RES-10539 Conditional Use Permit ApprovalRESOLUTION NO. 10539
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING CONDITIONAL
USE PERMIT 2803 -10, MAJOR SITE PLAN REVIEW
0639 -10, DESIGN REVIEW COMMITTEE 4504 -10,
TENTATIVE PARCEL MAP (TPM 0027 -10) AND, A
DENSITY BONUS HOUSING AGREEMENT WITH
TWO AFFORDABLE HOUSING CONCESSIONS TO
ALLOW FOR THE CONSTRUCTION OF 63
HOUSING UNITS LOCATED AT 1820 EAST MEATS
AVENUE.
APPLICANT: ORANGE HOUSING DEVELOPMENT CORPORATION AND
C &C DEVELOPMENT CORPORATION
WHEREAS, Conditional Use Permit 2803 -10, Major Site Plan Review 0639 -10,
Design Review Committee 4504 -10, Tentative Parcel Map (TPM 0027 -10) and, a Density
Bonus Housing Agreement with two Affordable Housing Concessions were filed by the
Orange Housing Development Corporation and C &C Development Corporation in
accordance with the provisions of the City of Orange Municipal Code; and
WHEREAS, Conditional Use Permit 2803 -10, Major Site Plan Review 0639 -10,
Design Review Committee 4504 -10, Tentative Parcel Map (TPM 0027 -10) and, a Density
Bonus Housing Agreement with two Affordable Housing Concessions were processed in the
time and manner prescribed by state and local law; and
WHEREAS, on November 17, 2010 the Staff Review Committee reviewed
Conditional Use Permit 2803 -10, Major Site Plan Review 0639 -10, Design Review
Committee 4504 -10, Tentative Parcel Map (TPM 0027 -10) and, a Density Bonus Housing
Agreement with two Affordable Housing Concessions and recommended that the application
proceed; and
WHEREAS, on December 15, 2010 and January 5, 2011, the Design Review
Committee reviewed Conditional Use Permit 2803 -10, Major Site Plan Review 0639 -10,
Design Review Committee 4504 -10, Tentative Parcel Map (TPM 0027 -10) and, a Density
Bonus Housing Agreement with two Affordable Housing Concessions and recommended that
the application proceed; and
WHEREAS, the Planning Commission conducted one duly advertised public hearing
on February 7, 2011 for the purpose of considering Conditional Use Permit 2803 -10, Major
Site Plan Review 0639 -10, Design Review Committee 4504 -10, Tentative Parcel Map (TPM
0027 -10) and, a Density Bonus Housing Agreement with two Affordable Housing
Concessions for the property located at 1820 East Meats Avenue.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Orange hereby approves Conditional Use Permit 2803 -10, Major Site Plan Review 0639 -10,
Design Review Committee 4504 -10, Tentative Parcel Map (TPM 0027 -10) and, a Density
Bonus Housing Agreement with two Affordable Housing Concessions to allow for the
construction of sixty -three (63) housing units for households in the 30 to 60 percent area
median income with the exception of one (1) manager's unit, based on the following
findings:
SECTION 1 — FINDINGS
Major Site Plan Review
1. The project design is compatible with surrounding development and neighborhoods.
The project utilizes architectural design that is equivalent if not better than that of
surrounding buildings. The project includes appropriate setbacks; utilizes appropriate
building materials typical for or desired for building improvements in the
neighborhood; provides an integrated landscape theme; uses landscaping to buffer
massing of the project from surrounding uses; provides for adequate on -site
circulation and parking; and, based on the Mitigated Negative Declaration, reduces
impacts to less than significant levels for surrounding uses.
Although single story dwellings south of the site are in the single story overlay and
the closest project buildings (C and D) are both three stories and 35 feet tall, the
Mitigated Negative Declaration (MND) finds that the significant landscape lined
southerly setback followed by a flood channel and then an alley for rear facing
parking garages of the single story multi - family dwellings is sufficient to dismiss any
transitional height differences. The MND, Exhibits 8b, 9a, and 9b show the distance
that Buildings C and D are located from the dwellings in the single story overlay. The
section and a shade and shadow analysis in MND Exhibits 12 also shows that the
project does not cast shadows to those southerly distanced units.
