Orange City Council
November 15, 2022

RESOLUTION NO. 11288

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE ADOPTING SUBSEQUENT
MITIGATED NEGATIVE DECLARATION NO.
1865-19 AND ASSOCIATED MITIGATION

MONITORING AND REPORTING PROGRAM,
AND APPROVING TENTATIVE TRACT MAP NO.
0049-19, MAJOR SITE PLAN REVIEW NO. 0969-19,
AND DESIGN REVIEW NO. 4969-19 TO
REDEVELOP AN EXISTING 2.9-ACRE MULTI-

TENANT COMMERCIAL SHOPPING CENTER
SITE WITH 32 TWO-STORY DETACHED

RESIDENTIAL CONDOMINIUM UNITS AND

RELATED SITE IMPROVEMENTS LOCATED AT
1997 NORTH ORANGE OLIVE ROAD AND 301-347
EAST GROVE AVENUE.

APPLICANT: DAVID COHEN
Subsequent Mitigated Negative Declaration (MND) No. 1865-19, Tentative Tract Map No. 0049-19, Major Site Plan Review No. 0969-19, and Design Review No. 4969-19 pertaining to the redevelopment of an existing 2.9-acre multi-tenant commercial shopping center site with 32 two-story detached residential condominium units and related site improvements located at 1997 North Orange Olive Road and 301-347 East Grove Avenue; and WHEREAS, applications for Subsequent MND No. 1865-19, Tentative Tract Map No. 0049-19, Major Site Plan Review No. 0969-19, and Design Review No. 4969-19 were filed by David Cohen in accordance with the provisions of the OMC; and WHEREAS, Subsequent MND No. 1865-19, Tentative Tract Map No. 0049-19, Major Site Plan Review No. 0969-19, and Design Review No. 4969-19 were processed in the time and manner prescribed by state and local law; and
WHEREAS, Subsequent MND No. 1865-19 was prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) and concluded that potential environmental impacts of the proposed project related to Biological Resources, Cultural Resources, Geology and Soils, Noise, and Tribal Cultural Resources would be less than significant with the incorporation of mitigation measures; and WHEREAS, a Notice of Intent to Adopt Subsequent MND No. 1865-19 was circulated for public review and comments for 30 days as required by CEQA, with the comment period beginning August 13, 2020, and ending September 14, 2020; and WHEREAS, the City's interdepartmental Streamlined Multidisciplinary Accelerated Review Team (SMART) conducted reviews of the project on August 14, 2019, March 25, 2020, July 1, 2020, and on August 5, 2020, and recommended the applications proceed to the Design Review Committee, subject to specified conditions; and
WHEREAS, on September 16, 2020, the City's Design Review Committee reviewed the project and recommended approval to the Planning Commission, subject to specified conditions, by a 5-0 vote; and
WHEREAS, on November 2, 2020, the Planning Commission reviewed the project at a duly advertised public hearing, considered any public comments, and recommended approval to the City Council, subject to specified conditions, by a 5-0 vote; and WHEREAS, the City Council conducted a duly advertised public hearing on December 8, 2020, at which time interested persons had an opportunity to testify either in support of or in opposition to Subsequent MND No. 1865-19, Tentative Tract Map No. 0049-19, Major Site Plan Review No. 0969-19, and Design Review No. 4969-19 upon property described as follows:

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY

OF ORANGE, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THAT PORTION OF LOT 16 OF THE FLETCHER TRACT, IN THE CITY OF

ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 320 OF MISCELLANEOUS RECORDS, IN

THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE EAST LINE OF LOT 16 OF SAID FLETCHER TRACT, SOUTHERLY 515.50 FEET FROM THE NORTHWEST CORNER OF LOT 17 OF SAID FLETCHER TRACT; THENCE SOUTH 89 WEST 701.14 FEET TO THE EASTERLY LINE OF THE ATCHISON,
TOPEKA AND SANTA FE RAILWAY 50.00 FOOT RIGHT OF WAY;
THENCE SOUTHWESTERLY 313.90 FEET ALONG SAID RIGHT OF WAY

TO THE NORTHWESTCORNER OF LANDS NOW OWNED OR
FORMERLY OWNED BY C. COLLINS; THENCE EASTERLY 787.35 FEET

ALONG THE NORTH LINE OF SAID LAND TO THE EAST LINE OF SAID LOT 16; THENCE NORTHERLY 301.90 FEET ALONG EAST LINE TO THE POINT OF BEGINNING. EXCEPT THE EAST 190 FEET THEREOF, ALSO

EXCEPT THE LAND DESCRIBED IN DEED TO THE CITY OF ORANGE, RECORDED MARCH 21, 1963 IN BOOK 6475, PAGE 829 OF OFFICIAL

RECORDS, SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK 26, PAGE 17 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 374-431-17
Resolution No. 11288 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby adopts Subsequent MND No. 1865-19, and approves Tentative Tract Map No. 0049-19, Major Site Plan Review No. 0969-19, and Design Review No. 4969-19 to redevelop an existing

2.9-acre multi-tenant commercial shopping center site with 32, two-story detached residential condominium units and related site improvements, located at 1997 North Orange Olive Road and 301-347 East Grove Avenue, based on the following findings:

SECTION 1 - FINDINGS
General Plan Finding:

The project must be consistent with the goals and policies stated within the City's General Plan.

The proposed project is consistent with the goals and policies stated within the City's General Plan in that the project will enhance and promote the quality of life in the community by supporting and enhancing diverse living environments. The proposed zone change from C-1 to R-3 (SP) brings the site's zoning into compliance with its Low Medium Density Residential General Plan land use designation. The zone change would rectily an existing General Plan and zoning inconsistency and the proposed development of the site for residential use would implement the land use vision outlined in the General Plan Land Use Element. The project is also consistent with other General Plan goals and policies including:

Land Use Element Goal 1.0: Meet the present and future needs of all residential and business sectors with a diverse and balanced mix of land uses.

Land Use Policy 1.2: Balance economic gains from new development while preserving the character and densities of residential neighborhoods.

Land Use Policy 1.3: Provide a range of housing densities and types to meet the diverse needs and lifestyles of residents.

Land Use Policy 1.4: Ensure that new development reflects the existing design standards, qualities, and features that are in context with nearby development.

Housing Element Policy Action 7: Facilitate infill construction.

Urban Design Element Goal 6.0: Encourage contextually appropriate infill development projects and property renovations.

Subsequent MND Finding:

There are no required findings for the Subsequent MND. The City Council finds that the Subsequent MND adequately analyzes the environmental effects of the proposed project and is the appropriate CEOA compliance document because it concludes that the project has the potential to cause significant environmental impacts, but mitigation measures Resolution No. 11288 3
have been incorporated and required to reduce environmental impacts to a less than significant level.

Tentative Tract Map Findings:

The proposed division of land complies with all requirements of the Subdivision Map Act and Title 16, Subdivisions, of the Orange Municipal Code, and all other resolutions and ordinances of this City, including, but not limited to, requirements concerning area, improvements and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, public safety facilities and environmental protection.

The proposed tentative tract map for condominium purposes complies with the requirements of the Subdivision Map Act and OMC Title 16, Subdivisions, and all other resolutions and ordinances of this City. Further, the tract map for condominium purposes is proposed in order to establish "common" versus "exclusive use areas" for proposed residential development on a paved site currently used as a multi-tenant commercial shopping center. Site planning requirements related to area, improvements and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, public safety facilities and environmental protection have been addressed either via project design components shown on the proposed plans or through conditions of approval. The project, therefore, meets this finding.

Major Site Plan Review Findings:

1. The project design is compatible with surrounding development and neighborhoods (OMC 17.10.060. H.1).

The project site is located in a transitional area of the City which contains a mix of single-family and multifamily residential uses as well as commercial and industrial development. The proposed detached single-family condominium product type (proposed at a density of 11 dwelling units per acre) is consistent with the density allowed by the General Plan (which allows for 6 to 15 dwelling units per acre on the site). The proposed density and the detached single-family product type provide a transition between the traditional single family neighborhoods to the east of the site and the denser multifamily and apartment developments in the vicinity. Further, the two-story building height, the careful placement of second story windows and strategic landscaping adjacent to other residential uses, and the high quality design and materials that are proposed also contribute to a project design that is compatible with the surrounding area. The project, therefore, meets this finding.

