RES-10570 Conditional Use Permit ApprovalRESOLUTION NO. 10570
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING CONDITIONAL
USE PERMIT 2790 -10, MAJOR SITE PLAN 0630 -10,
DESIGN REVIEW COMMITTEE 4483 -10 AND TWO
CONCESSIONS IN ASSOCIATION WITH A
DENSITY BONUS HOUSING AGREEMENT TO
ALLOW FOR THE CONSTRUCTION OF 41 SENIOR
AFFORDABLE HOUSING UNITS AND 1
MANAGER'S UNIT LOCATED AT 184 NORTH
PROSPECT AVENUE.
APPLICANT: URBAN PACIFIC MULTI HOUSING
WHEREAS, Conditional Use Permit 2790 -10, Major Site Plan 0630 -10, Design
Review Committee 4483 -10 and two Concessions in association with a Density Bonus
Housing Agreement were filed by Urban Pacific Multi Housing in accordance with the
provisions of the City of Orange Municipal Code; and
WHEREAS, Conditional Use Permit 2790 -10, Major Site Plan 0630 -10, Design
Review Committee 4483 -10 and two Concessions in association with a Density Bonus
Housing Agreement were processed in the time and manner prescribed by state and local
law; and
WHEREAS, on September 22, 2010 the Staff Review Committee reviewed
Conditional Use Permit 2790 -10, Major Site Plan 0630 -10, Design Review Committee 4483-
10 and two Concessions in association with a Density Bonus Housing Agreement and
recommended that the application proceed; and
WHEREAS, on October 20, 2010, the Design Review Committee reviewed
Conditional Use Permit 2790 -10, Major Site Plan 0630 -10, Design Review Committee 4483-
10 and two Concessions in association with a Density Bonus Housing Agreement and
recommended that the application proceed; and
WHEREAS, the Planning Commission conducted one duly advertised public hearing
on November 15, 2010 for the purpose of considering Conditional Use Permit 2790 -10,
Major Site Plan 0630 -10, Design Review Committee 4483 -10 and two Concessions in
association with a Density Bonus Housing Agreement for the property located at 184 North
Prospect Avenue.
WHEREAS, the City Council conducted one duly advertised public hearing on
March 22, 2011 for the purpose of considering Conditional Use Permit 2790 -10, Major Site
Plan 0630 -10, Design Review Committee 4483 -10 and two Concessions in association with a
Density Bonus Housing Agreement for the property located at 184 North Prospect Avenue
and took action to deny without prejudice and directed that the applicant could redesign and
return the project to the City Council.
WHEREAS, on June 1, 2011 the Staff Review Committee reviewed the revised plan
for Conditional Use Permit 2790 -10, Major Site Plan 0630 -10, Design Review Committee
4483 -10 and two Concessions in association with a Density Bonus Housing Agreement and
recommended that the application proceed; and
WHEREAS, the City Council conducted one duly advertised public hearing on July
12, 2011 for the purpose of considering the revised plans for Conditional Use Permit 2790-
10, Major Site Plan 0630 -10, Design Review Committee 4483 -10 and two Concessions in
association with a Density Bonus Housing Agreement for the property located at 184 North
Prospect Avenue.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Orange hereby approves Conditional Use Permit 2790 -10, Major Site Plan 0630 -10, Design
Review Committee 4483 -10 and two Concessions in association with a Density Bonus
Housing Agreement to allow the construction of 41 senior affordable housing units and one
manager's unit located at 184 North Prospect Avenue, based on the following findings:
SECTION 1 — FINDINGS
1. The project must be consistent with the goals and policies stated within the City's
General Plan.
The applicant is requesting to construct 42 senior housing units, which is consistent
with the goals and policies stated within the General Plan. There are currently
affordable apartments to the north and south of the proposed site and also other multi-
family units to the east.