Replacement trees will soften the appearance between the site mass and adjacent
properties. Project Conditions for landscaping will help reduce any visual shock
resulting from tree removal and will ensure appropriate landscaping in the
neighborhood.
Exhibit 12 of the MND is a shade and shadow analysis that shows that Building D
will not provide any more shade or shadow on adjacent buildings than is already
provided by the on -site Ficus screen. In addition, Building D's northerly windows
will not be real and, as redesigned will be only closed shutters on a solid wall,
therefore visual intrusion into neighbor dwellings will not be an issue.
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Non - typical, full- height, front yard fencing is a project component. There are unique
considerations of the property layout that facilitate support for the property line adjacent
fencing as follows:
The front property line faces Park Lane and Meats Avenue to the north and no
other residential properties are to the north.
Other properties on Park Lane only have front yards facing the street.
The subject property is larger than other properties facing Park Lane and includes
a corner side yard which may merit fencing adjacent to the easterly property line
due to the property size that creates an island of continuity in the neighborhood.
The provided fencing is intended to deter unwanted pedestrian entry to the site as
a crime deterrent.
The DRC reviewed the subject fencing and did not have any particular concerns
or comments.
The project MND did not identify any specific detrimental issues related to the
aesthetics of the project's fences.
No fencing is located at driveway or street intersection traffic sight safety areas.
Fencing consists of tube steel rather than a solid block wall.
As discussed in above issues and as analyzed in the view simulations, cross sections, shade
and shadow analysis provided in the project MND, the additional height and story for some
of the project buildings will not have any significant effect on the neighborhood character,
massing, or street scene. Further discussion on the less than significant impacts of the
project's additional height and stories is contained in the aesthetics section of the MND
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.
With the applied concessions and density bonus, the site plan conforms to the City
Development Standards of the Multi - family Residential (R -3) zone including: lot
area, frontage, lot depth, setbacks, distance between structures, parking, open space,
recreational amenities, storage, landscaping, utilities, and trash enclosures.
Without the applied concessions and density bonus, the plan would not comply with
the R -3 Development Standards for density, building height, number of stories, and
front yard fence height; however, these items are allowed under the provisions of
OMC Chapter 17.15 and the Conditional Use Permit, Variance, and General Plan
Amendment that would be required to accommodate the same OMC and Land Use
Element deviations for a non - affordable project, do not apply to the subject project
because it is an affordable housing project.
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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.
The site plan (Exhibit A) provides for the required 25' drive aisle width for vehicular
circulation from the public right -of -way to each of the parking spaces on the
apartment site. The existing substandard drive aisle for the Church is an existing
legal nonconforming situation. The pedestrian and accessible path of travel is also
shown on the site plan from the public right -of -way to each of the buildings, trash
enclosures, and parking area. Emergency vehicle access and emergency evacuation is
also provided via the adjacent Church Property.
4. Major Site Plan approval shall be granted if City services are available and adequate
to serve the project.
As discussed in the project Mitigated Negative Declaration, City services are adequate
to provide services for the proposed project. Fire, police, library, and other City
department impact fees are provided as a function of building permit fees. In addition
to the recreational amenities that are provided on -site, the applicant shall pay the park
in -lieu fees to off -set park impacts from the estimated increase on population.
5. Major Site Plan approval shall be granted if the project has been designed to fully
mitigate or substantially minimize adverse environmental effects.
Mitigated Negative Declaration No. 1824 -10 was prepared to analyze the
environmental impacts under the California Environmental Quality Act and City of
Orange Local CEQA Guidelines. The Mitigated Negative Declaration finds that the
project will have less than significant impacts to the environment, with the
implementation of standard conditions and mitigation measures related to the
following:
The Geology and Soils section of the MND includes the recommendations of the
project's geotechnical engineer as mitigation measures for ensuring property soil
compaction and geotechnical preparations for the construction of the buildings in
accord with the seismic needs for the site. With the mitigation measures, less
than significant impacts from seismic activity will likely occur.
