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RES-10317 Construction Approval For Major Residential Site Plan at 1120 N. Lemon St.RESOLUTION NO. 10317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING MAJOR SITE PLAN NO. 0536-07 AND DESIGN REVIEW COMMITTEE NO. 4299-07 TO ALLOW FOR THE CONSTRUCTION OF 57 HOUSING UNITS LOCATED AT 1120 NORTH LEMON STREET.APPLICANT: ORANGE HOUSING DEVELOPMENT CORPORATION AND C&C DEVELOPMENT CORPORATION WHEREAS, Major Site Plan No. 0536-07 and Design Review Committee No. 4299-07 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, Major Site Plan No. 0536-07 and Design Review Committee No. 4299-07 were processed in the time and manner prescribed by state and local law; and WHEREAS, on November 7, 2007, January 16, 2008, March 19, 2008, and May 7,2008 the Staff Review Committee reviewed Major Site Plan No. 0536-07 and Design Review Committee No. 4299- 07 and recommended that the application proceed; and WHEREAS, on April 2, 2008 and May 21, 2008 the Design Review Committee reviewed Major Site Plan No. 0536-07 and Design Review Committee No. 4299-07 and recommended that the application proceed; and WHEREAS, the Planning Commission conducted one duly advertised public hearing on July 21, 2008 for the purpose of considering Major Site Plan No. 0536-07 and Design Review Committee No. 4299-07 for the property located at 1120 North Lemon Street.NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby approves Major Site Plan No. 0536-07 and Design Review Committee No.4299- 07 to allow for the construction of fifty-seven (57) housing units, including thirty (30) very low-income units, twenty-six (26) low-income units, and one (1) manager's unit, based on the following findings:SECTION 1 - FINDINGS 1. Major Site Plan approval shall be granted if The site plan conforms to the City Development Standards of the Multiple- Family Residential (R-3) zone including: lot area, frontage, lot depth, setbacks, distance between structures, parking, open space, recreational amenities, storage, fencing,landscaping, utilities, and trash enclosures.The plan does not comply with the R-3 Development Standards for density, building height and the number of stories, nor floor area ratio; however, these items are requested as concessions or incentives for constructing affordable housing under OMC Section 17. 15 Density Bonus.2. 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 provides for the required 25' drive aisle width for vehicular circulation from the public right-of-way to each of the parking spaces on-site. 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.3. Major Site Plan approval shall be granted if City services are available and adequate to serve the project.As discussed in Mitigated Negative Declaration No. 1795-07, the City of Orange Fire Department, Police Department, Public Works, and Library Services 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 177-person increase on population.4. 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. 1795-07 was prepared to analyze the environmental impacts under the California Environmental Quality Act and City of Orange Local Guidelines. It was determined that there are no potentially significant environmental impacts as a result of the proposed project, after mitigation is implemented.5. The City of Orange has made required findings pursuant to the California Environmental Quality Act as set forth in Section 2 below.6. The data and analysis upon which these findings of fact are based, including those in Section 2 of this Resolution, are set forth in the staff report for Major Site Plan No.0536-07 and Design Review Committee No. 4299-07, staffs oral presentation, public testimony, Staff Review Committee comments, Design Review SECTION 2 - ENVIRONMENTAL REVIEW Mitigated Negative Declaration No. 1795-07 was prepared for Major Site Plan No. 0536-07 and Design Review Committee No. 4299-07 in compliance with the California Environmental Quality Act and associated Guidelines. The City Council finds that Mitigated Negative Declaration No. 1795-07 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. 1795-07.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 staff report (date stamped received August 4,2008), including modifications required by the conditions of approval, and as recommended for approval 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 May 21,2008. Any change to the exterior of the building from the approved plans shall be subject to review and approval by the Design Review Committee.2. Approval of Major Site Plan No. 0536-07 and Design Review Committee No. 4299-07 shall not be effective until General Plan Amendment No. 2007-0004, Mitigated Negative Declaration No. 1795-07 and Zone Change No. 1247-07 have been approved by the City Council and become effective.3. 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.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 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 Citrus Grove 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 Certificate of Occupancy, the Planning Department shall review the apartment leases to ensure that they have language that discloses the 7. Obtain an approved Grading Plan and Grading Permit prior to the start of construction. The Grading Plan shall be consistent with the Water Quality Management Plan and shall show the location of all water quality treatment facilities. All Water Quality BMP shall also match designs shown on the Landscape, Grading, and Site Plans. 8. Grading Plans shall show the proposed storm drain, sewer, and water connections to public systems. 9. Provide secondary drainage in the event the storm drain is blocked to avoid flooding. This could be a surface "spillway" to allow floodwater to pass through a perimeter block wall or other overflow features. 