RES-11421 OLD TOWN GATEWAY LLC - DEVELOPMENT AGREEMENT - NEW COMMERCIAL BUILDINGS AND PEDESTRIAN PASEO AT 401 W CHAPMAN AVE & 135 N ATCHINSON STRESOLUTION NO. 11421
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING MAJOR SITE PLAN
REVIEW NO. 1013-20, TENTATIVE PARCEL MAP
NO. 0017-20, DESIGN REVIEW NO. 5011-20 AND
DEVELOPMENT AGREEMENT NO. 0008-22 TO
REHABILITATE TWO HISTORIC BUILDINGS AND
REMOVE NON-HISTORIC SHEDS TO CONSTRUCT
TWO NEW COMMERCIAL BUILDINGS AND
CREATE A PEDESTRIAN PASEO AT 401 WEST
CHAPMAN AVENUE AND 135 NORTH ATCHISON
STREET
APPLICANT: OLD TOWN GATEWAY,LLC
WHEREAS, Major Site Plan Review No. 1013-20, Tentative Parcel Map No. 0017-20,
Design Review No. 5011-20 and Development Agreement No. 0008-22 were filed by Old Town
Gateway, LLC, in accordance with the provisions of the Orange Municipal Code(OMC); and
WHEREAS, Major Site Plan Review No. 1013-20, Tentative Parcel Map No. 0017-20,
Design Review No. 5011-20 and Development Agreement No.0008-22 were processed in the time
and manner prescribed by state and local law; and
WHEREAS, Major Site Plan Review No. 1013-20, Tentative Parcel Map No. 0017-20,
Design Review No. 5011-20 and Development Agreement No. 0008-22 are categorically exempt
from the provisions of the California Environmental Quality Act (CEQA) per State CEQA
Guidelines Section 15331 (Class 31 —Historical Resource Rehabilitation/Restoration) and 15332
Class 32—Infill Development Projects). There is no public review required; and
WHEREAS, on April 20, 2022, the Staff Review Committee reviewed Major Site Plan
Review No. 1013-20, Tentative Parcel Map No. 0017-20, Design Review No. 5011-20 and
Development Agreement No. 0008-22 and recommended that the application proceed; and
WHEREAS, on September 8, 2022, the Design Review Committee reviewed Major Site
Plan Review No. 1013-20, Tentative Parcel Map No. 0017-20, Design Review No. 5011-20 and
Development Agreement No. 0008-22 and recommended by a unanimous vote that the Planning
Commission recommend denial of the project based on its inability to make the necessary findings
for approval; and
WHEREAS, the Planning Commission conducted one duly advertised public hearing on
October 17, 2022, for the purpose of considering Major Site Plan Review No. 1013-20, Tentative
Parcel Map No. 0017-20, Design Review No. 5011-20, and Development Agreement No. 0008-
22 and recommended by a unanimous vote that the City Council approve the project subject to
recommended conditions of approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve Major Site
Plan Review No. 1013-20, Tentative Parcel Map No. 0017-20, Design Review No. 5011-20, and
Development Agreement No. 0008-22 to rehabilitate two historic buildings,demolish non-historic
sheds, construct two new commercial buildings with floor areas of 3,470 sq. ft. and 4,140 sq. ft.
and related site improvements, create a pedestrian paseo and effect lot consolidation based on the
following findings:
SECTION 1 —FINDINGS
General Plan Finding:
1.The project must be consistent with the goals and policies stated within the City's General
Plan.
The project is consistent with the goals and policies of the Land Use, Economic
Development, Circulation and Mobility,Cultural Resources and Historic Preservation,and
Urban Design Elements of the General Plan in that the project rehabilitates historic
structures that are contributors to the Old Town Orange Historic District, transitions the
property from a mix of under-utilized commercial buildings and a contractor's storage yard
to a refreshed mix of commercial uses,including two new buildings that reinforce the street
edge along N. Cypress Street, integrate pedestrian-oriented storefronts, plaza, and paseo
elements that encourage pedestrian activity and the movement of people into and through
the site. Project implementation supports linkage between the multi-modal transportation
options at the Orange Transportation Center to the commercial, residential, and
institutional uses in Old Town.
Major Site Plan Review Findings:
1.The project design is compatible with surrounding development and neighborhoods (OMC
17.10.060.H.1).
The project has been designed in a manner that respects the historic industrial railroad
corridor environment with new infill buildings incorporating the simple,understated forms
of many of the industrial and commercial buildings in the surrounding environs.
Architectural details of the new infill buildings reflect contemporary interpretation of
traditional architectural features. Building materials reference historic building fabric, and
storefronts have been designed to respond to the sidewalk environment. The removal of
non-historic structures and fences from the site serves to highlight and reveal historic
buildings that have been obscured from view over the years. The project design also
responds to Depot Park to the west and the Hilbert Museum to the north through orientation
of outdoor spaces and activated historic buildings along the Atchison Street frontage.
