HomeMy WebLinkAbout2022 PC 28-22 OLD TOWN GATEWAY, LLCMAJOR SITE PLAN REVIEW NO. 1013-20
TENTATIVE PARCEL MAP NO.0017-20
DESIGN REVIEW NO.5011-20
DEVELOPMENT AGREEMENT NO.0008-22
RESOLUTION NO. PC 28-22
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ORANGE RECOMMENDING CITY
COUNCIL APPROVAL OF MAJOR SITE PLAN REVIEW
NO. 1013-20, TENTATIVE PARCEL MAP NO. 0017-209
DESIGN REVIEW NO. 5011-20 AND DEVELOPMENT
AGREEMENT NO. 0008-22 TO REHABILITATE TWO
HISTORIC BUILDINGS AND REMOVE NON -HISTORIC
SHEDS TO CONSTRUCT TWO NEW COMMERCIAL
BUILDINGS AND CREATE A PEDESTRIAN PASEO AT
401 W. CHAPMAN AVENUE AND 135 N. ATCHISON
STREET
APPLICANT: OLD TOWN GATEWAY, LLC
Moved by Chair Vazquez and seconded by Commissioner Trapesonian that the following
Resolution be adopted:
WHEREAS, the Planning Commission has authority per Orange Municipal Code (OMC)
Sections 17.08.020, 17.10.060, 17.13.030, and 17.44.100 to make a recommendation to the City
Council on action to grant or deny Major Site Plan Review No. 1013-20, Tentative Parcel Map
No. 0017-20 and Design Review No. 5011-20 to rehabilitate two historic buildings, demolish
non -historic sheds, construct two new commercial buildings with floor areas of 3,470 sq. ft. and
4,140 sq. ft., and lot consolidation; and
WHEREAS, the Planning Commission has authority per Orange Municipal Code (OMC)
Sections 17.44.100 and 17.44.130 to make a recommendation to the Orange City Council on
Development Agreement No. 0008-22 granting relief from providing 18 of the 20 parking spaces
required by the Santa Fe Depot Specific Plan in exchange for the dedication, improvement, and
maintenance of a publicly accessible pedestrian paseo providing a mid -block passageway linking
Cypress and Atchison Streets; and
WHEREAS, Major Site Plan Review No. 1013-20, Tentative Parcel Map No. 0017-20,
Design Review No. 5011-20 and Development Agreement No. 0008-22 were filed by Old Town
Gateway, LLC. in accordance with the provisions of the OMC; and
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the street edge along N. Cypress Street, integrate pedestrian -oriented storefronts, plaza,
and paseo elements that encourage pedestrian activity and the movement of people into
and through the site. Project implementation supports linkage between the multi -modal
transportation options at the Orange Transportation Center to the commercial, residential,
and institutional uses in Old Towne.
Major Site Plan Review Findings:
1. The project design is compatible with surrounding development and neighborhoods OMC
17.10. 060. H.1).
The project has been designed in a manner that respects the historic industrial railroad
corridor environment, with new infill buildings incorporating the simple, understated
forms of many of the industrial and commercial buildings in the surrounding environs.
Architectural details of the new infill buildings reflect contemporary interpretation of
traditional architectural features. Building materials reference historic building fabric,
and storefronts have been designed to respond to the sidewalk environment. The removal
of non -historic structures and fences from the site serves to highlight and reveal historic
buildings that have been obscured from view over the years. The project design also
responds to Depot Park to the west and the Hilbert Museum to the north through
orientation of outdoor spaces and activated historic buildings along the Atchison Street
frontage.
2. Major Site Plan approval shall be granted if the project conforms to City development
standards and any applicable special design guidelines or specific plan requirements
(OMC 17.10.060.H.2).
The project conforms to the development, design, and streetscape standards of the Santa
Fe Depot Specific Plan, Zoning Ordinance, as well as the Historic Preservation Design
Standards for Old Towne Orange. In the case of parking, while the project does not
strictly adhere to the parking requirements of the Santa Fe Depot Specific Plan, the
Development Agreement associated with the project entitlements provides a formal relief
from 18 of the 20 required parking spaces in exchange for dedication of a publicly
accessible pedestrian paseo that implements a segment of the City's 2008 Depot -Plaza
Pedestrian Connection Study.
