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2022 PC 02-22 ORION SENIOR HOUSINGCONDITIONAL USE PERMIT NO. 3146-2I MAJOR SITE PLAN REVIEW NO. IO47.2I DESIGN REVIEW NO. 5042-2I RESOLUTION NO. PC 02-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGB APPROVING CONDITIONAL usE PERMIT NO. 3146-21, MAJOR SITE PLAN RBVIBW NO. 1047-21, DESIGN REVIEW NO. 5042-21, AND A DENSITY BONUS WITH AFFORDABLE HOUSING CONCESSIONS AND WAIVBRS TO DEVELOPMENT STANDARDS TO REDEVELOP AN EXISTING REHABILITATION CENTER SITE WITH A NEW 166. UNIT AFFORDABLE SENIOR CITIZEN APARTMBNT COMPLEX AND RBLATED SITE IMPROVEMENTS, LOCATED AT 18OO E. LA VETA AVENUE/s8s S. TUSTIN STREET APPLICANT: USA PROPERTIES FUND INCORPORATED _ LEATHA CLARK Moved by Commissioner Glasgow and seconded by Commissioner Martinez that the following Resolution be adopted: WHEREAS, the Planning Commission has authority per Orange Municipal Code (OMC) Table 17.08.020, and Sections 17.10.030.C and 17 .13.030 to take action to grant or deny Conditional Use PermitNo. 3146-21, Major Site Plan ReviewNo. 1047-21, Design ReviewNo. 5042-21, and a density bonus with affordable housing concessions and waivers to development standards to redevelop an existing rehabilitation site with a new 166-unit affordable senior citizen apartment complex and related site improvements, located at 1800 E. La Veta Avenue/585 S. Tustin Street; and WHEREAS, Conditional Use Permit No. 3146-21, Major Site Plan Review No. 1047-21, Design Review No. 5042-21, and a density bonus with affordable housing concessions and waivers to development standards were filed by USA Properties Fund Incorporated - Leatha Clark in accordance with the provisions of the OMC; and WHEREAS, Conditional Use Permit No. 3146-21, Major Site Plan Review No. 1047-21, Design Review No. 5042-21, and a density bonus with affordable housing concessions and waivers to development standards were processed in the time and manner prescribed by state and local law; and WHEREAS, Conditional Use Permit No. 3146-21, Major Site Plan Review No 1047-27, Design Review No. 5042-21, and a density bonus with affordable housing concessions and Resolution PC 02-22 Page 2 of25 waivers to development standards are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15332 (Class 32 - Infill Development Projects), as detailed in Section2; and WHEREAS, the Planning Commission conducted one duly advertised public hearing on March 7,2022, at which time interested persons had an opportunity to testify either in support of or opposition to Conditional Use Permit No. 3146-21, Major Site Plan Review No. 1047-21, Design Review No. 5042-21, and a density bonus with affordable housing concessions and waivers to development standards upon property described below: 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 2 OF PARCEL MAP NO. 93.188, AS SHOWN ON A MAP FILED IN BOOK 280 PAGES 39 40 AND 4T OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. For conveyancing purposes only: APN 390-322-15 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves Conditional Use PermitNo.3146-21, Major Site Plan ReviewNo. 1047-21, Design ReviewNo. 5042-21, and a Density bonus with affordable housing concessions and waivers to development standards to redevelop an existing rehabilitation site with a new 166-unit affordable senior crtizen apartment complex and related site improvements, 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 Generol Plan. The proposed project supports the goals of the existing General Plan Housing Element and Land Use Element by fulfilling a range of housing density and type to meet the diverse needs and lifestyles of residents; removes governmental constraints to housing development through the use of concessions and waivers; and, provides a housing option for Orange's aging population which was identified in the needs assessment in the Housing Element. The project provides housing to Low- and Very-Low income households. The new units contribute to the City's identified Regional Housing Need Allocation (RHNA) at the lower income household levels. Additionally, the project supports the goals of the Circulation and Growth Management Elements with the placement of residential uses in close proximity to public transit, jobs, and services. The project also supports the goals of the Urban Design Element by providing contextually appropriate infill development along the Tustin Street corridor. 1 Resolution PC 02-22 Page 3 of25 Conditional Use Permit Findings: A Conditional (Jse Permit shqll be granted upon sound principles of land use and in response to services required by the community (OMC 17.10.030.F.I). The granting of this Conditional Use Permit is based upon sound principles 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 adjacent land uses. The affordable senior apartment project is located along a residential and commercial corridor next to a 76 Gas Station and 7-Eleven convenience store and multi-family housing. Resident-serving uses in proximity to the site include service and commercial uses, public transit, Santiago Creek Trail, and the interchange between the State Route (SR) 55 and SR 22 Freeways. The proposed project supports the goals of the existing General Plan Housing Element and Land Use Element by fulfilling a range of housing density, affordability, and types to meet the diverse needs and lifestyles of residents; removes governmental constraints to housing development through the use of affordable housing provisions of State law; and, provides an affordable housing option for Orange's aging population which was identified in the needs assessment in the Housing Element. A Conditional (lse Permit shall not be granted f it will couse 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 site is surrounded by multi-family residential development to the north, east, and west, and a combination of commercial and multi-family residential development to the south. The project is designed with sensitivity to community aesthetics. The architecture utilizes a consistent and repetitive theme of colors, materials, shapes, and forms. The l0 to 12- foot setback of Building 3 along Tustin Street with enhanced landscaping will integrate the building with the streetscape. While the 4-story building height of 53 feet is not typical for the Tustin Street corridor and surrounding area, there are existing 4-story senior apartment complexes located directly west across Tustin Street (Harmony Creek Senior Apartment Homes) and adjacent to the project (Chestnut Place) along Fairway Drive that integrate with the height and massing of the project. 