2. The project conforms to City development standards and any applicable special design guidelines or specific plan requirements (OMC 17.10.060.H.2).

The project includes an amendment to the previously adopted Orange Olive Specific Plan boundaries to incorporate the proposed project into the Specific Plan area. The Specific Resolution No. 11288 4
Plan establishes site-specific development standards. With the approval of the subject zone change and associated Amendment to the Orange Olive Specific Plan, the project WIll comply with applicable development standards. The project, therefore, meets this finding. There are no design guidelines applicable to the project.

3. The project provides for safe and adequate vehicular and pedestrian circulation, both on- and off-site (OMC 17.10.060.H. 3).

This project was reviewed by the City's interdepartmental staff review committee (SMART) and vehicular and pedestrian circulation, both on and off-site, were found to be sate and adequate. The project proposes to take access from East Grove Avenue via a two-way driveway that complies with City standards. The driveway connects to internal private roads that have been designed to provide for adequate circulation and turning movements for City emergency vehicles. In addition, five-foot wide sidewalks are proposed on both sides of the entry drive as well as interior Road B to allow for internal pedestrian movement as well as a pedestrian connection to the East Grove Avenue sidewalk network. The design of the vehicular and pedestrian network for the site supports the goals and policies of the Circulation & Mobility Element of the General Plan which focus on achieving safe and comprehensive circulation that sustains quality of life in Orange neighborhoods. The project, therefore, meets this finding.

City services are available and adequate to serve the project (OMC 17.10.060.H.4).

The project was reviewed by the City's interdepartmental staff review committee (SMART) and City services were found to be sufficient to serve the project. The project is an infill development located on a site that is already developed as a multi-tenant shopping center in an area of the City that is essentially built out. As such, City services are already available in the area to serve the site. The project, therefore, meets this finding.

5. The project has been designed to fully mitigate or substantially minimize adverse environmental effects (OMC 17.10.060.H.5).

Subsequent MND No. 1865-19 analyzes the environmental impacts of the project and requires mitigation measures related to Biological Resources, Cultural Resources, Geology and Soils, Noise, and Tribal Cultural Resources. These mitigation measures reduce the environmental effects of the project to a less than significant level. The project, therefore, meets this finding. The Mitigation Monitoring and Reporting Program is included as Attachment 1 to this Resolution.

Design Review Findings:

1. 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.F.3).

Resolution No. 11288 5
The surrounding community is characterized by a mix of land use types and design styles with no specific architectural theme. The Specific Plan design guidelines and related architecture and landscape design of the proposed project will revitalize the neighborhood by replacing an existing, dated one-story commercial shopping center and surface parking lot with a distinctive, contemporary residential development that is in scale and integrates with the surrounding development along Orange Olive Road and East Grove Avenue. The project provides different architectural style types and each incorporate design elements and materials inspired by Irving Gill architecture, including light stucco finish, combination of hip, flat, and shed roof forms, unique window arrangements and details, arched openings, use of trim and siding, and façade plane changes to add visual interest. Sidewalks and landscaping within the development create a streetscape scene that further supports the design. Streetscape enhancements along North Orange Olive Road and East Grove Avenue provide an appealing pedestrian friendly environment and linkage to the adjacent Shaffer Park. This project presents a unifying theme and results in a high quality, internally consistent design that is compatible with the eclectic mix of styles in the surrounding area.

Further, the project involves a zone change and amendment to the previously adopted Orange Olive Specific Plan boundaries to incorporate the proposed project into the Specific Plan area. The Orange Olive Specific Plan outlines site-specific development standards and the proposed Phase II project design complies with the standards outlined in the Orange Olive Specific Plan. The introduction of 32 residences and associated site improvements would also be compatible with the already developed Phase I project site of the Orange Olive Specific Plan. The project, therefore, meets this finding.

SECTION 2 - ENVIRONMENTAL REVIEW
Because changes outside the scope of the Phase I project were not covered in the original MND adopted in 2015, Subsequent MND No. 1865-19 has been prepared for this project to evaluate the potential environmental impacts of this project in accordance with the provisions of CEQA per State CEQA Guideline 15070 and in conformance with the Local CEQA Guidelines. The Subsequent MND concludes that the project will have less than significant impacts on the environment with the implementation of mitigation measures related to Biological Resources, Cultural Resources, Geology and Soils, Noise, and Tribal Cultural Resources. In addition, a Mitigation Monitoring and Reporting Program has been prepared and is included as Attachment 1 to this Resolution.
• The 30-day public review period was August 13, 2020 through September 14, 2020. The Subsequent MND was made publicly available at the Community Development Department, City Clerk's office, and the City's website. A Notice of Intent (NOI) to Adopt a Subsequent MND was filed with the Orange County Clerk Recorder, posted at the site in two locations, mailed to 102 property owners and tenants within a 300-foot radius of the project site and potentially affected cities, public agencies, and utility service providers, and published in the Orange City Newspaper on August 13, 2020.

Staff received eleven written comment letters during the public review period and prepared responses addressing environmental comments, included within Subsequent MND No. 1865-19.

Resolution No. 11288 6
SECTION 3- CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed:

General:

Project approval is subject to City Council approval of Zone Change No. 1274-19 to change the zoning from Limited Business (C-1) to Residential Multifamily-Specific Plan [R-3 (SP)] and associated Amendment to the Orange Olive Specific Plan.

2. All project mitigation measures identified in Subsequent MND No. 1865-19 and in the ssociated Mitigation Monitoring Reporting Program, included as Attachment 1 to thi esolution, shall be incorporated as conditions of approval and shall be implemented a These conditions shall be reprinted on the second and third pages of the construction documents when submitted to the Building Division for the plan check process.

The project shall conform in substance and be maintained in general conformance with plans and exhibits (Attachment 12 in the staff report, date stamped received October 6, 2020), including modifications required by the conditions of approval, and as recommended for approval to the City Council.

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 or designee (Director) for approval. If the 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 Director may approve the changed plan administratively.

Subsequent modifications to the approved architecture and color scheme shall be submitted for review and approval to the Director. 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 approved by the Planning Commission and/or Design Review Committee as determined by the Director.

8. 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 Resolution No. 11288
negligence. The City shall promptly notify the applicant of any such claim, action, or proceedings and shall cooperate fully in the defense.

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.

10. Building permits shall be obtained for all future construction work, as required by the Community Development Department's Building Division. Failure to obtain the required building permits will be cause for revocation of this permit.

11. Prior to building permit issuance, the applicant shall obtain approval from the Planning Division for any and all signage associated with the proposed project.

12. If not utilized, project approval expires twenty-four 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 two years of the original approval.

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 other 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. Prior to issuance of certificate of occupancy, the applicant shall contact the Orange Police Crime Prevention Bureau and schedule an appointment on-site to test all lighting to ensure it meets OMC standards. Light spillage or pollution onto surrounding residential areas shall not exceed a maintained minimum of 0.5 foot-candle.

16. Prior to building permit issuance, the applicant shall demonstrate to the satisfaction of the 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.

17. Prior to building permit issuance, all required parking spaces shall be shown on construction documents as doubled striped to City standards at the time of approval.

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) Resolution No. 11288 8
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 permit issuance, 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 permit issuance, the applicant shall pay any outstanding monies due to the City for Planning Division entitlement activities related to this project.

Prior to building permit issuance, construction documents shall show that all structures comply with the requirements of OMC Chapter 15.52 (Building Security Standards) which includes, but is not limited to: hardware, doors, windows, and lighting.

Specifications, details, or security notes may be used to convey compliance.