3. Major Site Plan approval shall be granted if the project provides for safe and adequate
vehicular and pedestrian circulation, both on- and off -site (OMC 17.10.060.H.3).
The project provides safe and adequate circulation that responds to the highly pedestrian -
oriented atmosphere of Old Towne Orange. The project supports activity at the Orange
Transportation Center by providing a revitalized commercial property with interactive
street frontage and uses available to bus and rail patrons. The pedestrian paseo integrated
into the site provides pedestrians with a protected mid -block linkage alternative to the
narrow Chapman Avenue sidewalk and high traffic volumes. The site itself has a strong
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2. In any National Register Historic District, the proposed work complies with the Secretary
of the Interior's Standards and Guidelines (OMC 17.10.07. G.2).
The proposed project respects the integrity of the historic structures on the site by
removing non -historic sheds, accessory structures, and fence material that hides the N.
Atchison Street Mission Revival structure from view and includes an adaptive re -use that
enables that building to also be used by the public. The site plan and infill buildings
elevate the appearance of the historic buildings, with the planned outdoor spaces
providing a higher quality visual setting for viewing historic building materials and
architectural features. The historic physical relationship between 401 W. Chapman
Avenue and 135 N. Atchison Street will be revealed with removal of the non -historic
building additions and accessory structures added to the site over time.
3. The project design upholds community aesthetics through the use of an internally
consistent, integrated design theme and is consistent with all adopted specific plans,
applicable design standards, and their required findings (OMC 17.10.07.G.3).
The proposed project represents an integrated design theme that is internally consistent
through the use of historically referenced building materials on the new building
elevations. Infill building forms and materials also reflect the traditional historic
industrial character of the Santa Fe Depot Specific Plan area. The use of brick and steel,
along with the shape of the storefront openings facing N. Cypress Street respond to the
surrounding context. The design of the new buildings makes them subordinate to the
primary historic structure at 401 W. Chapman Avenue, and their placement functions to
provide a clear view of the 13 5 N. Atchison building from N. Cypress Street.
SECTION 2 — ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) per State CEQA Guidelines 15331 (Class 31 —
Historical Resource Rehabilitation/Restoration) and 15332 (Class 32 — Infill Development
Projects). The structures on the site have been closely evaluated in the Cultural Resource
Assessment and Addendum, with the buildings confirmed as contributors to the historic district
planned for restoration and rehabilitation. While the assorted structures constructed outside of
the period of significance for the historic district are over 50 years old, their modifications, dates
of construction, and characteristics do not support their classification as contributors to the
historic district. As non -contributors, their demolition does not represent an adverse effect on the
historic district.
Technical studies were prepared related to traffic, noise, air quality, energy, greenhouse gas
emissions, and water quality to evaluate whether the proposed project qualifies for a Categorical
Exemption from the California Environmental Quality Act (CEQA). The studies found no
impact to these environmental issues. The Technical Report concluded that the proposed project
is categorically exempt from the provisions of CEQA per State CEQA Guidelines 15332 (Class
32 — Infill Development Projects) because the project site is less that 5 acres in size, is located in
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8. Any future expansion in area or in the nature and operation of the approved use by Major
Site Plan Review No. 1013-20, Tentative Parcel Map No. 0017-20, Design Review No.
5011-20 and Development Agreement No. 0008-22 shall require new or amended
applications.
9. If not utilized, project approval expires twenty-four 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 twenty-four months of the original approval.
10. 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.
11. Building permits shall be obtained for all future construction work, as required by the
City's Building Division. Failure to obtain the required building permits will be cause for
revocation of this permit.
12. All signage shall comply with the Historic Preservation Design Standards for Old Towne
Orange, the Santa Fe Depot Specific Plan, and OMC Chapter 17.36 - Sign Regulations.
13. 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.
14. All 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.
15. Any new lighting on the premise 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.
16. 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.
