RES-11453 DENY APPEAL NO. 0562-23 AND UPHOLD CONSTRUCTION OF A NEW 225-UNIT APARTMENT DEVELOPMENT AT 840 THE CITY DRIVE SOUTHRESOLUTION NO. 11453
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DENYING APPEAL NO. 0562-23,
AND UPHOLDING THE DECISION OF THE
PLANNING COMMISSION OF THE CITY OF
ORANGE APPROVING CONDITIONAL USE PERMIT
NO. 3138-21, MAJOR SITE PLAN REVIEW NO. 1040-
21,DESIGN REVIEW NO. 5030-21,ADMINISTRATIVE
ADJUSTMENT NO. 0051-21, AND MITIGATED
NEGATIVE DECLARATION NO. 1875-21 TO
DEMOLISH AN EXISTING RETAIL BUILDING IN
ORDER TO CONSTRUCT A NEW 225-UNIT MIXED-
USE APARTMENT DEVELOPMENT,OPEN PARKING
STRUCTURE FOR THE ADJACENT OFFICE
COMPLEX USE, RELATED SITE IMPROVEMENTS,
AND A REDUCTION OF 48 PARKING SPACES AND
670 SQUARE FEET OF OPEN SPACE, LOCATED AT
840 THE CITY DRIVE SOUTH
APPLICANT: SLR ORANGE DEVELOPMENT, LLC, SCOTT LEVY
WHEREAS, the City Council has authority per Orange Municipal Code (OMC) Section
17.08.050 to take action on Appeal No. 0562-23, appealing the Planning Commission approval of
Conditional Use Permit No. 3138-21, Major Site Plan Review No. 1040-21, Design Review No.
5030-21,Administrative Adjustment No. 0051-21, and Mitigated Negative Declaration No. 1875-
21 to demolish an existing retail building in order to construct a new 225-unit mixed-use apartment
development, open parking structure for the adjacent office complex use, and related site
improvements, located at 840 The City Drive South, described as follows:
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 A:
PARCEL 5, AS SHOWN ON PARCEL MAP NO. 86-168, FILED IN BOOK 215, PAGES 28
THROUGH 34 INCLUSIVE OF PARCEL MAPS, RECORDS OF SAID COUNTY, IN THE
CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS, AND OTHER HYDROCARBON
SUBSTANCES LYING BELOW THE UPPER 100 FEET OF SAID LAND, BUT WITH NO
RIGHT OF SURFACE ENTRY, AS PROVIDED IN DEED RECORDED JANUARY 29, 1963
AS INSTRUMENT NO. 23634, IN BOOK 6412, PAGE 519 OF OFFICIAL RECORDS.
PARCEL B:
PARCELS 1 AND 3, AS SHOWN ON PARCEL MAP NO. 86-318, FILED IN BOOK 216,
PAGES 41 AND 42 OF PARCEL MAPS, RECORDS OF SAID COUNTY, IN THE CITY OF
ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS, AND OTHER HYDROCARBON
SUBSTANCES LYING BELOW THE UPPER 100 FEET OF SAID LAND, BUT WITH NO
RIGHT OF SURFACE ENTRY, AS PROVIDED IN DEED RECORDED JANUARY 29, 1963
AS INSTRUMENT NO. 23634, IN BOOK 6412, PAGE 519 OF OFFICIAL RECORDS.
PARCEL C:
PARCEL 2, AS SHOWN ON EXHIBIT B AND DESCRIPTION IS ON EXHIBIT A OF THAT
CERTAIN LOT LINE ADJUSTMENT NO. LL 86-19, AS EVIDENCED BY DOCUMENT
RECORDED DECEMBER 15, 1986 AS INSTRUMENT NO. 86-616569 OF OFFICIAL
RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 2 OF PARCEL MAP NO. 86-168, IN THE CITY OF ORANGE, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 215, PAGES
28 TO 34,INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL
OF LAND.
A PORTION OF PARCEL 2 OF SAID PARCEL MAP NO. 86-168, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF PARK CENTRAL
AVENUE AND WESTERLY LINE OF THE CITY DRIVE AS SHOWN ON SAID PARCEL
MAP NO. 86-168; THENCE NORTH 68 08'15" WEST, 201.70 FEET; THENCE NORTH 89
16'28" WEST, 119.82 FEET; THENCE NORTH 00 43'32" EAST 19.00 FEET; THENCE
NORTH 89 16'28" WEST, 13.94 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT
BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE TO THE NORTHEAST
HAVING A RADIUS OF 391.86 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE
9.74 FEET THROUGH A CENTRAL ANGLE OF 01 25'25"; THENCE SOUTH 21 54'49"
WEST, 68.56 FEET;THENCE NORTH 00 43'32" EAST, 70.98 FEET; THENCE SOUTH 89
16'28" EAST, 18.06 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS, AND OTHER HYDROCARBON
SUBSTANCES LYING BELOW THE UPPER 100 FEET OF SAID LAND, BUT WITH NO
RIGHT OF SURFACE ENTRY, AS PROVIDED IN DEED RECORDED JANUARY 29, 1963
AS INSTRUMENT NO. 23634, IN BOOK 6412, PAGE 519 OF OFFICIAL RECORDS.
PARCEL D:
EASEMENTS AS DEFINED IN THAT CERTAIN "AGREEMENT BETWEEN ADJOINING
LANDOWNERS AND SUPPLEMENTAL DECLARATION" RECORDED JANUARY 09,
Resolution No. 11453 2
1987 AS INSTRUMENT NO. 87-012961 OF OFFICIAL RECORDS OF ORANGE COUNTY,
CALIFORNIA, AS SAID EASEMENTS ARE MORE SPECIFICALLY SET FORTH IN
PARAGRAPHS 2(A), 2(B),AND 2(C)ENTITLED "EASEMENTS" OF SAID INSTRUMENT.
PARCEL E:
PARCEL 6,IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON PARCEL MAP NO. 86-168, FILED IN BOOK 215, PAGES 28 THROUGH 34
INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS, AND OTHER HYDROCARBON
SUBSTANCES LYING BELOW THE UPPER 100 FEET OF SAID LAND, BUT WITH NO
RIGHT OF SURFACE ENTRY, AS PROVIDED IN DEED RECORDED JANUARY 29, 1963
AS INSTRUMENT NO. 23634, IN BOOK 6412, PAGE 519 OF OFFICIAL RECORDS.