2. Major Site Plan approval shall be granted if the project conforms to City development
standards and any applicable special design guidelines or specific plan requirements
OMC 17.10.060.H.2).
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The project conforms to the development, design, and streetscape standards of the Santa
Fe Depot Specific Plan, Zoning Ordinance, as well as the Historic Preservation Design
Standards for Old Town Orange. In the case of parking,while the project does not strictly
adhere to the parking requirements of the Santa Fe Depot Specific Plan, the Development
Agreement associated with the project entitlements provides a formal relief from 18 of the
20 required parking spaces in exchange for dedication of a publicly accessible pedestrian
paseo that implements a segment of the City's 2008 Depot-Plaza Pedestrian Connection
Study.
3. Major Site Plan approval shall be granted if the project provides for safe and adequate
vehicular and pedestrian circulation, both on- and off-site (OMC 17.10.060.H3).
The project provides safe and adequate circulation that responds to the highly pedestrian-
oriented atmosphere of Old Town Orange. The project supports activity at the Orange
Transportation Center by providing a revitalized commercial property with interactive
street frontage and uses available to bus and rail patrons. The pedestrian paseo integrated
into the site provides pedestrians with a protected mid-block linkage alternative to the
narrow Chapman Avenue sidewalk and high traffic volumes. The site itself has a strong
pedestrian orientation, but accommodates accessible parking spaces and a loading area for
business activity.
4. Major Site Plan approval shall be granted if City services are available and adequate to
serve the project (OMC 17.10.060.H.4).
A review of the project with all City Departments concludes that City services will be
available and adequate to serve this site, including water, sewer, police, and fire services.
Conditions of approval have been included to address necessary infrastructure upgrades
associated with project demand.
5. Major Site Plan approval shall be granted if the project has been designed to fully mitigate
or substantially minimize adverse environmental effects (OMC 17.10.060.H5).
No environmental effects have been identified for the project. Conditions of approval have
been included to address potential short-term impacts to noise associated with construction.
Design Review Findings:
1. In the Old Town Historic District, the proposed work conforms to the prescriptive
standards and design criteria referenced and/or recommended by the DRC or other
reviewing body for the project (OMC 17.10.070.G.1).
The proposed project is in conformance with the Old Town Design Standards and Santa Fe
Depot Specific Plan design standards (collectively, Standards). As discussed in the
Analysis section of the associated staff report,the proposed project meets the Secretary of
the Interior's Standards for Rehabilitation. The existing conditions and character defining
Resolution No. 11421 3
features of the site and buildings will be retained and revealed, and changes to the site
associated with the new buildings,plaza space, and outdoor dining areas will be made in a
manner consistent with retaining the historic integrity as a contributing historic resource to
the Old Town Historic District. The adaptive reuse, in particular of 135 N. Atchison Street
will make the building publicly accessible and put it into active use. Features of the site
proposed to be demolished are dated from outside of the period significance for the historic
district and further evaluation confirms their non-contributing status.
The proposed new construction also complies with the Standards, as the addition to 401
W. Chapman is set back significantly from the south façade and both the Chapman Avenue
and Atchison Street frontages, making the historic building more readily visible than
current conditions. The removal of non-historic sheds and rehabilitation of the 135 N.
Atchison Street building will re-introduce this historic structure to street visibility from
both the Atchison and Lemon Street frontages. The form, mass, and scale of the infill
buildings have been designed to differentiate old from new and complement the historic
structures on the site. Their simple forms and contemporary application of historically
referenced materials respect the integrity of the site and surrounding historic industrial and
rail corridor context.
2. In any National Register Historic District, the proposed work complies with the Secretary
of the Interior's Standards and Guidelines (OMC 17.10.07.G.2).
The proposed project respects the integrity of the historic structures on the site by removing
non-historic sheds, accessory structures, and fence material that hides the N. Atchison
Street Mission Revival structure from view and includes an adaptive re-use that enables
that building to also be used by the public. The site plan and infill buildings elevate the
appearance of the historic buildings, with the planned outdoor spaces providing a higher
quality visual setting for viewing historic building materials and architectural features. The
historic physical relationship between 401 W. Chapman Avenue and 135 N. Atchison
Street will be revealed with removal of the non-historic building additions and accessory
structures added to the site over time.
3. The project design upholds community aesthetics through the use of an internally
consistent, integrated design theme and is consistent with all adopted specific plans,
applicable design standards, and their required findings (OMC 17.10.07.G.3).
The proposed project represents an integrated design theme that is internally consistent
through the use of historically referenced building materials on the new building elevations.
Infill building forms and materials also reflect the traditional historic industrial character
of the Santa Fe Depot Specific Plan area. The use of brick and steel, along with the shape
of the storefront openings facing N. Cypress Street respond to the surrounding context.
