RES-11419 APPROVAL OF NEW DRIVE THROUGH EXPRESS CARWASH FACILITY AT 1325 W KATELLA AVENUERESOLUTION NO. 11419
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING CONDITIONAL USE
PERMIT NO. 3154-21, DESIGN REVIEW NO. 5060-21,
MINOR SITE PLAN REVIEW NO. 1074-21,AND ZONE
CHANGE NO. 1305-21 FOR THE CONSTRUCTION OF
A NEW 13,860 SQUARE FOOT AUTOMATIC DRIVE
THROUGH EXPRESS CARWASH FACILITY WITH
ASSOCIATED VACUUM STALLS AND RELATED
SITE IMPROVEMENTS LOCATED AT 1325 WEST
KATELLA AVENUE
APPLICANT: RAPIDS EXPRESS INC. (GEOFF VON DER AHE)
WHEREAS, Conditional Use Permit No. 3154-21, Design Review Committee No. 5060-
21, Minor Site Plan Review No. 1074-21, and Zone Change No. 1305-21 were filed by Rapids
Express Inc. ("applicant") in accordance with the provisions of the Orange Municipal Code; and
WHEREAS, Conditional Use Permit No. 3154-21, Design Review Committee No. 5060-
21, Minor Site Plan Review No. 1074-21, and Zone Change No. 1305-21 were processed in the
time and manner prescribed by state and local law; and
WHEREAS, on May 25, 2022, the City's interdepartmental Staff Review Committee
SRC) reviewed the project and recommended the applications proceed subject to certain
conditions; and
WHEREAS, on August 17, 2022, the City's Design Review Committee reviewed the
project and recommended approval subject to conditions by a 4-0 vote; and
WHEREAS, on September 19, 2022,the City's Planning Commission recommended that
the City Council approve Conditional Use Permit No. 3154-21, Design Review Committee No.
5060-21, and Minor Site Plan Review No. 1074-21 for the construction of a new automatic drive
through express carwash facility and associated vacuum stalls ("Project") on the property located
at 1325 West Katella Avenue and also recommended approval of Zone Change No. 1305-21; and
WHEREAS, Final Program Environmental Impact Report (EIR) No. 1815-09 for the
Comprehensive General Plan Update was certified on March 9, 2010, and prepared in accordance
with the California Environmental Quality Act(CEQA). The proposed change in zoning is within
the scope of the previously approved General Plan and is adequately described in the previously
certified General Plan Program EIR for purposes of CEQA; and
WHEREAS, the proposed project is categorically exempt from the provisions of CEQA
per State CEQA Guidelines 15332 (Class 32 - In-fill Development Projects) because the project
site is less than five acres;the project site has no value as habitat for endangered,rare,or threatened
species; the approval of the project would not result in any significant effects relating to traffic,
noise, air quality, or water quality; and the site can be adequately served by all required utilities
and public services; and
WHEREAS, on November 15, 2022, the City Council of the City of Orange conducted a
duly advertised public hearing to consider the Project upon property described as follows:
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
ORANGE, COUNTY OF ORANGE, - STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
PARCEL 1, IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 91, PAGES 39 AND 40
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA.
EXCEPTING FROM THE NORTH 15 FEET OF SAID LAND, AN UNDIVIDED
ONE-FOURTH INTEREST IN AND TO ALL MINERALS, OIL, GAS AND
KINDRED SUBSTANCES LYING IN, UPON AND UNDER SAID LAND,
TOGETHER WITH THE RIGHT OF ENTRY THEREON FOR THE PURPOSE OF
DEVELOPING, EXTRACTING AND REMOVING SAID SUBSTANCES, AS
RESERVED IN THE DEED FROM POMONA COLLEGE, A CORPORATION,
RECORDED JANUARY 14, 1943 IN BOOK 1172, PAGE 528 OF OFFICIAL
RECORDS.
APN: 375-232-17 AND 375-232-19
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves
Conditional Use Permit No. 3154-21, Design Review Committee No. 5060-21, and Minor Site
Plan Review No. 1074-21, along with Zone Change No. 1305-21 as addressed in Ordinance No.
11-22, based on the following findings:
SECTION 1 —FINDINGS
General Plan Finding:
1.The project must be consistent with the goals and policies stated within the City's General
Plan.
The proposed project is consistent with the goals and policies stated within the City's
General Plan in that the project will enhance and promote the quality of life in the
community by supporting and enhancing diverse living environments. The proposed zone
change from C-R to UMU brings the site's zoning into compliance with its Urban Mixed
Use General Plan land use designation. The zone change rectifies an existing General Plan
and zoning inconsistency and the proposed development of the site for mixed use and
Resolution No. 11419 2
would implement the land use vision outlined in the General Plan Land Use Element. The
project is also consistent with other General Plan goals and policies including:
Land Use Element Goal 3.0: Create commercial uses that provide a solid economic base
and employment opportunities and identify Orange as an attractive and diverse shopping
destination.
