02-20-19 Sunrise Senior Assisted Living and Memory Care (DRC 4959-18) - 1301 E. Lincoln Avenue
AGENDA DATE: F EBRUARY 20, 2019
TO: Chair McDermott and Members of the Design Review Committee
THRU: Anna Pehoushek, Assistant Community Development Director
FROM: Chad Ortlieb, Senior Planner
SUBJECT: DRC No. 4959-18, Sunrise Senior Assisted Living and Memory Care, 1301 E.
Lincoln Avenue
S UMMARY
The applicant proposes to demolish an existing 13,414 square foot office building to construct a
93-unit, 120 bed, 75,514 square foot, senior assisted living and memory care facility with 62
covered parking spaces.
R ECOMMENDED A CTION – R ECOMMENDATION TO P LANNING
C OMMIS S ION
Staff recommends the DRC recommend that the Planning Commission a pprove the project based
on the findings and subject to the conditions of approval contained in the staff report and any
conditions that the DRC determines appropriate to support the required findings .
B ACKGROUND I NFORMATION
Applicant : 1301 E. Lincoln, LLC/Greg McCafferty
Owner: JMJ Enterprise, LLC
Property Location: 1301 E. Lincoln Avenue
General Plan Designation: General Commercial (GC) Max. 1.0 FAR
Zoning Classification: Office Professional (O -P)
Existing Development: 13,414 square foot office building
Property Size: 1.55 acres
Associated Applications: Major Site Plan Review No. 0958-18 plus Density Bonus Waivers
and Concessions
Previous DRC Project Review: None
Previous Entitlements: Conditional Use Permit No. 0853 was approved August 15, 1977,
under Planning Commission Resolution No. PC -75-77 for a tutorial
DESIGN REVIEW COMMITTEE
AGENDA ITEM
Design Review Committee Staff Report
February 20, 2019
Page 2 of 21
learning center. The building received approval for construction in
1971.
P UBLIC N OTICE
No Public Notice was required for this project.
E NVIRONMENTAL R EVIE W
Categorically Exempt per State CEQA Guidelines, Section 15332, (Class 32) – Infill Development
Projects.
P ROJECT D ESCRIPTION
The project proposes to demolish the existing office building and site improvements in order to replace
it with an assisted living and memory care facility with 93 units in 75,524 square feet of floor area. The
proposed structure is three stories tall with the north portion of the site being over a 62 -space
underground parking lot. Access occurs from Oceanview Avenue with eme rgency vehicle access being
available off Lincoln Avenue. The applicant is utilizing density bonus provisions of State Law to qualify
for waivers and concessions for floor area, building height, and stories. The total floor are ratio (FAR)
for the project is 1.10 and the highest point of the building is 39 feet with 3 stories as viewed from
Lincoln Avenue. The General Plan and zoning code would otherwise limit FAR to 1.0, height to 32
feet, and two stories.
The building is arranged in a zig-zag configur ation from north to south on the lot and covers most of the
lot. Paved open area is reserved adjacent to the Oceanview Avenue drive entrance for a passenger and
delivery loading zone area at the facility entrance. Additional open area is located east of the building
toward Eisenhower Park with pathways, landscaping, and seating areas. A 15 foot landscaped setback
is proposed between the building and Lincoln Avenue. The perimeter of the northerly half of the site
consists of paved walkways adjacent to raised planters.
A series of retaining walls are proposed along the north, east and, to a lesser extent, the west property
lines in order to accommodate site nestling into the hill slope. The retaining walls have maximum
heights in the 11 to 14 feet depth range down into the site depending on if measurement occurs to the
pad level or the adjacent planter walls. An additional 3.5 feet of tube steel fall protection fencing sits
on top of the retaining walls. Staff is recommending Condition 16 to require a tube steel fence of 6 feet
at the easterly property lines to prevent a fall danger into the site from Eisenhower Park which slopes
downward to the project interface. Hence, the view into the property would be of 3.5 to 6 foot high tube
steel perimeter fencing. The view out of the property would be onto a maximum 17.5 to 23.5 foot high
wall and fence combo.
Design Review Committee Staff Report
February 20, 2019
Page 3 of 21
Architecture
The building is designed to place the largest three -story massing at the south end facing Lincoln Avenue.