The design of the new buildings makes them subordinate to the primary historic structure
at 401 W. Chapman Avenue, and their placement functions to provide a clear view of the
135 N. Atchison building from N. Cypress Street.
SECTION 2—ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the
CEQA per State CEQA Guidelines 15331 (Class 31 — Historical Resource
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Rehabilitation/Restoration) and 15332 (Class 32 — Infill Development Projects). Regarding the
Class 31 exemption,the structures on the site have been closely evaluated in the Cultural Resource
Assessment and Addendum, with the buildings planned for restoration and rehabilitation
confirmed as contributors to the historic district. While the assorted structures constructed outside
of the period of significance for the historic district are over 50 years old,their modifications,dates
of construction,and characteristics do not support their classification as contributors to the historic
district. As non-contributors, their demolition does not represent an adverse effect on the historic
district.
Technical studies were prepared related to traffic, noise, air quality, energy, greenhouse gas
emissions, and water quality to evaluate whether the proposed project qualifies for a Categorical
Exemption from CEQA.The studies found no impact to these environmental issues.The Technical
Report concluded that the proposed project is categorically exempt Guideline 15332 (Class 32 —
Infill Development Projects) because the project site is less than 5 acres in size, is located in an
urbanized area served by infrastructure, and is on a site where the General Plan and zoning allow
the proposed uses. Based on all of the above, no environmental public review is required.
SECTION 3—CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed:
General:
1.These conditions shall be reprinted on the second page of the construction documents when
submitted to the Building Division for the plan check process.
2. The applicant shall comply with all conditions of approval contained within Planning
Commission Resolution No. PC 28-22 associated with Major Site Plan Review No. 1072-
21 and Design Review No. 5059-21.
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 permit, save and except that caused by the City's active
negligence. The City shall promptly notify the applicant of any such claim, action, or
proceedings and shall cooperate fully in the defense.
4. All construction shall conform in substance and be maintained in general conformance with
plans and exhibits labeled as Attachment 3 in the October 17, 2022, Planning Commission
staff report, including modifications required by the conditions of approval, and as
recommended for approval by the Planning Commission.
5.Except as otherwise provided herein, this project is approved as a precise plan. After any
application has been approved, if changes are proposed regarding the location or alteration
of any use or structure, a changed plan may be submitted to the Community Development
Director for approval. If the Community Development Director determines that the
proposed change complies with the provisions and the spirit and intent of the approval
action, and that the action would have been the same for the changed plan as for the
approved plot plan,the Community Development Director may approve the changed plan
administratively.
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6.Subsequent modifications to the approved architecture and color scheme shall be submitted
for review and approval to the Community Development Director or designee. Should the
modifications be considered substantial, the Director may refer the review to the Design
Review Committee.
7. Any modifications to the plans including, but not limited to, the landscaping and parking
as a result of other Department requirements such as Building Codes, Water Quality, Fire,
or Police shall be submitted for review and approval to the Community Development
Director or designee. Should the modifications be considered substantial,the modifications
shall be reviewed and approved by the Planning Commission.
8.Any future expansion in area or in the nature and operation of the use approved by Major
Site Plan Review No. 1013-20, Tentative Parcel Map No. 0017-20, Design Review No.
5011-20 and Development Agreement No. 0008-22 shall require new or amended
applications.
9. If not utilized, project approval expires 24 months from the approval date. Extensions of
time may be granted, if requested in writing in accordance with OMC Section 17.08.060.
The Planning entitlements expire unless building permits are pulled within 24 months of
the original approval.
10. 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.
11. Building permits shall be obtained for all future construction work, as required by the
City's Building Division. Failure to obtain the required building permits will be cause for
revocation of this permit.
12. All signage shall comply with the Historic Preservation Design Standards for Old Town
Orange,the Santa Fe Depot Specific Plan, and OMC Chapter 17.36 - Sign Regulations.
13. Grading operations shall be restricted to Monday through Friday between the hours of 7:30
a.m. and 5:00 p.m., with limited grading as necessary permitted on Saturdays between the
hours of 8:00 a.m. and 4:30 p.m. Mechanics may service the equipment up to two hours
after each shift.
14. All construction activities shall conform to the City's Noise Ordinance,OMC Chapter 8.24,
and shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday through
Saturday. No construction activity will be permitted on Sundays and Federal holidays.
15. Any new lighting on the premises shall be installed in such a way to direct, control, and
screen the lighting to prevent off site light spillage onto adjoining properties and shall not
be a nuisance to any point beyond the exterior boundaries of the property.
16. Prior to building permits, the applicant shall demonstrate to the satisfaction of the
Community Development Director that all mechanical and air conditioning equipment
shall be shielded and screened from view from adjacent streets and properties. The
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screening shall be integrated architecturally with the building and painted to match the
walls of the building.
17. Prior to building permits, all required parking spaces shall be shown on construction
documents as doubled striped to City standards.
18. The project approval includes certain fees and/or other exactions. Pursuant to Government
Code Section 66020, these conditions or requirements constitute written notice of the fees
and/or exactions. The applicant is hereby notified that the ninety (90) day protest period
commencing from the date of approval of the project has begun. If the applicant fails to
file a protest regarding these conditions or requirements, the applicant is legally barred
from later challenging such exactions per Government Code Section 66020.
