to
development agreements as provided in Section 17.44.200;E. Will adversely affect the orderly development
of property in the
City. (Ords. 12-95; 40-88: Prior Code
17.98.100)17.44.110 Recommendation of Orange Redevelopment Agency.Any proposed development
agreement located within a redevelopment project area in the City shall be
reviewed by the Redevelopment Agency. The Redevelopment Agency shall make its recommendation to
the City Council, based upon whether the proposed
policies and purposes of the applicable rcdevelopment plan. The Redevelopment Agency shall not be
required to hold a public hearing, and its recommendation may be made either in writing or by oral
motion and the vote of the majority of the Agency members in voting. (Ords. 12-95; 40-
88: Prior Code 17.
98.110)17.44.120 Hearing by
City Council.After the recommendation of the Planning Commission (and Redevelopment Agency,
if applicable)or after the expiration of the time period specified inSection 17.44.100, the Director
shall give notice of a public hearing before the City Council in the manner provided for inSections 17.
44.070and 17.44.080. (Ords. 12-95; 40-88: Prior
Code 17.98.120)17.44.130
Decision by City Council.A. After it completes the public hearing and considers the recommendation, if
any, of the Planning Commission and, if applicable, the Redevelopment Agency, the City Council
may accept, modifY, or deny the proposed development agreement. It may, but need not, refer
the matters not previously considered by the Planning Commission during its hearing, back to
the Planning Commission, who shall not be required to hold a public hearing on matters referred back to it
by the City Council.B. The development agreement shall not be approved unless the City
Council finds that the development agreement is consistent with the General Plan and any
applicable specific plan or redevelopment plan. (Ords. 12-95; 40-
88: Prior Code 17.98.130)17.
44.140 Approval of Development Agreement.Approval of the development agreement shall be by the adoption
of an ordinance. Upon the approval of the Ordinance, the City shall enter into the development
agreement by the execution thereof by the Mayor. (Ords. 12-
95; 40-88: Prior
Code 17.98.140)17.44.150 Recordation.A. No later than ten days after the City enters
into the development agreement, the City Clerk shall record with the
County Recorder a copy of the development agreement.B. If the parties to the agreement or their successors in
interest amend or cancel the agreement, or if the City terminates or modifies the agreement for failure
of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk
shall cause notice of such action to be recorded with the County Recorder. (
Ords. 12-95; 40-88: Prior
Code 17.98.150)17.44.160 Amendment and Cancellation.A. Either the City or the applicant
or successor in interest thereto may propose an amendment or
cancellation in whole or in part of the development agreement.B. The procedure for proposing and approving
an amendment to or cancellation in whole or in part of the development agreement shall be
the
same as the procedure for entering into a development agreement.C. Except as provided for in Section 17.
44.180, the development agreement may only be amended or canceled in whole or in part by
the mutual consent of all parties to the
developmentagreement.Ords. 12-95;
40-88: Prior Code 17.98.160)17.44.170 Periodic Review.A. The City Council shall
review the development agreement at least every 12 months from the date the development
agreement is entered into until expiration of the
B. The Director shall give the applicant or successor in interest thereto at least 30 days advance
notice of the time at which the City Council will review the development agreement.
C. The City Council may refer the matter to the Planning Commission for further proceedings or for
a report and recommendation.
D. The applicant or successor in interest thereto shall demonstrate good faith compliance with the
terms of the development agreement. The burden of proof on this issue shall be on the applicant or
successor in interest.
E. If, as a result of such periodic review, the City Council finds and determines, on the basis of
substantial evidence, that the applicant or successor in interest thereto has not complied in good faith
with the terms or conditions of the development agreement, the City Council may commence
proceedings to enforce, modifY, or terminate the development agreement. (Ords. 12-95; 40-
88: Prior Code 17.