The appearance of height dissipates as the building recedes into the cut slope such that at the north end
of the site, the building will appear to have a one -story height.
The building utilizes the following architectural elements:
Regularly-spaced undulating tower segments at the Lincoln Avenue frontage
Lower stories with stucco walls painted in separate shades of brown, tan, and cream at undulating
separations
Upper stories with vertical fiber cement siding and metal window eyebrows/shades separating
the uppermost glass level
Projecting, near-flat, upward facing shed roofs with outriggers intertwined with downward
sloping, pitched roofs between projecting flat roof segments
Horizontal trim defining the floor of upper levels
Window encasement trim on lower levels
Stone veneer at the auto court/entry with storefront windows and an entry canopy
Geometric/regularly-spaced window spacing and window sizes with variations occurring at
bends and transitions in the building
On the east elevation, projecting deck or trellis covered walkways extend from the building
Tube steel fencing atop perimeter retaining walls
Roof mounted mechanical equipment
Non-illuminated monument signage near the corner of Lincoln and Oceanview Avenues
Landscaping
All 40 existing trees are proposed to be removed from the site . Many are mature trees of significant
heights and brown trunk diameter. Tree types include palms, Eucalyptus, and Carrotwood.
30 trees are proposed on the landscape plan. The trees are placed at the site entry, along Lincoln Avenue,
and in the easterly courtyard. No trees are proposed along the northerly half of the site due to the
retaining walls and building close proximity to setbacks . The Lincoln Avenue tree pallet includ es
flowering trees. Tree types include Fruitless Olive, Forest Pansy, Lavender Trumpet, and Brisbane Box.
The landscape plans show shrubs and groundcover in significant areas of monothematic zones with the
most dominant planting areas occurring alongside tree planting locations. The northerly section of the
site that is devoid of trees has planters against perimeter retaining walls and/or building walls to soften
Design Review Committee Staff Report
February 20, 2019
Page 4 of 21
the solid wall appearance as viewed from inside the site. Vines are a component of the nort herly and
northeasterly retaining walls.
Various colors and textures of concrete paving is utilized defining the site entry, perimeter walkways,
and easterly open space area. Decomposed granite is utilized under seating areas in the easterly open
space area. Synthetic turf is also used in the easterly open space area.
The site proposes 12,488 square feet (32%) of landscaped area and 26,630 square feet of hardscaped
area.
E XISTING S ITE
The site is developed with 13,414 square foot, single-story office building.
E XISTING A REA C ONTEXT
The area consists of Eisenhower Park to the immediate east of the site, a single -tenant office to
west, a church across Lincoln Avenue to the south, and multi and single -family residences to the
north of the site on an upward sloping hill. Residential properties north of the site are located in
an unincorporated County island known as the Olive community. An alley leading to a parking
lot serving Eisenhower Park exists immediately north of the site. The visual character of the area
is eclectic. The County residential properties to the north include mid -century homes, historic
bungalow homes, apartments, and two-story homes constructed within the last 10 years.
Eisenhower Park is to the east and is elevated above the site but without readily apparent structures.
The west side of the site is characterized by a single -story and single-tenant small office building
surrounded by two-story multi-family buildings. Across the street to the south is characterized by
an A frame-style church and open parking lot.
E VALUATION C RITERIA
Orange Municipal Code (OMC) Section 17.10.070 establishes the general criteria the DRC should
use when reviewing the project. This section states the following:
The project shall have an internally consistent, integrated design theme, which is reflected in the
following elements:
1. Architectural Features .
a. The architectural features shall reflect a similar design style or period.
b. Creative building elements and identifying features should be used to create a high
quality project with visual interest and an architectural style.
2. Landscape .
a. The type, size and location of landscape materials s hall support the project’s overall
design concept.
b. Landscaping shall not obstruct visibility of required addressing, nor shall it obstruct
the vision of motorists or pedestrians in proximity to the site.
Design Review Committee Staff Report
February 20, 2019
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c. Landscape areas shall be provided in and around parking lots to break up the
appearance of large expanses of hardscape.
3. Signage . All signage shall be compatible with the building(s) design, scale, colors,
materials and lighting.