22. Any graffiti shall be removed within 72 hours from the time the City Notice of Violation is received by the applicant/property owner.

23. Prior to building permit issuance, the applicant shall identify the precise location of existing walls proposed for demolition, if applicable. If the location of the existing wall slated for demolition is wholly or partially upon an adjacent property, the applicant shall secure the property owners) approval to demolish and replace the wall. The applicant will be responsible for any site repairs to walls damaged through demolition activity.

24. Prior to building permit issuance, 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 and Community Services Director.

25. The CC&Rs shall contain enforceable restrictions prohibiting storage of trash bins on the private street and within parking spaces. CC&Rs shall also require a 20 feet by 20 feet inside clear area in each garage to be maintained at all times for its intended use as vehicle parking. CC&Rs shall contain enforceable restrictions to ensure guest parking remains available for and is used by guests. The CC&Rs shall also contain enforceable restrictions that prohibit parking in fire access areas. The CC&Rs shall contain a provision that the Fire Chief can, at his/her discretion, require further street markings tor fire lanes (including red curbing) if signage fails to keep fire lanes clear of vehicles or other obstructions. Any changes to the CC&Rs shall require written approval by the City Manager.

26. Should parking issues arise on the site or the surrounding neighborhood, the applicant shall work with the Community Development Department to resolve any issues. If such issues are not resolved to the City's satisfaction, the land use applications shall be Resolution No. 11288 9
presented to the Planning Commission for its consideration of further conditions, and/or modifications.

27. Prior to building permit issuance, the CC&Rs shall indicate that each unit is to maintain 120 cubic feet of storage within the garage and outside of the 20 feet by 20 feet inside clear area, as shown on the submittal floor plans.

28. Prior to approval of the Final Map, the Final Tract Map shall dedicate to the City and its assigns, and the City shall approve the method and language of the dedication, the right to enter the private streets and driveways for the maintenance of public utilities (if any), emergency access, trash collection, and for any other reasons stated in the dedication mechanism.

29. Landscaping shall be maintained so as to not interfere with lighting or addressing. All landscape areas shall be maintained in a neat and healthy condition. Should the plant material die, it shall be replaced at the earliest time with similar plant material.

30. The project applicant shall maintain all structural, treatment and low impact development Best Management Practices (BMPs) at the frequency specified in the approved Water Quality Management Plan (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.

31. Prior to building plan check submittal, the applicant shall indicate on the plans where the special glazing required by the MND for sound attenuation occurs.

Design Review Committee:

32. The upstairs deck on Lot 25, Plan 3D shall have a 60-inch privacy wall facing east.

33. Prior to building plan check submittal, the applicant shall indicate on the plans that second story east facing windows on Lots 25, 26, 28, and 30 shall have diffused glass.

The second story master bathroom and vestibule windows on Lots 27 and 29 shall be diffused glass, and the master bedroom windows are to be either diffused or split and placed in the corners of the room.

34. Prior to building permit issuance, the landscape plans shall show the Italian Cypress trees along the east property line placed at eight-foot centers where screening is needed for Lots 27 and 29.

35. Prior to building permit issuance, the CC&R's shall stipulate the maintenance of the trees along the east property line for Lots 25 through 30 to retain visual screening of neighboring properties. Trees (Brisbane Box and Italian Cypress) and landscape material along the east property line shall be maintained by the property owner in perpetuity in a neat and healthy condition. Dead trees and landscape material shall be replaced by the property owner with a similar plant material at the earliest feasible time.

Resolution No. 11288 10

36. The HOA shall maintain irrigation for trees along the east property line.

Community Services:

37. Prior to certificate of occupancy, the project shall provide proper signage discouraging park patrons from parking on the project site.

38. No project construction parking will be permitted at Shaffer Park.

39. Prior to building permit issuance, the final landscape plan shall be reviewed and approved by the Public Works Director when landscaping is proposed within the public right-of- way and/or the project is constructing Storm Water Quality BMPs in landscaped areas.

40. Prior to building permit issuance, final landscaping plans for the project shall be designed to comply with the City's Water Efficient Landscape Guidelines as described in Section IX of the City of Orange Landscape Standards and Specifications.

41. Prior to building permit issuance, the final landscape plan shall include a note that a fully automated irrigation system will be provided

42. Prior to building permit issuance, City-required irrigation and landscape inspection notes shall be placed on the final landscape plan, to the satisfaction of the Community Services Director.

43. Prior to building permit issuance, a Tree Removal Permit shall be approved by the Community Service Director in accordance with the City's Tree Preservation Ordinance.

A plan is required for submittal to the City depicting all of the existing on-site trees, the species of each tree, and the number of trees proposed for removal and replacement.

44. Prior to building permit issuance, landscape plans shall include landscape area calculations needed for State landscape water use reporting.

45. Prior to certificate of occupancy, all parking lot and landscaping improvements shall be completed according to the approved plans and to the satisfaction of the Director.

Fire:

46. Plans submitted for building plan review shall comply with the California Fire Code as amended by the City and as frequently amended and in effect at the time of application for building permit. Onsite Fire Department access will require easement recording prior to issuance of building permits and shall be reviewed by the Fire Department prior to approval.

47. Fire Department ladder access to all bedroom windows located at the second story and elow, with a minimum 6 feet width for laddering to emergency escape or rescu indows shall be provided, unless it can be shown that laddering operations will no require more than 5 feet width. Balconies or overhangs at or below the rescue opening Resolution No. 11288
shall be considered for compliance. The applicant shall refer to the Orange City Fire Department Fire Master Plan Guideline for specifications.

Police:

48. 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.

49. All residential dwellings shall display a street number in a prominent location on the street side of the residence in such a position that the number is easily visible to approaching emergency vehicles. The numerals shall be no less than four inches in height and shall be of a contrasting color to the background to which they are attached.

Single family dwellings shall have these numerals illuminated during the hours of darkness.

50. Plans submitted for building plan review shall comply with the following lighting requirements:
a. Parking, drive aisles, and access areas from garages to residences shall have 0.75 foot-candle minimum maintained at the ground.
b. Walkways shall have 0.50 foot-candle minimum maintained at ground.

51. 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.

52. Plans submitted for building plan check shall employ a natural surveillance design concept to keep potential criminals and their targets under observation. This includes adjusting building orientation, windows, entrances and exits, parking lots, walkways, and other features to promote casual or more formal oversight of low surveillance areas.

53. Plans submitted for building plan check shall employ a natural access control design strategy directed at decreasing crime opportunity by denying access to targets and creating a perception of risk to offenders. It is also used to prevent public access to private areas. Examples include limiting the number of entrances and exits for better control, and reducing public pathways through private areas.

54. Plans submitted for building plan check shall employ territorial reinforcement design concepts that include attributes that express concerned ownership, including pavement Resolution No. 11288 12
treatments, behavior-regulating signage, public art, fencing, and the continual maintenance of grounds, landscaping, and structures.

55. Plans submitted for building plan check shall incorporate proper design features that support maintenance of the property, including graffiti resistant surfaces, vandal-proof ighting and landscaping selected for easy maintenance.

Subdivision:

Tract Map and Easements

56. Prior to building permit issuance (model homes excluded), the final map and CC&Rs shall be recorded or sale or lease of any unit.

57. Prior to certificate of occupancy, monuments shall be set based on a field survey.

58. Prior to certificate of occupancy, the applicant shall deposit a Monument Bond to insure completion of field survey.

59. Prior to building permit issuance, the CC&Rs shall be subject to a joint review by the Community Development Director, Public Works Director, and City Attorney. The applicant shall be required to pay for the review of the CC&Rs by the Community Development Director, Public Works Director, and City Attorney at the City's hourly billing rate.

60. Prior to building permit issuance, the CC&Rs shall be recorded prior to or at the same time as the final map
Street and Utility Improvements

61. Prior to grading permit issuance, all works within the public right-of-way and public utility easements will require encroachment permits, including sidewalk and driveway constructions, utility main, and lateral and service connections.