10. The sewer and water system on-site, including the lateral to the main line within the street shall be private and will be maintained by the property owner.11. Trash enclosures shall be in accordance to City Public Works Standard Plans 408 and 409.12. The trash collection company shall pick up waste a minimum of four to six (4-6) times a week at this location to ensure that the waste bins do not overflow.13. The two trash enclosures closest to Lemon Street shall have a larger bin for regular trash plus recycling carts to meet their trash requirements. The trash enclosure closest to the railroad tracks shall have one full size bin for regular trash and one full size bin for recyclables.14. Advance Property Services, or any subsequent 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, carports, landscape, on-site recreational facilities, trash areas, signage,utilities, property walls, and gates.15. 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.16. Prior to issuance of a building permit, a photometric study shall be approved by the Police Department.17. OMCSection 17.14.400.C requires that the maximum rent schedule be submitted to the Community Development Department prior to the issuance of an occupancy permit. This will need to be updated annually on the anniversary date of occupancy.18. Within two days of final approval of this project, the Applicant shall deliver to the City Planning Department a cashier's check payable to the "County Clerk" in an amount required to fulfill the fee requirement of the CA Department of Fish and Game Code Section 711.4 for a Mitigated Negative Declaration and the County Clerk Processing Fee,to enable the City to file the Notice of Determination.19. All architecture, landscape, grading, water, and fire plans must be coordinated so there are no conflicts with underground utilities and above ground uses.20. Provide City landscaping inspection notes on the landscape and irrigation plans.21. Applicant shall submit landscape and irrigation plans to the City for 22. Applicant shall provide City Street trees as required along Lemon Street. 23. Prior to the issuance of a building permit, the architecture construction drawing elevations shall show the location of the building pop outs on the front elevation (east side). 24. Prior to the issuance of a building permit, the architecture construction drawings shall clearly show that the stone and trim wrap around the building completely. 25. Prior to the issuance of a building permit, the architecture construction drawings shall group the plumbing and mechanical vents together through the roof. 26. The applicant shall return to the Design Review Committee prior to the issuance of a building permit for the review of the solar panels, carport design/materials, and sound glazing. 27. Prior to the issuance of a building permit, the architecture construction drawings shall show a minimum 12-inch depressed footing for all trash enclosure walls to allow plants to grow and screen the walls.28. The architecture construction drawings shall add vines, Disticts buccinatoria, and Scarlet Trumpet Vines to the plant palette surrounding the trash enclosures.29. The architecture construction drawings shall show a non-irrigated surface around the seating and BBQ areas.30. The architecture construction drawings shall show a third air conditioning condenser for the areas that are three stories.31. The City of Orange has adopted the California Fire Code, 2007 edition, including Appendices: Appendix Chapter 1, Appendix Chapter 4, A, B, C, E, F, G, H, and as amended by City of Orange Ordinance No. 22-07. (OMC Chapter 15.32)32. New and existing buildings shall have approved address numbers in accordance with Section 501.1. (CFC Section 505.1 as amended in OMC Title15, Section 15.32.500)33. All new and existing buildings shall display approved address identification numbers or letters on the street side of the building in such a position that the number is easily visible to approaching emergency vehicles from the public way.Exception: Buildings located on the same lot with residential buildings, when approved by the fire code official or other authorized city official.34. Address identification on residential buildings shall be no less than four (4) inches in height with a minimum stroke of one-half (0.5) inch. Non- residential identification shall be a minimum of six (6) inches in height with a minimum stroke of 3/4 (.75) inch. Address identification shall contrast with the background, and shall be illuminated by an approved internal or external source during hours of darkness. (CFC Section 505. 1.1 as amended in OMC Title 15, 35. When a non-residential building contains multiple units, address numbers complying with Section 505.1.1 shall be placed immediately adjacent to the non-hinged side of exterior doors or above all exterior doors serving each individual unit. Interior door address identification shall be approved. (CFC Section 505.1.2 as amended in OMC Title 15,Section 15. 