RES-11040 New 94 Unit MultiFamily Residential DevelopmentRESOLUTION NO. 11040
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING MAJOR SITE
PLAN REVIEW NO. 0883 -16, DESIGN REVIEW NO.
4888 -16, AND ADMINISTRATIVE ADJUSTMENT
NO. 0248 -17 FOR A NEW 94 -UNIT MULTIFAMILY
RESIDENTIAL DEVELOPMENT LOCATED AT 1725
WEST KATELLA AVENUE.
APPLICANT: BRANCH WEST
WHEREAS, an application for Mitigated Negative Declaration No. 1853 -16, Zone
Change No. 1284 -16, Development Agreement No. 0004 -17, Major Site Plan Review 0883 -16,
Design Review 4888 -16, and Administrative Adjustment No. 0248 -17 was filed by Branch West
in accordance with the provisions of the City of the Orange Municipal Code; and
WHEREAS, an application for Mitigated Negative Declaration No. 1853 -16, Zone
Change No. 1284 -16, Development Agreement No. 0004 -17, Major Site Plan Review 0883 -16,
Design Review 4888 -16, and Administrative Adjustment No. 0248 -17 was filed by Branch West
and processed in the time and manner prescribed by state and local law; and
WHEREAS, Mitigated Negative Declaration No. 1853 -16 was prepared 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 Mitigated Negative Declaration 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 review committee determined that the plans,
technical studies, and content of the Mitigated Negative Declaration were satisfactory, and
recommended approval of the project on July 12, 2017 subject to the mitigation measures included
in the Mitigated Negative Declaration and staff recommended conditions; and
WHEREAS, the Design Review Committee (DRC) reviewed the subject proposal
preliminarily on December 7, 2016 and for formal action at its August 2, 2017 meeting, and
recommended approval with conditions and mitigation measures presented in Mitigated Negative
Declaration No. 1853 -16. The conditions and mitigation measures have been incorporated into this
Resolution; and
WHEREAS, at its September 6, 2017, meeting the Planning Commission recommended
that the City Council approve Major Site Plan Review No. 0883 -16, Design Review No. 4888 -16,
and Administrative Adjustment No. 0248 -17 for the construction of a new 5 story, 94 unit
apartment complex with podium style parking ( "Project ") on the property located at 1725 West
Katella Avenue; and
WHEREAS, the City Council of the City of Orange conducted a duly advertised public
hearing on November 14, 2017, to consider the Project on the property described as follows:
Exhibit A to this Resolution
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves Major
Site Plan Review No. 0883 -16, Design Review No. 4888 -16, and Administrative Adjustment No.
0248 -17, along with Mitigated Negative Declaration No. 1853 -16, Mitigation Monitoring
Program, and Errata as addressed in Resolution No. 11039, Zone Change No. 1284 -16 as
addressed in Ordinance No. 07 -17, and Development Agreement No. 0004 -17 as addressed in
Ordinance No. 08 -17 based on the following findings:
SECTION 1— ENVIRONMENTAL REVIEW
Mitigated Negative Declaration No. 1853 -16 was prepared 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 City Council finds that Mitigated Negative Declaration No. 1853 -16 and
associated Mitigation Monitoring and Reporting Program and Errata as addressed in Resolution
No. 11039 contains an adequate assessment of the potential environmental impacts of the proposed
project. The City Council finds that the project will have less than significant impacts to the
environment, with the implementation of conditions and mitigation measures included in
Mitigated Negative Declaration No. 1853 -16.
SECTION 2 — FINDINGS
General Plan
1. The project 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 development of high- density
multi - family residential development on the West Katella corridor implements the objectives
of the Urban Mixed Use General Plan land use designation, expanding the opportunities for
citizens to live, work and meet other daily needs conveniently. The project also supports the
goals of the City's Housing Element by bringing forward housing on the site that increases
the inventory of housing and diversifying the housing types available in the community. It
is also being developed at a density level that brings with it associated rental rates that meet
the City's workforce housing needs. The creation of infill housing is consistent with Housing
Element Policy Action 7.