17. Prior to building permit issuance, all required parking spaces shall be shown on
construction documents as doubled striped to City standards.
18. 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)
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28. Prior to building permit issuance, City required irrigation and landscape inspection notes,
in accordance with the City of Orange Landscape Standards and Specifications, shall be
placed on the final landscape plan, to the satisfaction of the Community Development
Director or designee, in coordination with the Public Works Director or designee.
29. 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.
30. Prior to building permit issuance, the final landscape plan shall be reviewed and approved
by the Public Works Director when the project is constructing Storm Water Quality Best
Management Practices (BMPs) in landscaped areas.
31. Prior to building permit issuance, the final landscape plan shall include a note that a fully
automated irrigation system will be provided.
32. 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 new plant material.
33. Prior to building permit issuance, landscape plans shall include landscape area
calculations needed for State landscape water use reporting.
34. 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 or designee.
35. 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
Community Development Director or designee, in coordination with the Public Works
Director or designee.
36. 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.
37. The applicant shall revise the street tree identified on N. Cypress Street to appear on the
landscape plan as Platanus Acerifolia 'Columbia'. Prior to building permit issuance, the
applicant shall work with the Public Works Department to determine the quantity, size,
spacing, and locations of street trees along all street frontages of the project. Contact and
coordinate with Tree Services Coordinator, Micah Jean, (714)532-6470,
mi eankcityoforange_org.
Resolution PC 28-22
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Development Director or designee prior to issuance of the first building permit for the
proj ect.
45. If buried cultural materials are encountered during earthmoving operations associated
with the project, all work in that area shall be halted or diverted until a qualified
archeologist can evaluate the nature and significance of the finds.
46. In the event that human remains are encountered, in accordance with State Health and
Safety Code Section 7050.5 no further disturbance shall occur until the County Coroner
has made a determination of origin and disposition pursuant to Public Resource Code
Section 5097.98. The County Coroner must be notified of the find immediately. If the
remains are determined to be Native American, the County Coroner will notify the Native
American Heritage Commission (NAHC), which will determine and notify a Most Likely
Descendant (MLD). With the permission of the landowner of their authorized
representative, the MLD may inspect the site of the discovery. The MLD shall complete
the inspection within 48 hours of notification by the NAHC. The MLD will have the
opportunity to offer recommendations for the disposition of the remains.
47. All signage shall comply with Chapter 17.36 Sign Regulations of the Orange Municipal
Code.
48. 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.
Fire:
49. 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.
50. Buildings identified as 1, 2, and 3 on the plans included as Attachment 3 to the October
17, 2022, Planning Commission staff report are required to be protected by an automatic
fire sprinkler system installed in accordance with NFPA 13 as required by the City of
Orange Ordinance 9-19. Fire sprinklers shall be incorporated into construction
documents for review and approval by the Fire Department prior to the issuance of
building permits.
51. A fire department connection (FDC) for each building shall be included in the fire
sprinkler system design for review and approval by the Fire Department prior to the
issuance of building permits. The following requirements are applicable to the new
structures and must be considered relative to the installation of the fire sprinkler system.
Additionally, the information must be shown on the Site Plan.
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Cypress side at the same location. This shall be verified by the Fire Department prior to
the issuance of building permits.
56. Outdoor dining area patio cover will be required to be provided with fire sprinklers. This
shall be incorporated into construction documents and verified by the Fire Department
prior to the issuance of building permits.
Police:
57. 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.
58. 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.
59. 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 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.
60. Prior to issuance of 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.
61. Any new lighting on the premise 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.
Traffic:
62. Prior to building permit issuance, Transportation System Improvement Program fees
shall be paid in coordination with the City Traffic Engineer or designee.
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75. Prior to certificate of occupancy, the sanitary sewer system connecting from the buildings
to the public mainline shall be private and maintained by the property owner.
76. 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 Manal 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.
77. Prior to grading permit issuance, plans preparation and submittals shall be per
Development Services Plan Preparation Guidelines and Checklist, and Checklist for
Submittal Packages.