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. The site layout includes three L-shaped buildings with adjacent open community spaces that are located a fair distance away from existing surrounding uses. Building I (closest to the east property line) has been designed with a 2-story eastern elevation to be sensitive to the existing one-story apartments on the adjacent property. In addition, existing mature trees located along the northeast property line provide visual separation between the building mass and the residents to the east. 2 Resolution PC 02-22 Page 4 of25 J The proposed site layout will not interfere with parking or drive aisles on the adjacent properties, or change fire or refuse service access on any of the bordering properties. A Preliminary Traffic Analysis was submitted by the applicant's consultant and deemed acceptable by the City's Traffic Engineer. A Conditional (Jse Permit must be considered in relationship to its ffict on the community or neighborhood plan fo, the areo in which it is located (OMC I 7. 10.030. F.3). 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. The new affordable senior housing project will replace an aging and outdated rehabilitation center facility with a use that will better serve the community. The new buildings and associated landscaping improvements generally satisfy the development standards for the Residential Multiple Family (R-3) zone. The project brings a contemporary character to an area comprised of residential and commercial buildings dating from 1960's through the 1990's. The proposed landscaping will complement the project design and will refresh and integrate well with landscaping along Tustin Street, La Veta Avenue, and Fairway Drive. All right-of-way improvements including accessibility requirements 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. A Condttional Use Permit, rf granted, shall be mode subject to those conditions necessary to preserve the general welfare, not the tndividual 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, provide for site maintenance, address water quality, accommodate disabled person site access, protect or improve the public right-of-w&y, protect or improve utilities and accommodate aesthetics. Major Site Plan Review Findings: The project design is compatible with surrounding development and neighborhoods OMC r7.10.060.H.1). The project incorporates a contemporary architectural design that utilizes a consistent and repetitive color theme, high quality materials, shapes and forms that are comparable to surrounding buildings, and incorporate elements that respond to the site's topography, neighborhood adjacency, and street presence. The project includes appropriate setbacks, provides an integrated landscape theme, uses landscaping to buffer massing of the project from surrounding uses, provides for adequate on-site circulation and parking, and 4 I Resolution PC 02-22 Page 5 of 25 2 presents no conflicts with surrounding uses, including traffic Major Site Plan opproval shall be granted f the project conforms to City development standords and any applicable special design guidelines or specific plan requirements (oMC 17.10.060.H.2). With the utilization of the affordable housing provisions of state law, the project conforms to the City Development Standards of the Residential Multiple Family (R-3) zone including: lot size, lot coverage,lot frontage, lot depth, setbacks, distance between structures, recreational amenities, storage, landscaping, bicycle parking, utilities, and trash enclosures. Without the applied concessions and development standard waivers, the plan would not comply with the R-3 zone Development Standards for building height and number of stories, density, parking, unit size (one-bedroom units), usable and common open space, loading area, motorcycle parking and fence height within the front yard setback. These items are allowed under the Density Bonus provisions of OMC Chapter 17.15 and California's State Density Bonus Law, codified in the California Government Code at Sections 65915-65918 for an affordable housing development. There are no special design guidelines or specific plans for the site. As stated in the General Plan finding, the project implements the General Plan. Major Stte Plan approval shall be granted f the project provides for safe and adequate vehicular and pedestrian circulation, both on- and offsite (OMC 17.10.060.H.3). Access to the site would occur from La Veta Avenue and Fairway Drive. As determined by the Fire Department and Public Works Department Traffic Division staff, under the proposed design, all site tenants, occupants, service providers, waste hauling vehicles and, emergency service vehicles will be able to safely and adequately access the site. The project does not affect any level of service for streets in the vicinity of the project as documented in the traffic analysis generated for the project. Major Site Plan approvol shall be granted if City services ore 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. Major Site Plan opproval shall be granted f the project has been designed to fully mitigate or substantially minimize adverse environmental efficts (OMC 17.10.060.H.5). No adverse environmental effects were identified resulting from project implementation. The project was reviewed against the criteria for a Categorical Exemption. The proposed project is categorically exempt from the provisions of CEQA per State CEQA Guidelines 15332 (Class 32 In-fill Development Projects) as detailed in Section 2 of this J 4 5 1 Resolution PC 02-22 Page 6 of 25 Resolution. Additionally, traffic, noise, air quality, public services, and utility assessments were prepared for the project and concluded that the project would not result in impacts, supporting the Class 32 exemption. The OMC will adequately manage construction and use regulation needs of the project. Desisn Review Findinqs: 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 requiredfindings (OMC 17.10.070.G.3). The consistent architectural design of the buildings, including colors and materials, brings a contemporary aesthetic to an area that is characterized by an eclectic mix of commercial and multi-family residential development dating from the 1960' s through the 1990's. The2 and 4-story building height and massing integrates with the adjacent 3 and 4-story Casas Del Rio and Chestnut Place senior citizen housing developments, and the 4-story Harmony Creek Senior Apartment Homes to the west across Tustin Street. The 2- story building height along the eastern edge of Building I takes into consideration the adjacent l-story multi-family residential project to the east. The proposed landscape design, project lighting, and