AGR-7617 - ORANGE HOME GROWN FOUNDATION INC - AGREEMENT FOR ORANGE HOME GROWN FARMERS AND ARTISANS MARKET - JAN 5, 2024DocuSign Envelope ID:C33F67AA-18E5-4A1 E-8594-4A42ED224BCA
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AGR-7617
AGREEMENT FOR ORANGE
HOME GROWN FARMERS AND ARTISANS MARKET
THIS AGREEMENT is made and entered into as of January 5 2024,by and
between the CITY OF ORANGE, a municipal corporation ("City"), and ORANGE HOME
GROWN FOUNDATION INC., a California non-profit corporation, also known as ORANGE
HOME GROWN ("OHG").
RECITALS
A. OHG desires to produce a weekly Orange Home Grown Farmers&Artisans Market
Market") to provide a service to the residents of and visitors to Orange by providing quality,
clean, sustainably grown, and organic food options.
B. Subject to certain conditions, City desires to make available designated public right
of way to assist OHG in providing the Market.
WHEREFORE, for and in consideration of the mutual and respective covenants and
promises hereinafter contained and made, and subject to all of the terms and conditions hereof, the
parties hereto do agree as follows:
AGREEMENT
1. Term of Agreement.
A. Unless otherwise amended or terminated as provided herein, the term of this
Agreement shall begin January 5, 2024 and be for a two year period with the option for three, one-
year renewals. The City Manager is authorized to execute any renewal under this Agreement, so
long as a valid Conditional Use Permit("CUP") is in place for the Market.
B. City, acting through its City Manager or designee, may terminate this Agreement
for any reason by providing a 30-day written notice of intent to terminate to OHG. City shall not
be liable for any claim of lost profits.
2. Location.
A. The Market will be held in Chapman University's Becket Building parking lot(303
West Palm Avenue) on West Palm Avenue between North Cypress Street and North Lemon Street
and in the north portion of Chapman University's Dodge College of Film and Media Arts parking
lot (283 N. Cypress Street), as depicted in the map attached hereto and incorporated herein as
Exhibit"A."
B. All fire lanes shown on the approved plan shall remain free and clear of all objects,
materials, vehicles, and other obstructions during setup, during the course of the Market, and at
break down of the Market. City may inspect and walk the Market during set up, during the course
of the Market, and at break down of the Market, checking fire lanes, street closures,booth set-up,
and other operating conditions.
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C. Exhibit"A"depicts the physical layout for the event,including Market boundaries,
booth set-up, closure areas, and fire access. This Exhibit shall be reviewed annually.
3. Hours of Operation.
A. The Market shall be held weekly on Saturdays from 9:00 a.m. to 1:00 p.m. as long
as a valid approved CUP is in place. OHG shall ensure that all reasonable measures are taken to
mitigate noise between the hours of 6:00 a.m. and 8:00 a.m.
B. All activities in the closure area of West Palm Avenue shall cease promptly at 1:00
p.m. each Saturday, and all equipment shall be removed no later than 2:00 p'm.
4.OHG Obligations.
A. OHG shall produce the Market. "Production of the Market" as used in this
Agreement shall mean all aspects of the planning, coordination and execution of said Market
including,but not limited to,reviewing and approving applications for vendor booths,preparation
and distribution of advertising, obtaining all licenses, permits and certificates, obtaining all
insurance required by City, developing a budget and booth fee schedule, providing a safe
environment for participants and spectators, and ensuring adequate staff or volunteer manpower
for the set-up, production and cleanup of event.
B. OHG shall comply with the hours of operation provided herein.
C. OHG shall furnish all equipment and supplies and shall bear all other costs and
expenses reasonably necessary to carry out the purpose of this Agreement.
D. OHG shall reimburse City for all direct costs and expenses for the Market,
including actual staff costs incurred by City in providing materials and services for the closure of
West Palm Avenue. OHG agrees that the number of personnel assigned to execute the closure is
at the reasonable discretion of the designated City representative. Reimbursement for materials
and services shall be due and payable within thirty (30) days of receipt of an itemized statement
from City. City will bill OHG quarterly, beginning in April 2024 for each calendar quarter. With
regard to City personnel, OHG shall reimburse City for the actual staff time costs incurred related
to the production of the Market and street closure. The City may choose to offer OHG a credit for
number of hours of maintenance performed at the W.O. Hart Park Historic Orange Grove
quarterly. The credit will be equivalent to the City approved hourly rate for the most appropriate
and applicable staff. The credit will be issued at the City's sole discretion on a quarterly basis.