The proposed project is consistent with the City's efforts to support infill
development around mixed use areas (Growth Management Goal 1.0, Policy 1.8) and
provide a mix of housing types for its diverse residential population (Land Use
Element Goal 1.0 & Policy 1.3; Housing Element Goals 2.0, 3.0 & 5.0). It also
improves the pedestrian- orientation compared to the existing use (Land Use Element
Goal 6.0 & Policy 6.8; Circulation and Mobility Element Goal 6.0 & Policy 6.3;
Noise Element Goal 1.0 & Policy 1.3; Urban Design Element Goals 1.0 & 1.3).
Since the project has a Floor Area Ratio of 0.74, the project is consistent with the
General Plan land use designation which allows a maximum 1.0 FAR.
2. The project must be consistent with the development standards stated within the
City's Zoning Ordinance.
The Zoning designation for the property is Limited Business (C -1), which permits
senior housing projects through a Conditional Use Permit; however, OMC Section
17.18.090.13 requires that those projects follow the Multi- family Residential (R -3)
zoning (OMC Chapter 17.14) requirements for the site development standards. OMC
Chapter 17.14 allows projects that provide senior housing to apply for a density
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bonus and concessions or waivers to those site development standards as described in
OMC Chapter 17.15. Although, the applicant does not need the density bonus, the
applicant is requesting two concessions from the development standards, as listed
below:
Concessions:
1. Landscape (setbacks and tree size).
2. Parking ratios.
3. A Conditional Use Permit shall be granted upon sound principles of land use and in
response to services required by the community.
The granting of this Conditional Use Permit would be based upon sound principles of
land use and in response to services required by the community. The addition of very
low and low - income units would provide necessary affordable housing for the City of
Orange. The General Plan Housing Element lists the median income in the year 2000
for families as $68,300; however, 49% of senior citizen households earned less than
35,000, which put them in the extremely low and very low income categories. Just
over 30% of the seniors earned $35,000 to $75,000, which is within the low and
moderate income categories.
There are currently affordable apartments to the north and south of the subject
property. Additional multi - family housing is located to the west and
commercial /retail, anchored by a grocery store, to the east. The proposed affordable
senior housing project would be an appropriate land use addition to the
neighborhood.
4. 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.
The project would demolish the 2 existing single -story buildings which are boarded
up, have overgrown weeds, and are currently vandalized with graffiti. The addition
of the affordable senior housing project would improve the neighborhood by adding a
new building and landscaping to the front yard, facing Prospect Avenue. The
property maintenance company would be responsible for ensuring that the site is well
kept and maintained to a level deemed adequate by the Community Development and
Community Services Departments (Condition 7).
5. 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.
There is no formally adopted community or neighborhood plan for this area in the
City of Orange. The site plan and design of the apartment buildings have been
reviewed by the Staff Review and Design Review Committees to ensure that the
proposed project is compatible with the neighborhood and complies with the current
City, Building, and Fire Codes.
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6. A Conditional Use Permit, if granted, shall be made subject to those conditions
necessary to preserve the general welfare, not the individual welfare of any
particular applicant.
The proposed project would preserve and support the general welfare of the
community because it would add a total of 41 very low and low- income units to the
City's housing stock. Condition 1 has been placed on the property to ensure that the
apartments remain affordable for a period of 55 years to persons age 62 and older.
Conditions 3 through 5 require reporting and monitoring of the monthly rents and
incomes of the persons renting the affordable units. Condition 7 requires that the
property management company be responsible to maintain the property to a level
deemed adequate by the Community Development and Community Services
Departments.
7. 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.
The site plan conforms to the City Development Standards of the Multi- family
Residential (R -3) zone including: lot area, FAR, frontage, lot depth, setbacks,
building height, distance between structures, common open space, recreational
amenities, fencing, utilities, and trash enclosures.
The plan does not comply with the R -3 Development Standards for landscaping and
parking; however, these items are requested as two concessions for constructing
affordable senior housing under OMC Section 17.15.
8. Major Site Plan approval shall be granted if the project provides for safe and
adequate vehicular and pedestrian circulation, both on- and off -site.