signage will enhance the architectural aesthetics of the contemporary residential development, and will contribute to the integration of the project with the surrounding development along Tustin Street, La Veta Avenue, and Fairway Drive. Streetscape enhancements complement the design of the buildings and provide an appealing pedestrian environment to encourage pedestrian activity and linkage between the project and surrounding commercial and residential uses. The new senior apartment project will not only provide an updated feel along Tustin Street, La Veta Avenue, and Fairway Drive, but it will also replace an aging, underutilized rehabilitation facility with an alternative project that will benefit the community. The project presents an overall internally consistent and integrated design theme that upholds community aesthetics. There are no adopted specific plans or design standards applicable to this site. Incentives/ Waivers and Reductio 1 The application for concessions and incentives meets the threshold requirements of the definition of concessions and incentives set forth in Section 17.I5.020, in particttlar, they result in identifiable, financially sfficient, and actual cost reduction for the housing development. Concessions for building height and stories, private and common open space, and unit size, will provide the development with a greater number of units without compromising area for recreational amenities and landscaping. These concessions will ultimately allow the project to be profitable by allowing enough additional rental unit income to make the project viable, which may not be able to occur under standard OMC requirements. Resolution PC 02-22 Page 7 of 25 2 Furthermore, OMC Section 17.14.100 would otherwise allow the Planning Commission to grant a Conditional Use Permit for greater height and stories. The incentives and concessions ore required in order to provide for affordable housing costs or for affordable rents for the lower income density bonus units proposed by the applicant. The cumulative whole of the concessions will help to maximize the number of units provided which will facilitate affordability for the entire project. Without concessions for building height and stories, private and common open space, and unit size, fewer units for seniors would result which would not make the project financially viable. The project would not have ony specific adverse impact, os defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health, safety or the physical environment, and for which there is not feasible method to satisfactorily mitigate or avoid the specific adverse impact. There is no adverse impact on public health or safety as a result of the project. There are no state or federal laws that the project conflicts with. The project site and surrounding properties are not designated for agriculture or resource preservation. The project is consistent with the General Plan and zoning ordinance. The project would not have an adverse impact on any real property that is listed in the Califurnia Register of Historical Resources. The subject site and adjacent properties are not listed in the California Register of Historical Resources. A Historic Resources Assessment of the existing rehabilitation center building and residence was conducted for the project. After documentary research, site analysis, development of historical background, and evaluation against federal and state eligibility criteria, the Assessment concluded that the subject property, including the rehabilitation center building and residence is not eligible for listing in the National or California Registers and does not meet the definition of historical resources under CEQA. The project would not have an adverse ffict on any reol property that qualifies for inclusion in a local, stote or federal listing of historically signfficant resources. An adverse ffict is found when a project eligible fo, , density bonus may alter, directly or indirectly, any of the characteristics of any real property that qualifies for inclusion in a local, state or federol listing of historically significant resources in a manner that would diminish the integrity of the property's location, design, setttng, materials, worlcrnanship, feeling, or ossociation. The buildings within the project vicinity have not been identified as eligible for inclusion in any listing per the City's most recent historical resources survey in 2005. A Historic Resources Assessment of the existing rehabilitation center building and residence was conducted for the project. After documentary research, site analysis, 3 I j Resolution PC 02-22 Page 8 of 25 6 development of historical background, and evaluation against federal and state eligibility criteria, the Assessment concluded that the subject property, including the rehabilitation center building and residence is not eligible for listing in the National or California Registers and do not meet the definition of historical resources under CEQA. Because the project site is located within high sensitivity areas on the City's General Plan pre-historic and historic archaeological sensitivity maps, an Archaeological Report was conducted. The Report indicated that no archaeological resources that require further consideration were identified on the site as a result of a pedestrian survey. In addition, a records search revealed that the project area had not been previously surveyed and no resources had been previously recorded. A California Native American Heritage Commission (NAHC) Sacred Lands File search; however, yielded a positive result. The Gabrieleno Band of Mission Indians - Kizh Nation responded to the environmental consultant's information query letter expressing concern about the project area. The project site is also in a location that has been identified as being archaeologically sensitive due to its proximity to Santiago Creek. As such, the Report provided archaeological monitoring recommendations during ground disturbing activities. These recommendations are included as conditions of approval for the project. The development stondard being waived would otherwise preclude or inhibit the construction of the houstng development with the density bonus to which the housing development ls entitled and that ore needed to make the housing development e c onomic ally fe as ibl e. Without the waivers for motorcycle parking and loading area building footprints would need to be smaller and fewer units for seniors would result which would not make the project financially viable. A waiver for fence height within the front yard setback ensures security for the senior community and rentability of the units. The project meets the threshold requirements of the definition of awaiver or reduction as defined in Orange Municipal Code Section 17.15.020. OMC Section 17 .15.020 defines Waivers and Reductions as "Modifications to development standards that would otherwise preclude construction of the housing development with the density bonus and concessions and incentives to which the housing development is entitled and that are needed to make the housing development economically feasible." The project provides affordable senior housing units. The development standard waivers are needed per the justification in the above finding. Without the waivers for motorcycle parking and loading area, building footprints would need to be smaller and fewer units for seniors would result which would not make the project financially viable. A waiver for fence height within the front yard setback ensures security for the senior community and rentability of the units. 