The intersection, streetscape and sidewalk improvements included in the project and
associated Development Agreement address the goals of the Circulation and Mobility
Element by facilitating pedestrian activity and connections between major institutional,
commercial, office, entertainment, and sports destinations. The project also provides dense
housing in proximity to the major transit corridor of Katella Avenue, the Anaheim Regional
Intermodal Transportation Center, and Santa Ana River Regional Commuter Bikeway.
These factors establish greater alignment between the City's development and multi -modal
Resolution No. 11040 2
transportation network. Finally, providing housing in proximity to employment, services,
and transit also supports the Natural Resources Element by establishing more efficient
relationships between land uses that encourage multi -modal travel and reduced dependence
on traditional auto travel and associated vehicle trips in pursuit of reduced air pollution
emissions.
Major Site Plan
1. The project design is compatible with surrounding development and neighborhoods.
The project area is developed with large -scale contemporary office, institutional, and
commercial buildings including a hotel, entertainment and dining- oriented commercial
center, light - industrial and major regional transportation and sports venues. The
contemporary design and scale of the proposed project are compatible with the eclectic
character of the area and scale of surrounding buildings and arterial streets. The streetscape
improvements associated with the project reinforce connections and help to establish a visual
identity for the West Katella corridor, laying the groundwork for the evolution of a more
cohesive mixed use environment.
2. The project conforms to City development standards and any applicable special design
guidelines or specific plan requirements.
With the exception of the requested Administrative Adjustment for parking and drive aisle
width, with adoption of associated Zone Change No. 1284 -16 the proposed development
conforms to City development standards. However, as explained in the Administrative
Adjustment findings below, there are special circumstances related to the project site that
provide a basis for special consideration of the parking and drive aisle width standards in
relation to the proposed project. The project site is not subject to any City design guidelines
or specific plans.
3. The project provides for safe and adequate vehicular and pedestrian circulation, both on-
and off -site.
The proposed project incorporates streetscape improvements that reinforce the pedestrian
environment and quality of the pedestrian experience in a manner that better defines
pedestrian corridors in a manner that improves pedestrian safety. Vehicular access points
have also been designed to ensure safe circulation conditions. The associated Development
Agreement provides for further improvements to pedestrian safety and connectivity in the
area by exacting the construction of sidewalk connections and streetscape amenities that will
provide a more comfortable pedestrian experience in the area. 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. 1853 -16, the proposed project will result
in less than significant impacts to police, fire, recreation and or 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
Resolution No. 11040 3
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 substantially minimize adverse
environmental effects.
The proposed project includes project design features that minimize potential adverse
impacts to Aesthetics, Cultural Resources, Geology and Soils, Hazards and Hazardous
Materials, Hydrology and Water Quality, Transportation and Traffic, and Tribal Cultural
Resources. Mitigation Measures are also included in Mitigated Negative Declaration No.
1853 -16 that reduce potential impacts to less than significant levels.
Design Review Committee
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).
This project site is not within the Old Towne Historic District; therefore, this finding does
not apply.
2. In any National Register Historic District, the proposed work complies with the Secretary of
the Interior's standards and guidelines (OMC 17.10.070. F. 2).
This project site is not within the National Register Historic District; therefore, this finding
does not apply.
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 17.10.070. F. 3).
The project is neither located in a specific plan area nor an area of the City subject to design
standards. The west Katella corridor is area of the City that is characterized by an eclectic
mix of contemporary architectural styles applied to retail, office, industrial, and
entertainment oriented structures. The architecture and landscape design of the proposed
project complements and enhances the aesthetics of the Katella corridor and western gateway
for the City or Orange. The project design revitalizes the urban fabric by replacing a non-
descript commercial /light industrial building and surface parking lot with a distinctive larger
scale development project that is in scale with the Katella roadway and surrounding
development. The project provides varied and articulated building elevations, streetscape
enhancements that provide an appealing pedestrian environment to encourage pedestrian
activity and linkage between the project and surrounding uses, and begins to establish a
refreshed "sense of place" surrounding the Stadium Promenade node. The development
replaces an underutilized property with residential development that is compatible with the
contemporary architectural aesthetics of the area.