19. Prior to 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.
20. Prior to building permits, the applicant shall pay any outstanding monies due to the City
for Planning Division entitlement activities related to this project.
21. In conjunction with the operation of the business(es), the property owner shall be
responsible to maintain the property to a level deemed adequate by the Community
Development Director. This includes, but is not limited to, the buildings, on-site
landscaping,trash areas, signage, utilities,property walls, and gates (if applicable).
22. Any graffiti shall be removed within 72 hours from the time the City of Orange Notice of
Violation is received by the applicant/property owner.
23. In conjunction with the operation of the business(es), all noise levels generated shall
conform to the levels allowed by the OMC.
24. Construction equipment shall be properly maintained per manufacturers specifications and
fitted with the best available noise suppression devices (e.g., mufflers, silencers, wraps,
etc.).
25. Construction equipment shall not idle for extended periods of time in the vicinity of
sensitive receptors.
26. Prior to building permits, final landscaping plans for the project shall be designed to
comply with the City's Water Efficient Landscape Guidelines as described in Section IX
et al of the City of Orange Landscape Standards and Specifications. The project landscape
architect shall submit documentation certifying compliance with this requirement
Appendix B of the City of Orange Landscape Standards and Specifications) for review
and approval by the Community Development Director or designee in coordination with
the Public Works Director or designee.
Resolution No. 11421 7
27. Prior to certificate of occupancy, all landscaping improvements shall be completed
according to the approved plans,the City of Orange Water Efficient Landscape Guidelines,
and City of Orange Landscape Standards and Specifications. The project landscape
architect shall submit documentation certifying compliance with this requirement
Appendix E of the City of Orange Landscape Standards and Specifications) for review
and approval by the Community Development Director or designee, in coordination with
the Public Works Director or designee.
28. Prior to building permits, City required irrigation and landscape inspection notes, in
accordance with the City of Orange Landscape Standards and Specifications, shall be
placed on the final landscape plan, to the satisfaction of the Community Development
Director or designee, in coordination with the Public Works Director or designee.
29. Landscape maintenance shall be performed in such a manner as to allow all trees to retain
their full canopy height for screening and full canopy breadth for shade at point of maturity,
except as required for public safety purposes.
30. Prior to building permits, the final landscape plan shall be reviewed and approved by the
Public Works Director when the project is constructing Storm Water Quality Best
Management Practices (BMPs) in landscaped areas.
31. Prior to building permits,the final landscape plan shall include a note that a fully automated
irrigation system will be provided.
32. All landscape areas shall be maintained in a neat and healthy condition. Should the plant
material die, the property owner/operator shall replace it with similar new plant material.
33. Prior to building permits,landscape plans shall include landscape area calculations needed
for State landscape water use reporting.
34. Prior to certificate of occupancy, all parking lot improvements shall be completed
according to the approved plans and to the satisfaction of the Community Development
Director or designee.
35. Prior to building permits,the applicant shall prepare a final landscaping and irrigation plan
consistent with the grading plans, site plans, and the conceptual landscaping plan as
proposed for the project for the review and approval of the Community Development
Director or designee, in coordination with the Public Works Director or designee.
36. Prior to building permits, all landscaping located within public areas shall be shown on the
landscape plans and shall include the installation of root barriers acceptable to the Public
Works Department on the sidewalk side of the tree, or where conditions warrant, the
installation of a Deep Root box as directed by the Public Works Director.
37. The applicant shall revise the street tree identified on N. Cypress Street to appear on the
landscape plan as Platanus Acerifolia `Columbia'. Prior to building permits,the applicant
shall work with the Public Works Department to determine the quantity, size, spacing, and
locations of street trees along all street frontages of the project. Contact and coordinate
Resolution No. 11421 8
with the City's Tree Services Coordinator, Micah Jean, (714) 532-6470,
mj can@cityoforange.org.
Community Development:
38. The applicant shall submit a rehabilitation plan for each of the historic buildings that
specifies the work that will be done on each building and explains the methods being used
to ensure compliance with Secretary of Interior Standards for
rehabilitation/restoration. This should include information about any necessary seismic
upgrades and building infrastructure systems (mechanical, electrical, plumbing) and how
those would be integrated into the buildings without damaging or disrupting character
defining features or historic building materials. The rehabilitation program shall also
address protection and any necessary reinforcement of the finials on the 401 W. Chapman
Avenue building. The rehabilitation plan shall be submitted to the Planning Division for
review and approval prior to demolition permits.
39. The applicant shall prepare digital photo documentation of the site before demolition of
shed structures and building additions prior to a demolition permit, and then again during
partial demolition prior to the building permits that can be used to both memorialize site
conditions, and also to inform the rehabilitation plan required in Condition of Approval
38 and guide any refinements to that plan. This photo documentation shall be submitted
to the Planning Division.