7. a. b. c. d. e Resolution PC 02-22 Page 9 of25 SECTION 2 _ ENVIRONMENTAL REVIEW Categorical Exemption: The proposed project is categorically exempt from the provisions of CEQA per State CEQA Guidelines 15332 (Class 32 - Infill Development Projects) because the project meets the following criteria: With the allowed density bonus, the project is consistent with the existing General Plan designations, General Plan policies, applicable zoning designations and regulations. The project is in the City on a site less than five acres and is substantially surrounded by urban uses. The project site has no value as habitat for endangered, rare or threated species. The project has been evaluated for significant effects relating to traffic, noise, air quality, and water quality and no significant effects have been identified. The site would be adequately served by all required utilities and public services. Traffic, noise, air quality, public services, and utility assessments were prepared for the project and concluded that the project would not result in impacts, supporting the Class 32 exemption. In addition, the project would not trigger any exceptions from State CEQA Guidelines 15300.2 based on location, cumulative impacts, significant effects, location near a scenic highway, location on a hazardous waste site, or causing substantial adverse change to a historical resource because the project is not on an environmentally sensitive site, does not contribute to cumulative impacts, will not have a significant effect on the environment, is not near a scenic highway, is not on hazardous waste site, and is not a historical resources site. No environmental public review is required. 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 permit, 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. The applicant shall comply with all conditions of approval contained within Planning Commission Resolution No. PC 02-22 associated with Conditional Use Permit No. 3146- 21, Major Site Plan Review No. I 047 -21, and Design Review No. 5042-21 . All construction shall conform in substance and be maintained in general conformance with plans and exhibits labeled as Attachment 16 in the staff report (date stamped received February 22, 2022), including modifications required by the conditions of approval, and as recommended for approval by the Design Review Committee and Planning Commission. 1 2 aJ SECTION 3_ CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed: General: Resolution PC 02-22 Page l0 of25 4 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 plot plan, the Community Development Director may approve the changed plan administratively. Subsequent modifications to the approved architecture and color scheme shall be submitted for review and approval to the Community Development Director or designee. Should the modifications be considered substantial, the Director may refer the review to the Design Review Committee. 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 Planning Commission. Any future expansion in area or in the nature and operation of the approved use by Conditional Use Permit No. 3146-21, Major Site Plan Review No. 1047-21, and Design Review No. 5042-21 shall require new or amended applications. 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. Building permits shall be obtained for all future construction work, as required by the Public Works Department. Failure to obtain the required building permits will be cause for revocation of this permit. All signage shall comply with OMC Chapter 17 .36 - Sign Regulations. 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 monlhs of the original approval. Grading operations shall be restricted to Monday through Friday between the hours of 7:30 a-m. and 5:00 p.m., with timited 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. 5 6 7 8 9 10. 11. 12. 13. 14. 15. 16. 17. 18. 19 20. 21. All other construction activities shall conform to the City's Noise Ordinance, OMC Chapter 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. These conditions shall be reprinted on the second page of the construction documents when submitted to the Building Division for the plan check process. 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 building permit issuance, the applicant shall demonstrate to the satisfaction of the Community Development Director that all mechanical and air conditioning equipment shall be shielded and screened from view from adjacent streets and properties. The screening shall be integrated architecturally with the building and painted to match the walls of the building. Prior to building permit issuance, all required parking spaces shall be shown on construction documents as doubled striped to City standards. 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. Prior to building permit issuance, 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. Prior to building permit issuance, the applicant shall pay any outstanding monies due to the City for Planning Division entitlement activities related to this project. In conjunction with the operation of the senior affordable apartments, the property owner shall be responsible for maintaining the property to a level deemed adequate by the Community Development Director. This includes, but is not limited to, the buildings, on- site landscaping, recreational areas, trash areas, signage, utilities, property walls, and gates. Any graffiti shall be removed withinT2 hours from the time the City of Orange Notice of Violation is received by the applicant/property owner. 22. Resolution PC 02-22 Page 1l of 25 24 Resolution PC 02-22 Page 12 of25 23. 25. 