4. Secondary Functional and Accessory Features . Trash receptacles, storage and loading
areas, transformers and mechanical equipment shall be screened in a manner, which is
architecturally compatible with the principal building(s).
A NALYSIS /S TATEMENT OF TH E I SSUES
Issue 1 Height and Stories:
The project proposes 3 stories and a maximum 39 foot height in an area context dominated by
single story buildings and Eisenhower Park. Such a height and mass would normally be
inappropriate. However, due to the building being at a lower grade than the park and the site being
graded into the hill, the massing will be directed to the lowest point of the property at the south
end facing Lincoln Avenue. The appearance of height dissipates as the building recedes into the
cut slope such that at the north end of the site, the building will appear to have a one -story height.
The Lincoln Avenue face of the property will blend in with the higher elevation of the park and its
existing mature trees. The 15 foot setback of the building from Lincoln Avenue will lessen the
massing at the street. The recesses and alternating colors and materials at the street front will
further reduce the appearance of mass. Oceanview Avenue will provide a distance separation
between the building mass and the buildings to the west.
Issue 2 Floor Area Ratio:
The General Plan assigns a 1.0 Floor Area Ratio (FAR) to the site but the site is designed with a
1.10 FAR. The FAR does not affect the design of the site due to the 32 percent landscaped area
provided, plus hardscape area, plus the cut grading into the hillside. Much of the typical FAR
concerns are alleviated due to use of a subterranean parking garage and semi-subterranean use of
space.
Issue 3 Wall Heights:
The Orange Municipal Code states that walls shall be limited to six feet, as measured from the side
of the fence or wall with the highest grade. Since the site is recessed into the hill, there is no limit
on the depth of the retaining wall. The visual impact and height limitation is based on the adjacent
properties grade. Hence, a fence may be placed on the retaining walls to a maximum of six feet
above the adjacent grade. The project proposes a tube steel fence that will appear no higher than
six feet tall from adjacent grade and no visual impact is expected from the fence as viewed from
exterior properties. Fencing within street-facing setbacks will be no higher than 42 inches. The
visual impact of the retaining walls to project tenants will be softened with planters and vine
treatment.
Design Review Committee Staff Report
February 20, 2019
Page 6 of 21
A DVISORY B OARD R ECOMMENDATIO N
SMART reviewed the application on October 31, 2018 and again on January 9, 2019. The project
was then walked to individual SMART members for signatures confirming that the project meets
the requirements of all City departments, subject to recommended conditions of approval.
S TAFF R ECOMMENDATION AND R EQUIRED F INDINGS
The courts define a “Finding” as a conclusion which describes the method of analysis decision
makers utilize to make the final decision. A decision making body “makes a Finding,” or draws a
conclusion, through identifying evidence in the record (i.e., testimony, reports, environmental
documents, etc.) and should not contain unsupported statements . The statements which support
the Findings bridge the gap between the raw data and the ultimate decision, thereby showing the
rational decision making process that took place. The “Findings” are, in essence, the ultimate
conclusions which must be reached in order to approve (or recommend approval of) a project. The
same holds true if denying a project; the decision making body must detail why it cannot make the
Findings.
Findings for DRC applications come from three sources:
The Orange Municipal Code
The Infill Residential Design Guidelines
The Historic Preservation Design Standards for Old Towne (commonly referred to the Old
Towne Design Standards or OTDS)
The Findings are applied as appropriate to each project. Based on the following Findings and
statements in support of such Findings, staff recommends the DRC recommend Planning
Commission approval of the project with recommended conditions.
1. In the Old Towne Historic District, the proposed work conforms to the prescriptive
standards and design criteria referenced and/or recommended by the DRC or other
reviewing body for the project (OMC 17.10.070.F.1).
The project is not in the Old Towne Historic District, therefore this finding is not
applicable.
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.F.2).
The project is not in a National Register Historic District , therefore this finding is not
applicable.
Design Review Committee Staff Report
February 20, 2019
Page 7 of 21
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.F.3).
The site is designed with sensitivity to community aesthetics. The architecture for the
building utilizes a consistent and repetitive theme of colors, materials, shapes, and form.