32.20)36. Approved diagrammatic representations shall be positioned at all entrances to building complexes. The diagrammatic representations shall show the overall site, location of the viewer, buildings and units and the addresses or unit designations within the complex, and shall be internally or externally illuminated as approved during hours of darkness.Buildings and multi-unit buildings within complexes shall be addressed as required by Sections 505.1 and 505.1.1. (CFC Section 505.1.3 as amended in OMC Title 15, Section 15.32.530)37. Approved automatic sprinkler systems shall be provided throughout in new buildings of any construction type exceeding 5,000 square feet, or buildings of type V construction exceeding 3, 000 square feet.38. Approved automatic sprinklers shall be installed in any existing building that meets the conditions for required sprinkler protection for new buildings and meets one or more of the following conditions:An increase in area is made to a building.A change is made to the use or occupancy of the building that changes the level of hazard or increases the occupant load.A significant modification is made to the building or a modification impacts the structural system of the building as determined by the fire code official.39. Group R Occupancies: An automatic sprinkler system shall be provided throughout all buildings with a Group R fire area.Exceptions:Detached one-and two-family dwellings and multiple single-family (town houses)less than 5,000 square feet in area and not more than three stories above grade plane in height with a separate means of egress, unless specifically required by other sections of this code or classified as Group R-4.Group R-3.1 occupancies less than 5,000 square feet not housing bedridden clients,not housing non-ambulatory clients above the first floor, and not housing clients above the second floor.Pursuant to Health and Safety Code Section 13113, occupancies housing ambulatory children only, none of whom are mentally ill or mentally retarded, and the buildings or portions thereof in which such children are housed are not more than two stories in height, and buildings or portions thereof housing such children have an automatic fire alarm system activated by approved smoke detectors.Pursuant to Health and Safety Code Section 13143.6, occupancies licensed for protective social care which house ambulatory clients only, none of whom is a child under the age of 18 years), or who 40. An NFPA 13D system shall not be utilized in Group R-4 occupancies.The fire department connection shall not be affixed to the building.The fire department connection shall be located at least 40 feet away from the building.The fire department connection shall be located on the address side of the building.The fire department connection shall be located within 40 feet of a hydrant on the same side of the street as the hydrant.The fire department connection shall not provide pressure to the on- site hydrants.41. Fire Department Connections (FDC)42. All valves controlling the water supply for automatic sprinkler systems, pumps, tanks,water levels and temperatures, critical air pressures, and water-flow switches on all sprinkler systems shall be electrically supervised and sealed or locked in the position of normal operation.Exceptions:Automatic sprinkler systems protecting one- and two-family dwellings.Limited area systems serving fewer than 20 sprinkler heads when approved by the fire official.Automatic sprinkler systems installed in accordance with NFP A 13R where a common supply main is used to supply both domestic water and the automatic sprinkler system, and a separate shutoff valve for the automatic sprinkler system is not provided.Jockey pump control valves that are sealed or locked in the open position.Control valves to commercial kitchen hoods, paint spray booths or dip tanks when located in buildings or tenant spaces that do not contain monitored fire protection systems.Valves controlling the fuel supply to fire pump engines.Trim valves to pressure switches in dry, preaction and deluge sprinkler systems.43. During Construction: Approved vehicle access for fire fighting shall be provided to all construction or demolition sites. Vehicle access shall be provided by permanent fire apparatus access roads except where approved by the fire official.44. Dead Ends: Dead end streets shall not exceed 600 feet inlength. (OMC 15.32.440 Section 503.1.2.1). Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus 45. Dimensions: Fire apparatus roads shall have an unobstructed width of not less than 20 feet and shall have an unobstructed vertical clearance of not less than 13feet 6 inches. (OMC 15.32. 450 Section 503.2.1)Exceptions:Security gates shall be in accordance with Section 503.6.Fire apparatus roads serving buildings over 2 stories in height shall be in accordance with Section 503.2.1.1.Divided fire access roads shall be in accordance with Section 46. Buildings Over 2 Stories in Height: Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315 mm) when within laddering distance of buildings exceeding two stories in height. The access road shall be set back from buildings exceeding two stories in height such that the centerline of the fire access road shall be equal to ~ the difference in elevation from the fire access road to the roof. The building curbside of access roads serving buildings over two stories in height but less than 44 feet in height shall be permitted to be up to 10 feet away from the building. (OMC 15.32.460 Section 503.2.1.1 47. Divided fire access roads shall be subject to review and approval by the fire code official. Each lane shall be a minimum width of 14 feet. (OMC 15.32.470 Section 503.2.1.2) 48. The fire department access roadway shall be an all-weather driving surface capable of supporting the imposed loads of fire apparatus, 60,000 pounds. The access shall be designed for a three- axle vehicle.49. The fire department access roadway shall be provided with adequate turning radius for fire department apparatus. (A 45 foot outside and 25 foot inside radius.)50. Fire department emergency access must not exceed 12 percent grade.51. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503 .2.1 shall be maintained at all times. Speed bumps, speed humps and all other traffic calming measures shall be reviewed and approved by the fire code official prior to installation.52. The installation of security gates across fire apparatus access roads shall be approved by the fire chief. Where security gates are installed, each gate shall meet requirements as contained in City of Orange access guidelines, and shall be a minimum clear width of 14 feet. The security gates and the emergency operation shall be maintained operational at all times. All electrically operated vehicle access gates shall be equipped with an approved automatic opening device in addition to a key operated switch. (CFC Section 503. 