MAJOR SITE PLAN REVIEW NO. 1013-20
TENTATIVE PARCEL MAP NO. 0017-20
DESIGN REVIEW NO. 5011-20
DEVELOPMENT AGREEMENT NO. 0008-22
RESOLUTION NO. PC 28-22
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ORANGE RECOMMENDING CITY
COUNCIL APPROVAL OF 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 W. CHAPMAN AVENUE AND 135 N. ATCHISON
STREET
APPLICANT: OLD TOWN GATEWAY, LLC
Moved by Chair Vazquez and seconded by Commissioner Trapesonian that the following Resolution be adopted:
WHEREAS, the Planning Commission has authority per Orange Municipal Code (OMC) Sections 17.08.020, 17.10.060, 17.13.030, and 17.44.100 to make a recommendation to the City Council on action to grant or deny Major Site Plan Review No. 1013-20, Tentative Parcel Map No. 0017-20 and Design Review No. 5011-20 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 lot consolidation; and
WHEREAS, the Planning Commission has authority per Orange Municipal Code (OMC) Sections 17.44.100 and 17.44.130 to make a recommendation to the Orange City Council on Development Agreement No. 0008-22 granting relief from providing 18 of the 20 parking spaces required by the Santa Fe Depot Specific Plan in exchange for the dedication, improvement, and maintenance of a publicly accessible pedestrian paseo providing a mid-block passageway linking Cypress and Atchison Streets; 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 filed by Old Town Gateway, LLC. in accordance with the provisions of the OMC; and
Resolution PC 28-22
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, the Planning Commission conducted one duly advertised public hearing on October 17, 2022, at which time interested persons had an opportunity to testify either in support of or opposition to Major Site Plan Review No. 1013-20, Tentative Parcel Map No. 0017-20, Design Review No. 5011-20, and Development Agreement No. 0008-22 upon property described below:
Parcel 1: APN 039-071-03
Lot 8 and the North 45 feet of Lot 9, in Block B of the Halladay Tract, in the City of Orange, County of Orange, State of California, as per Map, recorded in Book 18, Page 65 of Miscellaneous Records of Los Angeles County, California.
Parcel 2: APN 039-171-12
Lots 10, 11 and 12 and the South 5 feet of Lot 9 all in Block 8 of the Halladay Tract, in the City of Orange, State of California, as shown on Map recorded in Book 18, Page 65 of Miscellaneous Records of Los Angeles County.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends City Council approval of 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, and construct two new commercial buildings with floor areas of 3,470 sq. ft. and 4,140 sq. ft. and related site improvements, and 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 Towne 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 Resolution PC 28-22
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 Towne.
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).
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 Towne 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.H.3).
The project provides safe and adequate circulation that responds to the highly pedestrian- oriented atmosphere of Old Towne 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 Resolution PC 28-22
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.H.5).
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 Towne 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 Towne Design Standards and Santa Fe Depot Specific Plan design standards. As discussed in the Analysis section of this staff report, the proposed project meets the Secretary of the Interior’s Standards for Rehabilitation. The existing conditions and character defining 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 Towne 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.
Resolution PC 28-22
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 California Environmental Quality Act (CEQA) per State CEQA Guidelines 15331 (Class 31 – Historical Resource Rehabilitation/Restoration) and 15332 (Class 32 – Infill Development Projects). The structures on the site have been closely evaluated in the Cultural Resource Assessment and Addendum, with the buildings confirmed as contributors to the historic district planned for restoration and rehabilitation. 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 the California Environmental Quality Act (CEQA). The studies found no impact to these environmental issues. The Technical Report concluded that the proposed project is categorically exempt from the provisions of CEQA per State CEQA Guidelines 15332 (Class 32 – Infill Development Projects) because the project site is less that 5 acres in size, is located in Resolution PC 28-22
an urbanized area served by infrastructure, and on a site where the General Plan and zoning allow the proposed uses. 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, staff report, including modifications required by the conditions of approval, and as recommended for approval by the Design Review Committee and 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.
