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2022 PC 08-22 NOHL PLAZA, LLCCONDITIONAL USE PERMIT NO.3153-21 DESIGN REVIEW NO.3056-22 MINOR SITE PLAN REVIEW NO. 1071-21 RESOLUTION NO. PC 08-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT NO. 3153-21, DESIGN REVIEW NO. 3056-22 AND MINOR SITE PLAN REVIEW NO. 1071-21 TO REMODEL AN EXISTING 1,748 SQUARE FOOT TENANT SPACE AND MODIFY EXISTING SITE PAVING TO ACCOMMODATE A NEW DRIVE -THROUGH RESTAURANT WITHIN AN EXISTING COMMERCIAL CENTER, LOCATED AT 1606 E. LINCOLN AVENUE APPLICANT: NOHL PLAZA, LLC Moved by Vice -Chair 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 17.08.020.B, 17.10.030.0 and 17.13.030 to take action to grant or deny Conditional Use Permit No. 3153-21, Design Review No. 3056-22, and Minor Site Plan Review No. 1071-21, to remodel an existing 1,748 square foot tenant space and modify existing site paving to accommodate a new drive -through restaurant, located at 1606 E. Lincoln Avenue; and WHEREAS, Conditional Use Permit No. 3153-21, Design Review No. 3056-22, and Minor Site Plan Review No. 1071-21 were filed by Nohl Plaza, LLC in accordance with the provisions of the OMC; and WHEREAS, Conditional Use Permit No. 3153-21, Design Review No. 3056-22, and Minor Site Plan Review No. 1071-21 were processed in the time and manner prescribed by state and local law; and WHEREAS, Conditional Use Permit No. 3153-21, Design Review No. 3056-22, and Minor Site Plan Review No. 1071-21 were reviewed by the Design Review Committee on April 20, 2022, which recommended project approval to the Planning Commission with conditions by a 3-0 vote; and WHEREAS, Conditional Use Permit No. 3153-21, Design Review No. 3056-22, and Minor Site Plan Review No. 1071-21 are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guideline Section 15303 (Class Resolution PC 08-22 Page 2 of 10 3 - New Construction or Conversion of Small Structures), because the project consists of the construction of a new, small (<10,000 square foot in urbanized area) structure zoned for such use, not involving the significant use of hazardous substances, where all necessary public services are available, and where the area is not environmentally sensitive. There is no environmental public review or notice required for a categorical exemption; and WHEREAS, the Planning Commission conducted one duly advertised public hearing on June 6, 2022, at which time interested persons had an opportunity to testify either in support of or opposition to Conditional Use Permit No. 3153-21, Design Review No. 3056-22, and Minor Site Plan Review No. 1071-21, upon property described below: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ORANGE, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCELS 1 AND 2, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 130 PAGE 1 AND 2 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: AN EASEMENT FOR COMMON DRIVEWAY IN FAVOR OF LOT 397, OVER THE NORTH 30.00 FEET OF THE EAST 194.92 FEET OF LOT 396 OF THE R.B. TAYLOR TRACT, AS PER MAP RECORDED IN BOOK 36 PAGES 61 AND 62 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AND AS SET FORTH IN BOOK 7986, PAGE 428, OFFICIAL RECORDS. EXCEPT THE INTEREST IN THE EASTERLY 20.00 FEET THEREOF, AS CONVEYED TO THE CITY OF ORANGE FOR USE AS A PUBLIC STREET AND FOR USE OF PUBLIC UTILITIES BY DEED RECORDED ON AUGUST 23, 1963 IN BOOK 6689 PAGE 422 OF OFFICIAL RECORDS. APN: 374-541-32,374-541-30, 33, 34, 374-541-24, 374-541-25,29,31) 374-541-35 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves Conditional Use Permit No. 3153-21, Design Review No. 3056-22, and Minor Site Plan Review No. 1071-21, to remodel an existing 1,748 square foot tenant space and modify existing site paving to accommodate a new drive -through restaurant, based on the following findings: SECTION 1— FINDINGS General Plan Finding: 1. The project must be consistent with the goals and policies stated within the City's General Plan. The project is consistent with the goals and policies stated in the City's General Plan Land Use and Economic Development Elements in that the renovation of an existing, vacant tenant space with a newly constructed restaurant with drive -through service and site Resolution PC 08-22 Page 3 of 10 improvements will increase the economic viability of the business through aesthetic enhancement and the elimination of physical deterioration. In addition, reinvestment in the site will not only support a revenue generating business, but will also allow it to be competitive with other restaurants with drive -through service in the area, which will in turn contribute to the economic vitality and jobs in the area. 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 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 subject property is presently developed as a commercial shopping center on a heavily traveled commercial corridor that offers a wide variety of retail and restaurant services to City residents and persons traveling to the area. The project site will remain a commercial shopping center use and will provide a new restaurant with drive -through service with a sufficient queuing and stacking of vehicles. The drive -through ordering systems speakers include an automatic volume control feature to minimize noise. Also, placement of the order speaker is over 200 feet from residential buildings to the west and the speakers are oriented to the south toward the center's parking lot. New trees and landscaping will provide an updated appearance to proposed outdoor seating areas. Granting a permit in this instance is therefore based upon sound land use principles and responds to the needs of the community at -large. 