The site plan (Exhibit B) provides for the required 25' drive aisle width for vehicular
circulation from the public right -of -way to each of the semi subterranean parking on-
site. Pedestrians access the property from the public right -of -way, up a designated
staircase to main entrance gates of the development.
9. Major Site Plan approval shall be granted if City services are available and adequate
to serve the project.
The City of Orange Fire Department, Police Department, and Public Works
Department have stated that they have adequate facilities to provide services for the
proposed project. In addition to the recreational amenities that are provided on -site,
the applicant plans to pay the park in -lieu fees to off -set the estimated 50- person
increase on population.
10. Major Site Plan approval shall be granted if the project has been designed to fully
mitigate or substantially minimize adverse environmental effects.
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The project is considered Categorically Exempt from the California Environmental
Quality Act (Section 15194) and City of Orange Local Guidelines under the
Affordable Housing Exemption. It was determined that there are no potentially
significant environmental impacts as a result of the proposed project. A full
discussion of the exemption is included as Attachment 4 of the Staff Report.
11. Concessions /incentives or waivers /reductions shall not be granted if the City makes
the following finding: The application for concessions /incentives or
waivers /reductions fails to meet the threshold requirements of the definition of
concessions and incentives set forth in Section 17.15.020, in particular, that they do
not result in identifiable, financially sufficient, and actual cost reduction for the
housing development.
Concessions:
A. Landscape (setbacks and tree size). OMC Section 16.50 incorporates by
reference the City's Landscape Standards and Specifications. The Landscape
specifications require all front, side, and rear yard setbacks of buildings to be
landscaped. The applicant is proposing to landscape only a portion of the
setbacks. In the front yard, landscaping is reduced to accommodate a loading
zone /drop off area, stairs, signage, and trash bin staging area. Within both side
yards, landscaping is reduced to accommodate sidewalks at the garage level.
The rear setback is fully landscaped with groundcover and trees.
Orange Municipal Code Section 17.18.160 requires the project to install 57
trees, of which a minimum of 25% shall be 24" box and maximum of 75%
shall be 15 gallon containers. The applicant is proposing to install 64 trees; of
which 14 would be 24" box trees (22 %) and 50 would be 15 gallon trees
78 %). The proposal complies with the tree count; however, not the size
requirement.
If landscaping had to be provided per Code requirements, an estimated loss of
9 apartments would result; therefore, requiring an additional subsidy gap of
2,471,000. Therefore the landscape concession is merited.
B. Parking ratios. The applicant is required to provide 42 parking spaces in
accordance with the Density Bonus Ordinance, OMC Section 17.15.050. The
applicant is providing 54 parking spaces. The 54 parking spaces are fewer than
the 80 parking spaces that would normally be required for market rate housing
pursuant to OMC Section 17.34.060. In order to qualify under the code to
provide only 54 parking spaces, a concession must be justified and approved.
Hence, if the applicant were unable to justify a reduction of the required
parking spaces, a deficit of 26 spaces would result and the project would not
comply with Code. Information has been submitted indicating that the
concession is merited because providing 26 additional spaces would result in a
loss of area equivalent to 11 units and an additional gap subsidy of $2,997,000.
These concessions do result in identifiable, financially sufficient, and actual cost
reductions for the housing development.
12. Concessions /incentives or waivers /reductions shall not be granted if the City makes
the following finding: The concessions /incentives or waivers /reductions are not
required in order to provide for affordable housing costs or for affordable rents for
the lower income density bonus units proposed by the applicant.
The incentives and concessions are required to provide for the affordable housing
units. Without the concessions there would be a loss of up to 11 units, which is 26%
of the project. It would also require an additional gap subsidy of up to $2,997,000.
13. Concessions /incentives or waivers /reductions shall not be granted if the City makes
the following finding: The concessions /incentives or waivers /reductions would have a
specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section
65589.5 of the Government Code, upon public health, safety or the physical
environment for which there is no feasible method to satisfactorily mitigate or avoid
the specific adverse impact without rendering the housing development unaffordable
to low- and moderate- income households.