Land Use Policy 3.1: Promote development of revenue-generating land uses that help
defray the costs of high quality public services
Land Use Policy 3.3: Improve vehicular, pedestrian, and visual connections between
commercial areas and the rest of the community.
Urban Design Element Goal 2.0: Create commercial and mixed-use areas of varying scale
and function that are visually distinct and complement the City's identity.
Urban Design Policy 2.3: Improve the appearance of arterials and corridors that pass
through commercial and mixed-use areas. Use street trees and other landscape and
hardscape improvements to improve the visual and spatial experience of drivers, transit
riders, and pedestrians using City streets.
Urban Design Element Goal 4.0: Establish and reinforce district and neighborhood
characteristics recognized both within the community and throughout the region.
Urban Design Policy 4.1:Establish appropriate transitions between commercial,industrial,
higher density residential, mixed-use development, and lower density residential areas
Conditional Use Permit Findings:
1. A conditional use permit shall be granted upon sound principals of land use and in
response to services required by the community. (OMC 17.10.030.F.1)
The granting of this Conditional Use Permit is based upon the sound principals of land use
and in response to services required by the community in that consideration has been given
to whether the proposed use will detrimentally affect the adjacent land uses. The subject
property is currently a standalone restaurant in a transitional area of the Katella Avenue
Corridor Focus Area. With the existing neighboring uses ranging from general industrial
uses, a major car dealership, gas station, and a multitenant commercial mall, the proposed
carwash facility offers a transitional use of the site. The project site will remain a
commercial use and the proposed use is compatible with the established community and
may support nearby regional attractions by increasing the frequency of local visitors by
offering services that are attractive to the community. Granting a permit in this instance is
therefore based upon sound land use principles and responds to the needs of the community
at-large.
Resolution No. 11419 3
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. (OMC
17.10.030.F.2)
The project is not expected to detrimentally affect adjacent land uses or create special
problems in the area. The project site is adjacent to general industrial uses to the north and
west, to the Mazda dealership to the south, by a gas station to the southwest and by the
Stadium Promenade to the west. The proposed site layout will not alter the existing
driveway access locations. A queuing analysis for the vehicle stacking for the project has
been analyzed and has been deemed acceptable by the City's Traffic Engineer. The
applicant has proposed a contingency plan in the event that the queue exceeds twenty
vehicles.Employees will monitor vehicle stacking and direct vehicle access to prevent spill
out onto Katella Avenue and Main Street. A Noise Study was not required for the project
because the site is on a major commercial intersection and there are no nearby residential
neighborhoods.
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. (OMC 17.10.030.F.3)
The new carwash facility and associated landscaping improvements generally satisfy the
development standards for the Urban Mixed Use (UMU) zone. The building design
incorporates a contemporary architectural style with features that include varied flat roof
lines, alternating wall planes, and curved canopies. Integrated into the design of the
architecture are trees with a large Coastal Live Oak to be planted in front of the Katella
Avenue building elevation.The proposed landscaping will complement the building design
and provides much more landscaping than is required for the project site. A right-of-way
dedication of two feet has been provided for the critical intersection of Katella Avenue and
Main Street and all right-of-way improvements including accessibility have been satisfied.
Therefore, the effects on the community within this area of the City have been considered
and appropriately addressed and any specific requirements are included as conditions to be
satisfied prior to permit issuance.
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.
OMC 17.10.030.F.4)
All project conditions maintain a purpose of preserving the general welfare of the City and
community. Conditions specifically serve to manage project construction impacts,provide
for site maintenance, address water quality, accommodate disabled person site access,
protect or improve the public right-of-way, protect or improve utilities and accommodate
aesthetics. In addition, conditions have been included to prevent drive-through queuing
impacts on Katella Avenue and Main Street, and to ensure the drive-through car wash
complies with the City's regulations.
Design Review Findings:
1.The project design upholds community aesthetics through the use of an internally
consistent, integrated design theme and is consistent with all adopted specific plans,
applicable design standards, and their required findings (OMC 17.10.07.F.3).
Resolution No. 11419 4
The subject property is not within any specific plan area or established district with
applicable design standards. The proposed building and design may establish a new phase
of design. Few sites in the area have fully developed any projects using the UMU
development standards. Over time, the Katella Avenue Corridor will fully develop into a
more urban setting focused on retail, office, and services thereby strategically maximizing
the development potential of the area as intended by the City's General Plan. Overall, the
project presents a unifying theme and results in a high quality, internally consistent design
that is compatible with the eclectic mix of styles in the surrounding area.