For conveyancing purposes only:
APN 231-261-09 (Affects Parcel C)
APN 231-261-13 (Affects Parcel E)
APN 231-261-15 (AFFECTS Parcel 1 of Parcel B)
APN 231-261-16 (AFFECTS Parcel A) and
APN 231-261-17 (AFFECTS Parcel 3 of Parcel B); and
WHEREAS, Conditional Use Permit No. 3138-21, Major Site Plan Review No. 1040-21,
Design Review No. 5030-21, Administrative Adjustment No. 0051-21, and Mitigated Negative
Declaration No. 1875-21,were filed by SLR Orange Development,LLC, Scott Levy in accordance
with the provisions of the OMC; and
WHEREAS, Conditional Use Permit No. 3138-21, Major Site Plan Review No. 1040-21,
Design Review No. 5030-21, Administrative Adjustment No. 0051-21, and Mitigated Negative
Declaration No. 1875-21 were processed in the time and manner prescribed by state and local law;
and
WHEREAS, Mitigated Negative Declaration No. 1875-21 was prepared to evaluate the
physical environmental impacts of the project, in conformance with the provisions of the
California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15070 and in
conformance with the Local CEQA Guidelines. Mitigated Negative Declaration No. 1875-21
finds that the project will have less than significant impacts to the environment, with the
implementation of standard conditions and mitigation measures; and
WHEREAS, on November 16, 2022, the City's Staff Review Committee determined that
Conditional Use Permit No. 3138-21, Major Site Plan Review No. 1040-21, Design Review No.
5030-21,Administrative Adjustment No. 0051-21, and Mitigated Negative Declaration No. 1875-
21 met requirements of the OMC and deemed the application complete; and
Resolution No. 11453 3
WHEREAS,a Notice of Intent to Adopt Mitigated Negative Declaration No. 1875-21 was
made available for a 20 day public review and comment period from November 23, 2022, to
December 14,2022,in compliance with Sections 15072 and 15105 of the State CEQA Guidelines;
and
WHEREAS, on December 7, 2022, the Design Review Committee reviewed Design
Review No. 5030-21 and by a vote of 4-0-1,recommended approval to the Planning Commission,
with conditions that have been included in this Resolution; and
WHEREAS,on February 23,2023,the Planning Commission conducted a public hearing,
at which time interested persons had an opportunity to testify either in support of or in opposition
to Conditional Use Permit No. 3138-21,Major Site Plan Review No. 1040-21,Design Review No.
5030-21,Administrative Adjustment No. 0051-21, and Mitigated Negative Declaration No. 1875-
21; and
WHEREAS, at the February 23, 2023, public hearing, the Planning Commission
considered the testimony of a representative of Lozeau Drury LLP, challenging the environmental
analysis and the Mitigated Negative Declaration, along with testimony of the applicant and the
applicant's environmental consultant; and
WHEREAS, on February 23, 2023, the Planning Commission approved Conditional Use
Permit No. 3138-21, Major Site Plan Review No. 1040-21, Design Review No. 5030-21,
Administrative Adjustment No. 0051-21, and Mitigated Negative Declaration No. 1875-21 by a
5-0 vote; and
WHEREAS, on March 2, 2023, Adam Frankel of Lozeau Drury LLP, on behalf of
Supporters Alliance for Environmental Responsibility (SAFER), filed Appeal No. 0562-23,
appealing the Planning Commission approval of Conditional Use Permit No. 3138-21, Major Site
Plan Review No. 1040-21,Design Review No. 5030-21,Administrative Adjustment No. 0051-21,
and Mitigated Negative Declaration No. 1875-21 in accordance with the provisions of the OMC;
and
WHEREAS,on April 11,2023,the City Council conducted a public hearing at which time
interested persons had an opportunity to testify either in support of or opposition to the proposal
for the purpose of considering Appeal No. 0562-23 of the Planning Commission approval of
Conditional Use Permit No. 3138-21, Major Site Plan Review No. 1040-21, Design Review No.
5030-21,Administrative Adjustment No. 0051-21, and Mitigated Negative Declaration No. 1875-
21; and
WHEREAS, at the April 11, 2023, public hearing, the City Council considered the
testimony of the appellant, along with the testimony of the applicant and the applicant's
environmental consultant.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange
hereby denies Appeal No. 0562-23, and upholds the decision of the Planning Commission to
approve Conditional Use Permit No. 3138-21, Major Site Plan Review No. 1040-21, Design
Review No. 5030-21, Administrative Adjustment No. 0051-21, and Mitigated Negative
Resolution No. 11453 4
Declaration No. 1875-21 with associated Mitigation Monitoring and Reporting Program, to allow
the construction of a new 225-unit mixed-use apartment development, open parking structure for
the adjacent office complex use, and related site improvements based on the following findings:
SECTION 1 —FINDINGS
General Plan Findings:
1.The project must be consistent with the goals and policies stated within the City's General
Plan.
The project achieves multiple goals of the General Plan. The project transforms and
revitalizes an underutilized commercial property with a high-density mixed-use multi-
family residential development that integrates with adjacent residential, commercial, and
office uses. The project provides architecture and landscape design that emphasizes
pedestrian orientation and safe and convenient access between uses. The project also
implements the objectives of the Urban Mixed Use General Plan land use designation, by
expanding the opportunities for citizens to live, work and meet other daily needs
conveniently. The project supports the goals of the City's Housing Element by bringing
forward housing that increases the inventory of housing and diversifying the housing types
available in the community. The project is also being developed at a density level that
provides associated rental rates that meet the City's workforce housing needs. The creation
of infill housing is consistent with Housing Element Policy Action 2E.
The streetscape and sidewalk improvements included in the project address the goals of the
Circulation and Mobility Element by facilitating pedestrian activity and connections
between major institutional, commercial, office, and entertainment destinations. The
project also provides dense housing in proximity to The City Drive South and Garden
Grove Boulevard which are major transit corridors with bus service, and the Santa Ana
River Trail Bikeway,which is a Class I (off-street)bikeway located to the southeast. These
factors contribute to the City's development of a multi-modal transportation network.
Finally,providing housing in proximity to employment, services, and transit also supports
the Natural Resources Element by establishing more efficient relationships between land
uses that encourage multi-modal travel and reduced dependence on traditional auto travel
and associated vehicle trips in pursuit of reduced air pollution emissions.
Conditional Use Permit Findings:
1. A Conditional Use Permit shall be granted upon sound principles of land use and in
response to services required by the community (OMC 17.10.030.F.1).