2. A Conditional Use Permit shall not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located (OMC 17.10.030. F. 2). The project is not expected to detrimentally affect adjacent land uses or create special problems in the area. The site is surrounded by commercial development and a park to the north, multiple family residences and commercial development to the south, State Route 55 and a Park & Ride parking lot to the east, and multiple -family 'residences to the west. The proposed site layout will alter existing drive aisles but will not interfere with access onto the property from existing driveway entrances or change fire or refuse service access on any of the bordering properties. A queuing analysis for vehicle stacking for the project has been analyzed and deemed acceptable by the City's Traffic Engineer. The applicant has prepared a contingency plan that would be activated in the event the queue exceeds eight vehicles, allowing for vehicle overflow within the parking lot, having employees monitor vehicle queue stacking, and directing vehicles for mobile order pick-up to park on - site. No spill over onto public streets is anticipated due to the drive -through entrance location and orientation. The nearest residential property is over 200 feet to the west, sound from the speakers is not anticipated to create a nuisance. The speaker board will be subject to the noise level parameters of the Zoning Code. Resolution PC 08-22 Page 4 of .10 3. A Conditional Use Permit must be considered in relationship to its effect on the community or neighborhood plan for the area in which it is located (OMC 17.10.030.F.3). The new restaurant with drive -through service will replace two vacant tenant spaces with one that will better serve the community. The new detached patio and associated landscaping improvements generally satisfy the development standards for the commercial district. The project brings a contemporary character to an area comprised of commercial buildings with various design styles yet retains a one-story scale along the street frontage that takes into consideration pedestrians and adjacent commercial properties. The proposed landscaping will complement the project design and will refresh and integrate well with landscaping along Lincoln Avenue. 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. 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.F4). All project conditions maintain a purpose of preserving the general welfare of the City and community. Conditions specifically serve to manage project construction impacts, provide for site maintenance, address water quality, accommodate disabled person site access, protect or improve the public right-of-way, protect or improve utilities and accommodate aesthetics. In addition, conditions have been included to prevent drive -through queuing impacts on Lincoln Avenue, and to ensure the noise associated with the drive -through restaurant is in compliance with the City's noise regulations. Design Review Findings: 1. The project design upholds community aesthetics through the use of an internally consistent, integrated design theme and is consistent with all adopted specific plans, applicable design standards, and their required findings (OMC 17.10.070. G. 3). The project complies with the OMC and the Tustin Street Design Standards. The proposed covered patio will complement the building's architectural design by utilizing similar building elements for a high quality project with visual interest and by providing an outdoor dining experience for the public. The proposed project reflects design standards of Thematic District 2 where the architecture selected is consistent with the established design theme but also provides addition materials that enhances pedestrian scale design and provides varied and interesting places to attract people. Staff believes the proposed project is appropriate and overall upholds community aesthetics through the use of an internally consistent, integrated design theme and is consistent with Tustin Street Design Standards Thematic District 2. Resolution PC 08-22 Page 5 of 10 Minor Site Plan Review Findings: 1. The project design is compatible with surrounding development and neighborhoods OMC 17.10.060. H.1). The surrounding development and neighborhood consist of commercial uses to the north and south, multiple -family residential uses to the west and south and the State Route 55 and a Park & Ride parking lot to the east. The proj ect will provide a renovated architectural and landscaped appearance to the center, consistent with surrounding development in its massing, scale, design and function. 2. Minor Site Plan approval shall be granted if the project conforms to City development standards and any applicable special design guidelines or specific plan requirements (OMC 17.10.060. H. 2). The project as proposed will conform to City development standards for the C-TR zoning district and is consistent with Tustin Street Design Standards Thematic District 2. The proposed patio cover, building material change and modification of the site to accommodate the new drive -through lane creates a cohesive and integrated design theme, compatible with the various architectural styles that exist within the shopping center. 3. Minor Site Plan approval shall be granted if the project provides for safe and adequate vehicular and pedestrian circulation, both on- and off -site (OMC 17.10. 060.H..3). The project provides safe and adequate access and circulation for vehicles and pedestrians along North Tustin Street and East Lincoln Avenue. The on -site circulation has been designed to accommodate all access needs for parking spaces and for emergency vehicles. There is sufficient queue stacking for eight vehicles and no vehicles are anticipated to spill out onto the public street. In addition, the queue study provides for a contingency plan to be activated should there be periods where longer queues form that could impact the center's internal circulation. The contingency plan would include monitoring of the queue and utilizing an advance mobile ordering for customers and designating a parking space near the pick-up window for larger orders requiring more time. Disabled parking and access have been designed to accommodate building code requirements. 