Minor Site Plan Review Findings:
1.The project design is compatible with surrounding development and neighborhoods. (OMC
17.10.060.H.1)
The surrounding development and neighborhood consist of general industrial uses to the
north and east and commercial uses to the south and west. The project will provide a
revitalized architectural and landscaped appearance to the'Katella Avenue commercial
corridor, consistent with surrounding development in its massing, scale, design and
function.
2.Minor Site Plan approval shall be granted if the project conforms to City development
standards and any applicable special design guidelines or specific plan requirements
OMC 17.10.060.H 2).
The proposed building does not meet the minimum lot size and maximum floor area ratio
requirements of 1.5-3.0 of the Urban Mixed-Use land use designation; however, the
proposed building does bring the property into greater compliance with the current Urban
Mixed-Use General Plan and zoning standard. There are no special design guidelines or
specific plans affecting the property.
3.Minor Site Plan approval shall be granted if the project provides for safe and adequate
vehicular and pedestrian circulation, both on-and off-site (OMC 17.10.060.H3).
The project provides safe and adequate access'and circulation for vehicles and pedestrians
from Katella Avenue and Main Street. The on-site circulation has been designed to
accommodate all access needs for parking spaces and for emergency vehicles. There is
sufficient queue stacking for twenty vehicles with an overflow before any vehicles would
spill out onto the public streets. In addition, the study provides for a contingency plan to
be activated should there be periods when longer queues form that could impact traffic
flow on Katella Avenue and Main Street. The contingency plan includes monitoring of the
queue should an increase arise where access will be directed by employees to enter on Main
Street away from the Katella Avenue entrance. Disabled parking and access have been
designed to accommodate building code requirements.
4.Minor Site Plan approval shall be granted if City services are available and adequate to
serve the project (OMC 17.10.060.H.4).
A review of the project with all City departments concludes that City services will be
available and adequate to serve this site, including water, sewer, police and fire services.
Resolution No. 11419 5
5.Minor Site Plan approval shall be granted if the project has been designed to fully mitigate
or substantially minimize adverse environmental effects (OMC 17.10.060.H.5).
No environmental effects have been identified for the project. The OMC will adequately
manage construction and use regulation needs of the project.
Zone Change Findings:
1.There are no required findings for a Zone Change since it is a legislative action. The City
Council finds that the proposed Zone Change from Commercial Recreation(C-R)to Urban
Mixed Use(UMU),brings the site's zoning into consistency with the existing Urban Mixed
Use (UMIX) General Plan land use designation in accordance with state law. Therefore,
approval of the zone change contributes to implementation of the City's Land Use Plan
and furthers the goals and policies of the City's General Plan.
SECTION 2—ENVIRONMENTAL REVIEW
Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General
Plan Update was certified on March 9, 2010, and prepared in accordance with the California
Environmental Quality Act. The proposed change in zoning is within the scope of the previously
approved General Plan and is adequately described in the previously certified General Plan
Program EIR for purposes of CEQA.
Categorical Exemption: The proposed project is categorically exempt from the provisions of
CEQA per State CEQA Guidelines 15332 (Class 32 - In-fill Development Projects) because the
project site is less than five acres; the project site has no value as habitat for endangered, rare, or
threatened species; the approval of the project would not result in any significant effects relating
to traffic, noise, air quality, or water quality; and the site can be adequately served by all required
utilities and public services. No public review is required.
SECTION 3—CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed:
General:
1.The project shall conform in substance and be maintained in general conformance with
plans and exhibits date stamped August 23, 2022,including any modifications required by
conditions of approval, and as approved by the Planning Commission. Any future
expansion in area or in the nature and operation of the use approved by Conditional Use
Permit No. 3154-21 shall require an application for a new or amended Conditional Use
Permit.
2.The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents
and employees from any and all liability or claims that may be brought against the City
arising out of its approval of this permits, save and except that caused by the City's active
Resolution No. 11419 6
negligence. The City shall promptly notify the applicant of any such claim, action, or
proceedings and shall cooperate fully in the defense.
3.The applicant shall comply with all federal, state, and local laws, including all City
regulations. Violation of any of those laws in connection with the use may be cause for
revocation of this permit.
4.Conditional Use Permit No. 3154-21 shall become void if not vested within two years from
the date of approval. Time extensions may be granted for up to one year,pursuant to OMC
Section 17.08.060.
5. Any modifications to the plans including, but not limited to, the landscaping and parking
as a result of other Department requirements such as Building Codes, water quality, Fire,
or Police shall be submitted for review and approval to the Community Development
Director or designee. Should the modifications be considered substantial,the modifications
shall be reviewed and approved by the City Council.