E. OHG shall pay for all damage caused to public and private property within the event
footprint during the hours of the event related to Market activities. The City will bill OHG as
appropriate.
F. OHG shall pay for all clean-up costs related to Market activities. The City will bill
OHG as appropriate.
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G. OHG shall collect and remove trash from all areas within the event footprint as well
as areas immediately adjacent to the event footprint that are impacted by the Market. Trash
collection and removal shall occur throughout the Market and at the conclusion of the Market to
ensure all trash receptacles are usable throughout the event and immediately upon the conclusion
of the event for general public use. OHG shall provide trash receptacles at its own cost and
expense. OHG shall provide additional temporary trash receptacles to be placed throughout the
event site as needed. OHG shall not dispose of Market trash in dumpsters provided for use by City
or other local merchants or residents.
H. OHG shall ensure that its participants park vehicles as required by the Traffic
Management Plan, at both the Lemon Street and Cypress Street closure sites, in coordination with
placement of the type three barricades to act as safety barriers, and fully close W. Palm Avenue to
vehicle traffic. Each vehicle must remain in place for the duration of the closure.
I.Unless otherwise stated herein, OHG shall comply with all conditions of the
applicable CUP. Any future expansion in area or in the nature and operation of the use approved
by the applicable CUP shall require an application for a new or amended Conditional Use Permit.
OHG shall also comply with all applicable state and federal mandates as they relate to all storm
water issues and as directed by City.
J.OHG shall designate an individual to serve as a public contact for any and all
inquiries, including, but not limited to, complaints related to the Market, and shall maintain a list
of contacts and phone numbers and provide the list to City no fewer than two (2) weeks prior to
commencement of the first Market.
K. OHG shall work with designated City representatives for business involving the
Market to ensure compliance with this Agreement.
5.City Obligations. City shall provide type three barricades in sufficient quantities to close
West Palm Avenue at both Lemon Street and Cypress Street by 7:00 a.m. each Saturday. City
shall pick up these same barricades at or after 2:00 p.m. each Saturday, consistent with a City
approved Traffic Management Plan. Staff may adjust the Traffic Management Plan from time to
time as needed in an effort to provide optimal safety and minimal impacts to local residents and
businesses.
6. Insurance.
A. OHG shall carry workers' compensation insurance as required by law for the
protection of its employees, if any, during the production of the Market.
B. OHG shall maintain during the life of this Agreement, comprehensive general
liability insurance or commercial general liability insurance written on an occurrence basis
providing for a combined single limit of two million dollars ($2,000,000)per occurrence with four
million dollars ($4,000,000) aggregate for bodily injury, death and property damage.
C. Each policy of general liability insurance coverage shall provide that City, its
officers, agents, and employees and City designated volunteers are declared to be additional
insureds under the terms of the policy,but only with respect to the work performed by OHG under
this Agreement. Policy endorsements to that effect shall be provided to City along with the
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executed originals of the certificate(s)of insurance. An endorsement to the general liability policy
shall be on a form acceptable to the City Attorney. In lieu of an endorsement, City will accept a
copy of the policy(ies) that evidences that City is an additional insured as a contracting party and
that such coverage affords City coverage for ongoing work exposure.
D. The insurance policies maintained by OHG shall be primary insurance and no
insurance held or owned by City shall be called upon to cover any loss under the policy. OHG
will determine its own needs in procurement of insurance to cover liabilities other than as stated
above.
E. Any policy or policies of insurance required herein shall contain a provision that
no termination, cancellation or change of coverage or of insured or additional insured shall be
effective unless ten(10) days' notice thereof has been given in writing to City.
F. OHG shall immediately notify City if any required insurance lapses or is otherwise
modified, and cease performance of this Agreement unless otherwise directed by City. In such a
case, City may procure insurance or self-insure the risk and charge OHG for such costs and any
and all damages resulting therefrom.