The Noise section of the MND contains a mitigation measure to limit the
proximity of earthmoving and compaction equipment and vehicles from adjacent
residences. The mitigation measure should ensure that groundborne vibration
will not damage adjacent structures or be detectable to persons of typical senses.
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Conditional Use Permit
6. A Conditional Use Permit shall be granted upon sound principles of land use and in
response to services required by the community.
The Church, which is the sole subject of the Conditional Use Permit (CUP), has
existed at the site since about 1959. The use has exhibited a sound principle of land
use and will continue to provide for religious worship needs for the surrounding
community in an assembly forum. The subject CUP merely acts to update Church
conditions and site conditions to reflect the project.
7. 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 Church is existing and by remaining in the community, it is not anticipated to
cause deterioration of bordering land uses because it does not appear that the existing
Church has created deterioration or special problems for the area during past
occupancy of the site. Rather, the Church serves to buffer commercial uses along
Tustin Street from higher density residential properties. The reduced area of the
Church could cause a reduction in community activities and school options.
8. 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.
The Church, which is the sole subject of the Conditional Use Permit (CUP), has
existed at the site since about 1959. The Church has served the community and will
continue to do so in its new configuration. The subject CUP merely acts to update
Church operational conditions and reflect site conditions resulting from the project.
The site could add additional building area and add a new school use in the future
with a revised Conditional Use Permit and associated analysis. No community or
neighborhood plan exists for the area.
9. 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.
Conditions are proposed for the Church that will ensure improved site landscaping;
limit assembly area based on available parking; evaluate available parking via a CUP
for any future school use; prohibit an outdoor amplifying system; require permission
for special outdoor worship services; facilitate City review of parking problems
created by the Church; require City notification of special events; and, require
recordation of an easement for access across the property to serve emergency vehicle
access and emergency evacuation of the apartment project.
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Design Review Committee
10. 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.
This finding can be made using the statements made in Finding 3. There is not a
specific plan affecting this site.
Tentative Parcel Map
11. The proposed division of land complies with all requirements of the Subdivision Map
Act or Title 16 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 Public Works Department has reviewed Tentative Parcel Map 0027 -10 and has
determined that it complies with both the Subdivision Map Act and OMC Title 16.
As documented in the project MND, area requirements of the site are provided,
infrastructure and City services are available to serve the site, the site hydrology and
water quality devices will ensure proper drainage, site vehicular access is secured
including an emergency entry or exit, and the project will result in less than
significant impact to the environment.
Concessions /Incentives
12. The application for concessions and incentives meets the threshold requirements of
the definition of concessions and incentives set forth in Section 17.1 S. 020, in
particular, they result in identifiable, financially sufficient, and actual cost reduction
for the housing development.
The front yard full - height fencing will make the project site easier to manage, may
deter crime and, as a result, will reduce operation costs and make it easier to offer an
affordable project.
The additional building height and third story will allow the development to provide
greater units on the site without compromising area for recreational amenities and
landscaping. The additional height and story will ultimately allow for the project to
be profitable by allowing for enough additional rental unit income to make the project
viable, which may not be able to occur with a two story project.
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13. The incentives and concessions are 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 cumulative whole of the concessions will help to provide for affordable rent in
the one unit that will result from the Density Bonus approved as part of the project.
More important than the concession's affect on the one resulting density bonus unit is
the affordability created for the entire project as a result of the concessions.
14. The incentives and concessions do not have any 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. The Concessions do not require
mitigation to avoid any adverse impact and the Concessions help make the housing
development affordable to low- and moderate - income households.
The project MND concluded that the project would result in less than significant
impacts and mitigation was only required for geology and noise, neither of which are
related to the concessions for the project. As stated in Finding 14, the concessions
make the entire development affordable to low- and moderate- income households,
with the exception of the manager's unit.
15. The incentives and concessions would not have an adverse impact on any real
property that is listed in the California Register of Historical Resources.
No listed properties exist on the site. Hence, no impact would result.
16. The incentives and concessions would not 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 only buildings proposed for removal from the site are modular. They do not
qualify for inclusion in a local, state or federal listing of historically significant
resources. No buildings in the surrounding neighborhood are eligible either.