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 17.10.070. F. 4).
Resolution No. 11040
This project is not an infill residential development subject to the City's Infill Residential
Design Guidelines; therefore, this finding does not apply.
Administrative Adjustment
The reduction in standards will not be detrimental to the public health, safety, and general
welfare ofpersons residing or working on the subject property or in the vicinity.
The 1 -foot reduction in parking structure drive aisle width will not be detrimental to the
public health, safety and general welfare of persons residing or working in the area. In fact,
the reduction continues to accommodate a functional and efficient site plan and on -site
circulation.
Additionally, the provision of 15 of the required 176 parking spaces through the use of
elevated mechanical lifts will not be detrimental to the public, project residents, or
surrounding properties in that the conditions of approval for the project require the lifts to be
user - friendly and assigned to the apartment units associated with the floor -level parking
space below it. These conditions ensure that the lifts will be used for their intended purpose
and to satisfy the required parking for the development. Because the use of mechanical lifts
to provide required parking is not expressly addressed in the Orange Municipal Code, an
Administrative Adjustment serves to accept the use of modern -day technology as an alternate
method of parking.
2. Issuance of the permit does not compromise the intent of this code.
Granting of the Administrative Adjustments does not compromise the intent of the Code
because the requested reductions continue to accommodate a functional and efficient site
plan and on -site circulation in conjunction with an urban infill housing product that is
intended by the Urban Mixed Use zoning.
SECTION 3— CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed with approval:
1. The project shall conform in substance and be maintained in general conformance with plans
and exhibits labeled September 6, 2017 including any modifications required by conditions
of approval, and as recommended by the Planning Commission. Any future expansion in
area or in the nature and operation of the use approved by Mitigated Negative Declaration
No. 1853 -16, Development Agreement No. 0004 -17, Major Site Plan Review No. 0883 -16,
Design Review No. 4888 -16, Administrative Adjustment No. 0248 -17 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 labeled September 6, 2017. Any future changes to the project's architectural or
site design features approved by Mitigated Negative Declaration No. 1853 -16, Development
Agreement No. 0004 -17, Major Site Plan Review No. 0883 -16, Design Review No. 4888-
16, and Administrative Adjustment No. 0248 -17 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.
Resolution No. 11040 5
4. 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 these 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.
5. 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.
6. Mitigated Negative Declaration No. 1853 -16, Development Agreement No. 0004 -17, Major
Site Plan Review No. 0883 -16, Design Review No. 4888 -16, and Administrative Adjustment
No. 0248 -17 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.
7. 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.
8. 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
Community Development Director may approve the changed plan without requiring a new
public hearing.
9. 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.
10. 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 building permits may be cause for revocation of this entitlement.
11. Prior to issuance of building permits for the apartment units, 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 Program,
Fire Facility, Police Facility, Park Acquisition, Sanitation District, and School District, as
required.
12. Final landscape/hardscape and lighting plans addressing the pool courtyard, rooftop garden,
vehicular access area, and Katella frontage shall be reviewed and approved by the DRC prior
to issuance of building permits.
Resolution No. 11040 6
13. The applicant shall revise Sheet 5 -1.1 of the plans to reflect a correct numeral height of 2-
feet for sign type "04 Address Signage" prior to the issuance of building permits for sign
installation.
14. The final sign package shall be reviewed by the Design Review Committee prior to the
issuance of building permits.
15. 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 building permits may be cause for revocation of this entitlement.
16. 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.
17. 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.
18. Prior to issuance of a Certificate of Occupancy, all landscaping improvements shall be
completed according to the approved plans and to the satisfaction of the Community
Development Director.