6. Except as otherwise provided herein, this project is approved as a precise plan. After any
application has been approved, if changes are proposed regarding the location or alteration
of any use or structure, a changed plan may be submitted to the Community Development
Director for approval. If the Community Development Director determines that the
proposed change complies with the provisions and the spirit and intent of the approval
action, and that the action would have been the same for the changed plan as for the
approved plan, the Community Development Director may approve the changed plan
without requiring a new public hearing.
7. Any future expansion in area or in the nature and operation of the approved use by
Conditional Use Permit No. 3154-21 shall require a new or amended application for an
automatic drive through carwash facility and associated vacuum stalls.
8. The project approval includes certain fees and/or other exactions. Pursuant to Government
Code Section 66020,these conditions or requirements constitute written notice of the fees
and/or exactions. The applicant is hereby notified that the ninety (90) day protest period
commencing from the date of approval of the project has begun. If the applicant fails to
file a protest regarding these conditions or requirements, the applicant is legally barred
from later challenging such exactions per Government Code Section 66020.
9.Within two (2) days of final approval of this project, the applicant shall deliver to the
Planning Division a cashier's check payable to the Orange County Clerk in an amount
required to fulfill the fee requirements of Fish and Game Code Section 711.4(d)(2)and the
County Administrative fee, to enable the City to file the Notice of Exemption required
under Public Resources Code 21152, & Cal Code Regulations 15075.
10. These conditions shall be reprinted on the second page of the construction documents when
submitted to the Building Division for the plan check process.
11. Any graffiti shall be removed within 72 hours from the time the City of Orange Notice of
Violation is received by the applicant/property owner.
12. Prior to the operation of the business, the applicant shall file for, or if applicable, amend a
business license with the Business License Division.Failure to obtain the required business
license will be cause for revocation of this approval.
Resolution No. 11419 7
13. In conjunction with the operation of the business, all noise levels generated shall conform
to the levels allowed by the OMC.
14. In conjunction with the operation of the business,all loading and trash enclosure areas shall
be maintained and kept clean and free of debris.
15. In conjunction with the operation of the business, should parking or queuing issues arise
on the site or the surrounding neighborhood,the applicant shall work with the Community
Development Department to resolve any issues.If such issues are not resolved to the City's
satisfaction,the Conditional Use Permit shall be presented to the Planning Commission for
its consideration of further conditions, modifications, or revocation.
16. The automatic car wash service shall operate its vehicle queuing and on-site circulation in
the manner as described in the drive-through Queuing Analysis. At no time shall the
operator allow vehicles of customers to straddle the public right-of-way (sidewalk,
driveway, street) and shall employ measures to direct customers from causing any such
conflict with keeping the public right-of-way clear by ensuring a maximum queue stacking
of twenty (20)vehicles.
Water Quality:
17. Prior to City approval of the landscape plans,the applicant shall review the approved Water
Quality Management Plan (WQMP) and ensure the proposed landscape plans are
consistent with the project grading plans. The plans must show any proposed storm water
treatment Best Management Practices (BMPs) such as bioretention planters, drywells,
permeable pavers, or any other proposed surface water quality BMPs.
Fire Department:
18. Onsite fire department access will require easement recording prior to issuance of Rough
Grading Permit and shall be reviewed by Fire prior to approval.
19. Prior to Building Permit issuance,the applicant shall provide a specification data sheet for
proposed roof-translucent material, Acrylite. This material shall be non-combustible
instead of non-flammable as noted on plans.
Public Works, Development Services:
20. Prior to building permit issuance,the applicant shall request and complete a quitclaim deed
of the SAVI line within the property by the City of Orange.
21. Prior to building permit issuance, the applicant shall complete a street right-of-way
dedication with Public Works Department for an additional 2 foot of street frontage along
Katella Avenue, and additional area to accommodate a standard sidewalk access ramp at
the northeast corner of Katella Avenue and Main Street.
22. Prior to building permit issuance, the applicant shall complete and record a reciprocal
sewer/drainage agreement with the adjacent parcel to the east with AP Number: 375-232-
20. The agreement shall include but not limited to responsibility for the
removal/reconstruction of proposed structures along the existing 15-foot easement for
maintenance or repairs of sewer/drainage.
Resolution No. 11419 8
Design Review Committee:
23. Tree maintenance shall be performed in such a manner as to allow all trees to retain their
full canopy height and breadth for shade at the point of maturity, except as required for
public safety purposes.
In addition to the above conditions, procedural requirements are contained herein as
Attachment"A"to this Resolution.
ADOPTED this 10th day of January 2023.
aniel R. Slater, Mayor, City of Orange
ST:
Pamela Coleman, City Clerk, City of Orange
Attachment: Attachment"A"—Procedural Requirements
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ORANGE
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the 10th day of January 2023, by the following vote:
AYES: COUNCILMEMBERS: Dumitru, Tavoularis, Bilodeau, Gutierrez,
Gyllenhammer, and Slater
NOES: COUNCILMEMBERS: Barrios
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBE •
Pamela Coleman, City Clerk, City of Orange
Resolution No. 11419 9
ATTACHMENT "A"
Behind this page.]