4. Minor Site Plan approval shall be granted if City services are available and adequate to serve the project (OMC 17.10.060.H.4). A review of the project with all City departments concludes that City services will be available and adequate to serve this site, including water, sewer, police and fire services. 5. Minor Site Plan approval shall be granted if the project has been designed to fully mitigate or substantially minimize adverse environmental effects (OMC 17.10.060.H.5). No environmental effects have been identified for the project. The OMC will adequately manage construction and use regulation needs of the project. Resolution PC 08-22 Page 6 of 10 SECTION 2 — ENVIRONMENTAL REVIEW The proposed project is categorically exempt from the provisions of CEQA per State CEQA Guideline 15303 (Class 3 — New Construction or Conversion of Small Structures) because the project consists of the construction of a new, small (<10,000 square foot in urbanized area) structure zoned for such use, not involving the significant use of hazardous substances, where all necessary public services are available, and where the area is not environmentally sensitive. There is no environmental public review or notice required for a categorical exemption. SECTION 3— CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed: General.- 1 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. 2. The applicant shall comply with all conditions of approval contained within Planning Commission Resolution No. PC 08-22 associated with Conditional Use Permit No. 3153- 21, Design Review No. 3056-22, and Minor Site Plan Review No. 1071-21. 3. All construction shall conform in substance and be maintained in general conformance with plans and exhibits labeled as Attachment 6 in the staff report (date stamped received May 20, 2022), including modifications required by the conditions of approval, and as recommended for approval by the Design Review Committee and Planning Commission. 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. 5. 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 Resolution PC 08-22 Page 7 of 10 modifications be considered substantial, the Director may refer the review to the Design Review Committee. 6. 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. 7. Any future expansion in area or in the nature and operation of the approved use by Conditional Use Permit No. 3153-21, Design Review No. 3056-22, and Minor Site Plan Review No. 1071-21 shall require new or amended applications. 8. 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. 9. If not utilized, project approval expires two years 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 two years of the original approval. 10. These conditions shall be reprinted on the second page of the construction documents when submitted to the Building Division for the plan check process. 11. Prior to the operation of the business, the applicant shall file for, or if applicable, amend a business license with the Business License Division. Failure to obtain the required business license will be cause for revocation of this approval. 12. 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. 13. Prior to building permit issuance, all required parking spaces shall be shown on construction documents as doubled striped to City standards. 14. 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. 15. Prior to issuance of building permits, the applicant shall pay all applicable development fees, including but not limited to: City sewer connection, Orange County Sanitation District Resolution PC 08-22 Page 8of10 Connection Fee, Transportation System Improvement Program, Fire Facility, Police Facility, Park Acquisition, Sanitation District, and School District, as required. 16. 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. 17. In conjunction with the operation of the business, the 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, on -site landscaping, trash areas, signage, utilities, property walls, and gates (if applicable). 18. Any graffiti shall be removed within 72 hours from the time the City of Orange Notice of Violation is received by the applicant/property owner. 19. Prior to building permit issuance, the applicant shall demonstrate that the trash enclosure and accessory structure utilize similar materials, colors, and finishes as the restaurant building, including any roofing. 20. In conjunction with the operation of the business, all noise levels generated shall conform to the levels allowed by the OMC. 21. The hours of operation of the restaurant shall be 10:00 a.m. to 11:30 p.m. daily. These hours do not restrict employees from being on the premises before opening for preparations and deliveries or after closing for clean-up. Any modification to these operational hour limits shall be subject to review and approval by the Community Development Director and/or may be referred to the Planning Commission at his/her discretion. 22. In conjunction with the operation of the business, all loading and trash enclosure areas shall be maintained and kept clean and free of debris. 23. Odor scrubbers shall be installed in the venting system to address cooking.odors emanating from the building. 