19. Any new lighting on the premise shall be installed in such a way to direct, control, and screen
the lighting to prevent off site light spillage onto adjoining properties and shall not be a
nuisance to any point beyond the exterior boundaries of the property. 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 OMC standards.
20. 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.
21. 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.
22. Final landscape and irrigation plans shall include a planting legend that provides a symbol
and name, quantity and size for plant material and more detail indicating plant placement,
location and spacing on plan.
23. All landscape areas shall be shall be maintained in a neat and healthy condition. Should the
plant material die, the property owner /operator shall replace it with new plant material.
24. 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.
25. The final landscape plan shall include a note that a fully automated irrigation system will be
provided. The landscape and irrigation design shall include the Calsense irrigation control
system or equivalent including remote communication, flow sensor and master value
Resolution No. 11040 7
components. The median landscape design shall also comply with the City's Landscape
Water Efficiency Ordinance (OMC 16.50.040).
26. 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.
Water Division
27. Prior to the issuance of a building permit, a hydraulic study shall be completed by the
applicant to the satisfaction of the Water Division Manager. The study shall be done to
determine if the existing City water system is sufficient to meet the expected maximum day
and peak hour domestic consumption demands and the peak fire flow requirements created
by the project in addition to the existing current demands and other future planned uses in
the surrounding areas of the proposed development.
28. Prior to the 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, and or 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.
29. The City Water Division shall not be responsible for the occurrence of and the related
consequences such as but not limited to construction delays, Certificate of Occupancy
deferment and or financial impacts due to the applicant's failure to file a Water Division
application prior to building permit issuance and or by electing to defer the filing of the
application and water improvement plan submittal and or a failure to follow the conditions.
30. Prior to the issuance of a building permit, the applicant shall be responsible for the relocation
of the existing public water system appurtenances necessitated by the proposal to a location
and of a design as approved by the Water division.
31. 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.
32. Prior to building permit issuance, construction documents submitted during plan check shall
show that the State of California State Water Resources Control Board Division of Drinking
Water separation requirements are met related to the existing and future City water well.
33. Prior to building permit issuance, construction documents shall show that the water
improvement plans submitted during plan check are consistent with the City Water Division
Standard Drawings 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.
Resolution No. 11040
34. Prior to building permit issuance, construction documents shall show that the installation of
new water mains and new supply lines in the vicinity of pipelines conveying sewage, storm
drainage and or hazardous fluids is done per the Water Division's Standard Number 113.
35. 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 those identified in the Water Division's Standard Number 113.
36. Prior to building permit issuance, construction documents shall show that a minimum twenty
foot separation will be maintained from the public water system facilities to the proposed
buildings and structures per the City of Orange Location Of Underground Utilities Standard
and as approved by the Water Division.
37. Prior to building permit issuance, 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.
38. Prior to building permit issuance, 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.
39. Prior to building permit issuance, construction documents shall show that permanent signs,
awnings, surface water quality features 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.
40. That 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.
41. Prior to installation, the Water Division shall approve the type and location of all back flow
prevention devices. Please call 714 - 288 -2498 or 714 - 288 -2489 should you need assistance.
42. 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.
43. 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.
Water Ouality
44. Prior to City approval of the landscape plans, the applicant shall review the approved Water
Quality Management Plan and ensure the proposed landscape plans are consistent with the
project grading plans and show the proposed storm water infiltration devices and other
treatment BMPs affecting landscaping areas.
Resolution No. 11040 9
45. Prior to the issuance of any grading permits the applicant shall submit a Priority Project
WQMP for review and approval to the Public Works Department that:
a. Prioritizes the use of Low Impact Development principles as follows: preserves
natural features; minimizes runoff and reduces impervious surfaces; and utilizes
infiltration of runoff as the method of pollutant treatment. Infiltration BMPs to be
considered include the use of permeable materials such as concrete and concrete
pavers, infiltration trenches, infiltration planters, and other infiltration BMPs as
applicable.
b. Incorporates the applicable Site Design, Routine Source, Structural Control and Low
Impact BMPs as defined in the Model Water Quality Management Plan and
Technical Guidance Document.
