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RES-10985 Tentative Tract Map ApprovalRESOLUTION NO. 10985 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING TENTATIVE TRACT MAP NO. 0044 -16, CONDITIONAL USE PERMIT NO. 2987 -15, MAJOR SITE PLAN REVIEW NO. 0837 -15, DESIGN REVIEW NO. 4821 -15, AND ADMINISTRATIVE ADJUSTMENT NO. 0237 -15 FOR THE CONSTRUCTION OF A NEW 40 UNIT, THREE STORY TOWNHOUSE DEVELOPMENT AT 2830 NORTH GLASSELL STREET. APPLICANT: LATERRA DEVELOPMENT LLC, DARYL SEQUEIRA WHEREAS, Tentative Tract Map No. 0044 -16, Conditional Use Permit No. 2987- 15, Major Site Plan Review No. 0837 -15, Design Review No. 4821 -15, and Administrative Adjustment No. 0837 -15 (hereinafter referred to as the "Project ") was filed by LaTerra Development LLC, Daryl Sequeira (the "Applicant ") in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, the Project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines 15332 (Class 32 — In -fill Development Projects) based on the findings contained herein; and WHEREAS, on October 7, 2015, January 13, 2016, March 16, 2016 and May 18, 2016 staff from interested departments reviewed the project and determined that the project includes all necessary application materials and meets code requirements to allow Design Review Committee and Planning Commission review to occur; and WHEREAS, On June 15, 2016 and August 3, 2016 the Design Review Committee reviewed the project at regularly scheduled Design Review Committee meetings and on August 3, 2016 recommended that the Planning Commission approve the Project subject to specific findings and conditions; and WHEREAS, the Planning Commission conducted two duly advertised public hearings on September 8, 2016 and October 17, 2016, and at the conclusion of said hearings recommended that the City Council approve the Project; and WHEREAS, the City Council conducted a duly advertised hearing on November 9, 2016, at which time interested persons had an opportunity to testify either in support of, or opposition to, the Project upon property located at 2830 N. Glassell Street which is currently designated with Assessor Parcel Number 360- 031 -07, and as legally described in Attachment A of this resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby approves Tentative Tract Map No. 0044 -16, Conditional Use Permit No. 2987 -15, Major Site Plan Review No. 0837 -15, Design Review No. 4821 -15, and Administrative Adjustment No. 0837 -15 for the construction of a 40 unit, three story townhouse development at 2830 N. Glassell Street, based on the following findings: SECTION 1 — ENVIRONMENTAL REVIEW The Project is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines 15332 (Class 32 — In -fill Development Projects) because the Project meets the following criteria: a. The Project is consistent with the existing General Plan designations, General Plan policies, applicable zoning designations and regulations in that the intended townhouse use is a listed permitted use consistent with the intent of the land use designation. b. The Project is in the City on a site less than five acres and is substantially surrounded by urban uses. c. The Project site has no value as habitat for endangered, rare or threated species in that the site is void of any vegetation or landforms. d. The Project has been evaluated for significant effects relating to traffic, noise, air quality, and water quality and no significant effects have been identified in that: A traffic analysis (on file) was performed and showed no impact. Noise levels will fall below mandated levels for residents and surrounding properties. Air quality guidance thresholds of the South Coast Air Quality Management District would not be exceeded. A Preliminary Water Quality Management Plan has been approved. e. The site would be adequately served by all required utilities and public services in that all services currently exist to serve the site. SECTION 2 - FINDINGS General Plan 1. The project must be consistent with the goals and policies stated within the City's General Plan. Reso. No. 10985 2 The project achieves multiple goals of the General Plan. The project implements Goal 1.0 of the Land Use Element of the General Plan by providing a range of housing to meet the diverse needs and lifestyles of residents. The new development reflects cohesive design standards, qualities, and features. The new development preserves the character and densities of the City. The Housing Element of the General Plan strives to meet the housing needs of the City's diverse population through housing production as one of its tools. The City encourages a variety of housing types and living environments in the City. The City strives to build upon its existing assets to create a living, active and diverse environment that complements all lifestyles that make Orange unique. The project is consistent with the land use designations for the residential district and the policies of the General Plan encouraging the development of a wide range of housing projects. Therefore, in order to implement the General Plan, the appropriate development standards to be applied to the proposed project are those set forth in Orange Municipal Code Section 17.14 pertaining to residential districts. Tentative Tract May 1. The requirements for the filing of subdivision maps shall be governed by the provisions of the Subdivision Map Act and the provisions of Title 16 of the Orange Municipal Code (OMC). All maps shall comply with the provisions of the Subdivision Map Act, the City Zoning Ordinance, Title 16 of the OMC, and any other ordinance, statute or law pertaining to the use, sale, leasing, or subdivision of land. The proposed tentative tract map for condominium purposes 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. Further, the tract map for condominium purposes is proposed in order to establish `common' versus `exclusive use areas' for proposed residential development on a developed site currently occupied by vacant school buildings. Site planning requirements related to area, improvements and design, floodwater drainage control, appropriate improved public roads, 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. Therefore, the project meets this finding. 