RES-11106 Multi Family Residential DevelopmentRESOLUTION NO. 11106
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING AND ADOPTING
MITIGATED NEGATIVE DECLARATION NO.
1844-15 AND ASSOCIATED MITIGATION
MONITORING AND REPORTING PROGRAM FOR
A NEW 24 iTNIT MULTI-FAMILY RESIDENTIAL
DEVELOPMENT INVOLVING ADAPTIVE REUSE
AND REHABILITATION OF A HISTORIC
SCHOOL AND CONSTRUCTION OF A NEW
THREE-STORY BUILDING AT 541 NORTH
LEMON STREET.
WHEREAS, the City of Orange (City) is a municipal corporation which exercises
governmental functions and powers,, and is organized and existing under the laws of the State of
California; and,
WHEREAS, an application for Mitigated Negative Declaration ("MND") No. 1844-15
was filed by Western States Housing,LLC in accordance with the provisions of the City of Orange
Municipal Code; and,
WHEREAS,MND No. 1844-15 was processed in the time and manner prescribed by state
and local law; and,
WHEREAS, MND No. 1844-15 was prepared to evaluate the physical environmental
impacts of the proj ect,in conformance with the provisions of the California Environmental Quality
Act(CEQA)per State CEQA Guidelines Section 15070 and in conformance with the Local CEQA
Guidelines. The MND finds that the project will have less than significant impacts to the
environment, with the implementation of conditions and mitigation measures; and,
WHEREAS, the Streamlined Multidisciplinary Accelerated Review Team (SMART),
representing the City's interdepartmental staff, determined that the plans, technical studies, and
content of the MND were satisfactory, and recommended approval of the project on March 7,
2018, subject to the mitigation measures included in the MND; and,
WHEREAS, the Design Review Committee (DRC) reviewed MND No. 1844-15 at its
March 21, 2018 meeting, and recommended its adoption subject to the mitigation measures
included in the MND; and,
WHEREAS, the Planning Commission reviewed MND No. 1844-15 at its June 4, 2018
meeting, and recommended its approval and adoption subject to mitigations measures included in
the MND; and,
WHEREAS, the City Council conducted a public hearing for purposes of considering
MND No. 1844-15 and related Mitigation Monitoring and Reporting Program on August 14,2018,
in conjunction with General Plan Amendment No. 2017-001, Tentative Tract Map No. 0046-17,
Major Site Plan Review No. 0850-15, Conditional Use Permit No. 3064-17, Variance No. 2248-
17, and Design Review No. 4870-15 for a 24 unit multi-family residential development involving
adaptive reuse and rehabilitation of the historic Killefer Elementary School and construction of a
new three story building upon property described in:
Exhibit A to this Resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange,
on the basis of the facts set forth in the agenda report presented to it and any testimony received at
the meeting at which this matter was considered, finds and determines as follows:
1. The City Council finds and determines that the foregoing recitals are true and correct.
2. Based upon its review of the comments received during the public review process and
considering testimony, documents, or other materials which constitute the record of
proceedings upon which its decision was based,the City Council finds and determines:
a. The MND was presented to this City Council and the members of the City
Council have reviewed and considered the information contained therein prior
to taking any action to approve the Project and any other actions, proceedings
and matters related thereto;
b. That there is no substantial evidence that the Project will have a significant
effect on the environment,except as identified and considered in the MND,and
that the MND reflects the City's independent judgement and analysis;
c. That changes or alterations have been required in, or incorporated into the
Project which mitigate or avoid significant environmental effects thereof, as
identified in the MND;
d. That it is neither necessary nor required that an environmental impact report be
prepared for the Project described in the MND; and
e. That the documents or other material which constitute the record of proceedings
upon which its decision is based are on file with the City Clerk at 300 E.
Chapman Avenue in the City of Orange.
3. The City Council hereby approves and adopts MND No. 1844-15 (Exhibit B) and
associatecl Mitigation Monitoring and Reporting Program (Exhibit C), for a 24 unit
multi-family residential development involving adaptive reuse and rehabilitation of the
historic Killefer Elementary School and construction of a new three story building.
Resolution No. 11106 2
4. The officers and employees of the City are authorized and directed, jointly and
severally,on behalf of the City to(a)file the original and a duplicate copy of the Notice
of Determination with the Clerk of the County of Orange in accordance with Section
21152 of the California Public resources Code,and(b)to pay to the Clerk of the County
of Orange the fish and game fee, the County's documentary handling fee (unless
exempt), and any other fees required under California Fish and Game Code Section
711.4(d)(2) and Section 753.5 of Title 14 of the California Code of Regulations
concurrently with filing the Notice of Determination.
ADOPTED this 14th day of August 2018.
Teresa E. Smith, Mayor, City of Orange
ATTEST:
9
Mary E. M hy, City Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I,MARY E.MURPHY,City Clerk of the City of Orange,California,do hereby certify that
the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange
at a regular meeting thereof held on the 14th day of August 2018,by the following vote:
AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy,Nichols
NOES: COLTNCILMEMBERS: None
ABSENT: COLTNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
1,1 e, e L(
ary E. rphy, City Clerk, City of Orange
Resolution No. 11106 3
EXHIBIT A
PARCEL 1:
LOTS 1 AND 2 OF TRACT NO. 566, IN THE CITY OF ORANGE, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 18, PAGE 20 OF
MISCELLANEOUS MAPS,RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL 2:
LOTS 4 THROUGH 7, INCLUSIVE AND THE NORTH 18 FEET OF LOT 3 OF JOHN R.
SCHOOLEY'S FIRST ADDITION TO THE CITY OF ORANGE, IN THE CITY OF ORANGE,
COUNTY OF ORANGE, STATE OF CALIFORNIA,AS SHOWN ON A MAP RECORDED IN
BOOK 6, PAGE 17 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
PARCEL 3:
THAT PORTION OF THE SOUTHEAST QUARTER OF LOT 4 IN BLOCK G OF THE A. B.
CHAPMAN TRACT, IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SURVEYED BY FRANK LECOUVREUR IN DECEMBER 1870,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 33 FEET WEST OF THE EAST LINE OF OLIVE STREET AND
132 FEET NORTH OF THE NORTH LINE OF WALNUT AVENUE 1N THE CITY OF
ORANGE, SAID POINT BEING ON THE EAST LINE OF THE WEST 5 ACRES OF
SOUTHEAST QUARTER OF SAID LOT 4, 1N BLOCK G OF THE A. B. CHAPMAN TRACT;
THENCE NORTH 68 FEET; THENCE WEST 165 FEET; THENCE SOUTH 68 FEET;
THENCE EAST PARALLEL WITH THE NORTH LINE OF WALNUT AVENUE, 165 FEET
TO THE PO1NT OF BEGINNING. EXCEPT THE EAST 33 FEET OF SAID PREMISES.