ATTACHMENT "A"
PROCEDURAL REQUIREMENTS
1.Construction permits, including building permits and grading permits, as required by the
City, shall be obtained in advance of any site demolition, clearing and grubbing, and
grading and for all construction work, as required by the Community Development
Department's Building Division and Public Works Grading Division. Failure to obtain the
required building permits may be cause for revocation of this entitlement.
2. In conjunction with construction, all activity in connection with construction, other than
grading, will be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday through
Saturday.No construction activity will be permitted on Sundays and Federal holidays.
3.Grading operations shall be restricted to Monday through Friday between the hours of 7:30
a.m. and 5:00 p.m., with limited grading as necessary permitted on Saturdays between the
hours of 8:00 a.m. and 4:30 p.m. Mechanics may service the equipment up to two hours
after each shift.
4. Prior to building permit, security and design measures that employ Defensible Space
concepts in accordance with the City's Building Security Guidelines shall be integrated
into construction plans in coordination with the Police Department.
5. Prior to building permit, the final landscape plan shall be reviewed and approved by the
Public Works Director when landscaping is proposed within the public right-of-way and/or
the project is constructing Storm Water Quality Best Management Practices (BMPs) in
landscaped areas.
6. The applicant, in coordination with the contractor, shall ensure that grading and
construction activities comply with the following requirements:
a.All construction vehicles or equipment, fixed or mobile, shall be equipped with
properly operating and maintained mufflers;
b. All operations shall comply with City ordinances with respect to hours of
construction activity to minimize noise impacts;
c.During construction, best efforts shall be made to locate stockpiling and/or vehicle
staging areas as far as practicable from surrounding residences.
7. Prior to building permit,the applicant shall obtain approval from the Planning Division for
any and all signage associated with the proposed project and/or business.
I
Community Services:
8. Prior to building permit,the applicant shall prepare a final landscaping and irrigation plan
consistent with the grading plans, site plans, and the conceptual landscaping plan as
proposed for the project, for the review and approval of the Community Development
Director or designee.
9. Prior to building permit,final landscaping plans forthe project shall be designed to comply
with the City's Water Efficient Landscape Guidelines as described in Section IX et al of
the City of Orange Landscape Standards and Specifications. The project landscape
Attachment"A"
Page 1 of 8
architect shall submit documentation certifying compliance with this requirement for
review and approval by the Community Development Director or designee in coordination
with the Public Works Director or designee.
10. Prior to building permit, City required irrigation and landscape inspection notes, in
accordance with the City of Orange Landscape Standards and Specifications, shall be
placed on the final landscape plan, to the satisfaction of the Public Works Director or
designee in coordination with the Community Services Director or designee.
11. Prior to certificate of occupancy, all landscaping improvements shall be completed
according to the approved plans,the City of Orange Water Efficient Landscape Guidelines,
and City of Orange Landscape Standards and Specifications. The project landscape
architect shall submit documentation certifying compliance with this requirement
Appendices B and E of City of Orange Landscape Standards and Specifications) for
review and approval by the Community Development Director or designee,in coordination
with the Public Works Director or designee.
12. Prior to building permit, the final landscape plan shall be reviewed and approved by the
Public Works Director when landscaping is proposed within the public right-of-way and/or
the project is constructing Storm Water Quality BMPs in landscaped areas.
13. Prior to building permit, the final landscape plan shall be reviewed and approved by the
Orange Fire Department if landscaping is proposed in areas subject to Fire Department
jurisdiction, which may include, but is not limited to, fuel modification areas.
14. All landscaping located within public areas shall include the installation of root barriers
acceptable to the Public Works Department on the sidewalk side of the tree, or where
conditions warrant, the installation of a Deep Root box as directed by the Public Works
Director.
15. The final landscape plan shall include a note that a fully automated irrigation system will
be provided.
16. Prior to building permit, a Tree Permit Removal Permit shall be approved by the
Community Service Director in accordance with the City's Tree Preservation Ordinance.
A plan is required for submittal to the City depicting all of the existing on-site trees, the
species of each tree, and the number of trees proposed for removal and replacement.
17. Proposed landscape areas within a parking lot shall be distributed throughout the parking
area, and shall be maintained in a neat and healthy condition. Should plant material die,
the property owner shall replace at the earliest time with similar plant material.
Water Division:
18. Prior to building permit, the applicant shall submit improvement plans to the Water
Division for review and approval for any new fire hydrants, domestic water services, fire
services,landscape services,and any other proposed improvements or relocations affecting
the public water system facilities.