40. The applicant shall retain the historic bollards on the east elevation of the 401 W. Chapman
Avenue building on either side of the two large bay openings. New windows and roll up
doors shall be installed in a manner that do not disrupt the bollards and are set behind the
bollards.
41. Prior to demolition permits the applicant shall submit updated DPR forms for the subject
property to the Community Development Director reflecting the corrected status of the 112
N. Cypress Street building and the detailed property information discovered in the
preparation of the December 2021 Cultural Resources Assessment and associated August
31, 2022 Addendum.
42. Overhead festoon string lights shall be installed in the paseo to coordinate with the
overhead lighting in the alleyway/paseo across Cypress Street to the east of the project site.
The points of connection for this lighting shall be installed in a manner that does not
damage historic building materials. If connected to the northern elevation of the 401 W.
Chapman building, any penetrations shall be placed in mortar joints.
43. Exterior building-mounted lighting shall be reviewed and approved by the Planning
Division prior to building permits. Any lighting installed on the 401 W. Chapman Avenue
building shall be installed in a manner in which conduit is hidden and wall penetrations are
aligned with mortar joints so as not to damage the historic brick. LED light sources shall
not exceed 3000K.
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44. Prior to building permits, the exterior colors for the addition to 401 W. Chapman Avenue
and 135 N.Atchison Street,and trim elements of the two new infill buildings on N.Cypress
Street shall be reviewed and approved by the Community Development Director or
designee prior to the first building permit for the project.
45. If buried cultural materials are encountered during earthmoving operations associated with
the project, all work in that area shall be halted or diverted until a qualified archeologist
can evaluate the nature and significance of the finds.
46. In the event that human remains are encountered, in accordance with State Health and
Safety Code Section 7050.5 no further disturbance shall occur until the County Coroner
has made a determination of origin and disposition pursuant to Public Resources Code
Section 5097.98. The County Coroner must be notified of the find immediately. If the
remains are determined to be Native American,the County Coroner will notify the Native
American Heritage Commission(NAHC), which will determine and notify a Most Likely
Descendant(MLD). With the permission of the landowner of its authorized representative,
the MLD may inspect the site of the discovery. The MLD shall complete the inspection
within 48 hours of notification by the NAHC. The MLD will have the opportunity to offer
recommendations for the disposition of the remains.
47. Prior to building permits, the applicant shall demonstrate to the satisfaction of the
Community Development Director that all mechanical and air conditioning equipment
shall be shielded and screened from view from adjacent streets and properties. The
screening shall be integrated architecturally with the building and painted to match the
walls of the building.
Fire:
48. 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 permits.
49. Buildings identified as 1,2, and 3 on the plans included as Attachment 3 to the October 17,
2022, Planning Commission staff report are required to be protected by an automatic fire
sprinkler system installed in accordance with NFPA 13 as required by the City of Orange
Ordinance 9-19. Fire sprinklers shall be incorporated into construction documents for
review and approval by the Fire Department prior to building permits.
50. A fire department connection(FDC)for each building shall be included in the fire sprinkler
system design for review and approval by the Fire Department prior to building permits.
The following requirements are applicable to the new structures and must be considered
relative to the installation of the fire sprinkler system. Additionally, the information must
be shown on the Site Plan.
a. The FDC shall not be affixed to the building;
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b. The FDC shall be located at least 40 feet away from the building;(with an exception
for Building 1 to install at the corner of Chapman/ Atchison) Combination
backflow/FDCs for buildings 2 & 3, may be placed in lieu of the water feature on
Cypress St, at courtyard entry. FDC for Building 1 is required to be at corner of
Chapman& Atchison.
c. The FDC shall be located on the address side of the building; (Buildings 2 and 3 as
identified on the plans provided as Attachment 3 to the October 17, 2022, Planning
Commission packet will require addressing off Cypress).
d. The FDC shall be located within 40 feet of a hydrant on the same side of the street
as the hydrant; (see items a and b above)
e. The location of the FDC shall be approved by the Fire Department.
f. Show the location of the double-check backflow prevention assembly for each
building or if only providing one supply for both buildings.
51. The architectural, civil and landscape drawings shall be coordinated such that information
relative to fire access roadway widths, required vertical clearances and location of fire
protection devices (FDCs, BFDs and fire hydrants) are shown in a similar manner.
Coordination shall be verified by the Fire Department prior to building permits.
52. For the 401 W. Chapman Avenue building,only the main door may be permitted to remain
inwards swinging as long as remaining exits provide required egress means. Remaining
doors are currently swinging in an outward direction over the public way. If that is not
acceptable for encroachment,then those exits will be required to be recessed to allow exit
to swing in path of egress travel. The Fire Department will evaluate this condition further
during plan check and confirm prior to building permits. Occupant load of the mezzanine
and accessory area shall be included in total occupant load and exit analysis.
53. The FDC/backflow prevention device for the historic 401 W. Chapman Avenue building
will be required at the corner of Chapman/Atchison. This representation of this device on
construction documents shall be confirmed by the Fire Department prior to building
permits.