SECTION 2 — ENVIRONMENTAL REVIEW
Mitigated Negative Declaration No. 1824 -10 was prepared for Conditional Use
Permit 2803 -10, Major Site Plan Review 0639 -10, Design Review Committee 4504 -10,
Tentative Parcel Map (TPM 0027 -10) and, a Density Bonus Housing Agreement with two
Affordable Housing Concessions in compliance with the California Environmental Quality
Act and associated Guidelines. The City Council finds that Mitigated Negative Declaration
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No. 1824 -10 contains an adequate assessment of the potential environmental impacts of the
proposed project. Based on substantial evidence contained in the record, the City Council
finds that there are no potentially significant adverse environmental impacts and there is no
effect on fish and wildlife. Therefore, the City Council approves and adopts Mitigated
Negative Declaration No. 1824 -10.
SECTION 3— CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed with the
recommendation of approval:
1. All construction shall conform in substance and be maintained in general conformance
with plans and exhibits labeled Exhibit A in the City Council staff report (date stamped
TBD), 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 these permits, save and except that caused by the
City's active negligence.
3. Prior to the recordation of a final parcel map for the project, the applicant shall draft a
Density Bonus Housing Agreement acceptable to the City's Director of Community
Development and City Attorney, and receive final approval by the Planning
Commission in accordance with the terms and provisions of Orange Municipal Code
Section 17.15.070. The agreement shall return before the Planning Commission at a
meeting subsequent to the February 7, 2011 meeting.
4. 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 the apartments would be rented to
those who qualify for low- and very low- income housing.
5. Prior to the issuance of Certificate of Occupancy, the Planning or Economic
Development Department shall review the apartment leases to ensure that they contain
language that requires the on -site manager to call the City of Orange Police Department
and impose fines on tenants who are caught vandalizing or stealing from the Serrano
Woods Apartments or neighboring properties. Vandalism shall include, but not be
limited to theft, graffiti, dumping of trash, and destruction of property.
6. Prior to the issuance of a certificate of occupancy, the applicant shall provide an
emergency vehicle access easement agreement to staff for approval for the access point
from the Church property and vice versa. The recorded agreement shall be for the two
properties to continue maintaining the driveway and drive aisles for emergency vehicle
access.
7. OMC Section 17.14.400.0 requires that the maximum rent schedule be submitted to the
Community Development Department prior to the issuance of an occupancy permit.
The property manager will need to be update the rent schedule annually and provide it
to the City on the anniversary date of occupancy.
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8. Within two days of final approval of this project, the Applicant shall provide proof of
filing with the "County Clerk" and payment of a fee pursuant to CA Department of Fish
and Game Code Section 711.4 for a Notice of Determination for the project's Mitigated
Negative Declaration.
9. Detailed plans submitted for building check and grading permits must show that all
architecture, landscape, grading, water, and fire plans are coordinated in a manner such
that there are no conflicts with underground utilities and above ground uses.
10. Plans submitted for building plan check shall show that City landscaping inspection
notes are on the landscape and irrigation plans.
11. Prior to the issuance of building permits, the applicant shall submit and receive Design
Review Committee approval of detailed landscape and irrigation plans. Final plans
shall include tree and shrub sizes and shall include spacing guidelines where plantings
are to be densely grouped. Irrigation plans shall be accompanied by calculations
showing compliance with the City's Water Efficient Landscape Guidelines. The
revised landscape plans shall show that no trees, large shrubs, or fencing will be
provided where the Park Lane right -of -way will be expanded by four feet onto the
easterly portion of the project property.
12. Prior to the installation of any permanent signs on the project site, a sign program shall
be approved by the Design Review Committee for the site.
13. A Tree Removal Permit from the Department of Community Services shall be obtained
after the Design Review Committee approves the final landscape and irrigation plans.
No trees shall be removed from the development site without the approval.
14. Prior to building permit issuance the project final landscape plans must demonstrate
that the landscape architect has coordinated with the civil engineer's plan(s) by
providing details, identification of infiltration areas and notes for Storm Water Quality
BMP's.
15. Prior to building permit issuance plans must demonstrate that detector valves will be
screened with landscaping.