c. Maintains the hydrologic characteristics of the site by matching time of
concentration, runoff, velocity, volume and hydrograph for a 2 -year storm event,
d. Minimizes the potential increase in downstream erosion and avoids downstream
impacts to physical structures, aquatic and riparian habitat,
e. Generally describes the long -term operation and maintenance requirements for
structural and Treatment Control BMPs,
f. Identifies the entity or employees that will be responsible for long -term operation,
maintenance, repair and or replacement of the structural and Treatment Control
BMPs and the training that qualifies them to operate and maintain the BMPs,
g. Describes the mechanism for funding the long -term operation and maintenance of all
structural and Treatment Control BMPs,
h. Includes a copy of the forms to be used in conducting maintenance and inspection
activities,
i. Meets recordkeeping requirements (forms to be kept for 5 years).
j. Includes a copy of the form to be submitted annually by the project owner to the
Public Works Department that certifies that the project's structural and treatment
BMPs are being inspected and maintained in accordance with the project's WQMP.
46. 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 constructed and installed in conformance
with the approved plans and specifications,
b. That the applicant is prepared to implement all non - structural BMPs described in the
Project WQMP,
c. That an adequate number of copies of the project's approved final Project WQMP
are available for the future occupiers.
47. 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
Resolution No. 11040 10
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.
48. 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.
49. 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 Orange
Public Works Department of the new person(s) or entity responsible for maintenance of the
BMPs.
50. For those projects requiring coverage under the State of California's General Construction
Permit: Prior to the 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.
Subdivision
51. All public infrastructures, including street sections, sidewalk, driveway apron, and utilities
shall comply with City of Orange Standard Plans and Specifications.
52. All utility lines connecting from public street and easement to the project site, including
power line and telecommunication line, shall be constructed underground.
53. Driveway apron shall conform to Public Works Standard Plan 115 for commercial driveway
with ADA accessibility.
54. Any unused driveway approaches shall be restored with full height curb and gutter and
sidewalk.
55. Repair any cracked, uneven, or damaged public sidewalk, curb and gutter along project
frontage.
56. All works within public right -of -way and public utility easements will require Encroachment
Permits, including sidewalk and driveway constructions and utility main and lateral
constructions.
57. A utility plan shall be included with the Grading Plan showing all sewer and storm drain
lines. Other utility lines, such as water lines, may also be included on Grading Plan for
reference.
58. Sanitary sewer system connecting from the buildings to public mainline shall be private and
maintained by the property owner.
Resolution No. 11040
59. Subject to pay City of Orange sewer frontage fee (sewer connection fee).
60. Trash receptacle locations and details shall be included on the Grading Plan. The trash
storage area shall be constructed per Public Works Standard Plan 409.
61. An approved Grading Plan from Public Works Department shall be required. The Grading
Plan shall include phased Erosion and Sediment Control Plans and any Site Demolition Plan,
if required.
62. A geotechnical report shall accompany the grading plan review.
63. The contractor shall obtain a Grading Permit from Public Works Department prior to start of
any site demolition, clearing and grubbing, and grading.
64. Show all structural BMPs for water quality purpose on Grading Plan. Water quality features
shown on the Grading Plan must match WQMP.
65. A Transportation Permit from City's Traffic Division will be required for any import and
export of dirt.
Fire Department
66. 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.
Police Department
67. The applicant shall provide a photometric survey of each level of the parking structure
including the stairways showing compliance with City of Orange Building Security
Ordinance 15.52 reference #7 -79 and IESNA standards (3 -5 foot- candles minimum
maintained at ground). Interior walls shall be of a light color stain or paint to increase
uniformity and reflective light.
68. To reduce access points into the structure, the applicant shall install see through security
mesh or other approved alternatives at all first level open sections that are not used for
vehicular or pedestrian access. An open mesh type of screening would provide maximum
visibility from the exterior.
