Loading...
RES-10908 Tentative Tract Map ApprovalRESOLUTION NO. 10908 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING TENTATIVE TRACT MAP NO. 17758 (TTM 0033 -14), MAJOR SITE PLAN REVIEW NO. 0797 -14 AND DESIGN REVIEW NO. 4776 -14 FOR THE ORANGE -OLIVE RESIDENTIAL PROJECT APPLICANT: MBK HOMES 2025 ORANGE -OLIVE ROAD WHEREAS, an application was filed by MBK Homes (hereafter "Applicant ") requesting approvals and entitlements to allow construction of 25 detached single family condominium units hereafter, "project ") on the property addressed 2025 Orange -Olive Road (hereafter "project site ") in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, appropriate applications were filed by the Applicant in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, applications filed by the Applicant were processed in the time and manner prescribed by state and local law; and WHEREAS, Mitigated Negative Declaration (MND) No. 1837 -14 was prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) and concluded that the environmental impacts of the proposed Orange -Olive Residential Project would be less than significant with the incorporation of mitigation measures; and WHEREAS, MND No. 1837 -14 was circulated for public review and comment for at least 20 days as required by CEQA, with the comment period beginning August 28, 2015 and ending September 16, 2015; and WHEREAS, on August 19, 2015, the City departments reviewed the Orange -Olive Residential Project and recommended the applications proceed subject to certain conditions; and WHEREAS, on September 2, 2015, the City's Design Review Committee reviewed the Orange -Olive Residential Project and recommended approval subject to conditions; and WHEREAS, on October 5, 2015, the Planning Commission reviewed the Orange -Olive Residential Project at a noticed public hearing along with any public comments, and recommended approval subject to conditions; and WHEREAS, the City Council, considered the Orange -Olive Residential Project at a duly noticed public hearing held on November 10, 2015 including reviewing and considering the information presented in the staff report and MND No. 1837 -14 and having received public testimony on the item. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby approves Tentative Tract Map No. 17758 (TTM No. 0033 -14), Major Site Plan Review No. 0778 -14, and Design Review No. 4749 -14 to allow construction of 25 detached single family residential condominium units on the property addressed 2025 Orange -Olive Road, based on the following findings: SECTION 1 — FINDINGS Tentative Tract Map No. 17758 (TTM No. 0033 -14) The proposed division of land complies with all requirements of the Subdivision Map Act and Title 16, Subdivisions, of the Orange Municipal Code, and all other resolutions and ordinances of this City, including, but not limited to, requirements concerning area, improvements and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, public safety facilities and environmental protection. 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 paved site currently used for Recreational Vehicle storage. 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. Major Site Plan Review No. 0778 -14 1. The project design is compatible with surrounding development and neighborhoods. The project site is located in a transitional area of the City which contains a mix of single family and multifamily residential uses as well as commercial and industrial development. The proposed detached single family condominium product type (proposed at a density of 10.7 dwelling units per acre) is consistent with the density allowed by the General Plan (which allows for 6 to 15 dwelling units per acre on the site). The proposed density and the detached single family product type provide a transition between the traditional single family neighborhoods to the east of the site and the denser multifamily and apartment developments in the vicinity. Further, the two story building height, the careful placement of second story windows adjacent to other residential uses, and the high quality design and materials that are proposed also contribute to a project design that is compatible with the surrounding area. Therefore, the project meets this finding. 2. The project conforms to City development standards and any applicable special design guidelines or specific plan requirements. Resolution No. 10908 2 The project includes establishment of the Orange -Olive Residential Specific Plan, which establishes site specific development standards. With the approval of the subject Zone Change and the associated Specific Plan, the project will comply with applicable development standards. Therefore, the project meets this finding. There are no design guidelines applicable to the project. 3. The project provides for safe and adequate vehicular and pedestrian circulation, both on- and off -site. This issue was reviewed by the City's SMART committee and vehicular and pedestrian circulation, both on- and off -site, were found to be safe and adequate. The project proposes to take access from Orange -Olive Road via a relocated driveway, reconstructed to comply with City standards. The driveway connects to an internal private drive aisle that has been designed to provide for adequate circulation and turning movements for City emergency vehicles. In addition, five foot wide sidewalks are proposed on both sides of the private drive aisle to allow for an internal pedestrian movement as well as a pedestrian connection to the Orange -Olive Road sidewalk network. The design of the vehicular and pedestrian network for the site supports the goals and policies of the Circulation & Mobility Element of the General Plan which focus on achieving safe and comprehensive circulation that sustains quality of life in Orange neighborhoods Therefore, the project meets this finding. 