The project proposes a five- and six-story (63-75 feet) building height, which exceeds
the maximum allowable height of three stories (45 feet) in the UMU zone without
discretionary approval, due to its proximity to single-family residential development to
the south in the City of Santa Ana. The north portion of the building is six stories in height
75 feet), while the middle and southern portions are five stories (63 feet-4 inches),
allowing for better integration with the existing adjacent four and eight-story office
Resolution No. 11453 5
complex buildings, four-story office building to the east across The City Drive South, and
two-story apartments and single family residences to the south across Garden Grove
Boulevard in the City of Santa Ana. The single-family residences are not street facing and
are located approximately 106 feet from the southern footprint of the building. Alternating
wall planes,variations in building height,exterior materials,and balconies are incorporated
into the project design to break up the building's massing.A comprehensive landscape plan
for the development includes a variety of new trees (including street trees), shrubs, and
groundcover along the building perimeter,which help soften and screen the varied building
height and scale of the project from the adjacent single-family neighborhood across Garden
Grove Boulevard, The City Drive South frontage, and office complex interior.
In evaluating the request for the additional building height, a shade and shadow analysis
was performed to determine whether the project would block direct sunlight to adjacent
buildings and properties. As standard City practice, project impacts are considered
significant if a substantial number of shadow-sensitive uses/areas would be shaded by
project-related structures for two continuous hours or more on any given day during the
winter and summer solstice or the spring and fall equinox. Applying this threshold, no
shade-sensitive land uses or areas surrounding the Project site would be shaded for more
than two continuous hours on any day during the solstices or equinoxes. Therefore, shade
and shadow impacts would not constitute an impact.
The requested increased building height would allow the project to provide high density
innovative housing options, including workforce housing in 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 (OMC
17.10.030.F2).
The additional building height is not anticipated to create problems with the bordering land
uses or for the area. The project site is located at the northwest corner of Garden Grove
Boulevard and The City Drive South,which is zoned Urban Mixed Use. The project site is
also located within the West Chapman Avenue/Uptown Orange General Plan Focus Area,
located west of the SR-57 and south of SR-22, which is characterized by an eclectic mix
of contemporary architectural styles consisting of mid-rise office, senior housing, public
facilities/institutions(UCI Medical Center),multi-family residential,and commercial retail
uses.
To the north of the project site is the larger multi-building office complex, and three-story
hotel (Best Western Plus). Further north is West Park Central Avenue, a three-story senior
assisted living/memory care facility (Oakmont of Orange), and two-story multi-family
residential uses. To the south across Garden Grove Boulevard is a two-story apartment
development (Vista Del Rio), and one-story single-family residences in the City of Santa
Ma. To the east across The City Drive South, is a four-story office building, and the Santa
Ma River. To the west, is a two-story office building(3707 W. Garden Grove Boulevard),
duplex and multi-family residences, and South Park Vine Street.
Resolution No. 11453 6
The north portion of the building has been designed to be six stories in height (75 feet),
while the middle and southern portions are five stories (63 feet-4 inches). This varied
building height allows for better integration with the existing on site commercial office
buildings,four-story office building to the east,and two-story apartments and single family
residences to the south across Garden Grove Boulevard in the City of Santa Ana.The height
and scale of the project is well suited to the expansive widths of The City Drive South and
Garden Grove Boulevard.
To ensure that the project height would not create a shading/shadowing effect on adjacent
sensitive uses,the applicant has completed a Shade and Shadow Analysis that demonstrates
that the increase in building height will have no adverse impacts on surrounding properties.
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.E3).
There is no community or neighborhood plan for the area. As stated in the General Plan
finding, the project is consistent with and implements the General Plan by integrating
housing in an emerging higher density mixed-use district intended to take on a
neighborhood character of its own.
A shade and shadow analysis was performed to determine whether onsite buildings or
structures block direct sunlight from adjacent properties. Applying the threshold
described above as a standard City practice, no shade-sensitive land uses or areas
surrounding the Project site would be shaded for more than two continuous hours on
any day during the solstices or equinoxes. Therefore, shade and shadow impacts would
not constitute an impact.
4. A Conditional Use Permit, if granted, shall be made subject to those conditions necessary
to preserve the general welfare, not the individual welfare of any particular applicant
OMC 17.10.030.E4).
All project conditions maintain a purpose of preserving the general welfare of the City
and community. Conditions specifically serve to manage project construction, 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.
The request for additional building height for the new mixed-use apartment building has
been evaluated for compatibility of mass, scale, setbacks, design and materials with the
surrounding neighborhood. Standard conditions of approval related to construction of the
project,have been included in this Resolution. With implementation of these conditions of
approval, the proposed project will complement surrounding land uses and preserve the
general welfare.
Resolution No. 11453 7
Major Site Plan Review Findings:
1.The project design is compatible with surrounding development and neighborhoods OMC
17.10.060.H.1).
The project area located west of the SR-57 and south of SR-22, is characterized by an
eclectic mix of contemporary architectural styles consisting of mid-rise office, senior
housing, public facilities/institutions (UCI Medical Center), multi-family residential, and
commercial retail uses. The modern urban design and scale of the proposed project are
compatible with the eclectic character of the area and scale of surrounding buildings and
arterial streets.The streetscape improvements are intended to provide a friendly pedestrian-
oriented interface with the sidewalk for existing and anticipated patterns of pedestrian
activity in the area and encourage pedestrian linkage between the project and surrounding
uses.
2. Major 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 development conforms to City development standards, except for building
height,parking,and residential open space.The increased building height will be addressed
through approval of Conditional Use Permit No. 3138-21, and the parking and open space
deficiencies will be addressed through the approval of Administrative Adjustment No.
0051-21, which allow for a 48 space (10%) reduction in the required parking for the
commercial and residential components of the mixed-use development and 670 square foot
0.98%) reduction in residential open space for the project. Please refer to the
Administrative Adjustment findings below. The project site is not subject to any City
design guidelines or specific plans.
3. Major 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.H.3).
The project site consists of three parcels with reciprocal easements linking them for
purposes of shared vehicular access,utilities,water quality features,and emergency access.
Vehicular access is provided via a new traffic signal at an existing driveway and divided
two-way shared drive aisle from The City Drive South, and an existing shared driveway
along Garden Grove Boulevard, approximately 189 feet west of the intersection of Garden
Grove Boulevard and The City Drive South. These access points connect to interior drive
aisles that lead to subterranean parking spaces accessed on the west side, and parallel
surface spaces along the north and west sides of the mixed-use building.The proposed two-
story open parking structure provides vehicle ramp access from the west side of the
structure for existing office complex tenants and visitors. Vehicular access points have
been designed and were evaluated as part of the Traffic Impact Study.
Resolution No. 11453 8
The project utilizes vehicular access points that are designed to ensure safe circulation
conditions. The project incorporates streetscape improvements that reinforce the quality
and safety of the pedestrian experience. With adoption of Conditions of Approval and
mitigation measures, the proposed project provides for safe and adequate circulation.