G. OHG and City shall give each other prompt and timely notice of.any claim made
or suit threatened and/or instituted against OHG or City related to the Market.
H. If OHG shall require each commercial vendor to obtain general liability insurance,
each said policy of general liability insurance coverage shall provide that City, its officers, agents,
employees, and City designated volunteers are declared to be additional insureds under the terms
of the policy, but only with respect to the work performed by the vendor, under the terms of its
agreement with OHG.
7. OHG Records. OHG shall retain copies of all records relating to this Agreement for a
minimum period of three(3)years following the expiration or termination of Agreement. All such
records shall be available for inspection, audit or review by an authorized representative of City at
any time, upon reasonable notice.
8. Assignability. OHG shall not assign or transfer any interest in this Agreement, whether
by assignment or notation without the prior written consent of the City. Any attempted assignment
without compliance with section shall be ineffective for any purpose and constitute a breach of
this Agreement.
9. Equal Employment Opportunity. During the performance of this Agreement, OHG
agrees as follows:
A. OHG shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, mental or physical disability, or any other
basis prohibited by applicable law. OHG shall ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion, sex,
national origin,mental or physical disability,or any other basis prohibited by applicable law. Such
actions shall include, but not be limited to the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
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of compensation and selection for training, including apprenticeship. OHG agrees to post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
B. OHG shall, in all solicitations and advertisements for employees placed by, or on
behalf of OHG, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, national origin, mental or physical disability, or any
other basis prohibited by applicable law.
C. OHG shall cause the foregoing paragraphs A and B to be inserted in all subcontracts
for any work covered by this Agreement,provided that the foregoing provisions shall not apply to
subcontracts for standard commercial supplies or raw materials.
10. Hold Harmless. OHG agrees to hold City, its officers, agents and employees harmless
from any and all claims, liabilities or losses for personal injury, death or property damage,
including workers' compensation claims, arising out of or in connection with work undertaken or
equipment provided pursuant to this Agreement to the extent any claim is caused by or results
from any acts or omissions, or international misconduct of OHG, its employees, volunteers, or its
agents. Further, OHG agrees to provide City, its officers, agents and employees, at the request of
City, and at the sole expense to OHG, with the defense of any and all such actions, suits or other
legal proceedings brought against City,its agents,officers and employees including any award for
attorneys' fees. OHG shall not be liable for the indemnification and defense of City on claims or
litigation arising out of the sole negligence or sole willful misconduct of City.
11. OHG Compliance with Law.
A. OHG shall comply with all federal, state, and local laws, ordinances, regulations
and directives applicable to the performance of this Agreement. OHG shall further keep and
maintain in effect any and all licenses, permits, notices and certificates as required by law,
including a City of Orange business license.
B. In addition to the requirements,above, OHG shall comply with all applicable Fire
Department guidelines in effect January 1st of any given year during which the Market is produced.
Additional requirements may be added by the Fire Department, as necessary, and at the Fire
Department's discretion.
12. Independent Contractor., At all times during the term of this Agreement, OHG shall be
an independent contractor and not an employee of City. City shall have the right to control OHG
only insofar as the result of OHG's services rendered pursuant to this Agreement. City shall not
have the right to control the means by which OHG accomplishes services rendered pursuant to this
Agreement. OHG shall be solely responsible for, and shall indemnify, defend and save City
harmless from all matters relating to the payment of its subcontractors, agents and employees,
including compliance with social security, withholding and all other wages, salaries, benefits,
taxes, exactions, and regulations of any nature whatsoever. OHG acknowledges that OHG and
any subcontractors, agents or employees employed by OHG shall not, under any circumstances,
be considered employees of City, and they shall not be entitled to any of the benefits or rights
afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay,
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Public Employees Retirement System benefits, or health, life, dental, long-term disability or
workers' compensation insurance benefits.
13. Conflicts of Interest. OHG agrees that it shall not make, participate in the making, or in
any way attempt to use its position to influence any decision of City in which it knows or has
reason to know that OHG, its officers, partners, or employees have a financial interest as defined
in Section 87103 of the Government Code.
14. Validity. The invalidity in whole or in part of any provision of this Agreement shall not
void or affect the validity of any other provision of this Agreement.