PARCEL 4:
THAT PORTION OF THE SOUTHEAST QUARTER OF LOT 4 IN BLOCK G OF THE A. B.
CHAPMAN TRACT. IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF
CALIFORNIA. AS SURVEYED BY FRANK LECOUVREUR IN DECEMBER 1870,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 33 FEET WEST OF THE EAST LINE OF OLIVE STREET AND
200 FEET NORTH OF THE NORTH LINE OF WALNUT AVENUE IN THE CITY OF
ORANGE, SAID POINT BEING ON THE EAST L1NE OF THE WEST 5 ACRES OF
SOUTHEAST QUARTER OF SAID LOT 4, IN BLOCK G OF THE A. B. CHAPMAN TRACT;
THENCE WEST 165 FEET TO A POST, THENCE NORTH 166 FEET TO A POST, THENCE
EAST 165 FEET TO A POST, THENCE SOUTH 166 FEET TO THE POINT OF BEGINNING.
EXCEPT THE EAST 33 FEET OF SAID PREMISES.
APN: 039-132-15 (PORTION)
Resolution No. 11106 4
EXHIBIT B
Mitigated Negative Declaration No. 1844-15]
This study is available for viewing at the following locations:
CITY OF ORANGE
City Clerk's Office
Community Development Department•Planning Division
KILLEFER SQUARE APARTMENTS
FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
NO. 1844-15
P 0 9
Vti
a
o'qpRll 6:e•c,
co Y C y
Lead Agency:
City of Orange
Community Development Department • Planning Division
300 East Chapman Avenue
Orange,California 92866-1591
714)744-7220
714)744-7222 (fax)
www.cityofora nge.org
Prepared by:
LSA Associates, Inc.
20 Executive Park,Suite 200
Irvine, California 92614-4731
949)553-0666
Project No.WSH1601
May 2018
EXHIBIT C
Mitigation Monitoring and Reporting Program]
GENERAL PLAN AMENDMENT NO. 2Q17-OOl
TENTATIVE TRACT MAP NO. Q046-17
MAJOR SITE PLAN REVIEW NO. 0850-15
CONDITIONAL USE PERMIT NO.3064-17
VARIANCE NO.2248-]7
DESIGN REVIEW NO.4870-15
RESOLUTIOI NO. PC 18-18
A RESOLUTION 4F 7'HE PLANNING COMMISSYON OF THE CITY OF
ORANGE RECOMMENDING CITY COUNCIL APPROVAL OF GENERAL
PLAN AMENDMENT N0..2017-001, TENTATIVE TRACT MAP NO. 0046-
17, MAJOR SITE PLAN REVIEW NO.0850-15,CONDTTIQNAL USE PERMTC
NO. 3064-17, VA1tLANCE NO. 224&17, AND DESIGN REVIEW NO. 4870-15
FOR A NEW 1A LTNIT MiJI.TX FAMILY RESIDENTIAL DEVELOPMENT
1NVOLVING ADAPTIVE REUSE AND REHABILITATION OF A HISTORiC
SCHOOL AND CONSTRUCTION OF A NEW THREFrSTORY BUII,DING AT
S tl NORTH LEMON STREET
APPLICANT:
WESTERN STATES HOUSING,LLC
Moved by Commissioner Gladson and seconded by Chair Glasgow that the following
resolution be adopted:
V'HF,REAS, the Planning Cotnrnission has authority per Qrange Municipal Code
OMC) Section ]7.08.020 to review and takc action on applications for Tentative Tract Maps,
Major Site Plan Review, Conditional Use Pennits, and Variances. OMC Section 17.10.070
requires the approval of Design Review when a project requires Major Site Pian Review. OMC
Scction 17.08.020B.2.b establishes the Planning Commission's autliority to rcview and make
recommendations to the City Council on applications involving General Plan amendments and
Tentative Tract Maps; and,
WHEREAS, an application for Mitigated Negative Declaration No. 1844-15, General
Plan Amendmeiit No. 2017-001, Tentative Tract Map No. 0046-17, Major Site Plan Review No.
0850-15, Conditional Use Permit No. 3064-17, Variance No. 2248-17, and Design Review No.
4870-15 was iiled by Western States Housing, LI,C in accordance with the provisions of the City
of the Orange Municipal Code; and,
WHEREAS, an application for Mitigated Negative Declaration No. 1844-15, Generai
Plan Amendment No. 2017-OOI, Tentative Tract Map Nn. 0046-17, Majc r Site Plan Revie«No.
085U-15, Conditional Use Permit No. 3064-17, Variance No. 2248-17, and Design Review No.
4870-15, filed by Westem States Housing, LLC, was processed in the time and mauner
prescribed by state and local law; and,
ATTACHMENT 1 T0.4
MND-1844-15 KILLEFER SQUARE
PC RESO N0. 18-18
541 N.LEMON ST.
Resolution No. PC 18-18
Page 2 of 22
WHEREAS, Mitigated Negative Declaration No. 1844-15 was prepared to evaluate the
physical environmental impacts of the project, in conformance with the provisions of the
Califorrua Environmental Quality Act(CEQA)per State CEQA Guidelines Section 15070 and in
conformance with the Local CEQA Guidelines. Mitigated Negative Declaration No. 1844-15
finds that the project will have less than significant impacts to the environment, with the
implementation of standard conditions and mitigation measures; and,
WHEREAS, a Notice of Intent to Adopt Mitigated Negative Declaration No. 1844-15
was published on March 21, 2018 and was made available for a 45 day public review and
corrunent period from March 21, 201$ to May 4, 2018, in compliance with Sections 15072 and
15105 of the State CEQA Guidelines and state requirements for a General Plan Amendment;
and,
WHEREAS, the Streamlined Multi-Disciplined Accelerated Review Team (SMART),
representing the City's interdepartmental sta.ff review committee, considered the application
along with plans, technical studies, and the content of the Mitigated Negative Declaration on
October 19, 201 b; April 5, 2017; August 2, 2017; November 8, 2017; January 17, 2018; and
March 7, 2018 and recommended approval of the proposal subject to the mitigation measures in
the Mitigated Negative Declaration and staff recommended standard conditions; and,
WHEREAS, the Design Review Committee preliminarily reviewed the proposal on
September 2, 2015; August 17, 2016; October 5, 2016; November 2, 2016; and December 20,
2017. On March 21, 2018, the Design Review Committee recommended approval of the project
with conditions and mitigation measures presented in the Mitigated Negative Declaration to the
Planning Commission by a vote of 5-0. The recommended conditions and mitigation measures
have been included in this Planning Commission resolution; and,
WHEREAS, the Planning Commission conducted a duly advertised public hearing on
June 4, 2018, at which time interested persons had an opportunity to testify either in support of
or opposition to Mitigated Negative Declaration No. 1844-15, General Plan Amendment No.