69. Stairwells serving the facility should be open and offer maximum visibility. Shear walls
within the structure should be limited due to the lack of visibility and creation of concealed
areas.
70. Elevator towers shall be of open transparent material to enhance visibility into the elevator
cabs and help reduce criminal activity.
71. Any hollow metal doors within the structure shall be of 16 -gauge steel, with NRP's and is
required to have an approved mortise deadbolt lock (see attached Approved Products List).
72. Landscaping shall be maintained to reduce hiding places and allow easy surveillance into the
parking structure (bushes no higher than 3 feet and trees trimmed up from the ground no
lower than 6 feet).
73. The parking structure should be of open design and it is recommended that the height
between the floor surface and the ceiling level be at least 8' 6" throughout the parking
Resolution No. 11040 12
structure. The 8' 6" height provides a much greater feeling of space and safety. Avoid
architectural designs that provide hiding places where individuals could easily conceal
themselves.
74. 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. 7 -79). Architect 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.
75. 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.
76. 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. The numerals shall be no less than four inches in height and shall be of
a contrasting color to the background to which they are attached.
77. Prior to issuance of Certificate of Occupancy, the applicant shall schedule a light reading
inspection with the Crime Prevention Bureau. The lighting shall be tested and confirmed to
determine if the lighting meets or exceeds the exterior boundary standards. The applicant
shall use shielding so as to ensure that the light standards meet the requirements of OMC
Section 17.12.030 for the areas beyond the property's exterior boundaries; light spillage or
pollution to surrounding residential areas shall not exceed a maintained minimum of 0.5 foot -
candle.
Mitigation Measures
78. Outdoor lighting shall be designed and installed with shielding if necessary, such that the
light sources cannot be seen from the adjacent hotel property, and shall be verified by the
City prior to issuance of the final building permit. (Mitigation Measure 1 -1)
79. In the event a previously unrecorded archaeological deposit is encountered during
construction, all activity shall cease in the vicinity of the find and redirected elsewhere. An
archaeologist meeting the Secretary of Interior's Professional Qualifications for Archaeology
as defined at 36 CFR Part 61, Appendix A (Professional Archaeologist) shall be retained by
the developer to determine:
1. If the archaeological deposits meet the CEQA definition of historical (State CEQA
Guidelines 15064.5(a)) and or unique archaeological resource (Public Resources Code
21083.2(g)); and
2. Make recommendations on the treatment of the deposits. The recommendations shall
be developed in accordance with applicable provisions of Public Resource Code Section
21083.2 and State CEQA Guidelines 15064.5 and 15126.4. The applicant shall follow
all recommendations made by the archaeologist.
Resolution No. 11040 13
The final report containing site forms, site significance, and mitigation measures shall
be submitted immediately to the Community Development Department. All
information regarding site locations, Native American human remains, and associated
funerary objects shall be in a separate confidential addendum, and not be made available
for public disclosure. The final written report shall be submitted to the appropriate
regional archaeological Information Center within three months after work has been
completed. (Mitigation Measure 5 -1)
80. In the event paleontological resources are encountered during construction, ground -
disturbing activity shall cease in the immediate area. A qualified paleontologist shall be
retained by the developer to examine the materials encountered, assess significance, and
recommend a course of action to further investigate and /or mitigate adverse impacts to those
resources that have been encountered. (Mitigation Measure 5 -2)
81. The Project shall implement Best Management Practices to assure erosion protection during
construction in compliance with NPDES requirements. (Mitigation Measure 6 -1)
82. Prior to demolition activities, the developer shall conduct a survey for asbestos containing
materials in accordance with the requirements of EPA NESHAP 40 CFR Part 61, and submit
this survey to the Planning Division. All identified asbestos shall be abated in accordance
with the South Coast Air Quality Management District (SCAQMD)'s Rule 1403, as well as
all other applicable City, State, and federal regulations prior to the issuance of a demolition
permit. (Mitigation Measure 8 -1)
83. All building maintenance personnel, Contractors, and any other person who may disturb the
confirmed ACM shall be notified of the contents of the asbestos survey and trained in
accordance with Cal /OSHA regulations by the developer and/or contractor prior to the
issuance of a demolition permit. Proof of this notification shall be provided to the Planning
Division prior to the issuance of a demolition permit. (Mitigation Measure 8 -2)
84. Prior to demolition activities, an investigation for lead -based paint shall be conducted and
identified LBP shall be abated in accordance with applicable City, State, and federal
regulations. Construction workers shall be properly trained in lead- related construction in
order to avoid exposure of such workers to lead- containing material. Proof of this
investigation shall be provided to the Planning Division prior to the issuance of a demolition
permit. (Mitigation Measure 8 -3)
85. As part of the WQMP, activity restrictions enforced by the Property Management
Association would prohibit activities such as car washing, litter, and equipment maintenance
that result in high pollutant sources discharging from the Site under rain events, unless
undertaken within a properly designated area. (Mitigation Measure 9 -1)
86. The existing signalized intersection of Katella Avenue at Struck Avenue shall be modified
to include the Project driveway as part of the intersection. The median on Katella Avenue
will be modified to provide a 100 -foot eastbound left -turn lane for access into the Site.