6 as amended in OMC Title 15, Section15. 32.490)53. All streets less than 36 feet wide shall be marked and signed as a fire lane. The marking and signs shall be provided and installed per the City of Orange Fire Departments Fire Lane Standards.54. During Construction: An approved water supply for fire protection, either temporary or permanent, shall be made available prior to combustible material arrival on the site. (CFC Section 1412.1 as amended in OMC Title 15 Section 15. 32.650)55. Fire flow requirements for buildings or portions of buildings and facilities shall be determined per Appendix B of the California Fire Code, 2007 edition.56. The minimum fire-flow and flow duration for buildings other than one- and two-family dwellings shall be as specified in Table B105.1. (CFC B105.2 as amended in OMC Title 15, Exception: A reduction in required fire-flow of up to 50 percent, as approved by the fire code official, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section903.3.1.1 or903.3.1.2. The resulting fire-flow shall not be less than 1,500 gallons per minute (5678L/min) for the prescribed duration as specified in Table B 105. 1.57. Prior to issuance of a fire service (detector check) the required water supplies for hydrants and fire sprinkler systems shall be determined and the water supplies shall be approved by the Fire Department.58. The location and spacing of fire hydrants shall not exceed that determined by the fire code official in consultation with the water department.59. Regardless of the average spacing, fire hydrants shall be located such that all required fire hydrants on streets and access roads adjacent to a building are within the distances listed in Table C105.1 of the California Fire Code, 2007 edition. (15.32.830 Section C105. 1)60. A minimum of three feet of clearance shall be provided around the circumference of all fire hydrants.61. Where access to or within a structure or an area is restricted because of secured openings,or where hazardous materials are used or stored in amounts requiring disclosure to the fire department, or where immediate access is necessary for life-saving or fire-fighting purposes, or where fire detection or suppression systems are installed, the fire code official is authorized to require a key box to be installed in accordance with access guidelines and standards as developed by the City of Orange Fire Department. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the fire code official. (CFC Section 506.1 as amended in OMC Title, 15.32.540)62. A Fire Department approved key box for fire department access shall be installed on the address side of the building near the main entrance or fire control room at a height of 5 feet above finished grade. The Knox box shall contain keys to gain access to each building.63. When Knox switches and pad locks are provided for vehicular and pedestrian gates the switches and pad locks shall be dual keyed for City of Orange Fire and Police Departments.64. Basements in dwelling units and every sleeping room below the fourth story of Group R occupancies shall have at least one operable window or door approved for emergency escape or rescue that shall open directly into a public street, public alley, yard or exit court.Such required doors and openings shall be maintained readily accessible for emergency access by the Fire Department. Approved access walkways leading from fire apparatus access roads to required exterior openings shall be provided. Landscaping plans shall reflect fire access walkways and access clearances to required openings, including ladder access to openings above the first floor. Such ladder access shall assume a 75-degree climbing angle to the finished sill height.65. Construction plans shall include a site plan and landscape plan detailing exiting from outside the building to a public way. Details on the type of ground covering, hardscape,gates and latching and locking hardware shall be provided on the plans.66. All buildings provided with an elevator shall provide at least one emergency medical use. The minimum cab size is: Single slide door (right or left) or end opening door, requires a minimum clear cab size of 6'8" x 4'9' x 1'6" and a minimum door opening of 3' 6" x TO". A center opening door requires a minimum clear cab size or 6'8" x 5'5 x 1'6" and a minimum door opening of3'6" x 67. Prior to the issuance of a building permit, fire facility fees will be required. 68. Prior to Building Permit Issuance: A copy of the site plan shall be provided to the fire department in PDF format minimum print size of 8l1z 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.69. Prior to the issuance of any grading permits the applicant shall submit a Priority Project WQMP for review and approval to the Public Works Department that:Addresses Site Design BMPs (as applicable) such as minimizing impervious areas,maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas Incorporates the applicable Routine Source and Structural Control BMPs as defined in the Drainage Area Management Plan ( DAMP)Incorporates Treatment Control BMPs as defined in the DAMP 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 projects structural and treatment BMPs are being inspected and maintained in accordance with the project's WQMP.70. Prior to the signoff of the building permit, the applicant shall demonstrate the following to the Public Works Department:All Structural Best Management Practices (BMPs) described in the Project WQMP have been constructed and installed in conformance with the approved plans and specifications.The applicant is prepared to implement all Non- structural BMPs described in the Project WQMP.An adequate number of copies of the project's approved final Project WQMP are available for the future occupiers.71. 