4. Major Site Plan approval shall be granted if City services are available and adequate to
serve the project (OMC 17.10.060.H4).
As evaluated in Mitigated Negative Declaration No. 1875-21, the proposed project will
result in less than significant impacts to police, fire, recreation and or park services. The
project incorporates design features that address OMC requirements and building and
infrastructure systems that maximize safety and ensure adequate utility services to the site.
The applicant will be subject to payment of impact fees associated with schools, parks,
libraries, sewer,transportation, and Sanitation District fees.
5. Major Site Plan approval shall be granted ifthe project has been designed to fully mitigate
or substantially minimize adverse environmental effects (OMC 17.10.060.H5).
The proposed project includes project design features that minimize potential adverse
impacts to Biological Resources, Cultural Resources/Tribal Cultural Resources, Geology
and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, and
Transportation. Mitigation Measures are also included in the Mitigated Negative
Declaration and are considered Conditions of Approval.
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 17.10.070.G.3).
The project is neither located in a specific plan area nor an area of the City subject to design
standards. The West Chapman Avenue/Uptown Orange General Plan Focus Area, located
west of the SR-57 and south of SR-22,is characterized by an eclectic mix of contemporary
architectural styles consisting of mid-rise office, senior housing, public
facilities/institutions(UCI Medical Center),multi-family residential,and commercial retail
uses.The architecture and landscape design of the proposed project will revitalize the urban
fabric by replacing an existing retail building and surface parking lot with a distinctive,
larger scale, contemporary, mixed-use development that is in scale and integrates with
surrounding development along The City Drive South and Garden Grove Boulevard. The
project provides varied and articulated building elevations and streetscape enhancements
that provide an appealing pedestrian environment to encourage pedestrian activity and
linkage between the project and surrounding office,retail and residential uses. The project
presents an overall internally consistent and integrated design theme that upholds
community aesthetics.
Resolution No. 11453 9
Administrative Adjustment Findings:
1.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 (OMC
17.10.050.E.1).
The 10% reduction in required parking for the mixed-use development represents 48
parking spaces; 434 parking spaces will continue to be provided for the 225 apartment
units, related guest parking, and commercial component of the project. The proposed unit
sizes and leasing practices of the applicant will function to control the occupancy and
parking for the project. The associated parking per unit ratios reflect similar parking ratios
utilized for other similar-density apartment complexes in the western portion of the City
that have proven to adequately serve the residents of those complexes. Those past projects
are located on sites that share similar characteristics with the proposed project site, such as
on-site structured or podium parking and lack of on-street parking due to the prohibition
of parking related to the Major Arterial roadways.
A Parking Analysis conducted for the project that was based on industry standards
concluded that actual parking requirements for multifamily residential uses are found to be
significantly less than the City's OMC requirement. In addition, parking for the
commercial component of the project utilized a take-out restaurant parking rate which is
higher than a commercial retail rate. A condition of approval has also been included that
requires the ratio of take-out restaurant and retail area not to exceed the provided 41 parking
spaces for the commercial component of the project. In addition, due to the mixed-use
nature of the site, parking demand behavior will likely involve situations where residents
and office workers will walk between uses and only park once for multiple activities on
the site. Similarly, employees across The City Drive South will likely walk to adjacent
retail uses.
The proposed project is also located in an area that is well-served by public transit and
alternative transportation options. OCTA Bus Route 56 (Garden Grove to Orange) is
located at the southwest corner of the intersection of Garden Grove Boulevard and The
City Drive South.Additionally,a stop for Bus Route 57(Brea to Newport Beach)is located
110 feet east of the project site. Both bus stops are accessible from the site via crosswalks
on Garden Grove Boulevard and The City Drive South. A bus stop for Bus Routes 47 and
47A (Fullerton to Balboa) is located at the intersection of South Lewis Street and Garden
Grove Boulevard, 0.35 mile west of the project site. In addition,the Santa Ana River Trail
Bikeway is located approximately 291 feet east of the project site.Based on the information
provided in the parking study, the utilization of a higher parking rate for the commercial
component of the project, and proximity of the project to public transit and alternative
transportation options, it is anticipated that the proposed parking supply is adequate to
support the parking demand for the project.
The 0.98% reduction in open space for the project represents 670 square feet. With the
inclusion of the various residential common open space amenities, including, but not
limited to a fitness center, club house and lounge area, landscaped pool/spa courtyard,
Resolution No. 11453 10
passive open courtyard,private patios and balconies for the majority of the units,and quasi-
public open space areas that contribute to an active street environment, it is not anticipated
that the requested reduction of open space will negatively impact the project. In addition,
the project provides convenient pedestrian and bicycle access to the nearby Santa Ana
River Trail, which is an off-site recreational amenity in close proximity to the project.
2. Issuance of the permit does not compromise the intent of this code (17.10.050.E.2).
Granting of the Administrative Adjustment does not compromise the intent of the OMC
because the requested reductions continue to accommodate a functional and efficient site
plan and on-site circulation in conjunction with an urban infill housing product that is
intended by the Urban Mixed Use zoning.
SECTION 2—ENVIRONMENTAL REVIEW
Mitigated Negative Declaration No. 1875-21 has been prepared for this project to evaluate the
physical environmental impacts of the project, in conformance with the provisions of CEQA per
State CEQA Guidelines Section 15070 and in conformance with the Local CEQA Guidelines. The
City Council finds that the Mitigated Negative Declaration and associated Mitigation Monitoring
and Reporting Program contain an adequate assessment of the potential environmental impacts of
the proposed project.The City Council finds that the project will have less than significant impacts
to the environment, with the implementation of standard conditions and mitigation measures
addressing potential impacts to Biological Resources, Cultural Resources/Tribal Cultural
Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality,
Noise, and Transportation included in the Mitigated Negative Declaration.
SECTION 3—CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed with approval:
General:
1.These conditions shall be reprinted on the second page of the construction documents when
submitted to the Building Division for the plan check process.
2.The applicant shall comply with all conditions of approval contained within Planning
Commission Resolution No. PC 33-22 associated with Conditional Use Permit No. 3138-
21, Major Site Plan Review No. 1040-21, Design Review No. 5030-21, Administrative
Adjustment No. 0051-21, and Mitigated Negative Declaration No. 1875-21.
3.Within two days of final approval of this project,the applicant shall deliver to the Planning
Division a cashier's check payable to the Orange County Clerk in an amount required to
fulfill the fee requirements of Fish and Game Code Section 711.4(d) (2) and the County
administrative fee, to enable the City to file the Notice of Determination required under
Public Resources Code 21152 14 Cal. Code Regulations 15075. If it is determined that
Resolution No. 11453 11
there will be no impact upon wildlife resources, the fee shall be as required based on the
current fee schedule.