The concession to reduce landscaping and parking would not have an adverse impact
upon public health, safety or the physical environment. There is landscape proposed
in each of the setbacks; however, the amount proposed has been reduced. The
parking count complies with the number of spaces required in the Density Bonus
Ordinance; however, it does not comply with the amount required for a market rate
development. Private storage is not required to ensure public health, safety, nor the
well being of the physical environment for the residences. If it were installed in the
garage as previously proposed, it may attract crime, which may be detrimental to
safety.
14. Concessions /incentives or waivers /reductions shall not be granted if the City makes
the following finding: The concessions /incentives or waivers /reductions would have
an adverse impact on any real property that is listed in the California Register of
Historical Resources.
The site is not listed on the California Register of Historical Resources, nor is it
presumed to be historically or culturally significant. The City of Orange does have
parcels listed on the National Register of Historic Places and Old Towne Historic
District; however, the subject property is not listed on either database.
15. Concessions /incentives or waivers /reductions shall not be granted if the City makes
the following finding: The concessions /incentives or waivers /reductions would have
an adverse effect on any real property that qualifies for inclusion in a local, state or
federal listing of historically significant resources. An adverse effect is found when a
project eligible for a density bonus may alter, directly or indirectly, any of the
characteristics of any real property that qualifies for inclusion in a local, state or
federal listing of historically significant resources in a manner that would diminish
the integrity of the property's location, design, setting, materials, workmanship,
feeling, or association.
The property does not qualify for inclusion in a local, state, or federal listing of
historically significant resources. The property has two vacant single story buildings
that are boarded up. They do not have features that would be deemed historically
significant, nor are the buildings listed on the National Register of Historic Places,
California Register of Historical Resources, for the local Old Towne Historic District.
There are also no local, state, or federal listings of historically significant structures
adjacent to the subject property.
16. In the Old Town 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.
The project is not listed within the Old Town Historic District; therefore, this finding
does not apply.
17. In any National Register Historic District, the proposed work complies with the
Secretary of the Interior's standards and guidelines.
The project is not listed within the National Register for Historic Districts; therefore,
this finding does not apply.
18. 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 design of the proposed project is simple with variations in wall planes and roof
forms. There are simple vinyl windows, Spanish -style scuppers, archways, and hip
and gable shaped roofs with Spanish tile, which creates an internally consistent and
integrated design theme. The Design Review Committee complimented the
simplicity of the design and the integration of the forms into the building. There are
no adopted specific plans in this area.
19. 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 Infill Residential Design Guidelines apply to small subdivisions (4 or fewer lots),
new single - family residences, new accessory dwelling units, second story additions,
and single -story additions that result in an increase of 50% or more of the floor area
of the primary residential structure. Therefore, the Guidelines do not apply to this
project.
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Although, the guidelines do not apply, the design is compatible in scale, massing and
orientation to the adjacent properties. It is very similar to the building directly to the
south, which has a semi subterranean garage with two floors of apartments above. It
also complies with the building height limits and setbacks. The main entrance is
oriented toward Prospect Avenue, with driveways, pedestrian access, and
landscaping. The proposed building is simple in design, which is similar to the
adjacent apartments on the block to the north and south.
SECTION 2 — ENVIRONMENTAL REVIEW
The proposed project is exempt from the California Environmental Quality Act (CEQA)
under Section 15194, because it provides Affordable Housing and meets the required criteria
as discussed in Attachment 4 of the Staff Report.
SECTION 3— CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed with the
approval:
1. Prior to the issuance of Certificate of Occupancy, a deed restriction shall be placed on the
property for a period of 55 years to ensure that forty -one (41) of the housing units would
be rented to persons age 62 or older and those who qualify for very low (5 units), and low
income housing (36 units). The restriction shall be binding to all future owners and
successors in interest for the 55 -year period. Proof of the deed restriction shall be
provided to the Community Development Department and the Economic Development
Department.