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. (OMC 17.10.030. F. 1) OMC Section 17.14.100 allows for greater height or habitable stories in the R -3 zone to residential development. In reviewing such requests, the City shall consider whether the project achieves greater usable open space, lessens solar shading or Reso. No. 10985 3 noise impacts, screens rooftop mechanical equipment, and is compatible with the overall design of the project. In order to develop the site with the expected density of the zone and provide sufficient parking and open space, the applicant has proposed a contemporary townhouse style development. Townhouse development is permitted in the R -3 zone. The three story units have an additional story in order to provide garage parking under the habitable buildings while maintaining adequate open space and landscaping. However, no greater height was requested for the development, meaning the proposed units will be no taller that is allowed in the R -3 zone. This also limits solar shading impacts to surrounding properties. In order to achieve the height limit, the buildings have been designed with flat roofs and all mechanical equipment is proposed to be ground mounted and screened with walls and landscaping. The flat roof design of the buildings in compatible with the architectural style of the buildings and compatible with the character of surrounding development in the area. 2. A conditional use permit shall not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located. OMC 17.10.030. F. 2) The subject property is generally located north of the intersection of N. Glassell Street and E. Lincoln Avenue. It is surrounded by a mix of residential, commercial and public uses. The property is bounded to the north and west by the Riverbend /Del Rio Planned Community. Riverbend includes attached and detached single family residential units. Units directly adjacent to the north property line are at a higher grade than the subject property and are three stories in height. The property is bounded to the south by a 76 gas station and by a two -story multi- family residential development. The property is bounded to the east across Glassell Street by Olive Park and a Valero gas station and car wash. Given that the property is already bounded by three story construction to the north, a precedent has already been set in the immediate area to allow for additional stories in residential construction. The existing masonry wall between the adjacent residential apartment complex to the south and single family residential to the north will be maintained in accordance with the requirements set forth in OMC Section 17.14.180 to ensure the protection and privacy of all residential uses. Furthermore, because the proposed development is still within the 32 ft maximum height limit established in the R -3 zone, the townhouses will actually appear shorter than those units in Riverbend, providing for a gradual stepping down of height between that development and the residential and commercial to the south. The transition from greater height to less height, as well as the transition between less and greater development density from the north to the south of the property make the project appropriate to its site and will not cause deterioration to border land uses. Reso. No. 10985 4 3. A conditional use permit must be considered in relationship to its effect on the community or neighborhood plan for the area in which it is located. (OMC 17.10.030.F.3) There is no neighborhood or community plan specifically for the area, other than the City's General Plan. As proposed, the project will have no detrimental effects on the neighborhood. Furthermore, the project has the potential to help the city meet its long -term housing goals as identified in the General Plan Housing Element. It also supports the General Plan Urban Design Element goals related to establishing appropriate transitions between residential and commercial corridors. 