4.Within two days of final approval of this project, the applicant shall submit a $3,000.00
deposit to the Planning Division for the Mitigation Monitoring and Reporting Program.
Time spent by City staff to complete the project will be charged to the applicant. When
more than 50% of the deposit has been credited toward hourly services provided, the
applicant will be billed directly for actual time spent on the project. At the completion of
the project, a final accounting of deposit posted and amounts charged toward the project
will be calculated and any charges due to the City or refunds due to the applicant will be
processed.
5.The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents
and employees from any and all liability or claims that may be brought against the City
arising out of its approval of this permits, save and except that caused by the City's active
negligence. The City shall promptly notify the applicant of any such claim, action, or
proceedings and shall cooperate fully in the defense.
6.All construction shall conform in substance and be maintained in general conformance with
plans and exhibits (date stamped received January 27, 2023), including any modifications
required by conditions of approval, and as recommended for approval by the Design
Review Committee and Planning Commission. Any future expansion in area or in the
nature and operation of the use approved by Conditional Use Permit No. 3138-21, Major
Site Plan Review No. 1040-21, Design Review No. 5030-21, Administrative Adjustment
No. 0051-21,and Mitigated Negative Declaration No. 1875-21 shall require an application
for a new or amended Site Plan Review.
7.The project shall conform in substance and be maintained in general conformance with
plans and exhibits date stamped January 27, 2023. Any future changes to the project's
architectural or site design features approved by Conditional Use Permit No. 3138-21,
Major Site Plan Review No. 1040-21, Design Review No. 5030-21, Administrative
Adjustment No. 0051-21, and Mitigated Negative Declaration No. 1875-21 shall require
an application for a new or amended Design Review.
8.Except as otherwise provided herein, this project is approved as a precise plan. After any
application has been approved, if changes are proposed regarding the location or alteration
of any use or structure, a changed plan may be submitted to the Community Development
Director for approval. If the Community Development Director determines that the
proposed change complies with the provisions and the spirit and intent of the approval
action, and that the action would have been the same for the changed plan as for the
approved plan, the Community Development Director may approve the changed plan
administratively.
9.Subsequent modifications to the approved architecture and color scheme shall be submitted
for review and approval to the Community Development Director. Should the
Resolution No. 11453 12
modifications be considered substantial,the modifications shall be reviewed and approved
by the Design Review Committee.
10. Any modifications to the plans including, but not limited to, the landscaping and parking
I/
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. Should the modifications be considered substantial, the modifications shall be
reviewed and approved by the Planning Commission.
11. Any future expansion in area or in the nature and operation of the approved use by
Conditional Use Permit No. 3138-21, Major Site Plan Review No. 1040-21, Design
Review No..5030-21, Administrative Adjustment No. 0051-21, and Mitigated Negative
Declaration No. 1875-21 shall require new or amended applications.
12. The applicant shall comply with all federal, state, and local laws, including all City
regulations. Violation of any of those laws in connection with the use will be cause for
revocation of this permit.
13. Building permits shall be obtained for all construction work, as required by the City of
Orange, Public Works Department's Building Division. Failure to obtain the required
building permits may be cause for revocation of this entitlement.
14. All signage shall comply with OMC Chapter 17.36 — Sign Regulations. Prior to building
permit issuance, the applicant shall return before the Design Review Committee with the
final sign package, including wall graphics for review and approval.
15. If not utilized, project approval expires 24 months from the approval date. Extensions of
time may be granted, if requested in writing in accordance with OMC Section 17.08.060.
The Planning entitlements expire unless building permits are pulled within 24 months of
the original approval.
16. 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.
17. All other construction activities shall conform to the City's Noise Ordinance,OMC Section
8.24, and shall 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.
18. Prior to the operation of any 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 cause for revocation of this approval.
19. The ratio of take-out restaurant and retail square gross square footage shall not exceed the
requirement of 41 parking spaces.
Resolution No. 11453 13
20. Any new lighting on the premises shall be installed in such a way to direct, control, and
screen the lighting to prevent off site light spillage onto adjoining properties and shall not
be a nuisance to any point beyond the exterior boundaries of the property. Prior to
Certificate of Occupancy, the applicant shall contact the Orange Police Crime Prevention
Bureau and set an appointment on-site to test all lighting to ensure it meets OMC standards.
21. Prior to building permits, the applicant shall demonstrate to the satisfaction of the
Community Development Director that all mechanical and air conditioning equipment
shall be shielded and screened from view from adjacent streets and properties. The
screening shall be integrated architecturally with the building.
22. Prior to building permits, all required parking spaces shall be shown on construction
documents as double striped to City standards.
23. 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 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.
Prior to building permits,the applicant shall pay all applicable development fees,including
but not limited to: City sewer connection, Orange County Sanitation District Connection
Fee, Transportation System Improvement Program, Fire Facility, Police Facility, Park
Acquisition, Sanitation District, and School District, as required.
24. Prior to building permits, the applicant shall pay any outstanding monies due to the City
for Planning Division entitlement activities related to this project.
25. Prior to building permits, the applicant shall identify the precise location of existing walls
proposed for demolition, if applicable. If the location of the existing wall slated for
demolition is wholly or partially upon an adjacent property, the applicant shall secure the
property owner(s) approval to demolish and replace the wall. The applicant will be
responsible for any site repairs to walls damaged through demolition activity.
26. In conjunction with the operation of the business(es), all noise levels generated shall
conform to the levels allowed by the OMC.
27. Outdoor nonresidential uses in a mixed-use project that includes residential uses shall be
prohibited from operating between the hours of 10:00 p.m. and 6:00 a.m. Approval of a
Conditional Use Permit may modify these hours.
28. In conjunction with the operation of business(es), loading and unloading activities,
including refuse and deliveries shall occur in the designated loading zone between the
hours of 7:00 a.m. to 10:00 p.m. on any day of the week.
Resolution No. 11453 14
29. An owner's association shall be formed to ensure the well-being of each tenant and owner
in the mixed-use development. The association Covenants, Conditions, and Restrictions
CC&Rs) or an equivalent legal mechanism shall be subject to approval by the City
Attorney. The association's CC&Rs shall include the following in addition to any
requirements of the City Attorney:
a. Identification of maintenance responsibilities for landscaping, parking facilities,
and recycling and refuse storage facilities;
b. Relationship between uses regarding association representation;
c. Voting procedures; and
d. Procedures for solving problems that may arise between the different types of uses
or residents.