The building is designed to place the largest three -story massing at the south end facing
Lincoln Avenue. The appearance of height dissipates as the building recedes into the cut
slope such that at the north end of the site, the building will appear to have a one -story
height. Massing will be directed to the lowest point of the property at the south end facing
Lincoln Avenue. The Lincoln Avenue face of the property will blend in with the higher
elevation of the park and its existing mature trees. The 15 foot setback of the building from
Lincoln Avenue will lessen the massing a t the street. The recesses and alternating colors
and materials at the street front will further reduce the appearance of mass. Oceanview
Avenue will provide a distance separation between the building mass and the buildings to
the west.
Trees are planted in a rhythmic pattern in targeted landscape focal areas and shrubs and
groundcover are associated in significant monothematic zones. The northerly section of
the site that is devoid of trees has planters against perimeter retaining walls and/or buildi ng
walls to soften the solid wall appearance as viewed from inside the site. 32 percent of the
site is landscaped. Additionally, the site utilizes incorporates various colors and textures
of concrete paving.
Use of a subterranean parking garage and semi-subterranean use of space alleviates floor
area ratio concerns.
The project proposes a tube steel fence that will appear no higher than six feet tall from
adjacent grade and no visual impact is expected from the fence as viewed from exterior
properties. The visual impact of the retaining walls to project tenants will be softened with
planters and vine treatment.
There is no specific plan or applicable design standards applicable to this property.
4. For infill residential development, as specified in the City of Orange Infill Residential
Design Guidelines, the new structure(s) or addition are compatible with the scale, massing,
orientation, and articulation of the surrounding development and will preserve or enhance
existing neighborhood character (OMC 17.10.07.F.4).
The project meets this finding in that it is not an infill residential project.
Design Review Committee Staff Report
February 20, 2019
Page 8 of 21
C ONDITIONS
The approval of this project is subject to the following conditions:
GENERAL CONDITIONS
1. The project shall conform in substance and be maintained in general conformance with
plans and exhibits approved by the Planning Commission, including any modifications
required by conditions of approval, as approved by the Planning Commission. Any future
expansion in area or in the nature and operation of the use approved by Major Site Plan
No. 0958-18 shall require the applicable application.
2. The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents
and employees from any and all liability or claims that may be brought against the City
arising out of its approval of this permits, save and except that caused by the City’s active
negligence. The City shall promptly notify the applicant of any such claim, action, or
proceedings and shall cooperate fully in the defense.
3. 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 may be cause for
revocation of this permit.
4. Major Site Plan No. 0958-18 shall become void if not vested within two years from the
date of approval. Time extensions may be granted for up to one year, pursuant to OMC
Section 17.08.060.
5. Any modifications to the plans including, but not limited to, the landscaping and parking
as a result of City 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.
6. 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 locatio n 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 o f the approval
action, and that the action would have been the same for the changed plan as for the
approved plan, the Community Development Director may approve the changed plan
without requiring a new public hearing.
7. Building permits shall be obtained for all construction work, as required by the City of
Orange, Community Development Department’s Building Division. Failure to obtain the
Design Review Committee Staff Report
February 20, 2019
Page 9 of 21
required building permits may be cause for revocation of this entitlement. The applicant
shall pay all plan check and building permit fees.
8. 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.
9. In conjunction with construction, all activity 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.
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. 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.
COMMUNITY DEVELOPMENT CONDITIONS
General Planning Conditions
12. Plans submitted for building plan check shall show that a six foot high tube steel fence is
placed atop the proposed retaining walls along the easterly proper ty lines of the site to
prevent a falling danger into the site from Eisenhower Park which slopes downward into
the site. The fence shall be constructed in a secure manner that meets approval of the
Building Official and meets the needs of the Community Se rvices Department. The fence
shall be maintained in perpetuity by the applicant and successors to property ownership.
13. The applicant at all times shall provide the required number of parking spaces shown in
the approved site plan.
14. In conjunction with the operation of the business, should parking issues arise on the site or
the surrounding neighborhood, the applicant shall work with the Community Development
Department to resolve any issues. Employee parking shall not occur on the adjacent
Eisenhower park public parking lot.
15. Prior to building permit issuance, all required parking spaces shall be shown on
construction documents as doubled striped to City standards at the time of approval.