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 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. 72. 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 grass swales, detention basins, grass or vegetated buffers, filters, permeable pavers, etc. Environmental Mitigation 73. AQ-l. During the construction of the project standard Best Management Practices ( BMPs)will be applied to control dust. BMPs shall include application of water on disturbed soils a minimum of three times per day (except on days when a rain event occurs, then exposed surfaces would be watered as necessary to meet the intent of Rule 403), covering haul vehicles, replanting disturbed areas as soon as practical, restricting vehicle speeds on unpaved roads to 15 mph, suspending grading activities when the wind exceeds 25 miles per hours, and other measures, as deemed appropriate to the site, to control fugitive dust.74. AQ-2. During project grading and construction site grading, trenching, and paving activities shall require the use of grading equipment with diesel particulate matter filters.75. AQ-3. During project construction, construction equipment shall be properly maintained and shall include proper tuning and timing of engines. Equipment maintenance records and equipment design specification data sheets shall be kept on- site during construction and made available for inspection by the City of Orange and the SCAQMD.76. AQ-4. During project construction, the developer shall require all contractors to turn off all construction equipment when not in use.77. AQ-5. Prior to project construction, the project proponent shall provide a traffic control plan that will describe in detail safe detours around the project construction site and provide temporary traffic control (i.e., flag person) during demolition debris transport and other construction related truck hauling activities.78. AQ-6. Prior to the issuance of a grading permit, the developer shall provide documentation to the City of Orange indicating that workers shall carpool to the greatest extent practical.Workers shall be informed in writing and a letter placed on file at the City of Orange documenting the extent of carpooling anticipated.79. AQ-7. During project construction, onsite electrical hook ups shall be provided for electric construction tools including saws, drills and compressors, to minimize the need for diesel powered electric generators.80. AQ-8. During project construction, bumper strips or similar best management practices shall be provided where vehicles enter and exit the construction site onto paved roads.81. AR-l. Areas of the site that are excavated to a depth of greater than 20 feet for the purposes of vibration mitigation, or for any other purpose, shall be inspected for the presence of paleontological resources by a qualified paleontologist, once excavation activity is completed (prior to backfilling paleontological resources at the site, the qualified paleontologist shall prepare a letter report documenting their findings and submit it to the Director of Community Development. If resources are found at the site the qualified paleontologist shall prepare a report recommending appropriate mitigation regarding the disposition of such resources, and shall submit the report to the Director of Community Development for their review and implementation of the recommended measures. 82. N-l. Required Patio and Balcony Noise Barriers. In order to protect the exterior living spaces from excessive noise exposure prior to issuance of building permits, 7- foot high noise barriers shall be required for first floor patio, and second and third floor balconies along the west side of the westernmost building on the project site (building C). The heights of these noise barriers are relative to finished floor elevations of the individual patios and balconies. The barriers are required to have a surface density of at least 3.5 pounds per square foot, and have no openings or gaps. They may be constructed of wood studs with stucco exterior, 3/8-inch plate glass, 5/8-inch Plexiglas, any masonry material, or a combination of these materials.83. N-2. Construction Upgrades to Provide Noise Attenuation. Prior to issuance of building permits, construction materials upgrades shall be required for the westernmost building on the project site (building C) in order to achieve interior noise levels of 55 dB. Such materials upgrades to units shall be as specified and in compliance with the requirements contained in Section 6 (Train Horn Interior Noise Exposure) of "Interior Noise Analysis for Citrus Grove Apartment" prepared by BridgeNet International and dated December 24,2007 (Appendix E).84. N-3. Mechanical Ventilation. Prior to issuance of building permits, all dwelling units contained in buildings B or C shall be required to be equipped with air conditioning or other means of mechanical ventilation as specified and required in Section 7 (Mechanical Ventilation) of "Interior Noise Analysis for Citrus Grove Apartment" prepared by BridgeNet International and dated December 24, 2007 ( Appendix E). The purpose of this measure is to allow for adequate ventilation, while allowing residents to keep windows closed in order to maintain interior noise levels at an acceptable level.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, 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 26th day of August, 2008 ATTEST:UhL ~~fv ary. urphy, City Clerk, City of range 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 26th day of August, 2008, by the following vote: AYES: NOES:ABSENT:ABSTAIN:COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau COUNCILMEMBERS: None COUNCILMEMBERS: None