30. Residents, whether owners or tenants, of a mixed-use development shall be notified in
writing by the applicant before taking up residence that they will be living in an urban
environment and that the noise levels may be higher than a typical residential use.
31. The CC&Rs shall require that the residents acknowledge their receipt of the written noise
notification. Their signatures shall confirm receipt and understanding of this information.
32. The location and design of recycling and refuse storage facilities shall mitigate nuisances
from odors when residential uses may be impacted.
33. Parking facilities shall be separated for nonresidential uses and residential uses,except that
guest parking for the residential use may be shared with nonresidential uses of the project.
34. Prior to certificate of occupancy, all landscaping improvements shall be completed
according to the approved plans and to the satisfaction of the Community Development
Director.
35. In conjunction with the operation of the business(es) all loading and trash enclosure areas
shall be maintained and kept clean and free of debris.
36. In conjunction with the operation of the business(es) and apartments, 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 Major Site Plan Review application shall be
presented to the Planning Commission for its consideration of further conditions and
modifications.
37. Prior to building permits, final landscape and irrigation plans shall include a planting
legend that provides a symbol and name, quantity and size for plant material and more
detail indicating plant placement, location and spacing on plan.
Resolution No. 11453 15
38. All landscape areas shall be maintained in a neat and healthy condition. Should the plant
material die,the property owner/operator shall replace it with new plant material.
39. Prior to building permits, final landscaping plans for the project shall be designed to
comply with the City's Water Efficient Landscape Guidelines as described in Section IX
et al of the City of Orange Landscape Standards and Specifications. The project landscape
architect shall submit documentation certifying compliance with this requirement
Appendix B of the City of Orange Landscape Standards and Specifications) for review
and approval by the Community Development Director in coordination with the Public
Works Director.
40. 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
Appendix E of the City of Orange Landscape Standards and Specifications) for review
and approval by the Community Development Director, in coordination with the Public
Works Director.
41. Prior to building permits, 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 Community Development
Director, in coordination with the Public Works Director.
42. Landscape maintenance shall be performed in such a manner as to allow all trees to retain
their full canopy height for screening and full canopy breadth for shade at point of maturity,
except as required for public safety purposes.
43. Prior to building permits, 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.
44. Prior to building permits,the final landscape plan shall include a note that a fully automated
irrigation system will be provided.
45. Prior to building permits,landscape plans shall include landscape area calculations needed
for State landscape water use reporting.
46. Prior to certificate of occupancy, all parking lot and landscaping improvements shall be
completed according to the approved plans and to the satisfaction of the Community
Development Director.
47. Prior to building permits,the applicant shall prepare a final landscaping and irrigation plan
consistent with the grading plans, site plans, and the conceptual landscaping plan as
Resolution No. 11453 16
proposed for the project for the review and approval of the Community Development
Director, in coordination with the Public Works Director.
48. Prior to building permits, a Tree Removal Permit shall be approved by the Community
Services 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.
49. Prior to building permits,all landscaping located within public areas shall be shown on the
landscape plans and 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.
50. Prior to certificate of occupancy, the applicant shall demonstrate to the Community
Development Director that no fees shall be charged to apartment complex tenants for
parking or storage.
51. In conjunction with the operation of the project, the applicant/property owner shall be
responsible to maintain the property to a level deemed adequate by the Community
Development Director. This includes, but is not limited to, the buildings, landscape on-
site, recreational facilities, trash areas, signage, utilities, property walls, and gates. Any
graffiti on the property shall be removed within 72 hours from the time the City of Orange
Notice of Violation is received by the applicant/property owner.
52. 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 and show the proposed structural storm water
treatment BMPs incorporated into the project.
Mitigation Measures:
53. All project mitigation measures identified in Mitigated Negative Declaration No. 1875-21
and in the associated Mitigation Monitoring Reporting Program shall be incorporated as
conditions of approval and shall be implemented as described in Mitigated Negative
Declaration No. 1875-21 (Attachments 6, 7, and 8 in the Staff Report).
Design Review Committee:
54. Prior to building permits, landscape plans submitted for plan review shall show that the
landscape treatment between the proposed podium wall that runs parallel to the City Drive
South will be broken up into landscape zones, and the zone that runs adjacent to the pool
courtyard will contain minimum 20-foot tall trees arranged in an aesthetically pleasing way
pursuant to the Landscape Architect's design.The proposed landscaping that was presented
in the addendum,dated December 5,2022,that contains hedges,will remain at the northern
and southern ends of the wall.
Resolution No. 11453 17
55. Prior to building permits,building plans submitted for plan review shall show that the stone
cladding proposed on the building is limited to two stories of the building with the
exception of the area adjacent to the entrance "T".
56. Prior to building permits, building and civil plans submitted for plan review shall show
larger tree wells with grates for the street trees to enhance the pedestrian environment and
the tree wells shall be as large as permissible by OMC clearance requirements.
57. Prior to building permits, building plans submitted for plan review shall show the
installation of screening to ceiling mounted lights in the new stand-alone parking structure
that includes the addition of a lip to the façade edge of approximately one foot.
58. Prior to building permits, landscape plans submitted for plan review shall show tall palm
trees planted against the tall blank wall on the northeast tower element of the project,
adjacent to the proposed murals.
59. Prior to certificate of occupancy, any existing trees that are damaged during construction
shall be replaced with similar stature trees.
Fire Department:
60. Plans submitted for Building Plan Review 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. Onsite fire department access and reciprocal access agreement (if
applicable)will require easement recording prior to issuance of a rough grading permit and
shall be reviewed by the Fire Department prior to approval.
Police Department:
61. At the time of building permit plan check, the parking structures will be required to meet
all Crime Prevention through Environmental Design(CPTED) standards as adopted by the
Police Department.
62. • Prior to building permits, construction plans shall show that all structures shall comply •
with the requirements of OMC Chapter 15.52 Building Security Standards, which relates
to the use of specific hardware,doors,windows, lighting,etc. Architectural drawings shall
include sections of the OMC that apply under "Security Notes". An"Approved Products
List 1/08"of hardware, windows, etc. is available upon request.
63. Prior to building permits, security and design measures that employ Defensible Space
concepts shall be utilized in development and construction plans as described in the City
of Orange Building Security Guidelines. These measures incorporate the concepts of
CPTED, which involve consideration such as placement and orientation of structures,
access and visibility of common areas, placement of doors, windows, addressing and
landscaping.
Resolution No. 11453 18
64. Prior to building permits, all exterior pedestrian gates shall be constructed of open/see
through fencing material.