15. Governing Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of California and OHG agrees to submit to the jurisdiction of
California courts. Venue for any dispute arising under this Agreement shall be in Orange County,
California.
16. Notices. Notices and written communications sent by one party to the other shall be
personally delivered,by e-mail, or sent by U.S. Mail,postage prepaid,to the following addresses:
City" OHG"
City of Orange Orange Home Grown Foundation Inc.
300 E. Chapman Avenue P.O. Box 871
Orange, CA 92866 Orange, CA 92856
Attn: Public Works Director Attn: President or Executive Director
Telephone: (714) 744-5525 Telephone: (714) 397-4699
E-mail: pwinfo@cityoforange.org E-mail: mpennohg@gmail.com
17. Exclusivity and Amendment of Agreement.
A. This Agreement supersedes any and all other agreements either oral or in writing
between the parties hereto with respect to the production of the Market and contains all the
covenants and agreements between the parties with respect to such production. Each party to this
agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party which are not
embodied herein.
B. This Agreement may only be changed by written amendment signed by OHG and
the City Manager or other authorized representative of the City, subject to any requisite
authorization by the City Council. Any oral representations or modifications concerning this
Agreement shall be of no force or effect.
Remainder ofpage intentionally left blank;signatures on next page]
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IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed
on the dates hereinafter respectively set forth.
APPROVED AS TO FORM: CITY OF ORANGE, a municipal corporation:
DocuSigned by: DocuSigned by:
By. rnramnrnA7saRA By• '-02D88B777A20417..
Nathalie Adourian Daniel R. Slater, Mayor
Senior Assistant City Attorney
ATTEST:ORANGE HOME GROWN FOUNDATION INC.
DocuSigned by: DocuSigned/
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by:
R9RFnrRRRFFA 4 By: LfrRRRaaar4Qna51
Pamela Coleman, City Clerk Glory Johnson, President
DocuSSiiggnned by:
By: 457 39a A0A.
Megan Penn
Executive Director
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EXHIBIT"A"
ORANGE HOME GROWN FOUNDATION &ARTISANS MARKET LAYOUT
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EXHIBIT "A"
so._ Orangea Home GrownOpFarmers & Artisans
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303 W. Palm Ave. Orange, CA 92866
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ORANGE FIRE REQUIREMENTS
LEGEND
Tents short meet State Fire Marshol flume resistance requirements by certificate of inherent properties,or opplicobility(SFM seal or CPAt-84 label)
Tents shall be a minimum of 20'from internal combustion engines U One 10 x 10'Former/Artisan space
Tents open on all sides can be placed side by side in clusters
Clusters short be separated from other clusters by 17 breaks II Farmers Parking(on-site)
Currently serviced or current year manufactured fire extinguishers with o minimum rating 2A-I OB:C shall be located within 75'of travel distance
io. Fire Extinguisher symbol
At booths shall provide a clear 3 exit
Fire deportment access required within 150'of buildings and structures(this corner lot may not require on site fire deportment access as long as you con Temporary Cones to Direct Foot Traffic
meet the distances for the structures including existing buildings)
Sub nit written policy of responsibilities placed on the on site market coordinator(including setup inspection.extinguisher placement,and obstructions
or encroochmet
vehicles permitted next to ten'clusters of no more thon 400 Squoin feet,with breaks of 12 to other clusters from these clusters with vehicles Exhibit A
Page 1 of 1
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CONDITIONAL USE PERMIT NO.3100-19
RESOLUTION NO. PC 18-19
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ORANGE APPROVING CONDITIONAL USE
PERMIT NO. 3100-19 ALLOWING A PERMANENT
FARMERS AND ARTISANS MARKET WITH LIVE
ENTERTAINMENT LOCATED AT 303 WEST PALM
AVENUE, INCLUDING THE USE OF THE PALM AVENUE
RIGHT-OF-WAY BETWEEN LEMON STREET AND
CYPRESS STREET AND THE NORTHERN PARKING LOT
OF 283 NORTH CYPRESS STREET.
APPLICANT: ORANGE HOME GROWN INC.