24. The restaurant shall operate its vehicle queuing and on -site circulation in the manner as described in the drive -through Queuing Analysis. At no time shall the operator allow vehicles of customers to straddle the public right-of-way (sidewalk, driveway, street) and shall employ measures to direct customers from causing any such conflict with keeping the public right-of-way clear by utilizing a contingency plan for handheld ordering for customers should the queue exceed the expected vehicle stacking. 25. In conjunction with the operation of the business, should parking or queuing issues arise on the site or the surrounding neighborhood, the applicant shall work with the Community Development Department to resolve any issues. If such issues are not resolved to the City's satisfaction, the Conditional Use Permit shall be presented to the Planning Commission for its consideration of further conditions and modifications. Resolution PC 08-22 Page 9 of 10 26. In conjunction with the operation of the business, all loading and unloading (i.e. deliveries) activities shall only occur in the designated loading zone on the subject site. These activities shall occur as necessary during the hours of 7:00 a.m. to 10:00 p.m. 27. Modify the parking lot at the approach to the drive -through and remove the tree to provide easier vehicular access. 28. Replace the lost tree on the other side of the drive -through entrance. 29. Install a preview menu board along the queuing lane between vehicles spaces six and seven as indicated in the plan. Design Review Committee: 30. Three new trees shall be added as indicated in the staff report; staff shall work with the applicant to determine appropriate species. In addition to the above conditions, procedural requirements are contained herein as Attachment A to this Resolution. I hereby certify that the foregoing Resolution was adopted on June 6, 2022, by the Planning Commission of the City of Orange by the following vote: AYES: Glasgow, Simpson, Martinez, and Vazquez NOES: None ABSENT: None RECUSED: Trapesonian David Vazquez, Planning Commission Chair Date ATTACHMENT A PROCEDURAL REQUIREMENTS 1. Construction permits, including building permits, including grading permits, as required by the City, shall be obtained in advance for all construction work, as required by the Community Development Department's Building Division and Public Works Grading Division. Failure to obtain the required building permits may be cause for revocation of this entitlement. 2. In conjunction with construction, all activity in connection with construction, other than grading, will be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday through Saturday. No construction activity will be permitted on Sundays and Federal holidays. 3. Grading operations shall be restricted to Monday through Friday between the hours of 7:30 a.m. and 5:00 p.m., with limited grading as necessary permitted on Saturdays between the hours of 8:00 a.m. and 4:30 p.m. Mechanics may service the equipment up to two hours after each shift. 4. 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. 5. Prior to building permit issuance, security and design measures that employ Defensible Space concepts in accordance with the City's Building Security Guidelines shall be integrated into construction plans in coordination with the Police Department. 6. 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. 7. The applicant, in coordination with the contractor, shall ensure that grading and construction activities comply with the following requirements: a. All construction vehicles or equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers; b. All operations shall comply with City ordinances with respect to hours of construction activity to minimize noise impacts; ". C. During construction, best efforts shall be made to locate stockpiling and/or vehicle staging areas as far as practicable from surrounding residences. Community Services: 8. Prior to building permit issuance, the applicant shall prepare a final landscaping and irrigation plan consistent with the grading plans, site plans, and the conceptual landscaping plan as proposed for the project for the review and approval of the Director of Community Development and Community Services Director. 9. Prior to building permit issuance, the applicant shall review the approved Water Quality Management Plan (WQMP) and ensure the proposed landscape plans are consistent with the project grading plans. The plans must show any proposed storm water treatment BMP such as bioretention planters, drywells, permeable pavers, or any other proposed surface water quality BMPs. 10. 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. The project landscape architect shall submit documentation certifying compliance with this requirement for review and approval by the Community Development Director or designee in coordination with the Public Works Director or designee. 11. 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. 12. Prior to building permit issuance, the final landscape plan shall include a note that a fully automated irrigation system will be provided. 13. Prior to building permit issuance, City -required irrigation and landscape inspection notes shall be placed on the final landscape plan in accordance with the City of Orange Landscape Standards and Specifications to the satisfaction of the Community Services Director or designee in coordination with the Public Works Director or designee. 14. 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. 15. 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. 16. Prior to building permit issuance, landscape plans shall include landscape area calculations needed for State landscape water use reporting. 17. Prior to issuance of 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. Police: 18. The opening between the trash enclosure block wall and roof shall require security mesh 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. 