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. (OMC 17.10.030.E4) Conditions have been proposed by interested Staff and the Design Review Committee to address concerns with the redevelopment of the site, so as it not have an adverse effect on surrounding properties and property owners. Major Site Plan Review 1. The project design is compatible with surrounding development and neighborhoods. OMC 17.10.080. H.1) The proposed project is not located in an area of the City with any specific adopted design standards or guidelines. The Infill Residential Design Guidelines are also not applicable to the proposed project, as it does not qualify as infill in an existing established neighborhood. However, the project must still be evaluated to determine whether it upholds community aesthetics through the use of an internally consistent and integrated design theme. The applicant is proposing a townhouse development with a modern contemporary style, consistent with current design trends in architecture and landscape architecture. The development is different in style compared to the other developments around it, but the mass, scale and type of housing proposed is consistent with previous development in the area. The site is adjacent to commercial, multi - family residential and the Riverbend development, which includes attached housing and three story buildings at an elevated grade. Given the diverse array of architecture styles in the area, and the lack of specific design guidelines for development along N. Glassell Street, the proposed development is appropriate for the area. 2. Major Site Plan approval shall be granted if the project conforms to City development standards and any applicable special design guidelines or specific plan requirements. (OMC 17.10.080. H 2) Reso. No. 10985 5 Generally, the proposed project conforms to the development standards for residential development in the R -3 zone. The applicant has requested a conditional use permit for an additional habitable story and the approval of a 20% administrative adjustment for setbacks and driveway length. Both approvals must be granted in order for the overall project to be approved. The proposed project is not located in an area of the City with any specific adopted design standards or guidelines. 3. Major Site Plan approval shall be granted if the project provides for safe and adequate vehicular and pedestrian circulation, both on- and off -site. (OMC 17.10.080.H. 3) The project has safe and adequate access and circulation for vehicles and pedestrians from N. Glassell Street. The on -site circulation has been designed to accommodate all access needs to parking spaces and for emergency vehicle access. Disabled parking and access has been designed to accommodate building code requirements. The street orientation of the development and streetscape amenities clearly differentiate vehicular and pedestrian space in support of safe and well- defined movement through and around the site. 4. Major Site Plan approval shall be granted if City services are available and adequate to serve the project. (OMC 17.10.080. H. 4) A review of the project with all City Departments concludes that City services will be available and adequate. 5. Major Site Plan approval shall be granted if the project has been designed to fully mitigate or substantially minimize adverse environmental effects. (OMC 17.10.080. H. 5) No environmental effects have been identified for the project. Technical studies related to traffic, noise, air quality and drainage have been provided by the applicant that show that the project will have no significant environmental impacts and the project qualifies for a California Environmental Quality Act (CEQA) Class 32 Infill Exemption. The Orange Municipal Code will adequately manage construction and use regulation needs of the project. Design Review 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. G. 1). This finding is not applicable to this project, as the property is not located within the boundaries of the Old Towne Historic District. Reso. No. 10985 6 2. In any National Register Historic District, the proposed work complies with the Secretary of the Interior's standards and guidelines (OMC 17.10.07. G. 2). This finding is not applicable to this project, as the subject property is not located within any National Register listed historic district, no contains any known historic resources. 3. The project design upholds community aesthetics through the use of an internally consistent, integrated design theme and is consistent with all adopted specific plans, applicable design standards, and their required findings (OMC 17.10.07. G. 3). The project as proposed has an internally consistent design theme, with a contemporary palette in both the building and landscape design. The development is different in style compared to the other developments around it, but the mass, scale and type of housing proposed is consistent with previous development in the area. The site is directly adjacent to both multi - family residential apartments and the Riverbend Planned Community, which includes attached and detached housing three story in height at an elevated grade. Given the diverse array of architecture styles in the area, and the lack of specific design guidelines for development along N. Glassell Street, it is the opinion of staff that the proposed development is not inappropriate for 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 17.10.07. G. 4). This finding is not applicable to this project, as the proposed development is not considered infill residential development pursuant to the City of Orange Infill Residential Design Guidelines. Administrative Adjustment 1. That the reduction in standards will not be detrimental to the public health, safety, and general welfare of persons residing or working on the subject property or in the vicinity. (OMC 17.10.050. E.1) The administrative adjustment permit process is established to allow for a simplified review process for specific land use actions which the City anticipates will not adversely affect surrounding properties. The