26 27. Prior to building permit issuance, the applicant shall demonstrate that the trash enclosure utilizes similar materials, colors, and finishes as the apartment buildings, including any roofing. Prior to building permit issuance, the applicant shall identifo 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 prope.ty, 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. In conjunction with the operation senior affordable apartments, all noise levels generated shall conform to the levels allowed by the OMC. The loading and trash enclosure area shall be maintained and kept clean and free of debris. In conjunction with the operation the senior affordable 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, Conditional Use Permit 3146-21, Major Site Plan Review No. 1047-21, and Design Review No. 5042-21 shall be presented to the Planning Commission for its consideration of further conditions and modifications. 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. Archae olo gic al Report. 29 An archaeological monitor with, at a minimum, a four-year degree in archaeology (or anthropology with concentration in archaeology) under the supervision of an archaeologist who meets or exceeds the Secretary of the Interior's Professional Standards for Archeology shall be present full-time when Project excavation activities will extend below artificial fill deposits into native soils. The applicant shall provide documentation to the Planning Division that a qualified monitor has been retained prior to issuance of a grading permit. No archaeological monitoring is recommended during demolition of existing buildings or clearing/grubbing of existing landscape. Archaeological monitoring should last no more than l0 working days if the monitoring archaeologist does not identify archaeological resources or the potential for archaeological resources during that time. Alternately, archaeological monitoring could be reduced from full-time to part- time or to spot-checking if determined appropriate by the professional archaeologist based on the monitoring results. However, if determined necessary, archaeological monitoring should continue until grading and excavation are complete or until the monitoring archaeologist determines, based on field observations, that there is no likelihood of encountering intact archaeological cultural resources. 28. Resolution PC 02-22 Page 13 of25 30. In the event that archaeological materials are identified during project excavation, all activities must be suspended within 50 feet of the find until a representative identified by the City is contacted and a qualified professional archaeologist can assess the nature and significance of the find and determine if any additional study or treatment of the find is warranted. Additional studies could include, but would not be limited to, collection and documentation of artifacts, documentation of the cultural resources on State of California Department of Parks and Recreation Series 523 forms, or subsurface testing. If evaluated as eligible for the California Register of Historic Resources (CRHR) and if impacts to the resource cannot be avoided, mitigation will be necessary. In addition, if significant subsurface prehistoric resources are encountered that will be subject to impacts from the Project, tribes with historic and cultural ties to the area shall be contacted by the City. Upon completion of any monitoring activities, the archaeologist shall prepare a report to document the methods and results of monitoring activities for submittal to the City prior to the issuance of a certificate of occupancy. The final version of this report should be submitted to the South Central Coastal Information Center (SCCIC). 31. 32.If human remains of any kind are found during construction, the requirements of CEQA Guidelines Section 15064.5(c) and AB 2641 (2006) shall be followed. According to these requirements, all construction activities must cease immediately, and the Orange County Coroner and a qualified archaeologist must be notified. The Coroner will examine the remains and determine the next appropriate action based on his or her findings. If the Coroner determines the remains to be of Native American origin, he or she will notifl, the Native American Heritage Commission G\fAHC). The NAHC will then identify the most likely descendants (MLD) to be consulted regarding treatment and/or reburial of the remains. If a MLD cannot be identified, or the MLD fails to make a recommendation regarding the treatment of the remains within 48 hours after gaining access to the remains, the property owner shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to funher subsurface disturbance. Affor dab I e Hous ing P r ovi s ions : 33. Prior to certificate of occupancy, d deed restriction shall be placed on the property for a period of 55 years to ensure that the apartments will be rented to those who qualify for low and very low income housing. This use reservation period shall begin on the date that the occupancy permit is granted for the affordable units. 34.Prior to certificate of occupancy, the Community Development Director or his/her designee shall review and approve the general apartment lease form to ensure that the conditions of approval, which affect the residents, are added to the lease form. The Community Development Director shall review and approve of any subsequent lease forms changes. 35.Prior to certificate of occupancy, the maximum rent schedule shall be submitted to the Community Development Department per OMC Section 17 .15.070. This shall be Resolution PC 02-22 Page 14 of 25 36. updated annually on the anniversary of occupancy and provided to the City. Prior to building permit issuance, the applicant shall record a Density Bonus Housing Agreement on the parcel(s) designated for the construction of the affordable units. The Density Bonus Housing Agreement shall be drafted by the applicant and reviewed by the Community Development Director and the City Attorney with a recommendation to the Planning Commission for final approval. The Density Bonus Housing Agreement shall provide those provisions listed in OMC 17.15.070, including: a. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies and maintaining the affordable units for qualified tenants. b. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter. c. Provisions requiring owners to submit an annual report to the city, which includes the name, address and income of each person occupying each affordable unit, and which identifies the bedroom size and monthly rent or cost of each affordable unit. d. Determination of Rent. A maximum rent schedule shall be submitted to the Department of Community Development prior to the issuance of an occupancy permit for the affordable units, and updated annually on the anniversary date of occupancy. e. Deposit amount. Total move-in costs for eligible tenants occupying affordable units shall be limited to first month's rent plus a security/cleaning deposit not to exceed one month's rent. f. Upward Mobility Allowance. When a tenant occupying an affordable unit no longer qualifies under the income requirements, verified through the monitoring program required as part of the Density Bonus Housing Agreement, that tenant may then be charged market rate rent. If this occurs, any cutrently vacant unit of similar type to the affordable unit in question shall then be designated as an affordable unit, and the owner shall immediately attempt to secure tenants in accordance with this chapter. The owner is required to maintain at all times during the use restriction the minimum number of affordable units identifies in the Density Bonus Housing Agreement. g. Subletting of Affordable Units. No subletting of designated affordable units shall be allowed unless the following conditions are met: i. Written permission is obtained from the Community Development Director ii. The sublessee qualifies as a very low or lower income household. iii. The rent collected shall not exceed the maximum affordable rent. Community Services: 37 . Prior to building permit issuance, the applicant shall prepare a final landscaping and irrigation plan ionsistent with the grading plans, site plans, and the conceptual Resolution PC 02-22 Page l5 of25 38. 39. 41. 40 landscaping plan as proposed for the project for the review and approval of the Director of Community Development and Community Services Director or their designees. Prior to building permit issuance, 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. Prior to building permit issuance, final landscaping plans for the project shall be designed to comply with the City's Water Efficient Landscape Guidelines as described in Section IX of the City of Orange Landscape Standards and Specifications. Prior to building permit issuance, 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. Prior to building permit issuance, the final landscape plan shall include a note that a fully automated irrigation system will be provided. Prior to building permit issuance, City required irrigation and landscape inspection notes shall be placed on the final landscape plan, to the satisfaction of the Community Services Director. 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 similar plant material within one month. Prior to building permit issuance, landscape plans shall include landscape area calculations needed for State landscape water use reporting. 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. Prior to building permit issuance, there shall be an l8-inch minimum planting buffer between the back of sidewalk and new six-foot tall tubular steel fencing along La Veta Avenue and Fairway Drive. Prior to building permit issuance, a Tree Removal Permit shall be approved by the Community Services Director in accordance with OMC Chapter 12.32. 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. Prior to building permit issuance, the applicant shall add the submitted Arborist Report, dated February 19, 2021 (Attachment 8 to the Staff Report) in its entirety to the approved 44 46 42. 43. 45. 47. 48. Resolution PC 02-22 Page 16 of25 49. Fire: 50. 51. Police: 52. 53. 54. building permit plan sets as a critical reference for contractor implementation. The contractor shall be familiar with the specific instructions and responsibilities revolving around the trees to be protected. Prior to commencement of work, the project arborist shall be retained to work with the contractor and his personnel during critical phases of the project (demolition and grading, construction of driveways, and utilities). The applicant shall adhere to Tree Protection Measures, Conclusions, and Recommendations as included with the submitted Arborist Report, dated February 19, 2021 (Attachment 8 to the Staff Report). 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. On-site Fire Department access will require easement recording prior to precise grading permit issuance and shall be reviewed by the Fire Department prior to approval. The fire hydrant and fire department connection located on Tustin Street are required to be made easily accessible directly from the public way. Fencing will be adjusted according to final placement of the devices. The opening between the trash enclosure block wall and roof shall require security mesh (heavy gauge 8-10) or wrought iron barrier. The mesh or wrought iron shall coordinate with the design and color scheme of the trash enclosure. This shall be reflected on the construction drawings for Police Department approval prior to building permit issuance. Chain link fencing material is not permitted. Trash enclosure doors shall be secured with a lock to prevent unauthorized entry. Prior to building permit issuance, the project shall comply with the requirements of OMC Chapter 15.52 (Building Security Standards), which relates to hardware, doors, windows, lighting, etc. Approved structural drawings, if ooy, shall include sections of the security code that apply. Specifications, details, or security notes may be used to convey the compliance. 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. Prior to building permit issuance, a photometric study shall be reviewed and approved by the Police Department. A minimum of one-foot candle shall be maintained on all surfaces of the parking lot, from dusk until the termination of business every operating day. The 55. Resolution PC 02-22 Page 17 of 25 56 Trash: 57. 58. 59. Subdivision: applicant shall ensure that lighting on the site shall be directed, controlled, and screened in such a manner so as to refrain from shining directly on surrounding properties, such as adjacent residences. 