98.170)17.44.180 Modification
or Termination.A. If, upon a finding underSection 17.44.170.D, the City Council detelmines to
proceed with modification or termination of the development agreement, the City Council shall give notice
to the applicant or successor in interest thereto of its intention to do so. The notices
shall contain:1. The time and place of
the hearing;2. A statement as to whether or not the City Council proposes to modifY or
terminate the
development agreement;3. Any proposed modification to the
development agreement;4. Other information which the City Council considers necessary to inform the
applicant or successor in interest thereto of the nature of
the hearing.B. At the time set for the hearing on the modification or termination, the City Council may
refer the matter back to the Planning Commission for further proceedings or for report
and recommendation.The City Council may take such action as it deems necessary to protect the interests of the
City. The decision of the City Council shall be final and notice thereof shall be recorded as
prescribed inSection 17.44.150. (Ords. 12-95; 40-88: Prior
Code17.98.180)17.44.
190 Irregularity in Proceedings.No action, inaction, or recommendation regarding the proposed
development agreement shall be held void or invalid or be set aside by a court by reason of
any error, irregularity, informality,neglect, or omission as to any matter pertaining to the application,
notice, finding, record, hearing,report, recommendation, or any other matters of procedure whatsoever
unless after an examination of the entire record the court is of the opinion that the error complained of was
prejudicial and that a different result would have been probable if the error had not occurred or
existed. (Ords. 12-95; 40-88:
Prior Code 17.98.
190)17.44.200 Policy.It is the policy of the City of Orange to enter into development
agreements under the provisions of this chapter where the development agreement and proposed development
project, in the City's opinion, is of significant public benel1t not only to the
prospective residents of the proposed development, but to the entire community. (Ords. 12-95;
40-88: Prior Code 17.98.200)Exhibit "
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6 6 OJ 6 .0 ,..: '"EXHIBIT "D"
EXHIBIT "E"
Development Impact Fees
Attached are existing City development fees. Limitations on increases
as set forth in Subsection 4.3 shall apply to only the following fees:
I) Transportation System Improvement Program
2) Police Facility Fee
3) Fire Facility Fee
4) Park Acquisition Fee
5) Library Impact Fee
All other fees listed in this Exhibit "E" shall be assessed in the amount
they exist at the time the Developer becomes liable to pay such fees.
9'/}, ~
o^'CityofOrangeDevelopmentFee~~ ~, o1'''l~
c~
The
following fees, if applicable, will be rollected by the Building Division at the ti~cif. ~building
permit issuance, (unless noted otherwise). J'o~
e
Residential
Non-
Residential
Orange County - Sanitation District Fee All
Districts j See Attached All
Districts See Attached City
Sewer Connection Fee Residential $
75.00 per unit Non-
Residential $ 75.00 per building + $ 1000 per water ctoset over 2
Transportation System Improvement Program (TSIP)
See attached map for area identification
For further information please call Chuck Glass, Traffic Engineer at (714) 744-
5540 AreaIlA" AreaIlBn Area
lie"Residential (per unit) $642.00 $64200 $538.00 Non-Residential (per sq. ft.) $635 (See specifIC use below) (See specificusebelow)General Office (per sq. ft) nla $3.80 $1.10 Medical Office (per sq. fl.) nla $3.80 $2.60 Commercial (per sq. ft.) ria $4.20 $2.15 Education (per sq. fl.) ria $2.40 $0.65 General Industrial (per sq. ft.) ria $1.80 $0.50 Warehousing/Storage (per sq. fl.) ria $0.80 $0.15 Special
Use Fees:ConvalesrenVNursing (per bed) ria $192.00 $158.00 General Hospital (per sq. fl.) ria $3.75 $1.10 HoteV Motel (per room) ria $642.00 $526.00 Church/Synagogue (per sq. fl.) ria $3.65 $0.80Congregate Care/Retirement (per du.) ria $192.00 $
158.00 DormitOl)' (per student) ria $16000 $133.00 Corporate Office (per sq. fl.) ria $1.80 $0.50 F umiture Store (per sq fl.) ria $1.10 $0.30 Atypical
Use
Fees: ~-Atypical Uses (per trip end) ria $181.00 $
5200 Page 1
oflF'MyDocurcis'Fees'Clydcr..ge~. Fccs-IIonb.