62. drive vy aiding, amd ries all bin ily sticures, durange standard sas and, Specifications.

63. Prior to certificate of occupancy, 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.

64. 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.

65. Prior to grading permit issuance, driveway aprons shall conform to Public Works Standard Plan 115 for commercial driveway with ADA accessibility.

Resolution No. 11288 13

66. Prior to grading permit issuance, all private ways shall conform to Engineering Standard Plan 108.

67. Prior to grading permit issuance, all driveway approaches shall conform to ADA standard for wheelchair access conforming to Public Works Standard Plans 115 and 116.

68. Prior to certificate of occupancy, the applicant shall upgrade existing sidewalks to meet current standards along North Orange Olive Road and East Grove Avenue per City of Orange Engineering Standard Plan 118 [Case 1 with concrete slab spanning the full- width of the parkway and tree wells] [Case 2 with 8 feet of landscaping parkway along the street curb and 5 feet of concrete sidewalk behind].

69. Prior to certificate of occupancy, an unobstructed pedestrian access way of 5 feet width shall be maintained at all times for the sidewalk. The unobstructed access shall increase to 6 feet when there is no planting strip between the sidewalk and the street curb.

70. Prior to certificate of occupancy, the applicant shall provide adequate wheelchair accessibility around driveway aprons that do not conform to current ADA standards.

71. Prior to certificate of occupancy, the applicant shall repair any cracked, uneven, or damaged public sidewalk, curb and gutter adjacent to property boundaries.

72. Prior to building permit issuance, 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 shall be required prior to certificate of occupancy, as directed by the Public Works Director.

73. Prior to certificate of occupancy, the applicant shall be required to install new streetlights, or upgrade existing streetlights, along Orange Olive Road and Grove Avenue as required by the Traffic Division. The applicant shall contact Mr. Jimmy Rocha at (714)532-6477 for further details.

74. Prior to certificate of occupancy, the applicant shall be required to install street trees along North Orange-Olive Road, and East Grove Avenue as required by the Public Works Department. The applicant shall contact Tree Services Coordinator, Mr. Micah Jean (714) 532-6470; [email protected].

75. Prior to certificate of occupancy, the applicant shall pay a sewer in-lieu fee to the Public Works Department to cover the fair-share cost of future upgrade of existing substandard or deficient sewer main adjacent to the project limits, or resulting sewer main deficiency caused by sewer generation from the development.

76. Prior to building permit issuance, the applicant shall pay sewer connection fees to the Public Works Department, Subdivision Division in accordance with their regulations and available options.

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77. 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.

Grading

78. Prior to grading permit issuance, the applicant shall submit a grading plan and off-site improvement plan in compliance with City standards for review and approval by the Public Works Director. Plan design, preparation and submittal shall be per Subdivision's Guidelines and Checklists. 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.

79. Prior to grading permit issuance, the applicant shall provide for a minimum of 1-foot freeboard between the finished floor elevation and 100-year storm water surface elevation or public street top of curb.

80. Prior to grading permit issuance, a geotechnical report shall accompany the grading plan review.

81. Prior to grading permit issuance, the contractor shall obtain a grading permit from the Public Works Department prior to start of any site demolition, clearing and grubbing, and grading.

82. Prior to grading permit issuance, any soil imported or exported shall require a Transportation Permit from the Public Works Department, Traffic Division.

83. approved by the City Council and the travel path is subjected to pavement deterioration evaluation.

84. Prior to grading permit issuance, and upon submittal of grading and improvement plans for plan check, the applicant shall submit a deposit to cover plan check and inspection services related to the grading activities.

85. 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 sub drains. A building permit is also required for retaining walls over 3 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 the City Building Division, prior to grading permit issuance.

86. Prior to grading permit issuance, any grading outside of the owner's property boundary shall require the applicant to either obtain temporary construction easements or permission by adjacent property owners in a form suitable to the Public Works Director.

Resolution No. 11288 15

87. Prior to grading permit issuance, trash receptacle locations and details shall be included on the Grading Plan.

88. Prior to grading permit issuance, 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 Grading Plan for reference.

89. Prior to grading permit issuance, the applicant shall show all structural BMPs for water quality purposes on the Grading Plan. Water quality features shown on the Grading Plan must match the WOMP.

90. sitio to eis ate of heavyancy, the poperty draner shall maintain in good condition, al on.

91. Prior to building permit issuance and prior to foundation construction, a Certificate Letter of Line and Grade shall be submitted to the Public Works Construction Inspector demonstrating that the site grading and pad elevation are completed according to the grading plan.

92. Prior to grading permit issuance, a drainage report (hydrology study) per the Orange County Hydrology Manual is required for the project. The Drainage Report shall include hydrology calculations (AES software) for a iO-year and 100-year storm event and shall show flood protection goals for structures and streets per the Orange County Local Drainage Manual. The applicant shall address on site drainage generated by neighboring properties to the east on the civil drawings. The drainage improvements shall demonstrate that captured water is carried to the street on Grove Avenue.

93. A sewer capacity analysis shall be required to ensure that sufficient sewer service can be provided by the public sewer system and that sewer generation by development will not adversely affect sewer main capacity.

Addressing

94. Prior to building permit issuance, the applicant shall submit an address number request, including an addressing plan, to the Public Works Department for review and approval.

95. Prior to certificate of occupancy, the building closest to the street frontage shall have the lowest address number.

96. Prior to certificate of occupancy, for any buildings in the back, not clear in sight from the street, an illuminated address sign shall be placed in the front.

Water Division:

97. Prior to certificate of occupancy, all unused services shall be abandoned per Water Division standards. If existing service will be reused, an approved backflow prevention device shall be installed behind the meter within the nearest soft-scape.

Resolution No. 11288

98. Prior to building permit issuance, 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.

99. 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.
100. Prior to building permit issuance, the Water Division shall approve the type and location of landscaping and fire service (detector check) device for proposed City services. 101. Prior to building permit issuance, construction documents 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. The Water Division shall review and approve the construction documents.
102. Prior to building permit issuance, construction documents shall show that an eight-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. 103. Prior to building permit issuance, 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.
104. Prior to building permit issuance for the first phase of work, the applicant shall obtain all necessary encroachment permits from affected agencies for all public water construction work.
105. 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. 106. Prior to grading permit issuance, 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, and post security in a form and amount acceptable to the City Engineer and/or Water Division to ensure construction of said improvements. 107. Prior to grading permit issuance, 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.
108. 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 Resolution No. 11288 17
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. 109. 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. 110. 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.

Water Quality:
111. Prior to grading permit issuance, 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 Water Quality Management Plan 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); and • Includes a copy of the torm to be submitted annually by the project owner to thi 'ublic Works Department that certifies that the project's structural and treatmen BMPs are being inspected and maintained in accordance with the project's WQMP.

Resolution No. 11288 18
112. 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; and
c. That an adequate number of copies of the project's approved final Project WQMP are available for the future occupants.
113. 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 WOMP 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.
114. Prior to building permit issuance, 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.
115. 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.
116. Prior to grading permit issuance, (including grubbing, clearing, or paving permits) the applicant shall demonstrate that coverage has been obtained under the State's General Permit for Stormwater Discharges Associated with Construction Activity (Construction General Permit for all projects with soil disturbance greater than 1 acre by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and 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.
117. 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 the proposed storm water treatment BMPs such as bioretention planters, drywells, permeable pavers, and any other proposed surface water quality BMP's.

Resolution No. 11288 19
ADOPTED this 8th day of December 2020.