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. Prior to building permit issuance, the applicant shall demonstrate to the satisfaction of the City that coordination has occurred with the City's waste hauler to schedule trash collection from the site the number of times necessary to ensure that waste, food waste recycling, refuse, organics and recycling materials are collected to prevent container overflow on-site. prior to building permit issuance, the applicant shall implement a compliant food waste program for each building and the entire site. Food waste recycling may be included on the plans the following ways, or as otherwise approved by the Community Development Director in consultation with the Director of Public Works: a. Add a third trash chute for food waste recycling and extend enclosure space for a 3- yard bin to add food waste in each building (5 bins total: 2-trash,2-recycle, l-food waste). b. Add a cart on each floor for recycling collection. Staff would bring the recycling carts down to the recycling bin found in the enclosure. Prior to building permit issuance, the applicant shall submit and receive approval from the Public Works Director for a Waste Reduction Plan. The applicant shall coordinate with the Building Division to develop a plan to employ measures to reduce the amount of construction- generated waste. Prior to precise grading permit issuance, a Fire Access Easement per Fire Department requirements shall be dedicated to the City. Applicant shall prepare and facilitate all easement documentation and recordation. Prior to building permit issuance, the applicant shall file and record a reciprocal access/use agreement for the management of shared open space, pedestrian access, reciprocal driveway access, utility access, and surface stormwater cross-lot drainage with 61. 60. Resolution PC 02-22 Page 18 of25 62. the adjacent Chestnut Place (APN: 390-322-14) and Casas Del Rio (APN: 390-322-12) senior citizen apartment properties. The document shall be in a form approved by the City Attorney's Office, the Community Development Department, and the Public Works Department prior to recordation. Prior to grading permit issuance, 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. Prior to grading permit issuance, all public infrastructures, including street sections, sidewalk, driveway apron, and utilities shall comply with City of Orange Standard Plans and Specifications. 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. 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. Prior to certificate of occupancy, the applicant shall be required to install new streetlights, or upgrade existing streetlights, to close the gaps along La Veta Avenue, Tustin Street, and Fairway Drive, as required by the Public Works Department, Traffic Division. Prior to certificate of occupancy, the applicant shall be required to install street trees as required by the Public Works Department. 63 64 66 Prior to grading permit issuance, driveway aprons shall conform to Public Works Standard Plan 1 l5 for commercial driveway with ADA accessibility. 67 Prior to grading permit issuance, all private ways shall conform to Engineering Standard Plan 108. 68.Prior to grading permit issuance, all driveway approaches shall conform to ADA standards for wheelchair access conforming to Public Works Standard Plans 155 and 116. 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. 70.Prior to certificate of occupancy, the applicant shall provide adequate wheelchair accessibility around driveway aprons that do not conform to current ADA standards. Prior to certificate of occupancy, the applicant shall repair any cracked, uneven, or damaged public sidewalk, curb and gutter along property frontages. 65. 71. 72. 69 73 77 Resolution PC 02-22 Page 19 of25 74. 75. 76. 78. 79. 80 81. 83. Prior to certificate of occupancy, the sanitary sewer system connecting from the buildings to the public main line shall be private and maintained by the property owner. Prior to building permit issuance, any private sewer system connecting directly to Orange County Sanitation District (OCSD) lines without using City of Orange sewer systems shall require a permit from OCSD. Prior to grading permit issuance, 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 required to include Phased Erosion and Sediment Control Plans, Site Demolition Plan, and Utility Plan as parts of the grading plan. Prior to grading permit issuance, plans preparation and submittals shall be per Development Services Plan Preparation Guidelines and Checklist, and Checklist for Submittal Packages. prior to grading permit issuance, a geotechnical report shall accompany the grading plan review. prior to grading permit issuance, 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 tomply with freeboard requirements per OCHM and County Local Drainage Manuals. prior to grading permit issuance, a sewer capacity analysis shall be submitted for review and approval by the City. The report shall include sewer generation rates, impact to downstream sewer main segments, and hydraulic calculations. prior to grading permit issuance, &try soil imported or exported shall require a transportation permit from the Traffic Division in the Public Works Department. prior to grading permit issuance, the applicant shall obtain a grading permit from the public Works Department prior to start of any site demolition, clearing and grubbing, and grading. prior to grading permit issuance, upon submittal of a grading plan for plan check, the applicanl shall puy u deposit to cover plan check and inspection services related to the grading activities. prior to grading permit issuance, the grading plan shall detail all of the locations where retaining walls will be constructed. Geometric detail of retaining walls shall be shown on 82 84 Resolution PC 02-22 Page 20 of25 85 86. 87. 88. 89. 90. 91. 92. 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 the Building Division in the Public Works Department. Prior to grading permit issuance, 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. Prior to grading permit issuance, 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. Prior to grading permit issuance, 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. Prior to grading permit issuance, 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 Water Quality Management Plan (WQMP). Prior to grading permit issuance, the property owner shall maintain in good condition, all on-site driveways where heavy-duty trucks would travel. Prior to grading permit issuance, and prior to building foundation construction, a Certificate Letter of Line and Grade shall be submitted to the Public Works Construction Inspector demonstrating that the site grading and pad elevation are completed according to the grading plan. Prior to building permit issuance, the applicant shall submit an address number request, including an addressing plan to the Public Works Department for review and approval. Prior to certificate of occupancy, an address shall be required for all three buildings. Address number shall be illuminated, in a contrasting color, and between 6 and 12 inches in height. 93.Prior to certificate of occupancy, the address number of each 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 building, 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. 94 Prior to certificate of occupancy, the building closest to the street frontage shall have the lowest address number. 