J6<b:M:dfied 07.
Eastern Foothill Transportation Corridor Fee
Zone B - 55to Weir Canyon Road Single
Family Dwelling Multi-
Family, Apts/Condos
Non-Residential j 2,910.00 per
unit 1,694.00 per
unit 3.30 per Sq.
Fl Police Facility
Fee Single Family
Dwelling $ 354.89 permit
Non-Residential $ 0.200 per
Sq. Fl Fire
Facility Fee AreaResidentialNon-Residential A $ 612.00 per unit $ 034perSq. Fl 8 $ 234.00 per unit $ 0.13perSq. Ft.C $ 522.00 per unit $ 029perSq. Fl 0 $ 504.00per unit $ 0.28perSq. Fl.E $ 630.00 per unit $ 035perSq. Fl 0 $ 810.00 per unit $ 0.45
per Sq. Fl Park
Acquisition Fee (
Quimby)District 1 Disbict2 Density Classification (Dwelling UnitslGross Acre) Density Classification (Dwelling UnitslGross Acre)26 (DUlGA) $ 3,872.OOIper unil 26 (DU/GA) $ 6,840.OOIperunit 6 - 215 (DUlGA) $ 3,ffi4.00/per unit > 6 - 2 15 (DU/GA) $ 7,04O.oo/perunit 15 (DUlGA) $ 4,383.OOIper unit >15 (DU/GA) $ 6,300OOIper
unit
Page2of2 F:'MyDocunrls'f"as'Clydo.-rg:, ~ F= fbiliA6<hc M:dfinj O],OI.
School
Development Fee Collected
by
the Orange Unified School District)726W Collins
For
additional infonnalion,
call (714) 997-B141 ext 218 or (714) 997-B142 ext 218 Building
Pennit and Plan Check Fee A
fee for each building pennit and plan check fee'shall be detennined based on the folloNing fee schedule,whidlisbasedonthebuildingvaluation.The
building valuation shall be determined by the Building Official and is the tolal value of all construction M:lIkfor which the permit is issued, as well as all finish work, painting, roofing, electrical plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment.Building
Valuation Building Permit Fee Basic
Fee Add Per 0.
00 to $500.00 $2282 $0.00 $lW over 501.
00 to $2,000.00 $22.82 $3.05 $l,()()(i over $500.00 2,001.00 to $25,000.00 $6852 $13.69 $ 1,()()(i over $2,000.00 25,001.00 to $50,00000 $38338 $9.88 $1,000" over $25,000.00 50,001_00 to $ 100,000.00 $63026 $6.84 $1,()()(i over $50,000.00 100,001.00 to $ 500,000_00 $972.02 $532 $l,oo:r over $100,00(100 500,001.00 to $1,000,000.00 $3,099.38 $456 $1~ over $ 500,000.00 1,000,001.00 to $1,000,000,00000 $5,380.98 $3.05 $l,()()(i over $1,000,000.00 Elecbical,
Plumbing, and Mechanical fees are calculated separately and are generally based on unit costs (see pelTTlit applications for these unit costs).1
The
plan check fee shan be 65% of the building peJlTl~ fee and win be colleded at the time of perrn~ application.2or
fraclion thereof Page
3 of3 F:'
My Doctnu-Is'Fces'Ciy~Or.rge ~ Fc=-lbdd6dJc
ModlW0701Ill2
EXHIBIT "E"
Development Impact Fees
con't
Library Facilities Development Impact Fee
Residential Projects Only
Applies to AU Newly Created Housing Units
Citywide
Density Classification (Dwelling Units/Gross Acre)
Less than 6 (DU/GA) $ 742.52 per unit
From 6 to 15 (DU/GA) $ 769.30 per unit
More than 15 (DU/GA) $ 642.71 per unit
Taken from
Cily of Orange Development Fees
Daled 07/28/03
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