Design Review Committee Staff Report
February 20, 2019
Page 10 of 21
16. Prior to Certificate of Occupancy, all parking lot and landscaping improvements shall be
completed according to the approved plans and to the satisfaction of the Community
Development Director.
17. 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.
18. In conjunction with the operation of the business, all loading areas and the trash enclosure
shall be maintained and kept clean and free of debris.
19. Prior to the operation of the business the applicant shall file for a business license with the
Business License Division.
20. Glare from any new or remodeled 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 or cause illumination in residential districts in excess of 0.5 foot-candles. Prior
to certificate of occupancy, the applicant shall contact the Orange Police Crime Prevention
Bureau and set an appointment on-site to test all lighting to ensure it meets OMC standards.
21. Prior to Building Permit issuance, the applicant shall pay all of the applicable Development
Impact Fees in accordance with the mo st current fee schedule.
22. Prior to Building Permit issuance, the applicant shall pay any outstanding monies due to
the City of Orange for Planning Division entitlement activities related to this project.
23. 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. This
includes, but is not limited to, the buildings, landscape on-site, recreational facilities, trash
areas, signage, utilities, pro perty walls, and gates.
24. The term “applicant” shall refer to the entity that requests approval of this action or any
successor in interest to this approval.
25. A project entry gate(s), other than at secondary emergency vehicle access and emergency
evacuation points, are prohibited without Design Review Committee consideration and
Planning Commission approval.
Design Review Conditions
26. Subsequent modifications to the approved architecture and color scheme shall be submitted
for review and approval to the Community Development Director or designee. Should the
modifications be considered substantial, the modifications shall be reviewed by the Design
Review Committee.
Design Review Committee Staff Report
February 20, 2019
Page 11 of 21
Signage
27. Prior to building permit issuance, the applicant shall obtain approval from the Planning
Division for any and all signage associated with the proposed project and/or business.
Trash Enclosures
28. Prior to building permit issuance, the applicant shall demonstrate that the trash enclosure
shall conform to City Standard Plan 409.
29. Prior to building permit issuance, the applicant shall demonstrate to the satisfaction of the
City that coordination has occurred with CC & R to schedule trash collection from the site
the number of time necessary to ensure that waste, refuse, organics, and recyclin g materials
are collected to prevent container overflow on-site.
30. Prior to permit issuance, the applicant shall submit and receive approval from the
Community Development Director for a Waste Reduction Plan. The applicant shall
coordinate with the City’s recycling coordinator to develop a plan to employ measures to
reduce the amount of construction generated waste.
Screening
31. Prior to building permit issuance, the applicant shall demonstrate to the satisfaction of the
Community Development Director that new mechanical equipment screening shall be
installed that architecturally matches the building.
32. Prior to building permit issuance, the applicant shall demonstrate to the satisfaction of the
Community Development Director that all mechanical and air condition ing equipment
shall be shielded and screened from view from adjacent streets and properties. The
screening shall be integrated architecturally with the building.
POLICE DEPARTMENT CONDITIONS
Public Safety
33. Prior to building permit issuance, construction plans shall show that all structures shall
comply with the requirements of Municipal Code (Chapter 15.52 Building Security
Standards), which relates to the use of specific hardware, doors, windows, lighting, etc
(Ord. No. 6-18). Architect drawings shall include sections of the Ordinance that apply
under “Security Notes”. An “Approved Products List 1/17” of hardware, windows, etc is
available upon request.
34. 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
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February 20, 2019
Page 12 of 21
as placement and orientation of structures, access and visibility of common areas,
placement of doors, windows, addressing and landscaping.
35. 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 ext erior boundaries; light
spillage or pollution to surrounding residential areas shall not exceed a maintained
minimum of 0.5 foot-candle.
36. The project landscape plan shall be revised at plan check to show that defensive
landscaping is utilized behind the retaining wall and in front of the building located at the
west corner of the site, south of the motor court.
COMMUNITY SERVICE DEPARTMENT CONDITIONS
Landscaping
37. 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.
38. 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 in
landscaped areas.
39. Prior to building permit issuance, the final landscape plan shall be reviewed and approved
by the Orange Fire Department.
40. 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 et al of the City of Orange Landscape Standards and Specifications.