97 Resolution PC 02-22 Page 2l of 25 95.Prior to certificate of occupancy, for the building in the back that is not clear in sight from the street, an illuminated address sign shall be placed in front. 96 Prior to certificate of occupancy, those lots having reduced street frontage flag lot configuration shall have additional illuminated monument addressing at the street. Water Division: Prior to building permit issuance, the 8-inch diameter water main in Fairway Drive along the frontage of the property to Tustin Street shall be upgraded to a l2-inch diameter water main. 98 Prior to building permit issuance, all unused services shall be abandoned per Orange Water Division (OWD) standards. gg. Prior to building permit issuance, all services (existing and new) shall have a lead-free OWD approved backflow prevention device that will be installed on private property, directly behind the meter and behind the property line per OWD standards. Maintain a minimum clearance of 3 feet around all backflow prevention device(s) for access and testing. 100. Prior to building permit issuance, public fire hydrants shall be in the sidewalk per OWD standards. Private hydrants will require a backflow device at the property line. 101. Prior to building permit issuance, the applicant shall submit improvement plans to the OWD 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. lOZ. Prior to building permit issuance, 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 OWD. 103. 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 OWD. 104. Prior to building permit issuance, the OWD shall approve the type and location of landscaping and fire service (backflow prevention) device for proposed City services. 105. Prior to building permit issuance, construction documents shall show that a 6-foot minimum horizontal clearance and a l-foot minimum vertical clearance would be maintained between City water mains, laterals, services, meters, fire hydrants and all other utilities except sewer. The OWD shall review and approve the construction documents. Resolution PC 02-22 Page 22 of25 106. Prior to building permit issuance, 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 OWD. The OWD shall review and approve the construction documents. 107 . Prior to building permit issuance, 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 OWD. 108. Prior to building permit issuance 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. 109. 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 OWD. I 10. Prior to approval of the water improvement plan, the applicant shall satisff all water construction bond requirements for the installation of the public water system improvements as determined by the OWD. 1 I 1. Prior to grading permit issuance, the applicant shall construct all public and/or private improvements to the satisfaction of the OWD. The applicant may be required to enter into an agreement with the City of Orange, and post security in a form and amount acceptable to the City Engineer and/or OWD to ensure construction of said improvements. ll2. 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. 113 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. 114. At least 14 calendar days priorto 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 OWD per the City of Orange General Water Construction Notes for review and approval. 1 15. Prior to certificate of occupancy, the applicant shall furnish and install individual pressure regulators on new services where the incoming pressure exceeds eighty-pounds per square inch. Resolution PC 02-22 Page 23 of 25 Water Quality: l 16. prior to the issuance of any grading permits the applicant shall submit a Priority Project WQMP for review and approval to the Public Works Department that: Prioritizes the use of Low Impact Development principles as follows: preserves natural features; minimizes runoff and reduces impervious surfaces; and utilizes infiltration of runoff as the method of pollutant treatment. Infiltration BMPs to be considered include the use of permeable materials such as concrete and concrete pavers, infiltration trenches, infiltration planters, and other infiltration BMPs as applicable, Incorporates the applicable Site Design, Routine Source, Structural Control and Low Impact BMPs as defined in the Model WQMP and Technical Guidance Document, Maintains the hydrologic characteristics of the site by matching time of concentration, runoff, velocity, volume and hydrograph for a 2'year storm event, Minimizes the potential increase in downstream erosion and avoids downstream impacts to physical structures, aquatic and riparian habitat, Generally describes the long-term operation and maintenance requirements for structural and Treatment Control BMPs, Identifies the entity or employees that will be responsible for long-term operation, maintenance, repair and or replacement of the structural and Treatment Control BMPs and the training that qualifies them to operate and maintain the BMPs, a. b c d e f. ob 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. ll7 . Prior to certificate of occupancy, the applicant shall demonstrate the following to the Public Works Department: Resolution PC 02-22 Page 24 of 25 That all structural and treatment control BMPs described in the Project WQMP have been constructed and installed in conforrnance with the approved plans and specifications; That the applicant is prepared to implement all non-structural BMPs described in the Project WQMP; and That an adequate number of copies of the project's approved final Project WQMP are available for the future occupiers. I 18. 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. 1 19. Prior to issuance of 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. 120. 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. l2l. Prior to grading permit issuance (including grubbrng, clearing, or paving permits) the applicant shall demonstrate that coverage has been obtained under the State's General Permit for Stormwater Discharges Associated rvith Construction Activity (Construction General Permit for all projects with soil disturbance greater than I 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 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. 122. 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. a. b c Resolution PC 02-22 Page 25 of 25 I hereby certify that the foregoing Resolution was adopted on March 7, 2022 by the Planning Commission of the City of Orange by the following vote: AYES: Simpson,Yazquez, Glasgow, and Martinez NOES: None RECUSED: None ABSENT: Trapesonian i""* rt'^ Dave Simpson, Planning Commission Chair 3 ^//-27- Date