19. Prior to certificate of occupancy, the applicant shall be responsible for the installation of
necessary fire hydrants and fire services as approved by the Fire Department and Water
Division.
Attachment"A"
Page 2 of 8
20. Prior to building permit, the Water Division shall approve the type and location of
landscaping and fire service (backflow prevention) device for proposed City services.
21. Prior to building permit, construction documents shall show that a 6-foot minimum
horizontal clearance and a 1-foot minimum vertical clearance would be maintained
between City water mains, laterals, services, meters, fire hydrants and all other utilities
except sewer. The Water Division shall review and approve the construction documents.
22. Prior to building permit, construction documents shall show that an 8-foot minimum
clearance is provided between City water mains, laterals, services, meters, fire hydrants,
signs,or trees or other substantial shrubs and plants as required by the Water Division. The
Water Division shall review and approve the construction documents.
23. Prior to building permit, construction documents shall show that permanent signs, awning,
surface water quality management features or other structures are not built over water
mains, laterals, services, meters,or fire hydrants as required by the Water Division.
24. Prior to building permit for the first phase of work, the applicant shall be responsible for
obtaining approval all of the necessary encroachment permits from affected agencies for
all public water construction work.
25. Prior to approval of a water improvement plan, the applicant shall satisfy all water main
connection,plan check, and inspections charges as determined by the Water Division.
26. Prior to grading permit,the applicant shall construct all public and/or private improvements
to the satisfaction of the Water Division. The applicant may be required to enter into an
agreement with the City, and post security in a form and amount acceptable to the City
Engineer and/or Water Division to ensure construction of said improvements.
27. Plans submitted during plan check shall show that the water improvement plans are
consistent with the fire suppression plans and or fire master plan. The applicant's
consultant preparing the water improvement plans shall coordinate its plans with the
consultant preparing the fire suppression plans and/or fire master plan so that their designs
concur.
28. Plans submitted during plan check shall show that the minimum separation requirements
are met and that each of the various designer's plan sets match. The applicant's consultant
preparing the improvement and utility plans shall coordinate its plans with the consultants
preparing the landscape, architectural, surface water quality management, fire master
and/or fire suppression plans so that their designs are consistent.
29. At least 14 calendar days prior to commencing construction, the applicant's civil engineer
shall prepare and provide product material submittals consistent with the water
improvement plans for all proposed public water system facilities to the Water Division
per the City of Orange General Water Construction Notes for review and approval.
30. Prior to certificate of occupancy,the applicant shall furnish and install individual pressure
regulators on new services where the incoming pressure exceeds 80pounds per square inch.
Public Works, Subdivisions:
Conditions ofApproval for Street and Utility Improvements:
Attachment"A"
Page 3 of 8
31. Prior to grading permit, all works within public right-of-way and public utility easements
will require Encroachment Permits, including sidewalk and driveway constructions and
utility main and lateral constructions.
32. Prior to grading permit, all public infrastructures, including street sections, sidewalk,
driveway apron, and utilities shall comply with City of Orange Standard Plans and
Specifications.
33. Prior to certificate of occupancy, utilities serving the development, such as electric, cable
television, street lighting and communication shall be installed underground, completed
and approved by the appropriate utility provider.
34. Prior to certificate of occupancy, the applicant shall remove unused driveway approaches
and restored them to full height curb and gutter, including any sidewalk restoration at the
driveway apron.
35. Prior grading permit, driveway aprons shall conform to Public Works Standard Plan 115
for commercial driveway with ADA accessibility.
36. Prior to grading permit, all driveway approaches shall conform to ADA standard for
wheelchair access conforming to Public Works Standard Plans 115 and 116.
37. Prior to certificate of occupancy, an unobstructed pedestrian access way of 5 feet width
shall be maintained at all times for the sidewalk. The unobstructed access shall increase to
6 feet when there is no planting strip between the sidewalk and the street curb.
38. Prior to certificate of occupancy, provide adequate wheelchair accessibility around driveway
aprons that do not already conform to current ADA standards.
39. Prior to certificate of occupancy,repair any cracked,uneven,or damaged public sidewalk,curb
and gutter along property frontage.
40. Prior to certificate of occupancy, all landscaping shall be owned and maintained by property
owner.
41. Prior to certificate of occupancy, the developer shall be required to install new streetlights
along the property frontage on Main Street as required by City of Orange Traffic Division.
42. Prior to certificate of occupancy, no street tree requirements per City Street Tree
Coordinator.
43. Prior to building permit, the applicant shall pay sewer connection fees to Public Works
Subdivision Department in accordance with their regulations and available options.
44. Prior to certificate of occupancy,sanitary sewer system connecting from the buildings to public
mainline shall be private and maintained by the property owner.