applicant has requested a 20% reduction in building setbacks and a 10% reduction in driveway length and part of the proposed project. The applicant has requested these adjustments in order to allow for a more efficient layout of the proposed development on a site that is irregular in shape. Reso. No. 10985 7 Staff from interested departments have reviewed the proposed application for reduction in development setbacks and driveway length and have determined that granting requested reductions to these standards will not create safety risks on the property to residents or visitors. The project will also not be detrimental to the public health and general welfare or surrounding properties. All construction will comply with the standards set forth in the California Building Code and applicable Public Works standards. 2. That issuance of the permit does not compromise the intent of this code. (OMC 17.10.050.E2) In reviewing the proposal staff finds that the request does not compromise the intent of the code related to administrative adjustments. The granting of the requested Administrative Adjustment would allow the applicant to deviate from the established Code requirements for setbacks and driveway length within allowable parameters without having to go through a complete variance process. SECTION 3 — CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed with approval of the Project: 1. The project shall conform in substance and be maintained in general conformance with plans and exhibits labeled Exhibit A in the staff report (date stamped November 9, 2016), including modifications required by the conditions of approval, as recommended for approval by the Planning Commission. 2. The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents and employees from any and all liability or claims that may be brought against the City arising out of its approval of this permit, save and except that caused by the City's active negligence. The City shall promptly notify the applicant of any such claim, action, or proceedings and shall cooperate fully in the defense. 3. The applicant shall comply with all federal, state, and local laws, including all City regulations. Violation of any of those laws in connection with the use will be cause for revocation of this permit. 4. Any modifications to the plans including, but not limited to, the landscaping and parking as a result of other Department requirements such as, but not limited to, 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 and/or Design Review Committee as determined by the Community Development Director. Reso. No. 10985 8 5. 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. 6. Any future expansion in area or in the nature and operation of the approved use by Tentative Tract Map No. 0044 -16, Conditional Use Permit No. 2987 -15, Major Site Plan Review No. 0837 -15, Design Review No. 4821 -15, and Administrative Adjustment No. 0837 -15 shall require a new or amended application as required by the Orange Municipal Code. 7. This major site plan approval 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. 8. Prior to building permit issuance, the final tract map shall be approved by the Public Works Department, in conformance with the provisions of the Subdivisions Map Act. 9. Prior to building permit final /certificate of occupancy, Covenants, Conditions and Restrictions (CC &R's) shall be reviewed and approved by the City and address specific responsibilities of the Homeowners Association (HOA). The CC &R's shall be recorded prior to or concurrent with the Final Map. Prior to recordation, the CC &R's shall be reviewed and approved jointly by the City Attorney, Community Development Director, and Public Works Director. The CC &R's shall contain enforceable restrictions prohibiting storage within parking spaces. CC &R's shall also require a 20' by 20' inside clear area in each garage to be maintained at all times for its intended use as vehicle parking. Storage shall consist of the 120 cubic feet required by the Orange Municipal Code. No storage or other use of garage space that restricts its use for vehicle parking shall be permitted. CC &R's shall contain enforceable restrictions to ensure guest parking remains available for and is used by guests. The CC &R's shall contain enforceable restrictions to ensure guest parking remains available for and is used by guests. The CC &R's shall also contain enforceable restrictions that prohibit parking in fire access areas. 10. In conjunction with the operation of the project, the property owner shall be responsible to maintain the property to a level deemed adequate by the Community Development Director or their designee. This includes, but is not limited to, the buildings, carports, landscape on -site, recreational facilities, trash areas, signage, utilities, property walls, and gates. Any graffiti on the property shall be removed within 72 hours from the time the City of Orange Notice of Violation is received by the applicant/property owner. Reso. No. 10985 9 11. 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. 12. These conditions shall be reprinted on the second page of the construction documents when submitted to the Building Division for the plan check process. 13. Prior to building permit issuance, the applicant shall prepare a final landscaping and irrigation plan consistent with the grading plans, site plans, and the conceptual landscaping plan as proposed for the project for the review and approval of the Sr. Landscape Project Coordinator and Director of Community Services. 