ATTEST:

Panulacoleman
Pamela Coleman, City Clerk, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE

CITY OF ORANGE
LI, 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 a regular meeting thereof held on the 8" day of December 2020, by the following vote:

AYES: COUNCILMEMBERS: Alvarez, Murphy, Nichols, Monaco, Barrios, Dumitru, and Gutierrez
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Panula Coleman
Pamela Coleman, City Clerk, City of Orange
ATTACHMENT: Attachment 1
Resolution No. 11288 20
Attachment 1
(Excerpt from Subsequent Mitigated Negative Declaration No. 1865-19) SECTION 4.0 MITIGATION MONITORING AND REPORTING PROGRAM

4.1 INTRODUCTION
In accordance with the requirements of Section 21081.6 of the California Public Resources Code, and as part of its certification of the adequacy of Final Subsequent IS/MND for the Cohen Property Project, the City Council (Council) of the City of Orange (City) adopts the following Mitigation Monitoring and Reporting Program (MMRP). The Council adopts this MMRP in its capacity as the Lead Agency for Final Subsequent IS/MND in accordance with the provisions of the California Environmental Quality Act (CEQA) (California Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.).

The principal purpose of the MMRP is to ensure that the Council-approved mitigation measures and development requirements for the adopted Project are reported and monitored to ensure compliance with the measures' requirements. In general, City of Orange, Community Development is responsible for overseeing implementation and completion of the adopted measures' requirements. This includes the review of all monitoring reports, enforcement actions, and document disposition, unless otherwise noted in the following MMRP Table 1. If an adopted mitigation measure or requirement is not property implemented, the designated monitoring personnel will require corrective actions to ensure adequate implementation.

4.2 MITIGATION MONITORING PROCEDURES
The City is the designated lead agency for the MMRP. The Community Development is responsible for reviewing all monitoring reports, enforcement actions, and document disposition, unless otherwise noted in the MMRP Table.

4.3 MITIGATION MONITORING AND REPORTING PROGRAM
The MMRP is provided in tabular format to facilitate effective tracking and documentation of the status of mitigation measures and regulatory requirements.

Reporting includes establishing a record that a mitigation measure or regulatory requirement is implemented and involves the following steps:
• The City distributes reporting forms to the appropriate entities for verification of compliance.
• Departments/agencies with reporting responsibilities will review the Subsequent Initial Study/Mitigated Negative Declaration, which provides general background information on the reasons for including specified mitigation measures or regulatory requirements. • Problems or exceptions to compliance will be addressed to the City, as appropriate. • Periodic meetings may be held during Project implementation to report on compliance of mitigation measures and regulatory requirements.

Attachment 1

• Responsible parties provide the City with verification that monitoring has been conducted and ensure, as applicable, that mitigation measures and regulatory requirements have been implemented. Monitoring compliance may be documented through existing review and approval programs such as field inspection reports and plan review. • The City prepares a reporting form periodically during the construction phase and an annual report summarizing all Project mitigation measures and regulatory requirement monitoring efforts.
• Appropriate mitigation measures and regulatory requirements will be included in construction documents and/or conditions of permits/approvals.

Minor changes to the MMRP, if required, would be made in accordance with CEQA and would be permitted after further review and approval by the City. Such changes could include reassignment of monitoring and reporting responsibilities, plan redesign to make any appropriate improvements, and/or modification, substitution or deletion of mitigation measures subject to conditions described in CEQA Guidelines Section 15162. No change will be permitted unless the MMRP continues to satisfy the requirements of Public Resources Code Section 21081.6.

Attachment I

TABLE 1

MITIGATION MONITORING AND REPORTING PLAN CHECKLIST
Time Frame and Time Frame and Verification of Compliance Responsible Party Responsible Party
No. Mitigation Measure for Implementation for Monitoring Initials Date Remarks Aesthetics
RR AES-1 As part of the entitlement and review by the Review by DRC Review by DRC Design Review Committee, the Project Applicant/
Developer shall submit proposed site Applicant/Developer City of Orange development and building plans for the review
and approval by the City. The City shall review
these plans for compliance with applicable
requirements of Section 17.10.070, Design
Review, of the Orange Municipal Code.

RR AES-2 Exterior lighting for the Project shall be designed | Prior to issuance of Prior to issuance of and constructed in compliance with Section building permits building permits

17.12.030, Lighting, of the Orange Municipal Code.

Applicant/Developer City of Orange
Air Quality
RR AQ-1 All demolition and construction activities shall be Prior to issuance of Prior to issuance of conducted in compliance with South Coast Air grading permits, grading permits Quality Management District's Rule 403, Fugitive compliance with Dust, for controlling fugitive dust and avoiding SCAOMD Rule 403 City of Orange nuisance. Contractor compliance with Rule 403 shall be mandated in requirements shall be mandated in the the contractor's
contractor's specifications. specifications.

Applicant/Developer
RR AQ-2 All demolition and construction activities shall be Prior to issuance of Prior to issuance of conducted in compliance with South Coast Air grading permits, grading permits Quality Management District Rule 402, Nuisance, compliance with which states that a project shall not "discharge SCAQMD Rule 402 City of Orange Attachment 1

TABLE 1

MITIGATION MONITORING AND REPORTING PLAN CHECKLIST
Time Frame and Time Frame and Verification of Compliance Responsible Party Responsible Party
No. Mitigation Measure for Implementation for Monitoring Initials Date Remarks shall be mandate in
the contractor's
specifications.

Applicant/Developer
or damage to business or property".

Biological Resources
MM BIO-1 Prior to the issuance of any grading permits, the Prior to the issuance Prior to the issuance Community Development Director or designee of any grading permits of any grading shall verify that the following requirements for permits nesting birds and preconstruction survey are Applicant/Developer completed by the Project Applicant: City of Orange
• The start of demolition and site-preparation
activities shall be scheduled outside of the
bird nesting and breeding season (typically
February 1 through August 15). If
or grading).

Attachment 1

-
TABLE 1

MITIGATION MONITORING AND REPORTING PLAN CHECKLIST
Time Frame and Time Frame and Verification of Compliance Responsible Party Responsible Party
No. Mitigation Measure for Implementation for Monitoring Initials Date Remarks • If active nests of bird species protected by
the Migratory Bird Treaty Act (MBTA)
and/or the California Fish and Game Code
(which, together, apply to all native nesting
bird species) are present in the impact area
or within 200 feet of the impact area, a
temporary buffer fence shall be erected a
minimum of 200 feet around the nest site.

This temporary buffer may be greater or
lesser depending on the bird species and
type of disturbance, as determined by the
Biologist.
• Clearing and/or construction within
temporarily fenced areas shall be
postponed or halted until juveniles have
fledged from the nest and there is no
evidence of a second nesting attempt. The
Biologist shall serve as a construction
monitor during those periods when
disturbance activities will occur near active
nest areas to ensure that no inadvertent
impacts on these nests will occur.

RR BIO-1 The proposed on-site and off-site trees shall be Prior to issuance of Prior to issuance of planted, preserved, removed, replaced and/or grading permits grading permits maintained in accordance with Chapter 12.28,
Street Trees, Chapter 12.32, Tree Preservation, Applicant/Developer City of Orange and Chapter 16.50, Landscaping Requirements, of
Attachment 1

MITIGATION MONITORING AND REPORTING PLAN CHECK ST
Time Frame and Time Frame and Verification of Compliance Responsible Party Responsible Party
No. Mitigation Measure for Implementation for Monitoring Initials Date Remarks the Orange Municipal Code.