Conditions ofApproval for Grading:
45. Prior to grading permit, the applicant shall submit a grading plan in compliance with City
standards for review and approval by the Public Works Director. All grading and improvements
on the subject property shall be made in accordance with the Manual of Grading and Standard
Plans and Specifications to the satisfaction of the Public Works Director. The applicant may be
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required to include Phased Erosion and Sediment Control Plans, Site Demolition Plan, and
Utility Plan as parts of the grading plan.
46. Prior to grading permit, plans preparation and submittals shall be per Development Services
Plan Preparation Guidelines and Checklist,and Checklist for Submittal Packages.
47. Prior to Condition#45,a geotechnical report shall accompany the grading plan review.
48. A Drainage Assessment Letter shall be submitted for review and approval by Public Works.
The Hydrology Study/Report shall comply with the Orange County Hydrology Manual and
Addenda(OCHM).Design Storm Frequency at a minimum,shall be 10-year storm(25-year in
a sump condition), and a 100-year storm event. Proposed improvements shall comply with
freeboard requirements per OCHM and County Local Drainage Manuals.
49. Prior to grading permit,site grading shall conform to the latest California Building Code Section
1804. The ground immediately adjacent to the foundation shall be sloped away from the
building at a slope of 5%for pervious surfaces,and 2%for impervious surfaces,at a minimum
distance of 10 feet.
50. Prior to grading permit,any soil imported or exported shall require a Transportation Permit
from Public Works Traffic Division.
51. Prior to grading permit, upon submittal of grading plan for plan check, the applicant shall a
deposit to cover plan check and inspection services related to the grading activities.
52. Prior to grading permit, the grading plan shall detail all of the locations where retaining walls
will be constructed. Geometric detail of retaining walls shall be shown on the grading plan,
including material type,dimensions,backfill,and subdrains. A building permit is also required
for retaining walls over 4 feet in height measured from the bottom of the footing to the top of
the wall prior to construction. Structural details and design calculations shall be submitted as a
separate document and will be reviewed and permitted by City Building Division.
53. Prior to grading permit,any grading outside of the owner's property boundary shall require the
applicant to either obtain a temporary construction easements or permission by adjacent
property owners in a form suitable to the Public Works Director.
54. Prior to grading permit,trash receptacle locations and details shall be included on the Grading
Plan. The trash storage area shall be constructed per Public Works Standard Plan 409.
55. Prior to grading permit,show all sewer and storm drain lines on the Grading Plan. Other utility
lines, such as water lines,may also be shown on Grading Plan for reference.
56. Prior to grading permit, show all structural BMPs for water quality purpose on Grading Plan.
Water quality features shown on the Grading Plan must match Water Quality Management Plan
WQMP).
57. Prior to grading permit, any direct storm water discharge into Orange County Flood Control
OCFD)channels shall require a Permit from OCFD.
58. Prior to grading permit, the property owner shall maintain in good condition, all on-site
driveways where heavy-duty trucks would travel.
59. Prior to building foundation construction and prior to grading permit, a Certificate Letter
of Line and Grade shall be submitted to Public Works Construction Inspector
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demonstrating that the site grading and pad elevation are completed according to the
grading plan.
Public Works, Water Quality:
60. Prior to grading permit,the applicant shall submit a Priority Project WQMP for review and
approval to the Public Works Department that:
a.Prioritizes the use of Low Impact Development principles as follows: preserves
natural features; minimizes runoff and reduces impervious surfaces; and utilizes
infiltration of runoff as the method of pollutant treatment. Infiltration BMPs to be
considered include the use of permeable materials such as concrete and concrete
pavers, infiltration trenches, infiltration planters, and other infiltration BMPs as
applicable,
b.Incorporates the applicable Site Design, Routine Source, Structural Control and
Low Impact BMPs as defined in the Model WQMP and Technical Guidance
Document,
c.Maintains the hydrologic characteristics of the site by matching time of
concentration, runoff, velocity, volume and hydrograph for a 2-year storm event,
d.Minimizes the potential increase in downstream erosion and avoids downstream
impacts to physical structures, aquatic and riparian habitat,
e.Generally describes the long-term operation and maintenance requirements for
structural and Treatment Control BMPs,
f.Identifies the entity or employees that will be responsible for long-term operation,
maintenance, repair and or replacement of the structural and Treatment Control
BMPs and the training that qualifies them to operate and maintain the BMPs,
g.Describes the mechanism for funding the long-term operation and maintenance of
all structural and Treatment Control BMPs,
h.Includes a copy of the forms to be used in conducting maintenance and inspection
activities,
i.Meets recordkeeping requirements (forms to be kept for 5 years).
j.Includes a copy of the form to be submitted annually by the project owner to the
Public Works Department that certifies that the project's structural and treatment
BMPs are being inspected and maintained in accordance with the project's WQMP.