Moved by Commissioner Willits and seconded by Commissioner Martinez that the
following resolution be adopted:
WHEREAS, the Planning Commission has authority per Orange Municipal Code (OMC)
Section 17.10.030 to make a final determination on an application for a Conditional Use Permit
related to the establishment of a permanent Farmers and Artisans Market with live entertainment
on property zoned Public Institution(PI)and Residential Multiple Family(R-3);and
WHEREAS,the application for Conditional Use Permit No.3100-19 was processed in the
time and manner prescribed by state and local law;and
WHEREAS,the Orange Home Grown Farmers and Artisans Market has been in operation
in its present location at 303 West Palm Avenue and adjacent public street under a Temporary Use
Permit for 24 months without incident and operated in an adjacent location for six years prior to
relocating to its present location without incident; and
WHEREAS, the PIanning Commission conducted a duly advertised public hearing on
October 7,2019,at which time interested persons had an opportunity to testify either in support of
or opposition to the addition of a Farmers and Artisans Market at the Chapman University Becket
Building Parking Lot and the Chapman University's Dodge College of Film and Media Arts
Parking Lot located at the northwest corner of Lemon Street and Palm Avenue upon property
generally described as follows:
SEE ATTACHED
NOW, THEREFORE, BE IT RESOLVED that the Planning, Commission approves
Conditional Use Permit No. 3100-19 to allow the Orange Home Grown Farmers and Artisans
Market at the Chapman University Becket Building Parking Lot,the Chapman University Dodge
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Resolution PC No. 18-19
October 7,2019
Page 2
College of Film and Media Arts Parking Lot located at the northwest corner of Lemon Street and
Palm Avenue,and the Palm Avenue public right-of-way between Lemon Street and Cypress Street,
on Saturdays between the hours of 7:00 AM -2:00 PM, based on the following findings:
SECTION 1 —FINDINGS
General Plan Required Findings:
1. The project must be consistent with the goals and policies stated within the City's General
Plan.
The proposal is consistent with the City's General Plan. It is in conformance with the
Public Facilities Land Use designation of the General Plan and supports the Low
Medium Density Residential Land Use designation of the General Plan..The central
location of the proposal within an area that is partially designated as residential and
public facilities allows the proposal to provide a quasi-public service which promotes
community relationships and increases the availability of fresh and locally sourced
foods and goods within a high transit area.The proposal is consistent with the goals and
policies of identifying Orange as an attractive and diverse shopping destination,
promoting commercial enterprises and encouraging local patronage.
Conditional Use Permit Required Findings:
1. A Conditional Use Permit shall be granted upon sound principles of land use and in
response to services required by the community.
The granting of this Conditional Use Permit would be based upon sound principles of
land use and in response to services required by the community in that consideration has
been given as to whether the proposed use will detrimentally affect adjacent land uses.
The Farmers and Artisans Market is located at the Chapman University Becket Building
Parking Lot, the Chapman University Dodge College of Film and Media Arts Parking
Lot located at the northwest corner of Lemon Street and Palm Avenue, and the Palm
Avenue right-of-way within the Old Towne Historical District. It is also in close
proximity to a diverse cross-section of neighborhoods,and across the street from student
apartments; therefore, the Farmers and Artisans Market is able to draw its patrons from
Chapman University and residents and customers from around the Old Towne area.
Operation of a weekly farmers market provides a venue for food shopping in Old Towne
that does not exist otherwise.
The live music would occur during the open market hours of 9:00 AM to 1:00 PM on a
weekly basis and would serve as background music. The type of live entertainment
requested is considered consistent with the type of use.Instruments are typically acoustic
or amplified acoustic instruments with vocals, operating measures related to speaker
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Resolution PC No. 18-19
October 7,2019
Page 3
orientation and location of the music area are in the market layout. This finding is
consistent with the goals and policies stated within the City's General Plan.
2. A Conditional Use Permit shall'not be granted f it will cause deterioration of bordering
land uses or create special problems for the area in which it is located.