2017-001, Tentative Tract Map No. 0046-17, Major Site Plan Review No. 0850-15, Conditional
Use Permit No. 3064-17, Variance No. 2248-17, and Design Review No.4870-15 upon property
described in:
Exhibit A to this Resolution
NOW,THEREFORE,BE IT RESOLVED that the Planning Commission recommends
City Council approval of General Plan Amendment No. 2017-001, Tentative Tract Map No.
0046-17, Major Site Plan Review No. 0850-I5, Conditional Use Permit No. 3064-17, Variance
No. 2248-17, and Design Review No. 4870-15, along with associated adoption of Mitigated
Negative Declaration No. 1844-15,Mitigation Monitoring and Reporting Program, and Errata as
described in Planning Commission Resolution No. PC 17-18 to allow the construction of a 24
unit multi-family residential development involving adaptive reuse and rehabilitation of a
historic school and construction of a new three story building based on the following findings:
Resolution No. PC 18-18
Page 3 of 22
SECTION 1—ENVIRONMENTAL REVIEW
Mitigated Negative Declaration No. 1844-15 has been prepared for this project to evaluate the
physical environmental impacts of the project, in conformance with the provisions of the
California Environmental Quality Act(CEQA)per State CEQA Guidelines Section 15070 and in
conformance with the Local CEQA Guidelines. The Planning Commission finds that the
Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program
contain an adequate assessment of the potential environmental impacts of the proposed project.
The Planning Commission finds that the project will have less than significant impacts to the
environment, with the implementation of standard conditions and mitigation measures
addressing potential impacts to Cultural Resources, Tribal Cultural Resources, Geology/Soils,
and Noise included in the Mitigated Negative Declaration.
SECTION 2—FINDINGS
General Plan
1. The pf oject must be consistent with the goals and policies stated within the City's General
Plan.
The project achieves multiple goals of the General Plan. The General Plan Amendment from
Public Facilities and Institutions (PFI) to I.ow Medium Density Residentiai (LMDR), as
depicted in Exhibit B of this resolution, rectifies an inconsistency between the property's
zoning and General Plan designations. The LMDR General Plan Designation is consistent
with the property's existing R-3 zoning and with the surrounding residential General Plan
designations. The multi-family development is also compatible with the mix of adjacent
single and multi-family residential uses in the surrounding neighborhood. Consistent with the
Land Use and Housing Elements, the project increases the inventory of housing in the city
and diversifies the housing types available in the community.
The project rehabilitates a vacant historic school property and restores it to active use as a
multi-family residential development consistent with the neighborhood. The historic school
will be adaptively reused in conformance with the Secretary of the Interior's StandaYds for
the Treatment of Historic Properties (SOI Standards). The new building is designed to be
compatible with the character of the historic school and with the local Old Towne Historic
District, which is located to the west across Lemon Street from the property. The new
building is located at the northwest corner of the property and incorporates design features,
such as balcony screening, to minimize effects on the privacy of adjacent properties. The
project combines historic preservation and contextually appropriate infill development to
address the goals of the Urban Design and Cultural Resources Elements.
Tentative Tract Map
1. The pf oposed division of land complies with all requirements of the Subdivision Map Act
and Title 16, Subdivisions, of the Orange Municipal Code, and all otl2er resolutions and
ordinances of this City, irr.cludino, but n.ot li nited to, requirenients concerfzirig area,
improvements and design,floodwater drainage control, appropriate improved public roads,
Resolution No. PC 18-18
Page 4 of 22
sanitary disposal facilities, water supply availabiliry, public safety facilities and
environmental protection.
The proposed Tentative Tract Map complies with the requirements of the Subdivision Map
Act and Title 16, Subdivisions, of the Orange Municipal Code and all other resolutions and
ordinances of this City. The proposed Tentative Tract Map will consolidate multiple lots
into a single parcel, consistent with the project limits. Site planning requirements related to
lot area, improvements and design, floodwater drainage control, appropriate improved
public roads and sidewalks, sanitary disposal facilities, water supply availability, public
safety facilities and environmental protection have been addressed either via project design
components shown on the proposed plans or through conditions of approval.
Major Site Plan Review
1. The project design is compatib[e with surrounding development and neighborhoods.
The surrounding neighborhood includes a mix of single and multi-family residential
properties with light industrial and institutional properties. Immediately to the north of the
subject property is property owned by the Orange Unified School District,which operates the
Richland Continuation High School. The non-profit Friendly Center and Killefer Park are
also located to the north. The sub,ject property is located north and east of the Walnut
Avenue/Lemon Street boundary of the National Register and local_.Old Towne Historic
Districts.
The site layout is designed to minimize potential impacts on the surrounding neighborhood
and to respect the historic character of Killefer Elementary School. The new building is
located at the northwest corner of the property to retain views of the historic school from N.
Lemon Street. The placement of the new building, set back substantially from N. Olive
Street, also allows the retention of the historic streetscape and views of the school from N.
Olive Street.
Although the new building is three stories, it is no more than 32 feet tall, the maximum
building height allowed in the R-3 zone. Variations in the massing of the new building help
to make it compatible with the modest character of sunounding single and multi-family
residences, while the palette of materials references the Spanish Colonial Revival style of the
historic school.
2. The project conforms to City development standards and any applicable special design
guidelines or specific plan requirements.
As described in MND No. 1844-15, the project is in conformance with the Secretary of the
Interior's Standards for the Treatnzent of Historic Properties (SOI Standards) for adaptive
reuse of the historic school and compatible new construction both on a historic property and
adjacent to a historic district. The project preserves historic features and materials of the
historic school,while the new building is placed to preserve views of the historic school with
a design and palette of materials that is compatible the sunounding neighborhood.