Cultural Resources
MM CUL-1 In the event a previously unrecorded During construction During construction archaeological deposit is encountered during
construction, all activity on site shall cease, and Applicant/Developer City of Orange the City shall be immediately notified. An
Archeologist meeting the Secretary of Interior's
Professional Qualifications for Archaeology as
defined at 36 CFR Part 61, Appendix A
(Professional Archaeologist) shall be retained by
the developer to flag the area in the field and
determine if the archaeological deposits meet the
CEQA definition of historical (State CEQA
Guidelines 15064.5(a)) and/or unique
archaeological resource (Public Resources Code
salvage, and treatment of the deposits. Recovery,
salvage, and treatment protocols shall be
developed in accordance with applicable
provisions of Public Resource Code Section
21083.2 and State CEQA Guidelines 15064.5 and
15126.4. If unique archaeological resources
cannot be preserved in place or left in an
undisturbed state, recovery, salvage, and
treatment shall be required at the Applicant's
_expense. AlL recovered and salvaged resources
Attachment 1

TABLE 1

MITIGATION MONITORING AND REPORTING PLAN CHECKLIST
Time Frame and Time Frame and Verification of Compliance Responsible Party Responsible Party
No. Mitigation Measure for Implementation for Monitoring Initials Date Remarks shall be prepared to the point of identification and
permanent preservation by the Qualified
Professional. Resources shall be identified and
curated into an established accredited
professional repository. The Qualified
Professional shall have a repository agreement in
land prior to initiating recovery of the resource.
xcavation as a treatment option will be restricted
to those parts of the unique archaeological
resource that would be damaged or destroyed by
he project. In the event of an accidental discover
or recognition of human remains, there shall be n
further excavation or disturbance of the site or
nearby area reasonably suspected to overlie
adjacent remains until the coroner is contacted. If
the remains are determined to be Native
American, the Native American Heritage
Commission will be contacted within 24 hours and
the most likely descendent contacted. Any further
actions will be determined at that point. The
Applicant shall implement all recommendations
made by the Archaeologist. On-site activity may
continue at the direction of the Qualified
Professional and the City.

Following recovery, a final report containing site
forms, a summary of resource significance, and
recovery and treatment documentation shall be
submitted immediately to the Community
Attachment 1

TABLE 1

MITIGATION MONITORING AND REPORTING PLAN CHECKLIST
Time Frame and Time Frame and Verification of Compliance Responsible Party Responsible Party
No. Mitigation Measure for Implementation for Monitoring Initials Date Remarks Development Department and SCCIC. All
information regarding site locations, Native
American human remains, and associated
funerary objects shall be in a separate confidential
addendum and not made available for public
disclosure. The final written report shall be
submitted to the appropriate regional
archaeological Information Center prior to
Building Permit Final. (Orange-Olive Residential
Development Project No. 1837-14 Previously
Approved Measure MM-CR-1)
RR CUL-1 If human remains are encountered during the During construction During construction conduct of ground-disturbing activities, Section
7050.5 of the California Health and Safety Code Applicant/Developer City of Orange states that no further disturbance shall occur until
one County dispostion mad materers pursuant to
Section 5097.98 of the California Public Resources
Code. The provisions of Section 15064.5 of the
California Environmental Quality Act (CEQA)
Guidelines shall also be followed. The County
Heritage Commission (NAHC). The NAHC shall
determine and notify a Most Likely Descendent
(MLD). With the permission of the landowner or
his/her authorized representative, the MID may
Attachment 1

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TABLE 1

MITIGATION MONITORING AND REPORTING PLAN CHECKLIST
Time Frame and Time Frame and Verification of Compliance Responsible Party Responsible Party
No. for Implementation for Monitoring Initials Date Remarks Development Department prior to issuance of
grading permits.

Geology and Soils
RR GEO-1 The Project shall be designed and constructed in Prior to issuance of Prior to issuance of compliance with the 2016 California Building building permits building permits Code (CBC) Design Parameters, adopted by
reference in Chapter 15.04 of the Orange Applicant/Developer City of Orange Municipal Code, or the most current CBC adopted
in the City's Municipal Code.

Prior to issuance of a grading permit, site Prior to issuance of a Prior to issuance of a preparation and building design specifications grading permit grading permit shall follow the recommendations in the
Geotechnical Engineering Evaluation Report for the Applicant/Developer City of Orange Proposed North Orange Olive Development
prepared by Twining Consulting (dated January 7,
2019) and additional future site-specific, design-
level geotechnical investigations of the Project.

Based on the Geotechnical Engineering Evaluation
Report, recommendations to be included in the
Attachment 1

TABLE 1

MITIGATION MONITORING AND REPORTING PLAN CHECKLIST
Time Frame and Time Frame and Verification of Compliance Responsible Party* Responsible Party
No. Mitigation Measure for Implementation for Monitoring Initials Date Remarks Considerations, Expansive and Collapsible Soils,
Corrosive Soils, Earthwork and Site Preparation,
Concrete Slabs-On-Grade, Drainage Control,
Preliminary Flexible Pavement Design, Rigid
Monitoring.

MM GEO-2 In the event paleontological resources are During construction During construction encountered during construction, ground-
disturbing activity shall cease. It is recommended Applicant/Developer City of Orange that a Qualified Paleontologist be retained by the
Developer to examine the materials encountered,
assess the nature and extent of the find, and
recommend a course of action to further
investigate and protect or recover and salvage
determines that impacts to a sample containing
significant paleontological resources cannot be
avoided by project planning, then recovery may be
applied. Actions may include recovering a sample
of the fossiliferous material prior to construction;
monitoring work and halting construction if an
important fossil needs to be recovered; and/or
cleaning, identifying, and cataloging specimens for
curation and research purposes. The cost
Attachment 1

TABLE 1

MITIGATION MONITORING AND REPORTING PLAN CHECKLIST
Time Frame and Time Frame and Verification of Compliance Responsible Party Responsible Party
No. for Implementation for Monitoring Initials Date Remarks MM-CR-2)
RR GEO-2 Prior to issuance of a grading permit, the Project Prior to issuance of Prior to issuance of Applicant shall prepare an erosion and sediment grading permits grading permits control plan in compliance with City's Grading
Ordinance, as approved by the City. Applicant/Developer City of Orange Attachment 1

MITIGATION MONITORING AND REPORTING PLAN CHECKLIST
Time Frame and Time Frame and Verification of Compliance Responsible Party Responsible Party
No. Mitigation Measure for Implementation for Monitoring Initials Date Remarks Hazards and Hazardous Materials
RR HAZ-1 In accordance with Title 8; Section 1541, General Prior to issuance of Prior to issuance of a Requirements, of the California Code of grading permits grading permits Regulations, excavators shall identify subsurface
installations and inform all known Applicant/Developer City of Orange owners/operators of subsurface installations and
lines prior to opening an excavation. The
excavators shall meet with owners/operators of
high-pressure pipelines, natural gas/petroleum
pipelines, electrical lines greater than 60,000
volts, and other high priority subsurface
installations that are located within 10 feet of a
proposed excavation, before starting the
excavation.

RR HAZ-2 The demolition contractor shall comply with the Prior to issuance of a Prior to issuance of :
requirements of Title 8 of the California Code of grading permit grading permi Regulations (Section 1532.1-Lead) regarding the
removal of lead-based paint or other materials Applicant/Developer City of Orange containing lead. The regulations set exposure
limits, exposure monitoring, respiratory
protection, and good working practices by
workers exposed to lead. Lead-contaminated
debris and other wastes shall be removed and
monitored by contractors with appropriate
certifications from the California Department of
Health Services and disposed of in accordance
with the applicable provisions of the California
Attachment 1

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TABLE 1

MITIGATION MONITORING AND REPORTING PLAN CHECKLIST
Time Frame and Time Frame and Verification of Compliance Responsible Party Responsible Party
No. Mitigation Measure for Implementation for Monitoring Initials Date Remarks Health and Safety Code.

RR HAZ-3 The demolition contractor shall comply with the Prior to issuance of Prior to issuance of South Coast Air Quality Management District's demolition permits, demolition permits (SCAQMD's) Rule 1403, which provides guidelines compliance with for the proper removal and disposal of asbestos- SCAQMD Rule 1403 City of Orange containing materials. In accordance with Rule shall be mandate in 1403, prior to the demolition, renovation, the contractor's rehabilitation or alteration of structures that may
contain asbestos, an asbestos survey shall be
performed by a Certified Asbestos Consultant Applicant/Developer (certified by the California Occupational Safety
and Health Administration [CalOSHA]) to identify
building materials that contain asbestos. Removal
of the asbestos shall then include prior
notification of the SCAQMD and compliance with
removal procedures and time schedules; asbestos
handling and clean-up procedures; and storage,
disposal, and landfilling requirements under Rule
1403.