2. The 42 unit shall be for the use of the subject complex's manager.
3. An annual report shall be submitted to the Economic Development Department on the
anniversary of the Occupancy Permit that lists the name, address, income of each person
occupying each affordable unit, the bedroom size, and monthly rent or cost of each
affordable unit.
4. Prior to the issuance of an Occupancy Permit, the maximum rent schedule shall be
submitted to the City Community Development and Economic Development
Departments. The maximum rent schedule shall be updated annually on the anniversary
date of the certificate of occupancy and resubmitted to the Community Development
Department for review.
5. Prior to the issuance of an Occupancy Permit, the City Community Development and
Economic Development Departments shall review and approve a monitoring program
that specifies the party responsible for certifying tenant incomes and rent levels or sales
price, maintaining the required number of affordable units and each affordable unit's
property, and marketing and filling unit vacancies.
6. First priority for the affordable units shall be given to eligible persons and families, who
reside, work, go to school or have family in the City of Orange.
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7. The property management company shall be responsible to maintain the property to a
level deemed adequate by the Community Development and Community Services
Departments. This includes, but is not limited to the buildings, landscape, on -site
recreational facilities, trash areas, signage, utilities, property walls, and gates.
8. Prior to the issuance of a Certificate of Occupancy, the development shall construct a
minimum of 54 automobile parking spaces, 1 bicycle rack, and 50 SF of motorcycle
parking as shown in the approved plans.
9. Prior and as a condition precedent to consideration of Conditional Use Permit 2790 -10,
Major Site Plan 0630 -10, and Design Review Committee 4483 -10 by the City Council,
the applicant or developer shall have reached agreement with the City Attorney and the
Director of Community Development as to the form and content of a Density Bonus
Housing Agreement pursuant to OMC Section "17.15.070 Density Bonus Housing
Agreement ".
10. Obtain an approved Grading Plan and Grading Permit prior to the start of construction,
demolition, clearing and grubbing, and grading. The Grading Plan shall be consistent
with the Water Quality Management Plan and shall show locations of all water quality
treatment facilities. All Water Quality BMPs shall also match designs shown on the
Landscape, Grading, and Site Plans.
11. Prior to the issuance of Building Permits, the Landscape and Irrigation plans shall
comply with the City of Orange Water Efficient Landscape Guidelines.
12. Prior to the issuance of Building Permits, obtain a Tree Removal Permit from the
Community Services Department in accordance with OMC Section 12.32.
13. Prior to the issuance of a Grading Permit, plans shall show that all indoor drainage shall
be connected to the sanitation sewer system. Only exterior drainage can be designed as
storm drains. Exterior storm water shall not be directed into subterranean indoor garage.
14. Prior to the issuance of a Grading Permit, plans shall show that the courtyard floor shall
have positive drainage. Drainage patterns and drain inlets shall be shown on the grading
plans.
15. Prior to the issuance of a Grading Permit, plans shall show that the driveway aprons shall
be commercial type per City Standard Plan 115 and the width shall match the approved
width of the parking lot drive aisle, which is 25 feet.
16. Prior to the issuance of a Certificate of Occupancy, all public infrastructure including
street sections, sidewalk, driveway apron, and utilities shall comply with City of Orange
Standard Plans and Specifications.
17. Prior to the issuance of a Grading Permit (include grubbing, clearing, surface mining or
paving permits as appropriate) the applicant shall demonstrate that coverage has been
obtained under California's General Permit for Stormwater Discharges Associated with
Construction Activity (General 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.
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18. Prior to the issuance of Certificate of Occupancy, the demolished and unused driveways
shall be restored to the full curb height as required by the Public Works Department.
New driveways curb cuts shall comply with City Standard Plan 117.
19. Prior to the issuance of a Building Permit, the trash enclosures shall be designed in
accordance to City Public Works Standard Plans 408 and 409.