4. City services are available and adequate to serve the project. This issue was reviewed by the City's SMART committee and City services were found to be sufficient to serve the project. The project is an infill development located on a site that is already developed for Recreational Vehicle storage in an area of the City that is essentially built out. As such, City services are already available in the area to serve the site. Therefore, the project meets this finding. S. The project has been designed to fully mitigate or substantially minimize adverse environmental effects. MND No. 1837 -14 analyzes the environmental impacts of the project and requires mitigation measures related to cultural resources (addressing the potential for undocumented buried resources to be unearthed during grading activities) and noise (requirement for sound - attenuated windows on the second floor of units fronting Orange -Olive Road). These mitigation measures reduce the environmental effects of the project to a less than significant level. Therefore, the project meets this finding. Design Review No. 4749 -14 1. In the Old Towne Historic District, the proposed work conforms to the prescriptive standards and design criteria referenced and /or recommended by the Design Review Committee or other reviewing body for the project. Resolution No. 10908 The Project is not located in 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. The Project is not is not located in a 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. The surrounding community is characterized by a mix of land use types and design styles with no specific architectural theme in the immediate vicinity of the site. The Fairmeadows Eichler Tract is two blocks southeast of the site and provides the most distinctive mid - century architectural theme for the larger surrounding neighborhood. The proposed design creates a unique style and a community feel by establishing a central drive aisle to the development with residential units clustered around common "motor court" areas. Each cluster of units incorporates four architectural style types, which relate to each other through the use of similar design elements and materials inspired by Irving Gill architecture. Sidewalks and landscaping along the central drive aisle create a streetscape scene that further supports the design. This approach creates a unifying theme for the site and results in a high quality, internally consistent design that is compatible with the eclectic mix of styles in the surrounding area. Further, the project involves establishment of a Specific Plan for the site which outlines site - specific development standards. The design complies with the standards outlined in the proposed Orange -Olive Specific Plan. Therefore, the project meets this finding. 4. For infill residential development, as specified in the City of Orange infill residential design guidelines, the new structures) or addition are compatible with the scale, massing, orientation, and articulation of the surrounding development and will preserve or enhance existing neighborhood character. The Project is not the type of infill residential development subject to the City of Orange Infill Residential Development Design Guidelines. Therefore, this finding does not apply. Resolution No. 10908 SECTION 2 - CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions shall be imposed with the approval: The project shall conform in substance and be maintained in general conformance with plans and exhibits labeled Exhibit A in the City Council staff report, including modifications required by the conditions of approval, as approved by the City Council. 2. The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents and employees from any and all liability or claims that may be brought against the City arising out of its approval of this permits, save and except that caused by the City's active negligence. The City shall promptly notify the applicant of any such claim, action, or proceedings and shall cooperate fully in the defense. 3. The applicant shall comply with all federal, state, and local laws, including all City regulations. Violation of any of those laws in connection with the use 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. 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. 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. 7. 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. Resolution No. 10908 The CC &R's shall contain enforceable restrictions prohibiting storage of trash bins on the private street and 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. 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 also contain enforceable restrictions that prohibit parking in fire access areas. 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. Any changes to the aforementioned CC &R's shall require written approval by the City Manager. 8. Prior to approval of the Final Map, the Final Tract Map shall dedicate to the City and its assigns, and the City shall approve the method and language of the dedication, the right to enter the private streets and driveways for the maintenance of public utilities (if any), emergency access, trash collection, and for any other reasons stated in the dedication mechanism. 9. Landscaping shall be maintained not to interfere with lighting or addressing. Landscaped areas shall be maintained in a neat and healthy condition. The property owner shall replace all dead plant material at the earliest time with similar plant material. 10. 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. 11. Prior to the issuance of building permits, security and design measures that employ Defensible Space concepts shall be utilized in 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. 12. 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. These numerals shall be illuminated during the hours of darkness. In addition, a Site Map may be required at the project entry, at the discretion of the Orange Police Department. 