Mitigation Measure 16 -1)
Resolution No. 11040 14
87. A Native American monitor from a Tribe who is ancestrally related to the Project area (i.e.
Native American Monitors of Gabrieleno Ancestry) shall be retained to be on site to monitor
all Project- related, ground - disturbing construction activities (e.g., pavement removal,
auguring, boring, grading, excavation, potholing, trenching, grubbing, and weed abatement)
and during all soil movement of previously undisturbed soils. (Mitigation Measure 17 -1)
88. All archaeological resources unearthed by Project construction activities shall be evaluated
by the Qualified Archaeologist and Native Monitor. If the resources are Native American
in origin, the Tribe shall coordinate with the landowner regarding treatment and curation
of these resources. Typically, the Tribe will request reburial or preservation for educational
purposes. If a resource is determined by the Qualified Archaeologist to constitute a
historical resource" pursuant to CEQA Guidelines Section 15064.5(a) or has a "unique
archaeological resource" pursuant to Public Resources Code Section 21083.2(g), the
Qualified Archaeologist shall coordinate with the applicant and the City to develop a formal
treatment plan that would serve to reduce impacts to the resources. The treatment plan
established for the resources shall be in accordance with CEQA Guidelines Section
15064.5(f) for historical resources and Public Resources Code Sections 21083.2(b) for
unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred
manner of treatment. If preservation in place is not feasible, treatment may include
implementation of archaeological data recovery excavations to remove the resource along
with subsequent laboratory processing and analysis. Any historic archaeological material
that is not Native American in origin shall be curated at a public, non - profit institution with
a research interest in the materials, such as the Natural History Museum of Los Angeles
County or the Fowler Museum, if such an institution agrees to accept the material. If no
institution accepts the archaeological material, they shall be donated to a local school or
historical society in the area for educational purposes. (Mitigation Measure 17 -2)
89. Prior to the start of ground disturbing activities, the land owner shall arrange a designated
site location within the footprint of the Project for the respectful reburial of the human
remains and /or ceremonial objects. Any discoveries of human skeletal material shall be
immediately reported to the County Coroner. The monitor will immediately divert work at
minimum of 50 feet and place an exclusion zone around the burial. The monitor will then
notify the Qualified Archaeologist and the construction manager who will call the coroner.