The proposed project conforms to the required development standards for the R-3 zoning
with the following three exceptions: 1) the third story of the new building, for which the
applicant is requesting a Conditional Use Permit, as allowed by the Orange Municipal Code;
Resolution No. PC 18-18
Page 5 of 22
2) the absence of private open space for the six units in the historic school, for which the
applicant is requesting a Variance to avoid direct impacts to the materials and design of the
historic building; and 3) the absence of covers/carports for one parking space per unit, for
which the applicant is requesting a Variance to avoid impacts to the view of the historic
school from N. Lemon Street.
3. The project provides for safe and adequate vehicular and pedestrian circulation, both on-
and off-site.
The property will have pedestrian access points on both Lemon and Olive streets. Bicycle
storage is provided in convenient and accessible locations on the property. Vehicular access
points have been minimized on Lemon and Olive streets to ensure safe circulation conditions.
The project incorporates streetscape improvements, including repairing sidewalks and
removing unused driveway approaches, that reinforce the quality and safety of the pedestrian
experience. With adoption of Conditions of Approval and mitigation measures, the proposed
project provides for safe and adequate circulation.
4. City services are available and adequate to serve the project.
As evaluated in Mitigated Negative Declaration No. 1844-15, the proposed project will result
in less than significant impacts to police, fixe, recreation and park services. The project
incorporates design features that address Code requirements and building and infrastructure
systems that maximize safety and ensure adequate utility services to the site. The applicant
will be subject to payment of impact fees associated with schools,parks,libraries, sewer, and
Sanitation District fees.
5. The project has been designed to fully mitigate or stibstantially minimize adverse
environmental effects.
The proposed project includes project design features that minimize potential adverse
impacts to Cultural Resources, Tribal Cultural Resources, Geology/Soils, and Noise.
Mitigation Measures are also included in the Mitigated Negative Declaration and are
incorporated into the Conditions of Approval in this resolution.
Conditional Use Permit
1. A Conditional Use Permit shall be granted upon sound principles of land use and in
response to services required by the community.
The request for a third story for a new residential building on property in the R-3 zone is
granted upon sound principles of land use. The total height proposed new residential building
is 31.5 feet, which meets the zoning code requirement for overall height. The request for the
Conditional Use Permit is for one additional story within the maximum height of 32 feet.
Floor to ceiling heights and mechanical equipment have been compressed to the greatest
extent feasible to reduce the overall height and mass of the building. The building is carefully
sited on the property to limit impacts to privacy for adjacent neighbors and incorporates
privacy features, such as balcony screens. The additional story also acts as a feature of the
project by allowing more open space on the property to preserve public views of the historic
school. As such, the placement, mass, and design of the new building will not negatively
impact the streetscape and/or established land use pattern of the surrounding neighborhood.
Resolution No. PC 18-18
Page 6 of 22
2. A Conditional Use Permit shall not be gf-anted if it will cause deterioration of bordering land
uses or create special problems for the area in which it is located.
Consideration has been given to whethex the third story will detrimentally affect adjacent
land uses. The third story is not anticipated to create problems for the neighbors or adjacent
uses. Privacy features, such as balcony screens and obscured glass, are incorporated in the
building design to limit the interface between neighbozs and the property. The building is
also located at the northwest corner of the property to avoid direct interactions with
neighboring properties to the greatest extent feasible. As described in MND No. 1844-15, the
project is not located in a portion of the City that is impacted by insufficient capacity for
traffic circulation,parking,public utilities, or similar infrastructure needs.
3. A Conditional Use Permit must be considered in relationship to its effect on the communiry
oY neighborhood plan for the area in which it is located.
The property is located in a neighborhood with a mix of single-family and multi-family
residential properties, combined with light industrial and institutional uses, including
Richland Continuation High School and Killefer Park. It is located across N. Lemon Street
from the Old Towne Historic District. As described in MND No. 1844-15, the project,
including the new construction, is in conformance with the SOI Standards, and with
mitigation measures will have a less than significant impact on the historic Killefer School
and the adjacent Old Towne Historic District. The new building incorporates design elements
that minimize impacts to privacy of adjacent properties and is compatible.with the mass,
scale, design and materials of the historic school on the property and with historic residential
buildings in the Historic District.
4. A Conditional Use Permit, if granted, shall be made subject to those conditions necessary to
preserve the general welfare, not the individual welfare of any particular applicant.
The request for a third story for the new building has been evaluated for compatibility of
mass, scale, setbacks, design and materials with the historic school and the surrounding
neighborhood. Standard conditions of approval related to construction of the project,
modifications to the plans, and continued conformance with the SOI Standards have been
included in this resolution. With implementation of these conditions of approval, the
proposed project will complement surrounding land uses and preserve the general welfare.
Variance
1. Because of special circumstances applicable to subject property, including size, shape,
topograpliy, location or surroundings, the strict application of the zoning ot-dinance is found
to deprive the subject property of privileges enjoyed by other properties in the vicinity and
under identical zone classification.
Killefer Elementary School is a historic resource, designated in the National Register of
Historic Places (National Register). In order for a project associated with a historic resource
to be in conformance with the SOI Standard.s and cause a less than significant impact to the
historic resource, it must maintain and preserve the important historic, or character-deftning
features, of the property. The National Register designation for Killefer Elementary School
identifies the property's character-defining features as including the doors, windows, plaster
finish, courtyard, and corridor system of the partially covered raised arcade around the
Resolution No. PC 18-18
Page 7 of 22
courtyard. Another important character-defining feature is the public view of the school from
both N. Olive Street and N. Lemon Street.
In order to preserve these features, the project requires two Variances from the zoning code
requirements of the R-3 zone: 1) elimination of the private open space required for each unit
in the historic building; and.2) elimination of the covers/carports for one parking space per
unit. The presence of the historic building on the property, located immediately adjacent to
the Old Towne Historic District, and the desire to preserve its character-defining features
provide the special circumstances required to grant Variances for these components of the
project.
Under the zoning code requirements for open space, each unit must have a private fenced
patio or balcony directly accessible from the interior of the unit. The physical changes to the
historic building required to create direct access to private patios would include cutting new
door openings in the building,resulting in the loss of historic materials and potential changes
to the raised arcade around the courtyard. The enclosures required for the private patios also
would substantially change the open landscaped character of the courtyard and former play
areas around the school. These changes would not be in conformance with the SOI Standards
and would likely result in a significant impact to the historic resource. In lieu of private open
space, the applicant has provided seating areas around the historic building that will allow
residents the benefit of a passive outdoor amenity without impacting the historic school.