13. All project Mitigation Measures shall be are hereby incorporated as conditions of approval and shall be implemented as described in MND No. 1837 -14 and its associated Mitigation Monitoring Report. Resolution No. 10908 6 Planning Commission Conditions 14. When final landscape plans return to the Design Review Committee (DRC) for approval as required by the DRC's conditions, the landscape plan shall include additional trees along the project site's interface with adjacent single family residential properties to the north and east. Trees along this interface shall be 24" box minimum at the time of installation. The DRC shall require a landscape design (including tree species, number and location) that buffers the adjacent single family residences, softens the silhouette of the proposed buildings, shields windows, and breaks up the mass of the proposed building. In addition, trees and landscape material shall be maintained by the property owner in perpetuity in a neat and healthy condition. Dead trees and landscape material shall be replaced by the property owner with a similar plant material at the earliest feasible time. Design Review Committee Conditions 15. Detailed landscape plans showing the location and spacing of proposed plant species shall be reviewed and approved by the DRC prior to issuance of building permits. The detailed landscape plan shall be consistent with the layout and conceptual plant palette contained in the DRC plan set. 16. Prior to issuance of building permits, plan corrections shall be made as follows: The note on Sheet L -5 indicating a transformer is to be located along the Orange -Olive Road frontage (north of the project driveway) shall be deleted from the plans. Incorrect data in the site information summary on Sheet Al.1 shall be corrected to match the plans and proposed Specific Plan. The legend on Sheet L -3 shall be corrected to reflect a 6' maximum wall and fence height consistent with the development standards in the proposed Specific Plan. 17. Prior to building plan check submittal, the Applicant shall add the landscape drawing to the plan sheet index. 18. Prior to building plan check submittal, the Applicant shall provide floor plans and elevations for Plan 1 CX and 1 BX and detail the treatment around the entries. 19. Prior to building plan check submittal, the Applicant shall indicate on the plans where the special glazing required by the Mitigated Negative Declaration for sound attenuation occurs. 20. Prior to building plan check submittal, on the upper floor adjacency study on Sheet A1.3.0, the Applicant shall revise the plans to indicate Plan 3A in the northeast corner shall use the alternate plan and Plan 3B in the southeast corner shall use the alternate plan. 21. Prior to building plan check submittal, the Applicant shall clarify on the plans the location and design of the trellis to be used on the Plan 1's. Resolution No. 10908 22. Prior to building plan check submittal, the Applicant shall revise the plans to use the Plan 1 standard window configuration for Plan 1 BXR at the east end of the property. 23. Prior to building plan check submittal for Plan 2D, just north of Plan 1 BXR at section line BB, revise the plans to use two 30x50 windows instead of one large window as shown. 24. Prior to building plan check submittal, the Applicant shall revise the plans to clarify use of solid siding without the imitation wood grain where horizontal siding is called out on the drawings. 25. Prior to building plan check submittal, the Applicant shall revise the plans to switch color Scheme No. 6 with color Scheme No. 4. 26. Prior to building plan check issuance, if the applicant wishes to modify the color schemes after considering them further, bring back the new revised color scheme to the Design Review Committee with the landscape plans. 27. Prior to building plan check submittal, revise the plans to show use of a flat stucco cap on the three foot six inch walls rather than the rounded cap top shown in the illustration. 28. Prior to building plan check submittal, on Sheet L -2, revise the plans to show that the scoring patterns shall coordinate to a fine point. 29. Prior to building plan check submittal, analyze the curbing types and revise the plans to use rolled curbs where available. 30. Prior to building plan check submittal, on Sheet L -3, revise the plans to switch the Liquidambar shown with a Tristania. 31. Prior to building plan check submittal, revise the plans to show that the pathways for moving the trash cans do not have to be in the center of the space if a better location is found. 32. Prior to building plan check issuance, bring back a lighting plan with the landscape plan to the Design Review Committee. 33. Prior to building plan check submittal, revise the plans to show how the entry sign is illuminated on the lighting plans. 34. Prior to building plan check submittal, revise the plans to show that all landscaping lighting fixtures are to be frosted. Resolution No. 10908 8 In addition to the above conditions, procedural conditions contained in Attachment A to this Resolution are approved and imposed by the City Council. ADOPTED this l 01h day of November, 2015. Teiesa E. Smith, Mayor, City of Orange ATTEST: Mary E. M City Clerk, City f Or nge 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 10 day of November 2015, by the following vote: AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy, Nichols NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Mary E. ity Clerk, City o ge Resolution No. 10908 Attachment A Procedural conditions recommended to the City Council: Automatic Timing: 1. The applicant, in coordination with the contractor, shall ensure that grading and construction activities comply with the following requirements: a. All construction vehicles or equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers; b. All operations shall comply with City ordinances with respect to hours of construction activity to minimize noise impacts; c. During construction, best efforts shall be made to locate stockpiling and/or vehicle staging areas as far as practicable from surrounding residences. Prior to Submittal of Building Plans in Plan Check: 2. 