Work will continue to be diverted while the coroner determines whether the remains are
Native American. The discovery is to be kept confidential and secure to prevent any further
disturbance. If Native American, the coroner will notify the NAHC as mandated by state
law who will then appoint a Most Likely Descendent. In the case where discovered human
remains cannot be fully documented and recovered on the same day, the remains will be
covered with muslin cloth and a steel plate that can be moved by heavy equipment placed
over the excavation opening to protect the remains. If this type of steel plate is not
available, a 24 -hour guard should be posted outside of working hours. The Tribe will make
every effort to recommend diverting the Project and keeping the remains in situ and
protected. If the Project cannot be diverted, it may be determined that burials will be
removed. The Tribe will work closely with the Qualified Archaeologist to ensure that the
excavation is treated carefully, ethically and respectfully. If data recovery is approved by
the Tribe, documentation shall be taken which includes at a minimum detailed descriptive
notes and sketches. Additional types of documentation shall be approved by the Tribe for
Resolution No. 11040 15
data recovery purposes. Cremations will either be removed in bulk or by means as
necessary to ensure completely recovery of all material. If the discovery of human remains
includes 4 or more burials, the location is considered a cemetery and a separate treatment
plan shall be created. The Project applicant shall consult with the Tribe regarding avoidance
of all cemetery sites. Once complete, a final report of all activities is to be submitted to
the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any
invasive diagnostics on human remains.
If the coroner determines the remains represent a historic non - Native American burial, the
burial shall be treated in the same manner of respect with agreement of the coroner. Reburial
will be in an appropriate setting. If the coroner determines the remains to be modern, the
coroner will take custody of the remains.
90. Each occurrence of human remains and associated funerary objects will be stored using
opaque cloth bags. All human remains, funerary objects, sacred objects and objects of
cultural patrimony will be removed to a secure container on site if possible. These items
should be retained and reburied within six months of recovery. The site of
reburial /repatriation shall be on the Project Site but at a location mitigated between the Tribe
and the landowner at a site to be protected in perpetuity. There shall be no publicity
regarding any cultural materials recovered. (Mitigation Measure 17 -3)
91. Archaeological and Native American monitoring and excavation during construction
projects will be consistent with current professional standards. All feasible care to avoid
any unnecessary disturbance, physical modification, or separation of human remains and
associated funerary objects shall be taken. Principal personnel must meet the Secretary of
Interior standards for archaeology and have a minimum of 10 years of experience as a
principal investigator in southern California. The Qualified Archaeologist shall ensure that
all other personnel are appropriately trained and qualified. (Mitigation Measure 17 -4)
Additional Conditions
92. The Applicant, it's successors and assigns, shall include in all leases, and/or purchase and
sale agreements, if any, the following disclosure: The tenant/buyer of any
apartment/dwelling unit ( "subject property ") acknowledges and understands that the subject
property is located immediately adjacent to the Stadium Promenade Center ( "Center "), and
the Center is a vibrant entertainment and commercial complex, which includes various public
focused large format attractions such as entertainment, food and beverage venues, and
associated late night uses. Normal and customary activities consistent with such uses
include, but are not limited to, loading, unloading, trash/refuse collection and disposal, noise,
light and glare, and the generation of vehicular and pedestrian traffic. As such, the proximity
and normal operations of the Center may have operational or aesthetic impacts on those
properties adjacent to the Center, including the subject property.
93. Prior to the issuance of building permits, the Applicant shall submit construction drawings
that indicate a parking garage ceiling height that accommodates the installation of
mechanical parking lifts. Specific spaces shall be identified on the construction drawings for
Resolution No. 11040 16
lift installation. Lift specifications shall be included with the construction drawings
demonstrating ease of use and clearance requirements for lift operation.
94. The parking spaces provided through mechanical lifts shall be assigned to the same
apartment unit as the floor -level parking space beneath it. This shall be documented by the
applicant in a form deemed acceptable to the Community Development Director prior to
building permit final.
ADOPTED this 14th day of November 2017.
ATTEST:
Mary E. Ni hy, City Clerk, City ange
Teresa L Smith, Mayor, 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 November 2017, by the following vote:
AYES:COUNCILMEMBERS:Smith, Murphy, Nichols
NOES:COUNCILMEMBERS:None
RECUSE:COUNCILMEMBERS:Whitaker
ABSENT:COUNCILMEMBERS:Alvarez
4
Mary, . Mu y, City Clerk, C'ty ange
Resolution No. 11040 17