41. The final landscape plan shall include a note that a fully automated irrigation system will
be provided.
42. Prior to building permit issuance, City required irrigation and landscape inspection notes
shall be placed on the final landscape plan, to the satisfaction of the Community Services
Director.
43. Prior to building permit issuance, a Tree Permit Removal Permit shall be approved by the
Community Service Director in accordance with the City’s Tree Preservation Ordinance.
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February 20, 2019
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A plan is required for submittal to the City depicting all of the existing on-site trees, the
species of each tree, and the number of trees proposed for removal and replacement.
44. The Migratory Bird Treaty Act (MBTA) governs the taking, killing, possession,
transportation, and importation of migratory birds, their eggs, parts, and nests. The trees
that would be removed as part of the project have the potential to provide suitable nesting
opportunities for nesting birds. To comply with the MBTA, in the event that vegetation
and tree removal should occur between January 15 and September 15 (nesting season), the
project applicant shall retain a qualified biologist to conduct a nesting bird survey no more
than three days prior to commencement of construction activities. The biologist conducting
the clearance survey shall document any negative results. If no active bird nests are
observed on the project site or within the vicinity during the clearance survey, a brief letter
report shall be submitted to the City of Orange Community Development Department prior
to construction, indicating that no impacts to active bird nests would occur before
construction can proceed. If an active avia n nest is discovered during the pre-construction
clearance survey, construction activities shall stay outside of a 300 -foot buffer around the
active nest. For listed and raptor species, this buffer shall be 500 feet. A biological monitor
shall be present to delineate the boundaries of the buffer area and to monitor the active nest
to ensure that nesting behavior is not adversely affected by the construction activity,
pursuant to the MBTA. Prior to the commencement of construction activities and the
issuance of any permits, results of the pre-construction survey and any subsequent
monitoring shall be provided to the City of Orange Community Development Department,
California Department of Fish and Wildlife, and other appropriate agencies.
FIRE DEPARTMENT CONDITIONS
Standard Conditions
45. 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.
46. The Fire Department notes provided to the project applicant shall be provided within the
plans submitted for Building Plan Check. However, the plans shall comply with current
Fire Codes regardless of the codes quoted in the any previously provided communications .
47. A copy of the approved fire master plan shall be submitted with the plans submitted for
Building Plan Check.
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February 20, 2019
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PUBLIC WORKS DEPARTMENT CONDITIONS
Water Division
48. Prior to building permit issuance, the applicant shall submit improvement plans to t he
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.
49. To meet the required fire flow demands, commercial and industrial areas with 6 -inch
diameter water mains or smaller shall be upgraded to 10 or 12 -inch diameter water mains.
Similarly, in residential areas, 4 -inch diameter water mains shall be upgraded to 8 -inch
diameter water mains.
50. Prior to building permit issuance, the applicant shall be responsible for the installation
and/or relocation of the proposed or existing public water system facilities to a location
and of a design per the improvement plans approved by the Water Division.
51. 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.
52. Prior to building permit issuance, the Water Division shall approve the type and location
of landscaping and fire service (detector check) device for proposed City services.
53. Prior to building permit issuance, construction documents shall show a minimum twenty -
foot (20’) separation from the public water system facilities to the proposed/existing
buildings and structures per the City of Orange Standard Location Of Undergrounding
Utilities Standard and as approved by the Water Division.
54. Prior to building permit issuance, construction documents shall show that the installation
of sewer mains in the vicinity of water mains is done per the Department of Public Works
Water Division Standard No. 113 and will be approved by the Water Division.
55. 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.
56. 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.
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February 20, 2019
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57. 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.
58. 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.
59. Prior to approval of a water improvement plan, the applicant shall satisfy all water main
connection, plan check, and inspections charges as d etermined by the Water Division.
60. Prior to approval of the water improvement plan, the applicant shall satisfy all water
construction bond requirements for the installation of the public water system
improvements as determined by the Water Division.
61. Prior to approval of the water improvement plan, the applicant shall furnish a dedicated
and graded fifteen-foot (15) minimum unencumbered access and utility easement that will
be contiguous to an existing City right-of-way and/or easements as determined by the
Water Division for all existing City water facilities that will remain and all proposed City
water facilities, including main meters, detector checks and fire hydrants. The applicant
shall enter into a Grant of Easement and Agreement with the City of Orange as approved
by the Water Division.