RR HAZ-4 The demolition contractor shall comply with the During demolition During demolition California Health and Safety Code (Section 39650
et seq.) and the California Code of Regulations Applicant/Developer City of Orange (Title 8, Section 1529), which prohibit emissions
of asbestos from asbestos-related demolition or
construction activities; require medical
examinations and monitoring of employees
engaged in activities that could disturb asbestos;
specify precautions and safe work practices that
Attachment 1

TABLE 1

MITIGATION MONITORING AND REPORTING PLAN CHECKLIST
Time Frame and Time Frame and Verification of Compliance Responsible Party Responsible Party
No. Mitigation Measure for Implementation for Monitoring Initials Date :. Remarks must be followed to minimize the potential for the
release of asbestos fibers; and require notice to
federal and local government agencies prior to
beginning renovation or demolition that could
disturb asbestos.

RR HAZ-5 All construction on public rights-of-way shall Prior to demolition Prior to demolition include the implementation of traffic control and construction and construction neasures in accordance with the City of Orang activities on the site activities on the site Department of Public Works Standard Plans &
Specifications (City Standard Plans) and Orange Applicant/Developer City of Orange Municipal Code Chapter 12.20, Street Excavation,
and Chapter 12.02, Standard Specifications for
Public Works Construction, which adopts the
Greenbook by reference.

Hydrology and Water Quality
RR HYD-1 Prior to demolition and construction activities on Prior to demolition | Prior to demolition he site, the Contractor shall prepare and file a and construction and construction Permit Registration Document (PRD) with the activities on the site activities on the site State Water Resources Control Board in order to
obtain coverage under the National Pollutant Applicant/Developer City of Orange Discharge Elimination System (NPDES) General
Permit for Storm Water Discharges Associated •
with Construction and Land Disturbance Activities
(Order No 2009-009-DWQ, NPDES No.

CAS000002) or the latest approved Construction
General Permit. The PRD shall consist of a Notice
of Intent (NOI); a Risk Assessment; a Site Map; a
Attachment 1

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TABLE 1

MITIGATION MONITORING AND REPORTING PLAN CHECKLIST
Time Frame and Time Frame and Verification of Compliance Responsible Party Responsible Party
No. Mitigation Measure for Implementation for Monitoring Initials Date Remarks Storm Water Pollution Prevention Plan (SWPPP);
an annual fee; and a signed certification
tatement. Pursuantto permit requinements, the
rolect Annicant/ Develc
Best Management Practices (BMPs) in the SWPPP
to reduce or eliminate construction-related
pollutants in site runoff. The BMPs shall be
implemented during all demolition and
construction activities on the site.

RR HYD-2 In accordance with Chapter 7.01, Water Quality Prior to issuance of Prior to issuance of and Stormwater Discharges, of the Orange building permits building permits Municipal Code, the Project shall be constructed
Applicant/Developer City of Orange
Attachment 1

MITIGATION MONITORING AND REPORTING PLAN CHECKLIST
Time Frame and Time Frame and Verification of Compliance.

Responsible Party Responsible Party
• No. Mitigation Measure for Implementation for Monitoring Initials Date. Remarks Noise
MM NOI-1 The Applicant shall provide a "windows closed" Prior to issuance of Prior to issuance of condition for each proposed residential unit building permits building permits project. A "windows closed" condition requires a
means of mechanical ventilation per Chapter 12, Applicant/Developer City of Orange Section 1205 of the Uniform Building Code. This
outside air intake vent for each residential unit, to
be confirmed at the time of Building Plan check.
(Orange-Olive Residential Development Project
MND No. 1837-14 Previously Approved Measure
MM-NO-1)
MM NOI-2 The Applicant shall provide windows with at least Prior to issuance of Prior to issuance of a 30 STC rating for all second floor windows in building permits building permits homes that are adjacent to Orange-Olive Road.

These homes are labeled as 2, 3, 4, and 5 on Figure Applicant/Developer City of Orange

11. (Orange-Olive Residential Development Project
MND No. 1837-14 Previously Approved Measure
MM-NO-2)
MM NOI-3 The Applicant shall require that all construction Prior to any Prior to any contractors restrict the operation of any demolition or grading demolition or construction equipment that is powered by a activities grading activities greater than 150 horsepower engine from
operating within 15 feet of any off-site residential Applicant/Developer City of Orange structure. (Orange-Olive Residential Development
Project MND No. 1837-14 Previously Approved
Attachment 1

TABLE 1

MITIGATION MONITORING AND REPORTING PLAN CHECKLIST
Time Frame and Time Frame and Verification of Compliance : * Responsible Party: Responsible Party
No. Mitigation Measure for Implementation for Monitoring Initials Date Remarks Measure MM-NO-3)
MM NOI-4 The City shall require construction contractors to During construction During construction implement the following measures during
construction activities through contract Applicant/Developer City of Orange provisions and/or conditions of approval as
appropriate:

1. Construction equipment shall be properly
maintained per manufacturers'
specifications and fitted with the best
available noise suppression devices (i.e.,
mufflers, silencers, wraps, etc.).

2. Shroud or shield all impact tools, and muffle
or shield all intake and exhaust ports on
power equipment.

3. Construction operations and related
activities associated with the proposed
Project shall comply with the operational
hours outlined in the City of Orange
following noise attenuation measures as
listed from the Municipal Code Noise
Ordinance or mitigate noise at sensitive
land uses to below Orange Municipal Code
standards.

4. Construction equipment should not be idled
for extended periods of time in the vicinity
of noise sensitive receptors.

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MITIGATION MONITORING AND REPORTING PLAN CHECKLIST
Time Frame and Time Frame and Verification of Compliance Responsible Party Responsible Party
No. Mitigation Measure for Implementation for Monitoring Initials Date •Remarks-

5. Locate fixed and/or stationary equipment
as far as possible from noise sensitive
receptors (e.g., generators, compressors,
ock crushers, cement mixers). Shroud o
hield all impact tools, and muffle or shiel
all intake and exhaust ports on powered
construction equipment.

Where feasible, temporary barriers shall be placed
as close to the noise source or as close to the
receptor as possible and break the line of sight
between the source and receptor where modeled
levels exceed applicable standards. Acoustical
Transmission Class (STC) rating of 25 or greater
as defined by American Society for Testing and
Materials (ASTM) Test Method E90. Placement,
orientation, size, and density of acoustical barriers
shall be specified by a qualified acoustical
consultant. (City of Orange General Plan EIR MM

5.10-3)
MM NOI-5 Prior to the issue of the building permit for the Prior to the issue of Prior to the issue of proposed Project, the Applicant shall submit an any building permit any building permit acoustical analysis acceptable to the City's
Community Development Director, that Applicant/Developer City of Orange demonstrates that the proposed architectural
design would provide an interior noise level of 45
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MITIGATION MONITORING AND REPORTING PLAN CHECKLIST
Time Frame and Time Frame and Verification of Compliance Responsible Party Responsible Party
No. Mitigation Measure for Implementation for Monitoring Initials Date Remarks dBA CNEL or less (based on buildout traffic noise
conditions) in all habitable rooms of the proposed
buildings facing North Orange Olive and East
Grove Avenue. The Applicant shall also submit
plans and specifications showing that:
• All residential units shall be provided with a
means of mechanical ventilation, as
required by the California Building Code for
occupancy with windows closed.

Demonstrate that the exterior noise exposure
limits of 65 dBA CNEL are met for common
outdoor recreational areas.

MM NOI-6 The Applicant shall require that all construction During construction During construction contractors restrict the operation of the following
construction equipment to beyond the following Applicant/Developer City of Orange distances from off-site buildings: (1) vibratory
rollers and large bulldozers - 25 feet, and (2)
loaded trucks and other large equipment - 15
feet).

Public Services
RR PS-1 The Project shall be designed and constructed in Prior to issuance of Prior to issuance of accordance with applicable regulations in Chapter building permits building permits

15.32, City of Orange Fire Code, of the Orange
Municipal Code and the California Building Code Applicant/Developer City of Orange (CBC), which is adopted by reference in Chapter

15.04 of the Orange Municipal Code.