65. Prior to building permits, open sections on the north, south, and east sections at ground
level shall have wrought iron type fencing or security mesh screening. Pedestrian gates
constructed of open/see through material shall be installed at pedestrian access points.
66. Prior to building permits, parking garages, underground walkways and any covered areas
of a parking lot shall be provided with a minimum maintained 3-5 foot-candles of light on
the parking surface.
67. Prior to building permits, interior walls of the subterranean parking structure shall be
painted or stained a light color to improve illumination.
68. Prior to building permits, the subterranean parking structure design shall create openness
by utilizing high ceilings and long-span construction.
69. Prior to building permits, open parking lots shall be provided with a maintained minimum
of one foot-candle of light on the parking surface.
70. Prior to building permits, storage modules shall utilize the following door and hinge
materials:
a.Swinging exterior doors: HM= 16 ga., or SC wood= 1 3/4"thick.
b. Exterior door to have 1" bolt projection. One motion, lever handled, deadbolt
function required.
c.Non removable exterior hinge pins (NRP) required on out swinging doors.
71. Prior to building permits, exterior stairwells for the two-story open parking structure shall
include risers made of open/see through material. Exterior stairwells without open/see
through risers create ambush points.
72. Prior to building permits, elevator cabs shall have shatter resistant mirrors or other equally
reflective material placed in a position that maximizes visibility into the cab from lobby
areas.
73. Prior to certificate of occupancy, there shall be positioned at each entrance of the mixed
use building an illuminated diagrammatic representation of the complex which shows the
location of the viewer and the unit designations within the complex(OMC 15.52.080. B.2)
74. Prior to building permits, a construction site security plan shall be submitted to the Crime
Prevention Bureau prior to the start of construction.
75. Prior to submitting building plans for plan check, an address and photometric lighting plan
shall be submitted to the Crime Prevention Bureau for approval.
Resolution No. 11453 19
76. 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.
Water Quality:
77. Prior to grading permits,the applicant shall submit a Priority Project WQMP for review
and approval to the Public Works Department that:
a.Prioritizes the use of Low Impact Development principles as follows: preserves
natural features; minimizes runoff and reduces impervious surfaces; and utilizes
infiltration of runoff as the method of pollutant treatment. Infiltration BMPs to be
considered include the use of permeable materials such as concrete and concrete
pavers, infiltration trenches, infiltration planters, and other infiltration BMPs as
applicable,
b.Incorporates the applicable Site Design, Routine Source, Structural Control and
Low Impact BMPs as defined in the Model 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 two-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 five years).
Resolution No. 11453 20
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.
78. 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.
79. 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.
80. Prior to building permits,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.
81. 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.
82. Prior to grading permits (including grubbing, clearing, or paving permits) the applicant
shall demonstrate that coverage has been obtained under the State's General Permit for
Storm Water Discharges Associated with Construction Activity (General Construction
Permit for all projects with soil disturbance greater than one acre) by providing a copy of
the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a
copy of the subsequent notification of the issuance of a Waste Discharge Identification
WDID) Number or other proof of filing. A copy of the current Storm Water Pollution
Prevention Plan required by the General Permit shall be kept at the project site and be
available for review by City representatives upon request.
83. Prior to recordation of the final map, a copy of the project's CC&Rs shall be provided to
the Public Works Department for review and approval that include requirements for
Resolution No. 11453 21
maintenance and funding of the project's structural and treatment water quality BMPs as
approved by the City in the project's WQMP.
84. For those food service establishment projects installing Grease Interceptors: Prior to
building permits, the applicant shall identify the location of the grease interceptor and
provide evidence to the Building Official that the design meets and is consistent with the
City's latest adopted building codes.
85. Prior to City approval of the landscape plans, the applicant shall review the approved
WQMP and ensure the proposed landscape plans are consistent with the project grading
plans.The plans must show the proposed storm water treatment BMPs such as bioretention
planters, drywells,permeable pavers, and any other proposed surface water quality BMPs.
Water Division:
86. Prior to building permits, the fire service off of Garden Grove Boulevard that is a buried
single check shall be upgraded to an above ground backflow prevention device.
87. Prior to grading permits,the applicant shall provide grading and utility plans that show the
upgrade of the 8" Cast Iron Pipe(CIP) along Garden Grove Boulevard and The City Drive
South to 12-inch diameter water main. Garden Grove Boulevard limits: Easterly property
line of 3707 W Garden Grove Boulevard to The City Drive South. The City Drive South
limits: Garden Grove Boulevard to driveway that is south of 720 The City Drive South.
Completion of the water main upgrade shall be prior to above grade vertical construction.
88. Prior to building permits, 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.
89. Prior to building permits, the applicant shall be responsible for the installation and/or
relocation of the proposed or existing public water system facilities to a location and of a
design per the improvement plans approved by the Water Division.
90. 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.
91. Prior to building permits, the Water Division shall approve the type and location of
landscaping and fire service (backflow prevention) device for proposed City services.
92. Prior to building permits, construction documents shall show a minimum 20-foot
separation from the public water system facilities to the proposed/existing buildings and
structures per the City of Orange Standard Location of Undergrounding Utilities Standard
and as approved by the Water Division.
Resolution No. 11453 22
93. Prior to building permits, construction documents shall show that a six-foot minimum
horizontal clearance and a one-foot minimum vertical clearance will be maintained
between City water mains, laterals, services, meters, fire hydrants and all other utilities
except sewer. The Water Division shall review and approve the construction documents.
94. Prior to building permits, construction documents shall show that an eight-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.
95. Prior to building permits,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.
96.. Prior to building permits 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.
97. 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.
98. Prior to approval of the water improvement plan, the applicant shall furnish a dedicated
and graded 15-foot minimum unencumbered access and utility easement that will be
contiguous to an existing City right-of-way and/or easements as determined by the Water
Division for all existing City water facilities that will remain and all proposed City water
facilities, including main meters, detector checks and fire hydrants. The applicant shall
enter into a Grant of Easement and Agreement with the City as approved by the Water
Division.
99. Prior to grading permits, 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.
100. 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.
101. 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.
Resolution No. 11453 23
102. 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.
103. Prior to certificate of occupancy, the applicant shall furnish and install individual pressure
regulators on new services where the incoming pressure exceeds 80 pounds per square
inch.
Subdivision:
104. Prior to building permits, a Lot Line Adjustment to remove existing lot lines in conflict
with the proposed mixed-use building shall be prepared and recorded. Subsequent grant
deed or quitclaim deed shall be prepared and recorded by property owner to convey the
property(ies).