The Orange Home Grown Farmers and Artisans Market has been in operation at this
location for the last twenty-four months, since November 2017. The Farmers and
Artisans Market had been operating before at the Villa Park Orchard Parking lot,directly
west from the current location, from May 2011 to October 2017. The subject farmer's
market site is adjacent to a single-family residence and to minimize noise issues with
nearby single-family homes,the applicant has switched the current location of the market
information booth with the music booth, in order to place more-distance between the
music and the single-family home to the north of the site.Additionally,the applicant has
angled the speakers to point directly towards Cypress Street and Palm Avenue, away
from the single-family homes to the north of the site and the single family homes to the
east side of Lemon Street. The homes on the east side of Lemon Street are significantly
buffered from amplified noise due to the placement of the speakers next to the Becket
Building. With implementation of the Conditions of Approval, the, live music would
comply with the noise provisions in the Orange Municipal Code.
3. A Conditional Use Permit shall be considered in relationship to its effects on the
community or neighborhood plan for the area in which it is located.
The site is located in the Santa Fe Depot Specific Plan area and a portion of the Chapman
University Specific Plan area.The Farmers and Artisans Marketprovides a benefit to the
community in that they are selling locally grown, farm fresh produce to the residences of
Orange supporting the community plan to facilitate and encourage a mix of commercial
and residential uses within the existing transit center.The live music would occur during
the open market hours of 9:00 AM to 1:00 PM on a weekly basis and would serve as
background music.
4. A Conditional Use Permit, ifgranted, shall be made subject to those conditions necessary
to preserve the general welfare, not the individual welfare of any particular applicant.
The conditions will preserve the general welfare of the community by keeping the
Farmers and Artisans Market organized, clean and aesthetically pleasing. Conditions#3
9 ensure that the market is kept organized and Conditions#10 - #14 ensure that the
market is kept clean.
SECTION 2—ENVIRONMENTAL REVIEW
This project is categorically exempt from the provisions of the California Environmental Quality
Act per State CEQA Guidelines Section 15304(Class 4)—Minor Alterations to Land.
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Resolution PC No. 18-19
October 7,2019
Page 4
SECTION 3—CONDITIONS OF APPROVAL
BE 1T FURTHER RESOLVED that the following conditions are to be imposed with approval:
1. A maximum of 60 vendors, which consist of farmers,artisans,non-profits,educators,and an
information booth, will be allowed at the Farmers and Artisans Market each day the market
is open.
2. Any future expansion in area or in the nature and operation of the use approved by Conditional
Use Permit No. 3100-19 shall require an application for a new or amended Conditional Use
Permit.
3. City street closure of West Palm Avenue between Cypress Street and Lemon Street every
Saturday from.7:00 AM to 2:00 PM will be executed each week consistent with a staff
approved Traffic Management Plan as approved by City Council Resolution No. 11189. The
Traffic Management Plan shall incorporate proper traffic control measures. The Traffic
Management Plan may be implemented either through an agreement with the City or through
a City approved traffic management vendor.
4. Periodic executive chef demonstrations will be allowed at the Farmers and Artisans Market.
The chefs will be permitted to cook on-site as part of their demonstration. A maximum of 20
executive chef demonstrations shall be permitted a year.
5. The executive chef demonstrations with on-site cooking shall comply with the City of Orange
Fire Department's requirements. For additional information contact the Fire Safety Specialist
at (714) 288-2541. Additional permits may be required through the City of Orange Fire
Department.
6. Live music and any associated amplified noise, including sound checks, shall be limited to
the open market hours of Saturdays 9:00 AM to 1:00 PM on a weekly basis. Live music is
permitted only as ancillary to the ambiance of the market. Live entertainment groups shall
consist of no more than five artists: Disc jockeys on premises shall not be permitted. ;.
7. One uniformed security guard shall be provided, during hours of market operation, and
evaluated upon request of the Police Chief and the Community Development Director or
designees to determine whether additional uniformed security is needed.
8. The vendors shall arrive no earlier than 7:00 AM to set up.The Farmers and Artisans Market
shall be open to the public between 9:00 AM to 1:00 PM,and the vendors shall clean up and
leave by 2:00 PM.
9. The applicant shall ensure that no vendors park or unload along the street in front of property
addressed as 325 North Cypress Street(APN: 039-151-09).
10. Parking in non-designated areas such as drive-aisles and other traffic circulation areas is
prohibited.