Similarly, the view of the school and its courtyard and play area from N. Lemon Street is
identified as a character-defining feature of the historic property. It is also an important
community landmark that has characterized the northern portion of the Cypress Street Barrio
and the adjacent O1d Towne Historic District since the school's construction in 1931. Under
the zoning code requirements for multi-family residential parking, at least one parking space
per unit is required to be covered. In a development of this size, this requirement is typically
met with carports or individual garages. However, providing carports on this property would
result in at least 24 carports or garages between the historic school and N. Lemon Street. The
historic view of Killefer Elementary School would be substantially obscured from N. Lemon
Street, impacting the immediately adjacent Old Towne Historic District. This change to the
site would also not be in conformance with the SOI Standards and may result in a significant
impact to the historic resource and the Historic District.
Strict application of the zoning code in this case contradicts and impedes the City's and
community's goals for high-quality preservation and adaptive reuse projects for important
historic properties. Granting of the Variances promotes preservation of the historic building
while allowing the property to be developed for multi-family residential use. Granting of the
Variances allows the'property to enjoy the same rights as nearby properties to develop as
allowed under the code, while rehabilitating and adaptively reusing a long-vacant historic
building and community landmark.
2. The variance gt-anted shall be subject to such conditions which will assure that the
authorized adjustrnent shall not constitute a grant of special privilege inconsistent with the
limitations upon other properties in the vicinity and zone in which subject pYoperty is
located.
Granting of the Variances will confer no more rights to the subject property than exist for
other properties in the neighborhood. Development of the subject property is constrained by
Resolution No. PC 18-18
Page 8 of 22
historic preservation standards for the historic school. Preservation of the historic building
limits the buildable area on the property, so no special privileges are conferred in that
granting of the Variances allows the property to be developed for multi-family residential
use, similar to adjacent properties. Granting of the Variances confers the same rights to
develop as other neaxby properties without historic buildings. The Variances are also subject
to conditions of approval to ensure that only the permitted improvements are authorized for
on-site construction.
Design Review
1. In the Old Towne Historic District, the proposed work conforms to the prescriptive standards
and design criter-ia referenced and/or recommended by the DRC or other reviewing body for
the project.
This project site is not within the Old Towne Historic District;therefore,this finding does not
apply.
2. In any National Register Historic Dish•ict, the proposed work complies with the Secretary of
the Interior's standards and guidelines.
This project site is not within any National Register Historic District; therefore, this finding
does not apply. However, the project is located on a property that is separately designated in
the National Register of Historic Places. As described in the Historic Resources Impacts
Analysis of MND No. 1844-15, a component of the project's Mitigated Negative
Declaration, the project is in conformance with the SOI Standards. Adaptive reuse of the
historic school requires minimal change to the historic materials and character of the
building. The existing building form, courtyard, arcaded covered walkways, and doors and
windows will be maintained and rehabilitated. Interior changes to accommodate the
residential units will preserve the sense of space of the large classrooms and will maintain
specific classroom features, including chalkboards and fire hose cabinets. Historic elements
of the building will be restored based on physical evidence from the building and historic
photographs,including the clay tile roof and decorative tile surround at the entrance.
In addition,the proposed new building will be located on the property to preserve the historic
views of the school from North Olive and North Lemon Street. The mass, scale, and location
of the new construction is appropriate to the size and prominence of the historic school,while
the design and materials reference elements of the school's Spanish Colonial Revival
architecture. The new construction is compatibility with the historic resource and is
completely reversible without causing major change to the materials of the historic school.
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 requit-ed findings.
The project is neither located in a specific plan area nor an area of the City subject to design
standards. However, because the project is located on a property with a National Register-
designated historic resource and adjacent to the Old Towne Historic District, the SOI
Standards apply to rehabilitation and adaptive reuse of the school and the compatibility of
the new construction. As described above, the project is in conformance with the SOI
Standartls.
Resolution No. PC 18-18
Page 9 of 22
The surrounding neighborhood is an eclectic mix of single-family and multi-family
residences with some large scale industrial buildings to the northwest. Houses within the
boundary of the Old Towne Historic District are located across North Lemon Street from the
property, and much of the sunounding development reflects the scale and character of single-
family residential neighborhoods developed in the first half of the 20th century, around the
same time as construction of Killefer Elementary School. Adaptive reuse of the historic
school puts a long-vacant community institution back into productive use and prevents the
continuing deterioration of the historic resource and the potential impacts of that
deterioration on the surrounding neighborhood.
The three-story scale of the new building is reduced with variations in massing from the
rooflines, enclosed stairs, elevator tower, and balconies, and the building is sited to avoid
negative privacy or other aesthetic effects on neighboring properties. The new building
references the design elements and materials of the historic school with a theme that is
consistent and integrated between the historic resource and the new construction. These
elements are also compatible with the surrounding neighborhood, as they reference a long
history of Spanish Colonial Revival architecture that is typical of residential neighborhoods
from this era in Orange. Project landscaping enhances the pedestrian experience.on North
Lemon and North Olive Streets and preserves traditional neighborhood views of the historic
school, an important part of the property's history and cultural significance.
4. FoY 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 surYounding development and will preserve oY enhance
existing neighborhood character.
This project is not an infill residential development subject to the City's Infill Residential
Design Guidelines;therefore,this fmding does not apply.
SECTION 3—CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed with approval:
General
1. The project shall conform in substance and be maintained in general conformance with plans
and exhibits labeied May 21, 2018 including any modifications required by conditions of
approval, and as recommended for approval by the Planning Commission. Any future
expansion in area or in the nature and operation of the use approved by Mitigated Negative
Declaration No. 1844-15, General Plan Amendment No. 2017-001, Tentative Tract Map No,
0046-17, Major Site Plan Review No. 0854-15, Conditional Use Permit No. 3064-17,
Variance No. 2248-17, and Design Review No. 4870-15, shall require an application for a
new or amended Site Plan Review.
2. The project shall conform in substance and be maintained in general conformance with plans
and exhibits labeied May 17, 2018. Any future changes to the project's architectural or site
design features approved by Mitigated Negative Declaration No. 1844-15, General Plan
Resolution No. PC 18-18
Page 10 of 22
Amendment No. 2017-001, Tentative Tract Map No. 0046-17, Major Site Plan Review No.
0850-15, Conditional Use Permit No. 3064-17, Variance No. 2248-17, and Design Review
No. 4870-15 shall require an application for a new or amended Design Review.