54. Buildings 2 and 3 as depicted on the project plans included as Attachment 3 to the October
17, 2022, Planning Commission staff report may be supplied by one backflow from
Atchison, with a run from source between the buildings, where each building will be
supplied with a PIV and FDC,facing Cypress,in place of the water feature.The alternative
to this would be to provide a backflow and FDC for each building on the Cypress side at
the same location. This shall be verified by the Fire Department prior to building permits.
55. Outdoor dining area patio cover will be required to be provided with fire sprinklers. This
shall be incorporated into construction documents and verified by the Fire Department
prior to building permits.
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Police:
56. Prior to building permits,the project shall comply with the requirements of OMC Chapter
15.52 (Building Security Standards), which relates to hardware, doors, windows, lighting,
etc. Approved structural drawings, if any, shall include sections of the security code that
apply. Specifications, details, or security notes may be used to convey the compliance.
57. Security and design measures that employ Defensible Space concepts shall be utilized in
development and construction plans. These measures incorporate the concepts of Crime
Prevention through Environmental Design (CPTED), which involves consideration such
as placement and orientation of structures, access and visibility of common areas,
placement of doors, windows, addressing and landscaping.
58. Prior to building permits,a photometric study shall be reviewed and approved by the Police
Department. A minimum of one foot candle shall be maintained on all surfaces of the
parking lot,from dusk until the termination of business every operating day. The applicant
shall ensure that lighting on the site shall be directed, controlled, and screened in such a
manner so as to refrain from shining directly on surrounding properties.
59. Prior to certificate of occupancy, the applicant shall schedule a light reading inspection
with the Crime Prevention Bureau. The lighting shall be tested and confirmed to determine
if the lighting meets or exceeds the exterior boundary standards. The applicant shall use
shielding so as to ensure that the light standards meet the requirements of OMC Section
17.12.030 for the areas beyond the property's exterior boundaries; light spillage or
pollution to surrounding residential areas shall not exceed a maintained minimum of 0.5
foot-candle.
Traffic:
60. Prior to building permits, Transportation System Improvement Program fees shall be paid
in coordination with the City Traffic Engineer or designee.
Subdivision:
61. Prior to grading permits a parcel map shall be submitted for review and approval of the
Public Works Department in coordination with the Planning Division showing an easement
for the pedestrian paseo.
62. Prior to the first certificate of occupancy, a parcel map shall be prepared and recorded and
is required to merge all the lots into one parcel.
63. Provide certification from the Land Surveyor showing required monumentation was
completed. Monuments shall be set based on a field survey.
64. Plan preparation and submittal for plan check shall be per Development Services guidelines
and checklist. See the "Grading Permit Plans Preparation Guidelines and Checklists"
available on the City website.
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65. All works within public right-of-way and public utility easements will require
encroachment permits,including sidewalk and driveway constructions and utility main and
lateral constructions. Encroachment permits shall be obtained prior to grading permits.
66. All public infrastructures, including street sections, sidewalk,driveway apron, and utilities
shall comply with City of Orange Standard Plans and Specifications.
67. Prior to certificate of occupancy, the applicant shall remove unused driveway approaches
and restore them to full height curb and gutter, including any sidewalk restoration at the
driveway apron.
68. Prior to grading permits, all driveway approaches shall conform to ADA standards for
wheelchair access and to Public Works Standard Plans 115 and 116.
69. Prior to the first certificate of occupancy, all existing sidewalk access ramps shall be
reconstructed for ADA compliance per City Std Plan 121 Type 1.
70. Prior to certificate of occupancy, the applicant shall repair any cracked, uneven, or
damaged public sidewalk, curb and gutter along property frontages.
71. Prior to certificate of occupancy, all landscaping shall include the installation of root
barriers on the sidewalk side of tree, or where conditions warrant the installation of Deep
Root box as directed by the Community Services Department.
72. Prior to certificate of occupancy,the applicant shall install new streetlights on N. Atchison
Street consistent with the City's Old Town Street Light standards. Please contact Medel
Llanes at(714) 744-5535 for further details.
73. Prior to certificate of occupancy, the sanitary sewer system connecting from the buildings
to the public mainline shall be private and maintained by the property owner.
74. Prior to grading permits,the applicant shall submit a grading plan in compliance with City
standards for review and approval by the Public Works Director. All grading and
improvements on the subject property shall be made in accordance with the Manual of
Grading and Standard Plans and Specifications to the satisfaction of the Public Works
Director. The applicant may be required to include Phased Erosion and Sediment control
Plans, Site Demolition Plan, and Utility Plan as parts of the grading plan.
75. Prior to grading permits, plans preparation and submittals shall be per Development
Services Plan Preparation Guidelines and Checklist,and Checklist for Submittal Packages.
76. Prior to grading permits, a geotechnical report shall accompany the grading plan review.
77. Prior to grading permits, a sewer capacity analysis shall be submitted for review.
78. Prior to grading permits, a drainage assessment letter shall be submitted for review.
Resolution No. 11421 13
79. Prior to grading permits,upon submittal of grading plan for plan check,the applicant shall
make a deposit to cover plan check and inspection services related to the grading activities.