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. Plans shall comply with the Fire Master Plan and Fire access and visibility restrictions. At the fire turn around, vertical clearance of 13' -6" shall be maintained and tree canopies shall not impede required turning radius. 3. Plans submitted for Building Plan Check shall comply with O.M.C. 15.32.400 Section 903.3.5.3 — hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity. The capacity shall be calculated using a combination of the following criteria: The lower of the following: a. The lowest water supply capacity determined by the water purveyor serving the closest fire hydrant serving the address in the last consecutive three years. b. The lowest water supply flow test conducted in accordance with National Fire Protection Association (NFPA) within the last 12 calendar months. Subtraction of the head pressure of the tallest tank supplying water to the fire hydrant flowing water, assuming the tank is full at the time of the test and empty at the time of fire sprinkler activation. 4. Add a signature block to the Tentative Tract Map sheet for City Engineer signature. Prior to submittal of plans for building plancheck, the City Engineer shall sign the plan to indicate approval of the private drive aisle cross section. Resolution No. 10908 10 5. All utility lines from the public street and street easement, including power line and telecommunication line, shall be constructed underground. The utility plan shall be revised to show the proposed underground lines. 6. Revise the utility plan to show installation of street light standards and the associated power pedestal along Orange -Olive Road per City Standards. A separate lighting plan shall be submitted for onsite lighting showing standards, electrical connections, fixtures and photometrics that meet City lighting standards. 7. Plans submitted during plan check shall show that the water improvement plans are consistent with the fire suppression plans and or fire master plan. The applicant's consultant preparing the water improvement plans shall coordinate their plans with the consultant preparing the fire suppression plans and or fire master plan so that their designs concur. 8. Plans submitted during plan check shall show that a minimum twenty -foot separation will be maintained from the public water system facilities to the proposed /existing buildings and structures per the location of underground utilities public works standard number 102. 9. Plans submitted during plan check shall show that the installation of sewer mains in the vicinity of water mains is done per the water division standard number 113. 10. Plans submitted during plan check shall show that a six foot minimum horizontal clearance and a one foot minimum vertical clearance would be maintained between city water mains, laterals, services, meters, fire hydrants and all other utilities except sewer. 11. Plans submitted during plan check shall show that an eight -foot minimum clearance is provided between city water mains, and signs, trees or other substantial shrubs, bushes, or plants. 12. Plans submitted during plan check shall show that the minimum separation requirements are met and that each of the various designer's plan sets match. The applicant's consultant preparing the improvement and utility plans shall coordinate their plans with the consultants preparing the landscape, architectural, surface water quality, fire master and or fire suppression plans so that their designs are consistent. 13. Plans submitted during plan check shall show that permanent signs, awnings, surface water quality features such as but not limited to infiltration planters, basins, pervious paving structures or other structures are not installed over the city's water facilities including mains, meters, back flow prevention devices and fire hydrants. Prior to issuance of Grading Permits: 14. Show all sewer and storm drain lines on the Grading Plan. Other utility lines, such as water lines, should also be shown on Grading Plan for reference. Resolution No. 10908 11 15. Show all structural BMPs for water quality purpose on the Site Plan and Grading Plan. Water quality features shown on the Grading Plan must match the WQMP. 16. The Final WQMP must be approved prior to issuance of grading permits. 17. 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. Prior to Building Permit Issuance: 18. The setback between the building and property line shall comply with Table 602 and 705.8 of the Building Code. Compliance with Building Code provisions is required prior to issuance of building permits. 19. Effective January 1, 2014, all building design and building plans shall be based on the 2013 CBC, CRC, CMC, CEC, CPC, CGBC and California Energy Code. In accordance with the 2013 California Energy Code, all the new construction must comply with "HERS" rating requirement. In addition, soil and structural reports are required for new construction and fire sprinklers are required on new residential construction projects. Compliance with Code provisions is required prior to issuance of building permits. 20. Prior to the issuance of building permits, City required irrigation and landscape inspection notes shall be placed on the final landscape plan, to the satisfaction of the Community Services Director. 21. Prior to the issuance of building permits, 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. 22. 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. 23. Prior to building permit issuance the final landscape plan shall be reviewed and approved by the Public Works Director when landscaping is proposed within the public right -of -way and/or the project is constructing Storm Water Quality Best Management Practices in landscaped areas. Resolution No. 10908 12 24. Prior to the issuance of a building permit, the applicant shall submit a water improvement plan to the Water Division for new 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 applicant shall be responsible for the costs associated with the proposed improvements. Prior to submitting a water improvement plan, the applicant shall independently verify the existing water pressure and flow conditions and design the on -site systems to meet the site specific requirements. The on -site systems shall be privately owned and maintained. The applicant shall be responsible for the costs associated with public water infrastructure improvements necessitated by the proposal. 