19. 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 any, shall include sections of the security code that apply. Specifications, details, or security notes may be used to convey the compliance. 20. 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. 21. Prior to issuance of certificate of occupancy, the applicant shall schedule a light reading inspection with the Crime Prevention Bureau. 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. The lighting shall be tested and confirmed to determine if the lighting meets or exceeds the exterior boundary standards. The applicant shall ensure that lighting on the site shall be directed, controlled, and screened in such a manner so as to refrain from shining directly on surrounding properties. Light spillage or pollution to surrounding residential areas shall not exceed a maintained minimum of 0.5 foot-candle. Public Works, Subdivision: 22. Remove and reconstruct the two driveways on the east and west sides of the building to ADA compliance. 23. All work within public right-of-way and public utility easements will require encroachment permits from the affected agencies, including sidewalk and driveway constructions, utility main and lateral constructions, and public water construction work. 24. All public infrastructures, including street sections, sidewalk, driveway apron, and utilities shall comply with City of Orange Standard Plans and Specifications. 25. 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. 26. The applicant shall remove unused driveway approaches and restored them to full height curb and gutter, including any sidewalk restoration at the driveway apron. 27. All driveway approaches shall conform to ADA standard for wheelchair access conforming to Public Works Standard Plans 115. 28. Any cracked, uneven, or damaged public sidewalk, curb and gutter along property frontage shall be repaired. 29. 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. 30. Plans preparation and submittals shall be per Development Services Plan Preparation Guidelines and Checklist, and Checklist for Submittal Packages. 31. Any soil imported or exported shall require a Transportation Permit from Public Works Traffic Division. 32. 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. 33. Trash receptacle locations and details shall be included on the Grading Plan. The trash storage area shall be constructed per Public Works Standard Plan. 34. All sewer and storm drain lines shall be shown on the Grading Plan. Other utility lines, such as water lines, may also be shown on Grading Plan for reference. 35. All structural BMPs for water quality purposes shall be shown on Grading Plan. Water quality features shown on the Grading Plan must match WQMP. Public Works, Water Division: 36. All proposed/existing meters and services will be required to have a lead-free Water Division approved backflow prevention device installed directly behind the meter within the nearest soft-scape per Orange Water Division Standards 37. Prior to building permit issuance, a dedicated irrigation service with backflow prevention device will be required for irrigation purposes. 38. Prior to building permit issuance, a dedicated domestic service with backflow prevention device will be require for domestic services. 39. Prior to building permit issuance, 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. 40. Prior to issuance of 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. 41. Prior to building permit issuance, the Water Division shall approve the type and location of landscaping and fire service (backflow prevention) device for proposed City services. 42. Prior to building permit issuance, construction documents shall show that a six-foot minimum horizontal clearance and a one -foot minimum vertical clearance is 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. 43. Prior to building permit issuance, 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. 44. 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 Water Division. 45. 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. 46. Prior to issuance of a grading permit, the applicant shall construct all public and/or private improvements to the satisfaction of the Water Division. The applicant may be required to enter into an agreement with the City, and post security in a form and amount acceptable to the City Engineer and/or Water Division to ensure construction of said improvements. 47. If applicable, 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. 48. 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. 49. 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. 50. Prior to issuance of 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. Water Quality: 51. Prior to issuance of a building permit, the applicant shall submit a Non -priority Project WQMP for review and approval to the Public Works Department that: a. Addresses Site Design BMPs (as applicable) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas; b. Incorporates the applicable routine structural and non-structural source control BMPs, as defined in the Drainage Area Management Plan (DAMP); c. Generally describes the long-term operation and maintenance requirements for structural control BMPs, d. Identifies the entity that will be responsible for long-term operation, maintenance, repair and or replacement of the BMPs; e. A copy of the forms to be used in conducting maintenance and inspection activities; f. Record keeping requirements (forms to be kept for 5 years). 52. Prior to issuance of 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. 53. For those food service establishment projects installing Grease Interceptors: Prior to issuance of 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.