14. Indications for stamped asphalt on the landscape plan shall be changed to stamped concrete. 15. Sheet A5.4 supersedes A3.2 for the size and placement of the windows where privacy concerns occur on the north elevation of Building C in the architectural plans. 16. The tree quantities shown on Sheet L.1 shall be corrected to match modified tree counts. 17. Details showing the window trim on AD 1.1 should be corrected to show the extra trim piece surrounding openings as shown in renderings of the project. 18. In addition to the above conditions, Applicant shall comply with the procedural requirements contained in Attachment B to this resolution. ADOPTED this 9th day of November 2016. ATTEST: C Z e (A — Tereka E. Smith, Mayor, City of Orange 4 Mary E. M y, y Clerk, City range Reso. No. 10985 10 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 9th day of November 2016, by the following vote: AYES:COUNCILMEMBERS: NOES:COUNCILMEMBERS: ABSENT:COUNCILMEMBERS: ABSTAIN:COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy, Nichols None None None Mary E. , City Clerk, C f Orange Reso. No. 10985 ATTACHMENT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE LAND ALLOTTED TO JOSEPH YORBA DE SMYTHE, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO GE SANTA ANA, IN THE CITY OF ORANGE, COUNTY OF ORANGE, WHICH WAS ENTERED SEPTEMBER 12, 1868 IN BOOK "B ", PAGE 410 OF JUDGMENTS OF THE DISTRICT COURT OF THE 17 JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT A BOLT IN THE CENTER LINE OF ANAHEIM -OLIVE ROAD DESIGNATED STATION NO. 159 T 45.22 ON A MAP TILED IN BOOK 49, PAGE 38 OF RECORD OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 39 WEST 59.05 FEET; THENCE SOUTH 83 WEST 35.62 FEET TO A POINT ON THE WEST LINE OF THE LAND DESCRIBED IN THE DEED TO C. AND W. LAND CO., RECORDED AUGUST 27, 1962 IN BOOK 6227, PAGE 18 OF OFFICIAL RECORDS; THENCE NORTH 60 56' 10" WEST 147.97 FEET ALONG SAID WEST LINE AND ALONG THE EAST LINE OF THE LAND DESCRIBED IN THE DEED TO ARTHUR ERNEST PAULUS AND WIFE RECORDED AUGUST 27, 1962 IN BOOK 6227, PAGE 17 OF OFFICIAL RECORDS, TO THE NORTHEAST CORNER OF SAID LAND OF ARTHUR ERNEST PAULUS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 6 0 56' 10" WEST 2.03 FEET: THENCE NORTH 81 15' 20" EAST 156.25 FEET TO A POINT ON A CURVE IN THE WESTERLY LINE OF LAND DESCRIBED AS PARCEL 104 IN DEED TO THE COUNTY OF ORANGE, RECORDED DECEMBER 4, 1962 IN BOOK 6347, PAGE 169 OF OFFICIAL RECORDS, CONCAVE EASTERLY HAVING A RADIUS OF 1250.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 88 00'02" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3 53' 15" A DISTANT OF 84.81 FEET; THENCE TANGENT TO SAID CURVE NORTH 10 53' 17" EAST 281.63 FEET TO THE NORTHWESTERLY LINE OF LAND DESCRIBED AS PARCEL 1 IN DEED TO THE G AND 2 LAND CO., RECORDED NOVEMBER 30, 1961 IN BOOK 5927, PAGE 408 OF OFFICIAL RECORDS; THENCE SOUTH 550 14'55" WEST 423.73 FEET TO THE MOST WESTERLY CORNER OF SAID LAND OF G AND W LAND CO.; THENCE SOUTH 39 04'35" EAST 204.89 FEET TO THE NORTHWEST CORNER OF SAID LAND OF ARTHUR ERNEST PAULUS; THENCE NORTH 81 15' 20" EAST 56.26 FEET TO THE TRUE POINT OF BEGINNING. APN 360- 031 -07 ATTACHMENT B PROCEDURAL REQUIREMENTS 1. All public infrastructures, including street sections, sidewalk, driveway apron, and utilities shall comply with City of Orange Standard Plans and Specifications. 2. All utility lines connecting from public street and easement to the project site, including power line and telecommunication line, shall be constructed underground. 3. All private way and private court within the condominium development shall conform to Engineering Standard Plan 108. 4. All driveway aprons shall meet current ADA sidewalk access requirements as per City of Orange Standard Plans and Specifications for Commercial Driveway Apron. 5. Any unused driveway approaches shall be restored with full height curb and gutter and sidewalk. 6. Repair any cracked, uneven, or damaged public sidewalk, curb and gutter along project frontage. 7. 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. 8. Coordinate with City's Tree Service Coordinator for street tree requirements. 9. Coordinate with City's Traffic Division for any street light requirements. 10. 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. 11. The contractor shall obtain a Grading Permit from Public Works Department prior to start of any site demolition, clearing and grubbing, and grading. 12. Show all sewer and storm drain lines on the Grading Plan for plan check review. Other utility lines, such as water lines, may also be shown on Grading Plan for reference. 13. Show all structural BMPs for water quality purpose on Grading Plan. Water quality features shown on the Grading Plan must match WQMP. 14. 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. 15. 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. All of the on -site water systems shall be privately owned and maintained. The applicant shall be responsible for the costs associated with the proposed improvements. 16. 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 follow the conditions. 17. Prior to the 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 as approved by the Water Division. 18. 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. 