61. Prior to certificate of occupancy,the applicant shall demonstrate the following to the Public
Works Department:
a.That all structural and treatment control BMPs described in the Project WQMP
have been constructed and installed in conformance with the approved plans and
specifications,
b.That the applicant is prepared to implement all non-structural BMPs described in
the Project WQMP,
c.That an adequate number of copies of the project's approved final Project WQMP
are available for the future occupiers.
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62. Prior to certificate of occupancy or final signoff by the Public Works Department, the
applicant shall demonstrate to the satisfaction of Public Works, that the preparer of the
WQMP has reviewed the BMP maintenance requirements in Section V of the WQMP with
the responsible person and that a copy of the WQMP has been provided to that person. A
certification letter from the WQMP preparer may be used to satisfy this condition.
63. Prior to building permit,the applicant shall review the approved WQMP and grading plan
to ensure the structure's downspouts or drainage outlet locations are consistent with those
documents. Copies of the building or architectural plans specifically showing the
downspouts and drainage outlets shall be submitted to the Public Works Department for
review.
64. The project applicant shall maintain all structural, treatment and low impact development
BMPs at the frequency specified in the approved WQMP. Upon transfer of ownership or
management responsibilities for the project site,the applicant shall notify the Public Works
Department of the new person(s) or entity responsible for maintenance of the BMPs.
65. Prior to grading permit (including, as appropriate: clearing, grubbing, surface mining, or
paving permits), the applicant shall demonstrate that coverage has been obtained under the
State's General Permit for Stormwater Discharges Associated with Construction Activity
Construction General Permit)by providing a copy of the Notice of Intent(NOI)submitted
to the State Water Resources Control Board and a copy of the subsequent notification of
the issuance of a Waste Discharge Identification(WDID)Number or other proof of filing.
A copy of the Stormwater Pollution Prevention Plan (SWPPP) required by the General
Permit shall be kept at the project site and be available for review by City representatives
upon request.
Police:
66. Prior to building permit, construction plans shall show that all structures shall comply with
the requirements of Orange Municipal Code (OMC) Chapter 15.52 (Building Security
Standards), which relates to the use of specific hardware, doors, windows, lighting, etc.
Architect drawings shall include sections of the Ordinance that apply under "Security
Notes". An "Approved Products List 1/08" of hardware, windows, etc. is available upon
request.
67. Security and design measures that employ Defensible Space concepts shall be utilized in
development and construction plans. These measures incorporate the concepts of Crime
Prevention through Environmental Design (CPTED), which involves consideration such
as placement and orientation of structures, access and visibility of common areas,
placement of doors, windows, addressing and landscaping.
68. The address number of each commercial building shall be illuminated during the hours of
darkness so that it shall be easily visible from the street. The numerals in these numbers
shall be no less than 6 inches in height and be of a color contrasting to the background. In
addition, any business which affords vehicular access to the rear through any driveway,
alleyway or parking lot shall also display the same numbers on the rear of the building.
69. A minimum of 1 foot candle shall be maintained on all surfaces of the parking lot, from
dusk until the termination of business every operating day. The applicant shall ensure that
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lighting on the site shall be directed, controlled, and screened in such a manner so as to
refrain from shining directly on surrounding properties.
70. Prior to certificate of occupancy, the applicant shall schedule a light reading inspection
with the Crime Prevention Bureau. The lighting shall be tested and confirmed to determine
if the lighting meets or exceeds the exterior boundary standards. The applicant shall use
shielding so as to ensure that the light standards meet the requirements of OMC Section
17.12.030 for the areas beyond the property's exterior boundaries; light spillage or
pollution to surrounding residential areas shall not exceed a maintained minimum of 0.5
foot-candle.
Fire Department:
71. Plans submitted for Building Plan Check shall comply with the California Fire Code as
amended by the City and as frequently amended and in effect at the time of application for
building permit.
72. The Fire Department notes provided to the project applicant shall be provided within the
plans submitted for Building Plan Check. However, the plans shall comply with current
Fire Codes regardless of the codes quoted in the notes provided in the letter.
73. At the time of building permit, a copy of the fire master plan shall be provided to the Fire
Department in PDF format minimum print size of 8 V2 x 11 and maximum 11 x 17.
74. In regard to the design of Fire Department Connections (FDC), the following shall be
considered:
a.The fire department connection shall not be affixed to the building;
b.The fire department connection shall be located at least 40 feet away from the
building;
c.The fire department connection shall be located on the address side of the building;
d.The fire department connection shall be located within 40 feet of a hydrant on the
same side of the street as the hydrant;
e.The fire department connection shall not provide pressure on the on-site hydrants.
75. The applicant shall pay all applicable fire plan check and inspection fees.
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