3. These conditions shall be reprinted on the second page of the construction documents when
submitted to the Building Division for the plan check process.
4. Within two days of final approval of this project, the applicant shall deliver to the Planning
Division a cashier's check payable to the Orange County Clerk in an amount required to
fulfill the fee requirements of Fish and Game Code Section 711.4(d) (2) and the County
administrative fee, to enable the City to file the Notice of Determination required under
Public Resources Code 21152 14 Cal. Code Regulations 15075. If it is determined that there
will be no impact upon wildlife resources, the fee shall be as required based on the current
fee schedule.
5. Within two days of final approval of this project, the applicant shall submit a $3,000.00
deposit to the Planning Division for the Mitigation Monitoring and Reporting Program. Time
spent by City staff to complete the project will be charged to the applicant. When more than
SQ% of the deposit has been credited toward hourly services provided, the applicant will be
billed directly for actual time spent on the project. At the completion of the project, a final
accounting of deposit posted and amounts charged toward the project will be calculated and
any charges due to the City or refunds due to the applicant will be processed.
6. 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.
7. 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.
8. Mitigated Negative Declaration No. 1844-15, General Plan Amendment No. 2017-001,
Tentative Tract Map No. 0046-17, Major Site Plan Review No. 0850-15, Conditional Use
Permit No. 3064-17, Variance No. 2248-17, and Design Review No. 4870-15 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.
9. Any modifications to the plans including,but not limited to, the landscaping and parking as a
result of other Department requirements such as Building Codes, water quality, Fire, or
Police shall be submitted for review and approval to the Community Development Director
or designee. Should the modifications be considered substantial, the modifications shall be
reviewed and approved by the Planning Commission.
10. 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 and approved by
the Design Review Committee.
r_ .
Resolution No. PC 18-18
Page 11 of 22
11.Except as otherwise provided herein, this project is approved as a precise plan. After any
application has been approved, if changes are proposed regarding the location or alteration of
any use or structure, a changed plan may be submitted to the Community Development
Director for approval. If the Community Development Director determines that the proposed
change complies with the provisions and the spirit and intent of the approval action, and that
the action would have been the same for the changed plan as for the approved plan, the
Communiry Development Director may approve the changed plan without requiring a new
public hearing.
12. 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.
13. 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
required buiiding permits may be cause for revocation of this entittement.
14. Prior to issuance of building permits for the project, the applicant shall pay all applicable
development fees, including but not limited to: City sewer connection, Orange County
Sanitation District Connection Fee, Transportation System Improvement Pro ram, Fire
Facility, Police Facility, Park Acquisition, Sanitation District, and School District, as
required.
15. All construction activities shall conform to the City's Noise Ordinance (Orange Municipal
Code Section 8.24). In conjunction with construction, all activity shall be limited to the hours
between 7:00 a.m. and 8:00 p.m. Monday through Saturday. No construction activity shall be
permitted on Sundays and Federal holidays.
16. In conjunction with the operation of the project, the property owner shall be responsible for
maintaining the property to a level deemed adequate by the Community Development
Director or designee. This includes, but is not limited to, the buildings, landscaping,
recreational facilities, trash areas, signage, utilities, walls, fences, gates, and parking areas.
Any graffiti shall be rernoved within 72 hours from the time the City of Orange Notice of
Violation is received by the applicandproperty owner.
17.Prior to submittal of plans to the City for building plan check, a historic preservation
consultant shall be engaged to monitor construction and make recommendations on decisions
to rehabilitate or replace features in the historic building. The consultant shall meet the
Secretary of the Interior's Professional Qualifications Standards.
18. Prior to submittal of plans to the City for building plan check,the applicant shall return to the.
Design Review Committee with details on lighting, the balconies in the new building,
awnings, window trim and reveals in the historic and new buildings, and the east (Olive
Street) fa ade of the new building.
19. The air-conditioning units in the north side yard shall be relocated away from the residential
properties to the north to minimize noise.
Resolution No. PC 18-18
Page 12 of 22
20. The details on the rehabilitation of the historic structure as described in the Historic
Resources Impact Assessment shall be included as -additional conditions on the plans.
21.The rain gutters and downspouts on the historic building shall be copper plated and match
what was originally on the property to the extent that documentation is available.
22. Prior to issuance of a building permit for the project,the roofing materials on the historic and
new buildings shall return to Design Review Committee. The roofing of the new building
should be the same material as the historic building with some differentiation in design.
23. Prior to issuance of a building permit for the project, the interpretive elements in the Olive
Street front yard and museum space shall return to the Design Review Committee for review
and approval.
24. Prior to issuance of a building permit associated with the Project, the Applicant shall engage
a qualified historic preservation consultant, meeting the Secretary of the Interior's
Professional Qualifications Standards in historic architecture or architectural history, to
review the construction plans for the adaptive reuse of the historic elementary school
building. The consultant shall review and advise on, in particular, proposed building
accessibility and paint color, in addition to the project's general confonnance with the
Secretary of the Interior's Standards for the Treatment ofHistoric Properties.
The consultant shall prepare a memorandum on the construction plans' confornnance with the
Secretary's Standards and shall provide the memorandum to the City of Orange Coznmunity
Development Department prior to issuance of a building permit.
25. Prior to issuance of a building permit associated with the Project, a final colors and znaterials
board shall be reviewed and approved by the Design Review Committee.
26. Fees or other charges for use of required parking spaces and required storage areas shall not
be applied to occupants of the residential units.
27. The project shall comply with all Regulatory Requirements and Mitigation Measures
included in Mitigated Negative Declaration No. 1844-15 and the associated Mitigation
Monitoring and Reporting Program.
28.Installation of solar panels or covered parking is prohibited on the west side of the historic
school building to maintain sightlines to the historic school.
29.The applicant is encouraged to communicate with and develop a plan for securing the historic
school building with Orange Unified School District as quickly as possible after final action
by City Council.
Fire
30. 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.
Resolufion No. PC 18-18
Page 13 of 22
Landscauin
31.Prior to issuance of a building permit associated with the Project, final landscape and
inigation plans shall be prepared and submitted by a licensed landscape architect for review
and approval by the Community Services Department and the Design Review Committee.
32.Prior to issuance of a Certificate of Occupancy, all landscaping improvemants shall be
completed according to the approved plans and to the satisfaction of the Community
Development Director and the Community Services Director.
33. All landscape areas shall be maintained in neat and healthy condition. Should any plant
material die, the property owner/operator shall replace it with new healthy plant material to
match the approved landscape plans.