16. 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:
o 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.
o Incorporates the applicable Routine Source and Structural Control BMPs as
defined in the Drainage Area Management Plan (DAMP).
o Maintains the hydrologic characteristics of the site by matching time of
concentration, runoff, velocity, volume and hydrograph for a 2 -year storm event.
o Minimizes the potential increase in downstream erosion and avoids downstream
impacts to physical structures, aquatic and riparian habitat.
o Generally describes the long -term operation and maintenance requirements for
structural and Treatment Control BMPs.
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o 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.
o Describes the mechanism for funding the long -term operation and maintenance
of all structural and Treatment Control BMPs.
o Includes a copy of the forms to be used in conducting maintenance and
inspection activities.
o Meets recordkeeping requirements (forms to be kept for 5 years).
o 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.
17. 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.
18. 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.
19. 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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20. 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 storm water quality
features.
21. 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.
22. An approved Grading Plan and Grading Permit from Public Works Department shall be
required prior to start of any demolition and construction.
23. Prior to building permit issuance, plans must demonstrate that pavement sections are
designed to satisfy fire engine load(s).
24. Prior to building permit issuance, plans must show that all driveway aprons will comply
with the City of Orange Standard Plans and Specifications for Commercial Driveway
Aprons and sidewalk crossing driveway aprons shall conform to current ADA
requirements. No stamped concrete shall be permitted within public right -of -way.
25. Prior to the issuance of building or grading permits, the applicant shall dedicate four
feet of project property along the easterly property boundaries, as shown on the project
site plan, to the City for future widening of Park Lane to 30 feet. The four foot
dedication will affect the corner cutoff (the sight safety triangle area at the bend in Park
Lane). The corner cutoff standard is 16 by 16 feet. The corner cutoff area that is lost
from the four foot dedication must be replaced in the form of additional dedication from
the site's north property line. The project parcel map must show the 16 by 16 foot area
and any additional area that will need to be dedicated to the City to continue to
accommodate the 16 by 16 foot area.
26. 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.
27. Prior to the issuance of a Certificate of Occupancy, the applicant shall be responsible
for the replacement of cracked curb and gutter adjacent to the project site and shall
replace the one unused curb cut to the site with a full height curb. All curbing shall
comply with the Public Works curb standards.
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28. Prior to building permit issuance, the utility easement running across the property shall
either be modified to reflect the lots created by the parcel map or two easements shall
be recorded across the two lots in the location of the existing easement. The Public
Works Department shall approve the form of the easement(s) prior to recordation.
29. Prior to the issuance of a building permit, a parcel map shall be approved for the
creation of a parcel for the westerly Church property and the easterly multi - family
residential project property.
30. 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. Approval of the water improvement plan shall occur prior to
the issuance of a Building Permit.
31. Prior to the issuance of a Certificate of Occupancy, 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. All of the on -site water systems shall be privately owned and
maintained.
32. 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.
33. 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.
34. 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.
35. Prior to building permit issuance, the Water Division shall approve the type and
location of fire service (detector check) device.
36. 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.
37. 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.
38. 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.
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39. 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.
40. Plans submitted during plan check shall show that the minimum separation
requirements are met; the applicant's consultant preparing the improvement and utility
plans shall coordinate their plans with the consultants preparing the landscape,
architectural, surface water quality management, fire master and or fire suppression
plans so that their designs are consistent.
41. 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 the City's water
mains, laterals, services, meters, and fire hydrants.
42. 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.
43. 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.
44. A minimum of fourteen - calendar days prior to construction, the applicant shall provide
material submittals for all proposed public water system facilities to the Water Division
for review and approval.
45. Plans submitted for plan check shall show that all buildings for the project shall be
sprinklered per NFPA13 R.
46. Plans submitted for plan check shall show that Class "A" roofing is provided for the
project.
47. Plans submitted for plan check shall include city erosion control notes on the plans.
48. Trash enclosures shall be in accordance to City Public Works Standard Plans 408 and
409.
49. 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.