105. Prior to building permit issuance, fire access easements approved by the Fire Department
are required. The fire access easement running south-north off Garden Grove Boulevard
encroaches on the westerly adjacent parcel. Property owner(s) where the fire access
encroaches shall dedicate the required easement.The easement shall include a hammerhead
or bulb out for turnaround per Fire Department requirements and shall be approved by the
Fire Department.
106. Prior to building permit issuance, the applicant shall secure and dedicate to the City
easements for poles, detection devices, and appurtenances from the property owner of the
east leg of the proposed traffic signalization.
107. Prior to building permits, the applicant shall submit and receive City approval of a
reciprocal driveway access, utility access, and surface stormwater cross-lot drainage
agreement between the parcels. The documents shall subsequently be recorded against the
properties.
108. Prior to grading permits, the applicant shall relinquish all existing utility easements in
conflict with proposed improvements, including but not limited to the existing sewer
easement that will be in the proposed building footprint.
109. Prior to grading permits, the applicant shall resolve the existing Edison easement on-site
running along the south side of the property that may conflict with the proposed parking
structure at the same location.
110. Prior to grading permits, all works within the public right-of-way and public utility
easements will require encroachment permits, including sidewalk and driveway
constructions and utility main and lateral constructions.
Resolution No. 11453 24
111. Prior to grading permits, all public infrastructures, including street sections, sidewalk,
driveway apron, and utilities shall comply with the City of Orange Standard Plans and
Specifications.
112. 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.
113. Prior to certificate of occupancy, the applicant shall reconstruct the corner access ramp at
the northeast corner of The City Drive South and Garden Grove Boulevard conforming to
Public Works Engineering Standard Plan 121 Type 1.
114. Prior to certificate of occupancy, the applicant shall remove unused driveway approaches
and restore them to full height curb and gutter, including any sidewalk restoration at the
driveway apron.
115. Prior to grading permits, driveway aprons shall conform to Public Works Standard Plan
115 for commercial driveway with ADA accessibility.
116. Prior to grading permits, all driveway approaches shall conform to ADA standards for
wheelchair access conforming to Public Works Standard Plans 115 and 116.
117. Prior to certificate of occupancy, an unobstructed pedestrian access way of five feet width
shall be maintained at all times for the sidewalk. The unobstructed access shall increase to
six feet when there is no planting strip between the sidewalk and the street curb.
118. Prior to certificate of occupancy, the applicant shall provide adequate wheelchair
accessibility around driveway aprons that do not conform to current ADA standards.
119. Prior to certificate of occupancy, the applicant shall repair any cracked, uneven, or
damaged public sidewalk, curb, and gutter along property frontages.
120. Prior to certificate of occupancy, the applicant shall install new streetlights, or upgrade
existing streetlights along the property adjacent to the City Drive South and Garden Grove
Boulevard as required by City of Orange Traffic Division. Please contact Jimmy Rocha at
714) 532-6470.
121. Prior to certificate of occupancy,the applicant shall install street trees along The City Drive
South and Garden Grove Boulevard as required by the City Tree Services Coordinator,
Micah Jean (714) 532-6470. A Maintenance Agreement is required to establish that the
property owner will be responsible for the maintenance and care of the City street trees and
corresponding irrigation system.
122. Prior to certificate of occupancy, the sanitary sewer system connecting from the buildings
to the public mainline shall be private and maintained by the property owner.
Resolution No. 11453 25
123. Prior to grading permits,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 maybe required to include Phased Erosion and Sediment Control
Plans, Site Demolition Plan, and Utility Plan as parts of the grading plan.
124. Prior to grading permits, plans preparation and submittals shall be per Development
Services Plan Preparation Guidelines and Checklist,and Checklist for Submittal Packages.
125. Prior to grading permits, a geotechnical report shall accompany the grading plan review.
126. Prior to grading permits, a Hydrology Study/Report or Drainage Assessment Letter shall
be submitted for review and approval by the Public Works Department. 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.
127. Prior to grading permits, 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.
128. Prior to the start of any site demolition, clearing and grubbing,the applicant shall obtain a
grading permit from the Public Works Department .
129. Prior to grading permits, any soil imported or exported shall require a Transportation
Permit from the Public Works Department, Traffic Division.
130. Prior to grading permits and the import or export of soil exceeding 30,000 cubic yards ,
approval by the City Council is required . A dirt haul route shall be approved by the City
Council and the travel path is subjected to pavement deterioration evaluation per OMC
Section 10.67.030.B.
131. Upon submittal of grading plan for plan check,the applicant shall submit a deposit to cover
plan check and inspection services related to the grading activities.
132. Prior to grading permits, 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 four 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 the Building
Division.
Resolution No. 11453 26
133. Prior to grading permits, any grading outside of the owner's property boundary shall
require the applicant to either obtain temporary construction easements or permission by
adjacent property owners in a form suitable to the Public Works Director.
134. Prior to grading permits, trash receptacle locations and details shall be included on the
grading plan. The trash storage area shall be constructed per Public Works Department
Standard Plan 409.
135. Prior to grading permits, the applicant shall show all sewer and storm drain lines on the
grading plan. Other utility lines, such as water lines may also be shown on the grading plan
for reference.
136. Prior to grading permits, the applicant shall show all structural BMPs for water quality
purposes on the grading plan. Water quality features shown on the grading plan shall match
the WQMP.
137. Prior to grading permits, any direct storm water discharge into Orange County Flood
Control (OCFD) channels shall require a permit from OCFD.
138. Prior to grading permits, the property owner shall maintain in good condition, all on-site
driveways where heavy-duty trucks would travel.
139. Prior to grading permits, prior to building foundation construction, a Certificate Letter of
Line and Grade shall be submitted to the Public Works Department Construction Inspector
demonstrating that the site grading and pad elevation are completed according to the
grading plan.
140. Prior to building permits, the applicant shall submit an address number request, including
an addressing plan,to the Public Works Department for review and approval.
141. Prior to certificate of occupancy, an address shall be required for the equipment structure.
Address numbers shall be illuminated, contrasting in color, and between six and 12 inches
in height.
142. Prior to certificate of occupancy,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 six inches in height and be of a color
contrasting to the background. In addition, any business which affords vehicular access to
the rear through any driveway,alleyway or parking lot shall also display the same numbers
on the rear of the building.
Remainder ofpage intentionally left blank; signatures on next page.]
Resolution No. 11453 27
ADOPTED this 9th day of May 2023.
Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
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 9th day of May 2023, by the following vote:
AYES:COUNCILMEMBERS: Barrios, Dumitru, Tavoularis, Bilodeau, Gutierrez,
Gyllenhammer and Slater
NOES:COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
H
Pamela Coleman, City Clerk, City of Orange
Resolution No. 11453 28