62. 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.
63. 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 their plans with the
consultant preparing the fire suppression plans and/or fire master plan so that their designs
concur.
64. 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 their 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.
65. Prior to issuance of precise grading permits, the applicant shall submit a ground water
survey of the entire site to the Water Division for review and approval. The analysis shall
Design Review Committee Staff Report
February 20, 2019
Page 16 of 21
be prepared by a geotechnical engineer versed in groundwater analysis and shall include
the following information and analysis:
a. Potential for perched groundwater intrusion into the shallow groundwater zone
upon built-out.
b. Analysis for relief of groundwater buildup and properties of soil materials on-site.
c. Impact of groundwater potential on building and structural foundations.
d. Proposed mitigation to avoid potential for groundwater intrusion within five feet of
the bottom of the footings.
66. At least fourteen 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.
67. Prior to issuance of certificate of occupancy, the applicant shall furnish and install
individual pressure regulators on new services where the incoming pressure exceeds
eighty-pounds per square inch.
Water Quality Division
68. 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,
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February 20, 2019
Page 17 of 21
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 project’s structural and treatment
BMPs are being inspected and maintained in acco rdance with the project’s WQMP.
69. Prior to the issuance of certificates for use of occupancy, the applicant shall demonstrate
the following to the Public Works Department :
k. That all structural and treatment control best management practices (BMPs)
described in the Project WQMP have been constructed and installed in
conformance with the approved plans and specifications ,
l. That the applicant is prepared to implement all non-structural BMPs described in
the Project WQMP,
m. That an adequate number of copies of the project’s approved final Project WQMP
are available for the future occupiers.
70. Prior to the issuance of certificates for use of occupancy or final signoff by the Public
Works Department, the applicant shall demonstrate to the satisfaction of Public Works,
that the preparer of the WQMP has reviewed the BMP maintenance requirements in
Section V of the WQMP with the responsible person and that a copy of the WQMP has
been provided to that person. A certification letter from the WQMP preparer may be used
to satisfy this condition.
71. Prior to issuance of building permits, the applicant shall review the approved Water Quality
Management Plan (WQMP) and grading plan to ensure the structure’s downspouts or
drainage outlet locations are consistent with those documents. Cop ies of the building or
architectural plans specifically showing the downspouts and drainage outlets shall be
submitted to the Public Works Department for review.
72. The project applicant shall maintain all structural, treatment and low impact development
BMPs at the frequency specified in the approved WQMP. Upon transfer of ownership or
management responsibilities for the project site, the applicant shall notify the City of
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February 20, 2019
Page 18 of 21
Orange Public Works Department of the new person(s) or entity responsible for
maintena nce of the BMPs.
73. Drainage facilities discharging onto adjacent property shall be designed to imitate the
manner in which runoff is currently produced from the project site. Alternatively, the
project applicant may obtain a drainage acceptance and maintena nce agreement, suitable
for recordation, from the owner of said adjacent property.
74. Prior to the issuance of a grading permit (including grubbing, clearing, or paving permits)
the applicant shall demonstrate that coverage has been obtained under the State’s General
Permit for Storm water Discharges Associated with Construction Activity (General
Construction Permit) by providing a copy of the Notice of Intent (NOI) submitted to the
State Water Resources Control Board and a copy of the subsequent notification of the
issuance of a Waste Discharge Identification (WDID) Number or other proof of filing. A
copy of the current SWPPP required by the General Permit shall be kept at the project site
and be available for review by City representatives upon request..
75. 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.
Right-of-Way Divis ion
76. The applicant shall not grant an easement(s) over any property subject to a requirement of
easement, dedication, or irrevocable offer of dedication to the City of Orange, unless such
easements are expressly made subordinate to the easements or dedication rights of the City
of Orange. Prior to granting any such easements, the applicant shall furnish a copy of the
proposed easement to the Planning Manager, Water Division Manager, and Public Works
Director for review and approval. Further, a copy of the approved easement shall be
furnished to the Planning Manager, Water Division Manager and Public Works Director
prior to the issuance of any certificate of use and occupancy.