34. 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.
35. 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.
36.Prior to building permit issuance,final landscape plans for the project shall include landscape
area calculations required for State-mandated landscape water use reporting.
Police
37. Prior to building permit issuance, construction plans shall show that all structures shall
comply with the requirements of Orange Municipal Code Chapter 15.52 (Building Security
Standards) and Building Security Guidelines, which include requirements for doors,
hardware, lighting, addressing, landscaping, windows, and construction site security.
Architectural drawings shall.include sections of the Ordinance that apply under "Security
Notes". An "Approved Products List 1/08" of hardware, windows, etc. is available upon
request.
38. 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.
39.All residential dwellings shall display a street number in a prominent location on the street
side of the residence in such a position that the number is easily visible to approaching
emergency vehicles.
40. There shall be positioned at each entrance of a multiple family dwelling complex an
illuminated diagrammatic representation of the complex which shows the location of the
viewer and the unit designations within the complex.
41. Any new lighting on the premises shall be installed in such a way to direct, control, and
screen the lighting to prevent off site light spillage onto adjoining properties and shall not be
a nuisance to any point beyond the exterior boundaries of the property. The applicant shall
Resolution No. PC 18-18
Page 14 of 22
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.
42. Prior to issuance of a 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
all OMC standards. The lighting shall be tested and confirmed to determine if the lighting
meets or exceeds the exterior boundary standazds.
43. A construction site security plan shall be submitted to the Orange Police Department Crime
Prevention Bureau for review and approval prior to the start of construction.
Public Works-Water
44. Prior to issuance of a building permit,the applicant shall submit a water improvement plan to
the Water Division for proposed water mains, fire hydrants, domestic water services, fire
suppression services, landscape services, andlor any other proposed improvements or
relocations affecting the public water system appurtenances for review and approval. The
improvement plan is required to be submitted directly to the Water Division located at 189 S.
Water Street for review and approval. The applicant shall be responsible for the costs
associated with the proposed improvements.
45. Water improvement plans submitted during plan check shall be consistent with the City
Water Division Standards and Specifications, 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.
46. Prior to approval of the water improvement plan, the applicant shall satisfy all water main
connection, plan check, and inspection charges as determined by the Water Division. A
deposit for plan check and inspection fees is required to be posted concurrently with filing
the Water Division application and submission of plans for review.
47. Prior to issuance of a building permit, the applicant shall be responsible for the relocation of
the existing public water system appurtenances as necessitated by the proposal to a location
and of a design approved by the Water Division.
48.Prior to issuance of a building permit, construction documents shall show the existing 4 inch
water main in Olive Street upgraded to an 8 inch DIP from Walnut Avenue to Rose Avenue.
Installation of the 8 inch DIP shall be completed per Water Division Standard Plans and
Specifications.
49.Prior to issuance of a building permit, construction documents shall show that the installation
of new water mains and new supply lines in the vicinity of pipelines conveying sewage,
stortn drainage and/or hazardous fluids is done per the Water Division's Standard Number
113.
50. Prior to issuance of a building permit, construction documents shall show that each property, •
residence, main building or structure shali have a separate meter service unless otherwise
approved by the Water Division.
Resolution No. PC 18-18
Page 15 of 22
51. Prior to issuance of a building permit, construction documents shall show that a six foot
minimuxn horizontal clearance and a one foot minimum vertical clearance will be maintained
between City water mains, laterals, services, meters, fire hydrants and all other utilities
except those identified in the Water Division's Standard Number 113.
52.Prior to issuance of a building permit, construction documents shall show that an eight-foot
minimum clearance is provided between City water mains, and signs, trees or other
substantial shrubs,bushes, or plants.
53. Prior to issuance of a building permit, construction documents 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, fire
master and/or fire suppression plans so that their designs are consistent.
54. Prior to issuance of a building permit, construction documents shall show that permanent
signs, awnings, surface water quality feaiures, such as but not limited to infiltration planters,
basins, pervious pavement or other structures, are not installed over the City's water mains,
laterals,services,meters,back flow prevention devices and fire hydrants.
55.A minimum of fourteen calendar days prior to public water construction, the applicant's
Engineer of Record shall prepare and provide product material submittals consistent with the
approved water improvement plans as approved by the Water Division, for all proposed
public water system facilities to the Water Division for review and approval.
56.Prior to installation, the Water Division shall approve the type and location of all back flow
prevention devices.
57. Prior to the issuance of a Certificate of Occupancy, the applicant shall be responsible for the
installation of necessary fire hydrants and fire suppression services as determined by the Fire
Department and Water Division.
58. Prior to the issuance of a Certificate of Occupancy, the applicant shall furnish and install
individual pressure regulators on the private side of new services where the incoming
pressure exceeds eighty pounds per square inch.
Public Works-Water Oualitv
59. 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.
Resolution No. PC 18-18
Page 16 of 22
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 eznployees that will be responsible for long-term operation,
maintenance, repair and or replacement of the sixuctural and Treatment Control
BMPs and the training that qualifies them to operate and maintain the BMPs,
g. Describes the mechanism for funding the iong-term operation and maintenance of
all structural and Treatment Control BMPs,
h. Includes a copy of the forms to be used in conducting maintenance and inspection
activities,
i. Meets recordkeeping requirements (forms to be kept for 5 years).
j. Includes a copy of the form to be submitted annually by the project owner to the
Public Works Department that certifies that the project's structural and treatment
BMPs are being inspected and maintained in accordance with the project's
WQMP.
60.Prior to the issuance of a certificates of occupancy, the applicant shall demonstrate the
following to the Public Works Department:
a. That all structural and treatment control best management practices (BMPs)
described in the Project WQMP have been constc cted and installed in
conformance with the approved plans and specifications,
b. That the applicant is prepared to implement all non-structural BMPs described in
the Project WQMP,
c. That an adequate number of copies of the project's approved final Project WQMP
are available for the future occupiers.
61. Prior to the issuance of a certificate of occupancy or final signoff by the Public Works
Department, the applicant shall demonstrate to the satisfaction of Public Works, that the
preparer of the WQMP has reviewed the BMP maintenance requirements in Section V of the
WQMP with the responsible person and that a copy of the WQMP has been provided to that
person. A certification letter from the WQMP preparer may be used to satisfy this condition.
62.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. Copies of the building or
architectural plans specifically showing the downspouts and drainage outlets shall be
submitted to the Public Works Department for review.