20. Trash and recycling shall be picked up by the solid waste collector at least three times per
week at the issuance of Certificate of Occupancy and until the development has been
100% occupied for one year. After the development has been 100% occupied for one
year, trash pick up may be reduced as needed.
21. Prior to issuance of a Building Permit, a photometric study for the property and garage
shall be approved by the Police Department.
22. Prior to the issuance of Certificate of Occupancy, all signs shall comply with OMC
Section 17.36.
23. Prior to issuance of a Building Permit, palm trees show on the landscape plans shall have
a minimum brown trunk height (BTH) of 12'.
24. All structures shall comply with the requirements of Municipal Code — Chapter 15.52
Building Security Standards), which relates to hardware, doors, windows, lighting, etc.
Ord. 7 -79). Approved structural drawings shall include sections of the security code that
apply. Specifications, details, or security notes may be used to convey the compliance.
25. Prior to the issuance of a Building Permit, the Police Department may require that
security cameras be shown in the garage.
26. Prior to construction drawing submittal of the Landscape, Grading, and Site Plans the
applicant shall review the approved Water Quality Management Plan to ensure the
proposed landscape plans are consistent with the project site and grading plans and show
approved Best Management Practices such as infiltration planters, inserts, grass swales,
detention basins, grass or vegetated buffers, filters, permeable pavers, etc.
27. Prior to the issuance of a Building Permit, the applicant shall submit improvement plans
to the Water Division for new fire hydrants, domestic water services, fire services,
landscape services, and any other proposed improvements or relocations affecting the
public water system appurtenances for review and approval.
28. 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 approved by the Water
Division.
29. 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.
30. Prior to the issuance of a Certificate of Occupancy, the applicant shall be responsible for
the installation of necessary fire hydrants and fire services as determined by the Fire
Department and Water Division.
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31. Prior to the issuance of a Building Permit, plans shall show that each building shall be
protected with a separate fire service unless otherwise approved by the Fire Department
and Water Division.
32. Prior to the issuance of a Building Permit, the Water Division shall approve the type and
location of fire service (detector check) device.
33. Plans submitted during plan check 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 Standard Location Of
Underground Utilities Standard.
34. Plans submitted during plan check shall show that the installation of sewer mains in the
vicinity of water mains is done per the Department of Public Works Standard No. 204.
35. 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.
36. Plans submitted during plan check shall show that an eight -foot minimum clearance is
provided between City water mains, signs, trees or other substantial shrubs, bushes, or
plants.
37. Plans submitted during plan check shall show that the minimum separation requirements
are met; the applicant's consultant preparing the improvement plans shall coordinate their
plans with the consultants preparing the landscape, architectural, surface water quality
management, fire master and or fire suppression plans and show that their designs are
consistent.
38. Plans submitted during plan check shall show that permanent signs, awnings, surface
water quality management features such as, but not limited to infiltration planters,
pervious paving structures or other structures are not installed over water mains, laterals,
services, meters, and fire hydrants.
39. Plans submitted during plan check shall show that each property, residence, main
building or structure shall have a separate meter service unless otherwise approved by the
Water Division.
40. 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; 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.
41. That a minimum of fourteen- calendar days prior construction, the applicant shall provide
material submittals for all proposed public water system facilities to the Water Division
for review and approval.
42. Prior to the issuance of a Certificate of Occupancy, the applicant shall furnish and install
individual pressure regulators on new services where the incoming pressure exceeds
eighty pounds per square inch.
43. 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.
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44. The Fire Department notes provided to the project applicant shall be provided within the
plans submitted for building plan check. However, the plans shall comply with current
fire codes regardless of the codes quoted in the notes provided in the letter.
45. Prior to issuance of a Building Permit, a copy of the site plan shall be provided to the Fire
Department in PDF format minimum print size of 81/2 X 11 and maximum of 11X17.
The site plan shall show; Fire Department access, hydrants, Fire Department connections,
standpipes, fire sprinkler shut -off valves and fire alarm control panels.