80. Grading plans shall indicate the ground immediately adjacent to foundations shall have a
minimum slope of 2%for impervious surfaces,and 5%for impervious surfaces. This shall
be verified by the Public Works Department prior to grading permits.
81. Grading plan shall indicate the volume of earthwork involved with site grading. This shall
be verified by the Public Works Department prior to grading permits.
82. The contractor shall obtain a grading permit from Public Works Department prior to start
of any site demolition, clearing and grubbing, and grading.
83. Any soil imported or exported shall require a Transportation Permit from Public Works
Traffic Division.
84. The grading plan shall detail all of the locations where retaining walls will be constructed.
Geometric detail of retaining walls shall be shown on the grading plan, including material
type, dimensions, backfill, and subdrains. A building permit is also required for retaining
walls over 4 feet in height measured from the bottom of the footing to the top of the wall
prior to construction. Structural details and design calculations shall be submitted as a
separate document and will be reviewed and permitted by City Building Division.
85. Any grading outside of the owner's property boundary shall require the applicant to either
obtain a temporary construction easements or permission by adjacent property owners in a
form suitable to the Public Works Director.
86. The property owner shall maintain in good condition, all on-site driveways where heavy-
duty trucks would travel.
87. Prior to grading permits, trash receptacle locations and details shall be included on the
grading plan. The trash storage area shall be constructed per Public Works Department
Standard Plan 409.
88. Prior to grading permits, the applicant shall show all sewer and storm drain lines on the
grading plan. Other utility lines, such as water lines, may also be shown on the grading
plan for reference.
89. Prior to grading permits, the applicant shall show all structural BMPs for water quality
purposes on the grading plan. Water quality features shown on the grading plan shall match
the Water Quality Management Plan(WQMP).
90. Prior to grading permits, and prior to building foundation construction, a Certificate Letter
of Line and Grade shall be submitted to Public Works Construction Inspector
demonstrating that the site grading and pad elevation are completed according to the
grading plan.
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91. Utilities serving the development, such as electric, cable television, street lighting and
communication shall be installed underground,completed and approved by the appropriate
utility provider prior to the final certificate of occupancy.
92. Prior to building permits, the applicant shall submit an address number request, including
an addressing plan,to the Public Works Department for review and approval. The building
closest to the street frontage shall have the lowest address number. Any buildings not clear
in sight from the street shall be identified with an illuminated address sign placed in the
front.
Water Division:
93. Prior to building permits, the applicant shall submit improvement plans to the Water
Division for review and approval for any new fire hydrants, domestic water services, fire
services,landscape services,and any other proposed improvements or relocations affecting
the public water system facilities.
94. Prior to building permits, the applicant shall be responsible for the installation and/or
relocation of the proposed or existing public water system facilities to a location and of a
design per the improvement plans approved by the Water Division.
95. Prior to certificate of occupancy, the applicant shall be responsible for the installation of
necessary fire hydrants and fire services as approved by the Fire Department and Water
Division.
96. Prior to building permits, the Water Division shall approve the type and location of
landscaping and fire service (backflow prevention) device for proposed City services.
97. Prior to building permits, construction documents shall show that a 6-foot minimum
horizontal clearance and a 1-foot minimum vertical clearance would be maintained
between City water mains, laterals, services, meters, fire hydrants and all other utilities
except sewer. The Water Division shall review and approve the construction documents.
98. Prior to building permits, construction documents shall show that an 8-foot minimum
clearance is provided between City water mains, laterals, services, meters, fire hydrants,
signs,or trees or other substantial shrubs and plants as required by the Water Division. The
Water Division shall review and approve the construction documents.
99. Prior to building permits,construction documents shall show that permanent signs,awning,
surface water quality management features or other structures are not built over water
mains, laterals, services, meters, or fire hydrants as required by the Water Division.
100. Prior to building permits, construction documents shall show that each building will be
metered separately unless otherwise approved by the Water Division.
101. Prior to building permits for the first phase of work, the applicant shall be responsible for
obtaining approval all of the necessary encroachment permits from affected agencies for
all public water construction work.
Resolution No. 11421 15
102. Prior to approval of a water improvement plan, the applicant shall satisfy all water main
connection, plan check, and inspections charges as determined by the Water Division.
103. Prior to grading permits, the applicant shall construct all public and/or private
improvements to the satisfaction of the Water Division. The applicant may be required to
enter into an agreement with the City 8, and post security in a form and amount acceptable
to the City Engineer and/or Water Division to ensure construction of said improvements.
104. 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 its plans with the
consultant preparing the fire suppression plans and/or fire master plan so that their designs
concur.
105. Plans submitted during plan check shall show that the minimum separation requirements
are met and that each of the various designer's plan sets match. The applicant's consultant
preparing the improvement and utility plans shall coordinate its 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.