63. The-project applicant shall maintain all structural, neatment 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 Orange
Resolution No. PC 18-18
Page 17 of 22
Public Works Department of the new person(s) or entity responsible for maintenance of the
BMPs.
64. Prior to tlie issuance of a grading permit (including grubbing, clearing, surface mining or
paving permits as appropriate) the applicant shall demonstrate that coverage has been
obtained under the State's General Permit for Stormwater 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.
65. Prior to City approval of the landscape plans, the applicant shall review the approved Water
Quality Manageinent Plan (WQMP) and ensure the proposed landscape plans are consistent
with the project grading plans and show the proposed storm water infiltration devices and
other treatment Best Management Practices incorporated into the project that may affect
landscaping areas.
Public Works—Subdivision
66. All residential fencing along common areas, public spaces, etc. shall be of open construction to
provide natural surveillance from residences to the surrounding azea except where solid walls are
required for sound attenuation or along side yard areas.
67. Prior to issuance of a fire service(detector check),the required water supplies for hydrants and fire
sprinkler systems shall be detemuned and the water supplies shall be approved by the Fire
Department.
68. The applicant shall pay all sewer related fees inciuding sewer frontage fees based along the length
of the property where sewer lateral will be connected to the sewer main line on N. Olive Street.
Prior to Recordation ofFinal Map
69. The applicant shatl cause to be prepazed a Final Map in substanrial compliance with the Tentative
Tract Map and conditions of approval,to the satisfaction of the Public Works Director.
70.The applicant shall pay any applicable fees for the processing of the Final Map, as established at
the time the map is filed.
71. The following improvements shall be constructed in accordance with plans and specifications
meeting the approval of the Director of Public Works. At the discretion of the Public Works
Director,security may be provided to the City in lieu of constructing facilities:
a. All required streets and street improvements appurtenances street names, street signs,
streetlights, roadway striping, redcurbing and stenciling on roadways within the map and
outside the map boundaries, if required. All street lighting shall be designed to maximize
downward throw, and minimize upward losses into the atmosphere.
b. All required surface drainage, storm drain facilities, and water quality improvements,
including any offsite improvements, extended to a satisfactory point of disposal for the
proper control and disposal of storm runoff. S tmp conditions shall be designed to handle
100-year frequency storms. Semi-sump conditions shall be designed to handle 25-year
Resolution No. PC 18-18
Page 18 of 22
frequency storms. Main line storm drains that serve sumps and semi-sumps shall be
designed to handle 25-year frequency storms.
c. A water distribution system and appurtenances which shall conform to the adopted City
of Orange Water Division regulations.
d. Sewer collection system and appurtenances which shall conform to the adopted City of
Orange regulations.
e. Monumentation shall be set, based on a field survey.
f. Undergrounding of utilities. .
g. Landscaping for public areas. All landscaping shall include the installation of root
bamers on the sidewalk side of tree,or where conditions warrant, the installation of Deep
Root box as directed by the Community Services Department.
h. Medians and parkways along public streets shall be landscaped with trees and ground
cover (no turf grass) and the median noses less than three feet paved with stamped
concrete per City Standard.
72. The applicant shall prepare an improvement plan for the anticipated pubiic improvements for this
tract map, and submit the plans for review and approval by the Public Works Depaitment. All
applicable plan check and permit fees shall be paid by the applicant,as established at the rime the
plan is submitted.
73. The applicant shall prepare and submit a sewer capacity analysis and request "will serve" letters
from the applicable water and sewer districts.
74. All sidewalks shall be designed and constructed to City of Orange Public Works Standards.
Transverse slope must not exceed 2%.
75. The applicant shall prepare a final hydraulic and hydrology report, prepared by a qualified
engineer,for review and approval by the Public Works Director.
76.The applicant shall prepaze and submit a final geotechnical and soils classification report to the
satisfaction of the Chief Building Official and Public Works Director.
Prior to Issuance ofa Gradin Permit
77.The applicant shall submit a grading plan(36"x 24"plan size)in compliance with City of Orange
Public Works standards for review and approval by the Public Works Director. All grading and
improvements on the sub}ect properiy shall be made in accordance with the Manual of Grading
and Standard Plans and Specifications to the satisfaction of the Public Works Director.
78. Any soil imported or exported from the Tentative Tract boundaries shall require issuance of a
separate Transportation Pemut.
79. The applicant shall pay all applicable fees to cover plan check and inspection services related to
the grading activities.
80. The grading plan shall detail all of the locations where retaining walls will be conshucted,
including height and engineering for each wall,and the applicant sha11 obtain a building permit for
walls over three(3)feet in height prior to construction.
Resolution No.PC 18-18
Page 19 of 22
81.Any grading outside of the tract boundaries shall require the applicant to either obtain slope
easements or off-site grading agreements in a form suitable to the Public Works Director.
82. Tlie applicant shall prepare a dust control plan for review and approval by the Public Works
Director.
83. The applicant, in coordination with the contractor, shall ensure that grading and construction
acrivities comply with the following requirements:
a. All construction vehicles or equipment, fixed or mobile, shall be equipped with
properly operating and maintained mufflers;
b. All operations shall comply with City ordinances with respect to hours of
conshuction activity to minimize noise impacts;
c. During construction, best efforts shall be made to locate stockpiling and/or
vehicle staging areas as far as practicable from surrounding residences.
Prior to Issuance of a Building Permit
84.The Final Map,as approved by the Public Works Director,shall be recorded.
85. 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.
86.The applicant shall coordinate with the City's solid waste provider for location and design of
service.
87. Prior to issuance of building permits, the applicant shall submit an address number request,
including an addressing plan,to Public Works Department for review and approval.
88. The building closest to the N.Olive Street frontage shall have the lowest address number.
89. For the building in the back, nat clear in sight from N. Olive Street, an illtuninated address sign
shall be placed in the front.
P ior to Issuance o a Certi cate of Occupancy
90. 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.
91. 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.
92. Any utilities or easements constructed to serve the project or requiring relocarion shall be
completed and accepted by the affected agency and the City of Orange.
Resolution No. PC 18-18
Page 20 of 22
I hereby certify that the foregoing resolution was adopted on June 4, 2018, by the Planning
Commission of the City of Orange by the following vote:
AYES: Commissioners Glasgow, Gladson, and Willits
NOES: Commissioner Correa
RECUSE: None
ABSENT: Commissioner Simpson
Ernesf`J.'ilas;P anning Commission Chair
G
Date
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DRC,CUP,VAR.docx