46. The landscape plans shall comply with the Alternate Materials and Methods Agreement
with the Fire Department; letter dated August 22, 2010. The landscape shall not impede
ladder access to the perimeter of the building, roof, balconies, and windows.
47. Prior to issuance of a Building Permit, the applicant shall return to the Design Review
Committee to review the landscape plan.
48. Prior to the issuance of any grading permits the applicant shall submit a Project WQMP
for review and approval to the Public Works Department that:
Prioritizes the use of Low Impact Development principals 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 and planters and other infiltration BMPs as applicable.
Incorporates the applicable Routine Source and Structural Control BMPs as defined
in the Drainage Area Management Plan (DAMP).
Maintains the hydrologic characteristics of the site by matching time of
concentration, runoff, velocity, volume and hydrograph for a 2 -year storm event.
Minimizes the potential increase in downstream erosion and avoids downstream
impacts to physical structures, aquatic and riparian habitat.
Generally describes the long -term operation and maintenance requirements for
structural and Treatment Control BMPs.
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.
Describes the mechanism for funding the long -term operation and maintenance of all
structural and Treatment Control BMPs.
A copy of the forms to be used in conducting maintenance and inspection activities.
Recordkeeping requirements (forms to be kept for 5 years).
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.
49. Prior to the issuance of certificate 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 applicant is prepared to implement all non - structural BMPs in the Project
WQMP, and
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That an adequate number of copies of the project's approved final Project WQMP are
available for the future occupiers.
50. 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.
51. 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 applicable Best Management Practices such as
infiltration devices, retention basins, rain gardens, permeable pavers, etc. Copies of the
landscape plans shall be submitted to the Public Works Departments for review.
52. 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 showing the downspouts and drainage outlets shall be
submitted to the Public Works Departments for review and approval.
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.
All construction shall conform in substance and be maintained in general conformance
with plans and exhibits labeled Exhibit A in the staff report (date stamped received June
21, 2011), including modifications required by the conditions of approval, and as
approved by the City Council. Further, exterior building color and materials shall
conform to the plans and color and materials board approved by the Design Review
Committee on October 20, 2010. Any change to the exterior of the building from the
approved plans shall be subject to review and approval by the Design Review
Committee.
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 applicant, business owner, managers, successors, and all future assigns 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.
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 plot plan, the Community Development Director may approve the changed
plan without requiring a new public hearing.
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Any future expansion in area or in the nature and operation of the use approved by
Conditional Use Permit No. 2790 -10 shall require an application for a new or amended
Conditional Use Permit.
All signage shall comply with the requirements of Orange Municipal Code Section 17.36.
Prior to the issuance of building permits, 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.
Construction permits shall be obtained for all construction work, as required by the City
of Orange, Community Development Department's Building Division and Public Works
Grading Division. Failure to obtain the required building permits will be cause for
revocation of this permit.
Applicant /developer shall be aware that all work within the public right -of -way requires
the issuance of an Encroachment Permit. Such work includes, but is not limited to, work
on the sidewalk, driveway construction, and utility laterals.
All public infrastructure, including street sections, sidewalk, driveway apron, and utilities
shall comply with City of Orange Standard Plans and Specifications.
These conditions shall be reprinted on the first or second page of the construction
documents when submitting to the Building Department for the plan check process.
If not utilized, project approval expires twenty -four months from the approval date.
Extensions of time may be granted in accordance with OMC Section 17.08.060. The
Planning entitlements expire unless building permits are pulled within 2 years of the
original approval.
ADOPTED this 12" day of July, 2011
Z1 I V -
aroly ecche, Mayor, ity of Orange
ATTEST:
Mary E. p . , City Clerk, City ckgr ge
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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 12 day of July, 2011, by the
following vote:
AYES: COUNCILMEMBERS: Whitaker, Smith, Cavecche, Dumitru, Bilodeau
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Mary E.)jtrpjiy,)City Clerk, CitLof Orange
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