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11. Unless it is raining,the storm drain inlet(s)adjacent to the Farmers and Artisans Market shall
be covered every day the Farmers and Artisans Market operates from 7:00 AM to 2:00 PM so
that products are not washed or swept into it.
12. All tents and banners shall be kept in a clean and aesthetically pleasing manner.The banners
shall not be placed within the public right-of-way.
13. A restroom facility shall be made available within 200' of the market for the vendors. The
facility must have running hot water and must be open to the vendors on Saturdays from 7:00
AM to 2:00 PM.
14. Market managers shall be responsible to check the vendor's restrooms at least two (2)times
while the market is open to ensure that the vendors are keeping the restrooms clean.
15. The banners are permitted a maximum of 150 calendar days in a year. Orange Home Grown
Inc.will be responsible for tracking the number of days that the banners have been displayed.
The tracking system shall be available for viewing by the public or City staff upon request.
16. It is unlawful for any person at any location within the City to create any noise, or to allow
the creation of any noise on property owned,leased,occupied or otherwise controlled by such
person, which causes the noise level when measured on any residential property. In the case
of noise complaint the applicant shall work with City staff to resolve the noise complaints,to
the satisfaction of the Police Chief and the Community Development Director or designees.
17. Normal operations of the Farmers and Artisans Market shall include compliance with the
City's Municipal Code Title 7 Environment—Water Quality and Storm Water Discharges.
No discharge of water of any kind from the site shall be allowed to drain to onsite storm drains
connected to the public storm drain system; nor shall any water of any kind be allowed to
discharge into the public right-of-way and/or storm drain system. Areas along the perimeter
of the site shall be kept clean and free of trash and debris. All materials and/or packaging on
site shall be secured as to prevent the materials from becoming windblown or transported into
the public right-of-way and/or storm drain system. In addition, the discarding of any waste
material, i.e. trash or other debris, onto the public right-of-way is prohibited. If the use of
water is necessary to maintain items for sale,then all water shall be vacuumed up and disposed
of properly. Employees and vendors shall be trained to comply with these requirements.
18. Proper Best Management Practices(BMPs)shall be used to ensure that no wastewater or wash
water is discharged from any portable restrooms and portable hand-washing facilities. Any
spilled solid or liquid material is removed immediately and disposed of properly. A spill kit
with absorbent material should be readily available for spill response.
19. Fire Department Code requires that tents may be spaced in one of two ways:
a. The first option is to group the tents into groups of 4, roughly 400 square feet, with a 10
foot clear space between the groupings. This does not require a Fire Department permit.
b. The second option is to place one fire extinguisher every 75 feet. The extinguishers can be
placed on one side of the Market as long as the extinguishers are retrievable from any point
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in the Market. This option does require a Fire Department permit, which needs to be
renewed as required by the Fire Department.
20. Any tent with cooking/roasting facilities requires a 40 BC fire extinguisher. Any tent with
cooking/roasting facilities requires a 20 foot separation from any other tent.
21. The Farmers and Artisans Market shall comply with the City of Orange Fire Department's
Tents,Canopies and Special Event requirements.Three sets of plans shall be submitted to the
Fire Safety Specialist for review and permit renewal. The permit shall be renewed every 6
months,or as required by the Fire Department.
22. OMC Section 17.10.030.H states that this permit may be revoked by the City if any of the
conditions or terms are violated, or if any ordinance or other provision of law is violated in
connection with the permit. This includes, but is not limited to any expansion, deviation, or
violation of the conditions stated in this letter.
23. 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 City's active negligence.
24. Building permits shall be obtained for all tenant improvements, as required by the City of
Orange, Community Development Department's Building Division. Failure to obtain the
required building permits will be cause for revocation of this permit.
25. 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.
26. These conditions shall be reprinted on the first or second page of the construction documents
when submitting to the Building Department for the plan check process.
27. If not utilized,project approval expires 24 months from the approval date. Extensions of time
may be granted in accordance with Section 17.08.060.
1 hereby certify that the foregoing resolution was adopted on October 7, 2019, by the Planning
Commission of the City of Orange by the following vote;
AYES:(with conditions)Commissioners Glasgow,Martinez, Simpson,and Willits
NOES:
ABSTAIN:
ABSENT:
Ernest lasgow, lann ommission Chair
Date