19. Plans submitted during plan check shall show that the water improvement plans are consistent with the City Water Division Standards and Specifications, 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. 20. The Water Division shall approve the type and location of all back flow prevention devices. 21. Prior to the issuance of a building permit the applicant shall independently verify the existing available pressure and flow conditions and design the various on -site systems to meet the site specific requirements. Fire flow and pressure test results are valid only when field tested by the appropriate fire authorities having jurisdiction. 22. 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. 23. Prior to building permit issuance, construction documents shall show that a six foot (6') minimum horizontal clearance and a one foot (1') 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. 24. Prior to building permit issuance, construction documents shall show that a minimum twenty -foot (20') separation will be maintained from the public water system facilities to the proposed /existing buildings and structures per the City of Orange Location Of Underground Utilities Standard and as approved by the Water Division. 25. Plans submitted during plan check shall show that an eight -foot (8') minimum clearance is provided between city water mains, and signs, trees or other substantial shrubs, bushes, or plants. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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 Routine Source and Structural Control BMPs as defined in the Drainage Area Management Plan (DAMP), 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. 31. Prior to the issuance of certificates for use of occupancy, the applicant shall demonstrate the following to the Public Works Department: a. That all structural and treatment control 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. 32. Prior to the issuance of certificates for use of occupancy or final signoff by the Public Works Department, the applicant shall demonstrate to the satisfaction of Public Works, that the preparer of the WQMP has reviewed the BMP maintenance requirements in Section V of the WQMP with the responsible person and that a copy of the WQMP has been provided to that person. A certification letter from the WQMP preparer may be used to satisfy this condition. 33. 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. 34. 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. 35. 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. 36. 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 structural storm water treatment Best Management Practices incorporated into the project. 37. Any grates used to capture runoff in the underground parking levels shall be connected to the sewer. 38. For those projects with Covenants, Conditions and Restrictions (CC &Rs): Prior to recordation of the final map, a copy of the project's CC &Rs shall be provided to the Public Works Department for review and approval that includes requirements for maintenance and funding of the project's structural and treatment water quality best management practices as approved by the City in the project's WQMP. 39. A Tentative Tract Map shall expire unless recorded within 24 months after tentative map approval (final City Council Resolution date) and prior to the sale or lease of any parcel, unless the tentative map is extended pursuant to Government Code Section 66452.6. 40. Codes, Covenants, and Restrictions (CC &R' S) shall be designed and approved by the City for the entire site and address specific responsibilities of the Homeowners Association HOA). A few specific areas include, but are not limited to: a. Any aspect that is zoning in nature shall be structured so they cannot be rescinded or modified without City concurrence. b. Maintenance responsibilities for any private drainage or water quality features c. Maintenance responsibilities for fuel modification areas d. Maintenance responsibilities for landscape areas, including parkway median roadway areas, arterial roadway landscaping, common slopes or native open space e. Identification of HOA community trail or bikeway systems that will be open to the general public through public pedestrian easements, and maintenance of these community trails and bikeways L Detailing enforcement options available to the City to ensure that maintenance is continuously undertaken for common slopes, drainage and water quality, fuel modification zones, trails that are open to the public or other zoning aspects g. Maintenance of any applicable private streets h. Maintenance of any applicable private recreation facilities i. Identification of common open space lots that will be owned or under the control of the HOA and maintenance for open space lots j. Ensure, in perpetuity, that private trails and bikeways open to the general public shall not be blocked through the construction of any fencing, gates or other devices that would limit or restrict access to the general public k. A method to distribute the cost of required maintenance in an equitable manner among the owners of eh dwelling units within the subdivision 1. Ownership and maintenance of common slope areas, including down drain and terrace drains 41. The CC &R's shall contain a provision that the Fire Chief can, at his discretion, require further street markings for fire lanes (including red curbing) if signage fails to keep fire lanes clear of vehicles or other obstructions.