78. Prior to grading permit issuance, a geotechnical report shall accompany the grading plan
review.
79. Prior to grading permit issuance, a sewer capacity analysis shall be submitted for review.
80. Prior to grading permit issuance, a drainage assessment letter shall be submitted for
review.
81. Prior to grading permit issuance, upon submittal of grading plan for plan check, the
applicant shall make a deposit to cover plan check and inspection services related to the
grading activities.
82. Grading plans shall indicate the ground immediately adjacent to foundations shall have a
minimum slope of 2% for impervious surfaces, and 5% for impervious surfaces. This
shall be verified by the Public Works Department prior to issuance of a grading permit.
83. Grading plan shall indicate the volume of earthwork involved with site grading. This
shall be verified by the Public Works Department prior to issuance of a grading permit.
84. The contractor shall obtain a Grading Permit from Public Works Department prior to start
of any site demolition, clearing and grubbing, and grading.
85. Any soil imported or exported shall require a Transportation Permit from Public Works
Traffic Division.
86. The grading plan shall detail all of the locations where retaining walls will be
constructed. Geometric detail of retaining walls shall be shown on the grading plan,
including material type, dimensions, backfill, and subdrains. A building permit is also
required for retaining walls over 4 feet in height measured from the bottom of the footing
to the top of the wall prior to construction. Structural details and design calculations shall
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97. Prior to issuance of the 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.
98. 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.
99. Prior to building permit issuance, construction documents shall show that a six-foot
minimum horizontal clearance and a one foot minimum vertical clearance would be
maintained between City water mains, laterals, services, meters, fire hydrants and all
other utilities except sewer. The Water Division shall review and approve the
construction documents.
100. 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.
101. 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.
102. Prior to building permit issuance, construction documents shall show that each building
will be metered separately unless otherwise approved by the Water Division.
103. 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.
104. 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.
105. Prior to the issuance of any 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 of Orange, and post security in a form
and amount acceptable to the City Engineer and/or Water Division to ensure construction
of said improvements.
106. 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.
107. 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
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Water Quality:
117. 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:
a. Prioritizes the use of Low Impact Development principles as follows: preserves
natural features; minimizes runoff and reduces impervious surfaces; and utilizes
infiltration of runoff as the method of pollutant treatment. Infiltration BMPs to be
considered include the use of permeable materials such as concrete and concrete
pavers, infiltration trenches, infiltration planters, and other infiltration BMPs as
applicable,
b. Incorporates the applicable Site Design, Routine Source, Structural Control and Low
Impact BMPs as defined in the Model Water Quality Management Plan and
Technical Guidance Document,
c. Maintains the hydrologic characteristics of the site by matching time of
concentration, runoff, velocity, volume and hydrograph for a 2-year storm event,
d. Minimizes the potential increase in downstream erosion and avoids downstream
impacts to physical structures, aquatic and riparian habitat,
e. Generally describes the long-term operation and maintenance requirements for
structural and Treatment Control BMPs,
f. Identifies the entity or employees that will be responsible for long-term operation,
maintenance, repair and or replacement of the structural and Treatment Control
BMPs and the training that qualifies them to operate and maintain the BMPs,
g. Describes the mechanism for funding the long-term operation and maintenance of all
structural and Treatment Control BMPs,
h. Includes a copy of the forms to be used in conducting maintenance and inspection
activities,
i. Meets recordkeeping requirements (forms to be kept for 5 years).
j . Includes a copy of the form to be submitted annually by the project owner to the
Public Works Department that certifies that the proj ect's structural and treatment
BMPs are being inspected and maintained in accordance with the project's WQMP.
118. Prior to the issuance of certificates for use 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;
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I hereby certify that the foregoing Resolution was adopted on October 17, 2022 by the Planning
Commission of the City of Orange by the following vote:
AYES:
Commissioners Glasgow, Trapesonian and Vazquez
NOES:
None
RECUSED:
None
ABSENT:
Commissioners Simpson and Martinez
David Vazquez, Nanning Commission Chair
I -13-ZO-L
Date