106. At least 14 calendar days prior to commencing construction,the applicant's civil engineer
shall prepare and provide product material submittals consistent with the water
improvement plans for all proposed public water system facilities to the Water Division
per the City of Orange General Water Construction Notes for review and approval.
107. Prior to 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.
108. The applicant shall submit detailed plans depicting all existing water features and proposed
water improvements for review and approval by the Water Division prior to building
permits.
109. The applicant shall specify the disposition of all existing water services. All unused
services shall be abandoned per Water Division standards. This shall be confirmed by the
Water Division prior to building permits.
110. Water backflow prevention devices shall be located on the private property and not on the
public sidewalk/right-of-way.
111. Separate services will be required for domestic, landscape, and fire. Each service will have
its own separate connection to the mainline. This shall be represented on construction
documents prior to building permits.
112. All services will require a lead-free City Water Division approved backflow prevention
device that shall be installed immediately behind the meter in the nearest softscape that is
immediately in or behind the sidewalk or up against the exterior building wall behind the
sidewalk. Maintain clearance around all backflow prevention devices for access and
Resolution No. 11421 16
testing. This shall be represented on construction documents prior to the building permits.
Access and testing shall be verified prior to the first certificate of occupancy.
113. The applicant shall be responsible for all parkway/sidewalk repairs after meter is installed.
Repairs shall be completed prior to the first certificate of occupancy.
114. The applicant shall be responsible for all concrete street repairs on N. Cypress Street.
Repairs shall be completed with appropriate City permits and in accordance with City
standards and specifications prior to the first certificate of occupancy.
Water Quality:
115. Prior to grading permits the applicant shall submit a Priority Project WQMP for review
and approval to the Public Works Department that:
a. Prioritizes the use of Low Impact Development principles as follows: preserves
natural features; minimizes runoff and reduces impervious surfaces; and utilizes
infiltration of runoff as the method of pollutant treatment. Infiltration BMPs to be
considered include the use of permeable materials such as concrete and concrete
pavers, infiltration trenches, infiltration planters, and other infiltration BMPs as
applicable;
b. Incorporates the applicable Site Design, Routine Source, Structural Control and Low
Impact BMPs as defined in the Model WQMP and Technical Guidance Document;
c. Maintains the hydrologic characteristics of the site by matching time of concentration,
runoff, velocity, volume and hydrograph for a 2-year storm event;
d. Minimizes the potential increase in downstream erosion and avoids downstream
impacts to physical structures, aquatic and riparian habitat;
e. Generally describes the long-term operation and maintenance requirements for
structural and Treatment Control BMPs;
f. Identifies the entity or employees that will be responsible for long-term operation,
maintenance,repair and or replacement of the structural and Treatment Control BMPs
and the training that qualifies them to operate and maintain the BMPs;
g. Describes the mechanism for funding the long-term operation and maintenance of all
structural and Treatment Control BMPs;
h. Includes a copy of the forms to be used in conducting maintenance and inspection
activities;
i. Meets recordkeeping requirements (forms to be kept for 5 years);
Resolution No. 11421 17
j. Includes a copy of the form to be submitted annually by the project owner to the Public
Works Department that certifies that the project's structural and treatment BMPs are
being inspected and maintained in accordance with the project's WQMP.
116. Prior to certificate of occupancy,the applicant shall demonstrate the following to the Public
Works Department:
a. That all structural and treatment control 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.
117. Prior to certificate 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.
118. Prior to building permits,the applicant shall review the approved WQMP and grading plan
to ensure the structure's downspouts or drainage outlet locations are consistent with those
documents. Copies of the building or architectural plans specifically showing the
downspouts and drainage outlets shall be submitted to the Public Works Department for
review.
119. The project applicant shall maintain all structural, treatment and low impact development
BMPs at the frequency specified in the approved WQMP. Upon transfer of ownership or
management responsibilities for the project site,the applicant shall notify the Public Works
Department of the new person(s) or entity responsible for maintenance of the BMPs.
120. Prior to City approval of the landscape plans, the applicant shall review the approved
WQMP and ensure the proposed landscape plans are consistent with the project grading
plans. The plans must show any proposed storm water treatment BMPs such as
bioretention planters, drywells, permeable pavers, or any other proposed surface water
quality BMPs.
ADOPTED this 15th day of November 2022.
74/
Mark . Murphy, Mayor, Ci' of 1 ., ge
SAT T:
Pamela Coleman, City Clerk, City of Orange
Resolution No. 11421 18
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ORANGE
I, PAMELA,COLEMAN, 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 an Adjourned Regular Meeting thereof held on the 15th day of November 2022, by the
following vote:
AYES: COUNCILMEMBERS: Nichols, Dumitru, Tavoularis, and Murphy
NOES: COUNCILMEMBERS: Barrios, and Gutierrez
ABSENT: COUNCILMEMBERS: Monaco
ABSTAIN: COUNCILMEMBERS: None
Pamela Coleman, City Clerk, City of Orange
Resolution No. 11421 19