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MITIGATION MONITORING AND REPORTING PLAN CHECKLIST
Time Frame and Time Frame and Verification of Compliance Responsible Party Responsible Party
No. Mitigation Measure for Implementation for Monitoring Initials Date Remarks RR PS-2 The Project Applicant shall pay the applicable fire Prior to issuance of Prior to issuance of protection facility fee in accordance with Chapter building permits building permits

15.38, Fire Protection Facilities Program, of the
Orange Municipal Code. Applicant/Developer City of Orange RR PS-3 The Project Applicant shall pay the applicable Prior to issuance of Prior to issuance of police facility fee in accordance with Chapter 3.13, building permits building permits Police Facility Development Fee, of the Orange
Municipal Code. Applicant/Developer City of Orange
RR PS-4 The Project shall be designed and constructed in Prior to issuance of Prior to issuance of accordance with applicable regulations in Chapter building permits building permits

15.52, Building Security Standards, of the Orange
Municipal Code. Applicant/Developer City of Orange
RR PS-5 The Project Applicant shall pay the applicable Prior to issuance of Prior to issuance of school development fee to the Orange Unified building permits building permits School District, in accordance with Section 17620
of the California Education Code. Applicant/Developer City of Orange RR PS-6 The Project Applicant shall dedicate parkland or Prior to issuance of Prior to issuance of pay the applicable Park and Recreational building permits building permits Facilities Development Impact Fee, in accordance
with Chapter 16.60, Park Dedication and Fees, and Applicant/Developer City of Orange Chapter 3.40, Park Facilities Fees, of the Orange
Municipal Code.

RR PS-7 The Project Applicant shall pay the applicable Prior to issuance of Prior to issuance of library facilities fee in accordance with Chapter building permits building permits

3.50, Library Facilities Fees, of the Orange
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MITIGATION MONITORING AND REPORTING PLAN CHECKLIST
Time Frame and Time Frame and Verification of Compliance Responsible Party Responsible Party
No. Mitigation Measure for Implementation for Monitoring Initials Date Remarks Municipal Code. Applicant/Developer City of Orange
Transportation
RR TRA-1 All trucks used during demolition and During construction During construction onstruction and during long-term occupancy ol
he Project shall use designated truck routes, in Applicant/Developer City of Orange compliance with Chapter 10.66, Truck Routes, and
Chapter 10.67, Movement of Vehicles and
Equipment, of the Orange Municipal Code.

RR TRA-2 The Project shall be designed and constructed to Prior to issuance of Prior to issuance of provide adequate sight distance for drivers at all building permits building permits entrances and exits (driveways), drive aisles, and
roadways, per City Standard Plan 126. Applicant/Developer City of Orange Tribal Cultural Resources
MM TCR-1 Prior to the commencement of any ground Prior to any ground Prior to any ground disturbing activity at the project site, the project disturbing activity disturbing activity applicant shall retain a Native American Monitor
approved by the Gabrieleno Band of Mission Applicant/Developer City of Orange Indians-Kizh Nation - the tribe that consulted on
this project pursuant to Assembly Bill A52 (the
"Tribe" or the "Consulting Tribe"). A copy of the
executed contract shall be submitted to the City of
Orange Planning and Building Department prior
commence a ground-disturbing activity. The
Tribal monitor will only be present on-site during
the construction phases that involve ground-
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MITIGATION MONITORING AND REPORTING PLAN CHECKLIST
Time Frame and Time Frame and Verification of Compliance Responsible Party Responsible Party
No. Mitigation Measure for Implementation for Monitoring Initials Date Remarks disturbing activities. Ground disturbing activities
are defined by the Tribe as activities that may
monitoring shall end when all ground-disturbing
activities on the Project Site are completed, or
when the Tribal Representatives and Tribal
Monitor have indicated that all upcoming ground-
disturbing activities at the Project Site have little
to no potential for impacting Tribal Cultural
Resources. Upon discovery of any Tribal Cultural
Resources, construction activities shall cease in
the immediate vicinity of the find (not less than
the surrounding 100 feet) until the find can be
assessed. All Tribal Cultural Resources unearthed
by project activities shall be evaluated by the
qualified archaeologist and Tribal monitor
approved by the Consulting Tribe. If the resources
are Native American in origin, the Consulting
Tribe will retain it/them in the form and/or
manner the Tribe deems appropriate, for
educational, cultural and/or historic purposes. If
-human remains and/or grave goods are
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MITIGATION MONITORING AND REPORTING PLAN CHECKLIST
Time Frame and Time Frame and Verification of Compliance Responsible Party Responsible Party
No. Mitigation Measure for Implementation for Monitoring Initials Date Remarks discovered or recognized at the Project Site, all
ground disturbance shall immediately cease, and
the county coroner shall be notified per Public
Resources Code Section 5097.98, and Health &
Safety Code Section 7050.5. Human remains and
grave/burial goods shall be treated alike per
5097.98(d) (1) and (2). Work may continue on
other parts of the Project Site while evaluation
and, if necessary, mitigation takes place (CEO/
ruidelines Section 15064.5[fl). If a non-Native
American resource is determined by the qualified
archaeologist to constitute a "historical resource"
or "unique archaeological resource," time
allotment and funding sufficient to allow for
implementation of avoidance measures, or
appropriate mitigation, must be available. The
treatment plan established for the resources shall
be in accordance with CEQA Guidelines Section
15064.5(f) for historical resources and PRC
Sections 21083.2(b) for unique archaeological
resources. Preservation in place (i.e., avoidance) is
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MITIGATION MONITORING AND REPORTING PLAN CHECKLIST
Time Frame and Time Frame and Verification of Compliance Responsible Party Responsible Party
No. Mitigation Measure for Implementation for Monitoring Initials Date Remarks Fowler Museum, if such an institution agrees to
accept the material. If no institution accepts the
archaeological material, it shall be offered to a
educational purposes.

Utilities and Service Systems
RR UTL-1 Water service to the Project, including application Prior to issuance of Prior to issuance of for water service, service connections, water rates, building permits building permits fire service, and water mains, shall be constructed
and provided in accordance with Chapter 13.04 et Applicant/Developer City of Orange seq., Water System, of the Orange Municipal Code.

RR UTL-2 Sewer service to the Project, including sewer Prior to issuance of Prior to issuance of mains, sanitation and sewage charges, fats, oils building permits building permits and grease regulations, shall be constructed and
provided in accordance with Chapter 13.56 et seq., Applicant/Developer City of Orange Sewer System, of the Orange Municipal Code.

RR UTL-3 The Project Applicant shall pay the applicable Prior to issuance of Prior to issuance of capital facilities capacity charges to the Orange building permits building permits County Sanitation District (OCSD), in accordance
with Article 7 of the OCSD's Wastewater Discharge Applicant/Developer City of Orange Regulations.

RR UTL-4 The Project shall be designed and constructed Prior to issuance of Prior to issuance of with water-efficient fixtures and systems, as building permits building permits Attachment 1

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MITIGATION MONITORING AND REPORTING PLAN CHECKLIST
Time Frame and Time Frame and Verification of Compliance Responsible Party Responsible Party
No. Mitigation Measure for Implementation for Monitoring Initials Date Remarks required by the CALGreen Code, which has been
adopted by reference into Chapter 15.17, Applicant/Developer City of Orange California Green Building Code, of the Orange
Municipal Code. In addition, the Project shall
comply with the water conservation measures in
Chapter 7.02, Water Conservation and Water
Supply Shortage, of the Municipal Code.

RR UTL-5 The Project contractor shall recycle, reuse, and/or Prior to issuance of Prior to issuance of salvage at least 65 percent of demolition and building permits building permits construction debris, in accordance with Section

4.408 of the CALGreen Code. Applicant/Developer City of Orange Attachment 1