50. Prior to issuance of a building permit, a photometric study shall be approved by the
Police Department. The photometric survey of the parking garage shall include the
stairways and show compliance with the City of Orange Building Security Ordinance
15.52, reference #7 -79 and IESNA standards. The plans shall show the full extents of
light spill on adjacent properties and shall show that any light spill on adjacent
properties is reduced to a less than significant impact.
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51. Prior to final inspection, the buildings and structures shall have a clearly visible
illuminated address at all vehicular access points.
52. Landscaping shall be maintained not to interfere with lighting or addressing.
53. Plans submitted during plan check shall show that all hollow metal doors must be 16-
gauge steel and must have an approved mortise deadbolt lock. This requirement applies
to the community office and laundry facilities. An Approved Products List is available
from the Police Department, Crime Prevention Division.
54. Plans submitted for building plan check shall comply with the California Fire Code as
amended by the City and as frequently amended an in effect at the time of application
for building permit.
55. The Fire Department "New Construction Code Requirements" provided to the project
applicant in a letter dated September 2, 2010, 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 September 2, 2010,
letter.
56. Plans submitted for plan check shall show that both the community /office and laundry
facilities comply with the commercial building security requirements of having lighting
above all exterior doors including electrical /storage doors during hours of darkness.
57. Plans submitted for plan check shall show that the laundry room door has a small
window or door viewer.
58. The intercom placed at the vehicular entry for site guests shall not project noise
exceeding the decibel level of the human voice at normal conversation. Plans submitted
for building plan check shall include a detail of the type of intercom system proposed
for use.
59. Under this approval, Conditional Use Permit (CUP) Numbers 75, 1222, 1762 -89, and
2066 -94 have been rescinded and replaced with CUP 2803 -10 with the purpose of
acknowledging and permitting the revised Church property and use, as proposed by the
applicant, with regard to lot size, building area, assembly area, and use. This CUP
revocation and replacement voids all prior CUP entitlements based on applicant
initiated reduction of the site area, discontinuance of on -site school operations, and
removal of modular buildings from the site.
60. The Church use shall be limited to 1,924 square feet of assembly area use at any time
based on required parking in accord with the Orange Municipal Code. Greater
assembly area may be requested pursuant to supporting findings of an applicant
provided parking analysis submitted under a revised CUP application for Planning
Commission consideration.
61. Any desired future school use on the site shall first require an approved Conditional Use
Permit so that parking needs and site sharing can be evaluated.
62. The use of any outdoor amplifying system, sound system, or speakers is prohibited
unless permission is first granted by the City through the Community Development
Director or their designee.
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63. Outdoor worship services shall to be subject to permission by the City through the
Community Development Director or their designee.
64. The City may review scheduled church activities in the event that adjacent street
parking complaints are received by the City and substantial evidence suggests that a
street parking problem is caused by Church activities. In the event that parking
complaints are confirmed to be generated by the Church, the Community Development
Director may request that the Church provide a list of activities and/or provide a list of
facilities being concurrently used and/or provide a parking survey in association with
site activities. In the event that the information provided shows that a parking problem
exists, the Church shall implement measures approved by the Community Development
Director, to eliminate the parking problem.
65. The Church shall provide City notification of special events such as on -site carnivals or
other similar events outside the course of normal permitted operations, a minimum of
two weeks prior to the desired event. Approval of any such events will be required by
the City through the Community Development Director or their designee prior to
holding a special event.
66. Prior to final inspection of the apartment buildings, an easement shall be provided on
the Church property, acceptable to the City, for access across the property to serve
emergency vehicle access and emergency evacuation of the apartment project.
67. Prior to the issuance of a building permit for the project, the landscape plans shall be
revised to show that larger tree sizes with minimum dimensions of 24 inch box and
maximum dimensions of 36 inch box will be placed between Building D and the off -
site adjacent buildings and at the east property line that backs up to the adjacent off -site
buildings located at the cut out portion of the project.
68. Plans submitted for building plan check shall show that stone veneer wraps around
building edges and corners.