77. A parcel map shall be prepared and recorded within 24 months after project approval and
prior to issuance of building permits to combine the lot lines within the project boundaries.
SPECIFIC TIMING CONDITIONS
Prior to Grading Permit
78. 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
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February 20, 2019
Page 19 of 21
property shall be made in accordance with the Manual of Grading and Standard Plans and
Specifications to the satisfaction of the Public Works Director.
79. Prior to Grading Permit issuance, the applicant shall submit and receive approval of a
hydrology report for existing and proposed conditions. The existing drainage patterns shall
be maintained for proposed conditions. Design of drains behind the retaining walls should
be sized to handle 100-year storm event.
80. Prior to the issuance of a Grading Permit, a sewer capacity analysis shall be submitted and
approved to ensure sufficient sewer service can be provided by the public sewer system.
81. Any soil imported or exported from the site shall require a separate permit. Prior to import
or export of soil exceeding 30,000 cubic yards, approval shall occur by the City Council.
A dirt haul route shall be approved by the City Council and the travel path is subjected to
pavement deterioration evaluation.
82. The applicant shall pay all applicable fees to cover plan check and inspection services
related to the grading activities.
83. The grading plan shall detail all of the locations where retaining walls will be constructed,
including height and engineering for each wall, and obtain a building permit for walls over
three (3) feet in height prior to construction.
84. Any grading outside of the property boundaries shall require the applicant to either obtain
slope easements or off-site grading agreements in a form suitable to the Public Works
Director.
85. Prior to issuance of precise grading permits, the applicant shall submit a groundwater
survey of the entire site to the Public Works Director for review and approval. The analysis
shall be prepared by a geotechnical engineer versed in groundwater analysis and shall
include the following information and analysis:
a. Potential for perched groundwater intrusion into the shallow groundwater zone
upon built-out.
b. Analysis for relief of groundwater buildup and properties of soil materials on-site.
c. Impact of groundwater potential on building and structural foundations.
d. Proposed mitigation to avoid potential for groundwater intrusion within five feet of
the bottom of the footings.
Prior to Building Permit
86. Rough grading shall be completed to the satisfaction of the City Engineer/Public Works
Director and the graded site shall be released by the City Engineer/Public Works Director
for construction.
Design Review Committee Staff Report
February 20, 2019
Page 20 of 21
87. The applicant shall pay school district fees, unless Orange Unified School Dist rict
(OUSD)provides written notification to the City that fees have been satisfied,
88. The applicant shall submit construction documentation for plan check review and approval
from the Building Official, in accordance with the currently adopted set of Uniform
Building and Fire Codes.
89. The applicant shall coordinate with the City’s solid waste provider for location and design
of service.
90. The applicant shall install new streetlights, or upgrade existing streetlights, as required by
City of Orange Traffic Division. The applicant shall install street lights in the adjacent
right-of-way pursuant to City Standard Plan No. 415. Installation shall be shown on plans
submitted at building plan check and shall occur at the applicant’s cost.
Prior to Certificate of Occupancy
91. Certification shall be filed with the City of Orange Public Works that all final grading is in
compliance with the approved grading plan and City standards, to the satisfaction of the
Public Works Director.
92. Certification from the Landscape Architect of record shall be filed that final landscaping
was completed in compliance with approved landscape and irrigation plan. City of Orange
Staff shall inspect and approve the landscape prior to release.
93. All fire hydrants shall have a blue reflective pave ment marker indicating the fire hydrant
location on the street or drive per the City of Orange Standard as approved by the Fire
Chief.
94. All public improvements and repairs shall be completed to the satisfaction of the Director
of Public Works.
95. Utilities serving the development, such as electric, cable television, street lighting and
communications shall be installed underground, completed and approved by the
appropriate utility provider.
96. Any utilities or easements constructed to serve the project or requirin g relocation shall be
completed and accepted by the affected agency and the City of Orange.
Design Review Committee Staff Report
February 20, 2019
Page 21 of 21
A TTACHMENTS
1. Vicinity map
2. Site photographs
3. Project Plans
cc: Greg McCafferty
2390 E. Orangewood Ave., Suite 150
Orange, CA 92806
greg@sagecrestllc.om