25. Prior to the issuance of a building permit, the applicant shall be responsible for the installation/relocation of the proposed /existing public water system appurtenances as necessitated by the proposal to a location and of a design as approved by the water division. 26. Prior to building permit issuance, the water division shall approve the type and location of the back flow prevention devices for all city services. Prior to Water Improvement Plan Approval: 27. 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. Prior to Work in the Public Right -of -Way: 28. Prior to the initiation of any work in or over the public right -of -way, an Encroachment Permit(s) shall be obtained. Construction includes work on sidewalks, driveways, and utility laterals. 29. All public infrastructure, including street sections, sidewalk, driveway apron, and utilities shall comply with City of Orange Standard Plans and Specifications. The proposed sidewalk ramps shall be designed and constructed per City of Orange Engineering Standard Plan 121. The driveway entrance shall conform to City Engineering Standard Plans & Specifications Standard Plan 108). Sewer laterals and connections shall comply with Public Works Standard Plans 206 and 207. 30. Submit a street tree plan to Public Works Department for review and approval by the City's Tree Service Coordinator. Prior to Approval of the Final Map: 31. 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. Resolution No. 10908 13 Prior to Demolition or Construction: 32. The applicant shall submit a grading plan in compliance with City standards for review and approval by the Public Works Director, prior to building permit issuance and prior to start of any demolition, clearing and grubbing, and grading, whichever is first. A Geotechnical Report shall also be submitted. The Grading Plan shall include phased Erosion and Sediment Control Plans and any Site Demolition Plan, if required. All grading and improvements on the subject property shall be made in accordance with the Manual of Grading and Standard Plans and Specifications to the satisfaction of the Public Works Director. 33. Rough grading shall be completed to the satisfaction of the City Engineer /Public Works Director and the graded site shall be released by the City Engineer /Public Works Director for construction. 34. That a minimum of fourteen - calendar days prior 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. 35. Certification shall be filed with the City of Orange Public Works that all final grading is in compliance with the approved grading plan and City standards, to the satisfaction of the Public Works Director. 36. A minimum of fourteen - calendar days prior construction, the applicant's civil engineer 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. Prior to Final Inspection: 37. Certification from the Landscape Architect of record shall be filed that final landscaping was completed in compliance with approved landscape and irrigation plan. City of Orange Staff shall inspect and approve the landscape prior to release. 38. Any unused driveway approaches shall be restored with full height curb and gutter and sidewalk. Repair any cracked, uneven, or damaged public sidewalk, curb and gutter along project frontage. Prior to Issuance of a Certificate of Occupancy: 39. Prior to the issuance of a Certificate of Occupancy and /or completion of a final inspection of any dwelling unit, a homeowner's association shall be formed. The association shall be responsible for the maintenance of all common areas, private utilities, and sanitary sewer system. Resolution No. 10908 14 40. Prior to Certificate of Occupancy, all improvements shall be completed according to the approved plans and to the satisfaction of the Community Development Director. 41. Prior to the issuance of certificates for use of occupancy, the applicant shall demonstrate the following to the Public Works Department: 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, That the applicant is prepared to implement all non - structural BMPs described in the Project WQMP, That an adequate number of copies of the project's approved final Project WQMP are available for the future occupiers. 42. Prior to the issuance of certificates for use of occupancy, 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. 43. 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. 44. All hot taps required on existing city mains to provide water service to any lot, parcel or subdivision shall be performed by city crews at the developer's expense in accordance with the fee schedule established by resolution of the city council. The following code provisions are applicable to this project, and are included for information only. This is not a complete list of requirements, and other code provisions may apply to the project. Prior to issuance of building permits, the applicant shall pay all applicable development fees, including but not limited to: City sewer connection, sewer frontage fee, Orange County Sanitation District Connection Fee, Transportation System Improvement Program, Fire Facility, Police Facility, Library Facility, Park Acquisition, Sanitation District, and School District, as required. 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 will be cause for revocation of the project approval. In conjunction with construction, pursuant to OMC Section 8.24 Noise Control, 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. Building design shall comply with OMC Section 15.52, Building Security Ordinance. 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 at the property line. These conditions shall be reprinted on the first page of the construction documents when submitting to the Building Department for the plan check process. Resolution No. 10908 15