69. Prior to grading permit issuance, the final landscape, irrigation, and elevation plans
shall return to the Design Review Committee for review and approval. The elevation
plan shall include the complex floor plans for comparison purposes. The landscape
and irrigation plans that return before the Design Review Committee shall show what
landscape or pavement treatment the Church plans to place east and south of their
building where removed buildings and play areas formerly existed. Additionally, the
plans shall show and label any new parking lot curbing and landscape wells and the
landscaping that may be provided therein. Furthermore, the returning plans shall contain
identification of existing and proposed landscape areas, types of landscaping, and
location of new irrigation on the Church property.
70. MM GEO -2 - Buildings shall be supported on reinforced, stiffened slab foundations
resting over 24 inches of engineered compacted fill placed over competent alluvium.
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71. MM GEO -3 - The design of the slab foundation could be performed in conformance to
the Wire Reinforcement Institute (WRI) method or the Post - Tensioning Institute (PTI)
method. Recommendations in the LOR Geotechnical Group, Inc.'s report shall be
followed, depending on which of the slab foundation methods is chosen.
72. MM GEO -4 - For the preliminary sizing of foundations, an allowable bearing pressure
of 2,000 pounds per square foot (psf) shall be utilized for foundations with a minimum
width of 12 inches and a minimum depth of 18 inches below lowest adjacent grade.
This bearing pressure may be increased by 200 psf for each additional foot of width,
and by 400 psf for each additional foot of depth, up to maximum of 4,000 psf.
73. MM GEO -5 - Concrete floor slabs should bear on a minimum of 24 inches of
compacted soil over competent native. The compacted soil should have a density of at
least 90 percent relative compaction (ASTM D 1557). The final pad surfaces should be
rolled to provide smooth, dense surfaces upon which to place the concrete.
74. MM GEO -6 - Slabs resting on medium expansive soils should be pre- soaked to
approximately 4 percent above the optimum moisture content to a minimum depth of
18 inches prior to pouring concrete.
75. MM GEO -7 - Slabs to receive moisture - sensitive coverings should be provided with a
moisture vapor barrier. This barrier may consist of an impermeable membrane. Two
inches of sand over the membrane will reduce punctures and aid in obtaining a
satisfactory concrete cure. The sand should be moistened just prior to placing of
concrete.
76. MM GEO -8 - The slabs should be protected from rapid and excessive moisture loss,
which could result in slab curling. Careful attention should be given to slab curing
procedures, as the site area is subject to large temperature extremes, humidity, and
strong winds.
77. MM GEO -9 - To provide adequate support, exterior flatwork improvements should
rest on a minimum of 12 inches of soil compacted to a relative compaction of at least
90 percent (ASTM D 1557)
78. MM GEO -10 - If medium expansive soils are found underlying flatwork areas, these
areas should be pre- soaked to approximately 4 percent above the optimum moisture
content to a minimum depth of 18 inches.
79. MM GEO -11 - General flatwork such as sidewalk, patios, curbs, etc., should have a
thickness of at least 4 inches, with saw cuts every 10 feet or less. Driveways should be
at least 6- inch thick, with saw cuts every 15 feet or less.
80. MM GEO -12 - Reinforcement should be provided for all sidewalks, patio slabs, and
driveways with a minimum dimension greater than 5 feet. This should consist of #3
rebars of 60 -grade steel placed at a maximum spacing of 18 inches on center, each way.
Reinforcement for curbing should be one continuous #4 rebars at top and bottom.
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81. MM GEO -13 - Flatwork surface should be sloped a minimum of 1 percent away from
buildings and slopes, to approved drainage structures.
82. MM N0I -1 - The project applicant shall require the construction contractor to not
operate any vibratory rollers within 30 feet of any offsite residence or any large
bulldozer within 20 feet of any offsite residence. Vibratory plate compactors and small
bulldozers (less than 150 horsepower) may be allowed to operate in these restricted
areas.
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 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.
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 this permit.
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.
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.
These conditions shall be reprinted on the first 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 Section 17.08.060.
ADOPTED this 8th day of March, 2011
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ATTEST:
Mary E. urrlrpCity Clerk,_ it 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 8 day of March, 2011, by the
following vote:
AYES: COUNCILMEMBERS: Whitaker, Smith, Cavecche, Dumitru
NOES: COUNCILMEMBERS: Bilodeau
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
O' fL , "."
Mary , City Clerk, ity of Orange