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.
Resolution PC 28-22
8. Any future expansion in area or in the nature and operation of the approved use 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 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 twenty-four 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 Towne 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 premise 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 permit issuance, 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.
17. Prior to building permit issuance, 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) Resolution PC 28-22
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.
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 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 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.
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.
Resolution PC 28-22
28. Prior to building permit issuance, 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 permit issuance, 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 permit issuance, 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 permit issuance, landscape plans shall include landscape area calculations needed for State landscape water use reporting.
34. Prior to issuance of certificate of occupancy, all parking lot and landscaping improvements shall be completed according to the approved plans and to the satisfaction of the Community Development Director or designee.
35. 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 or designee, in coordination with the Public Works Director or designee.
36. 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 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 permit issuance, 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 with Tree Services Coordinator, Micah Jean, (714)532-6470, [email protected].
Resolution PC 28-22
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 the issuance of demolition permits.
39. The applicant shall prepare digital photo documentation of the site before demolition of shed structures and building additions prior to the issuance of a demolition permit, and then again during partial demolition prior to the issuance of building permits that can be used to both memorialize site conditions, and also to inform the rehabilitation plan required in Condition of Approval #39 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 the issuance of demolition permits the applicant shall submit updated DPR forms for the subject property to the Community Development Director or designee 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 issuance of 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.
44. Prior to the issuance of 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 Resolution PC 28-22
Development Director or designee prior to issuance of 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 Resource 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 their 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. All signage shall comply with Chapter 17.36 Sign Regulations of the Orange Municipal Code.
48. Prior to building permit issuance, 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:
49. Plans submitted for Building Plan Check shall comply with the California Fire Code as amended by the City and as frequently amended and in effect at the time of application for Building Permit.
50. 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 the issuance of building permits.
51. 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 the issuance of 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.
Resolution PC 28-22
a. The fire department connection shall not be affixed to the building; b. The fire department connection shall be located at least 40 feet away from the building; (we will provide 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 fire department connection 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 fire department connection 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 fire department connection shall be approved by the Fire Department. (see items a and b above)
f. Show the location of the double-check backflow prevention assembly for each building or if only providing one supply for both buildings. (see items a and b above)
52. 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 the issuance of building permits.
53. 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 outward direction over 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 issuance of building permits. Occupant load of the mezzanine and accessory area shall be included in total occupant load and exit analysis.
54. 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 the issuance of building permits.
55. 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 Resolution PC 28-22
Cypress side at the same location. This shall be verified by the Fire Department prior to the issuance of building permits.
56. 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 the issuance of building permits.
Police:
57. Prior to building permit issuance, 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.
58. 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.
59. Prior to building permit issuance, 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.
60. Prior to issuance of 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.
61. Any new lighting on the premise 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.
Traffic:
62. Prior to building permit issuance, Transportation System Improvement Program fees shall be paid in coordination with the City Traffic Engineer or designee.
Resolution PC 28-22
Subdivision:
63. Prior to the issuance of grading permits a parcel map shall be submitted for review and approval of the Public Works Department in coordination with the Planning Division an easement for the pedestrian paseo.
64. Prior to issuance of the first certificate of occupancy a parcel map shall be prepared and recorded required to merge all the lots into one parcel.
65. Provide certification from the Land Surveyor required monumentation was completed.
Monuments shall be set based on a field survey.
66. Plan preparation and submittal for plan check shall be per Development Services guidelines and checklist. See https://www.cityoforange.org/446/Subdivision Plans Preparation Documents.
67. 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 permit issuance.
68. All public infrastructures, including street sections, sidewalk, driveway apron, and utilities shall comply with City of Orange Standard Plans and Specifications.
69. 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.
70. Prior to grading permit issuance, all driveway approaches shall conform to ADA standards for wheelchair access and to Public Works Standard Plans 115 and 116.
71. Prior to issuance of the first certificate of occupancy, all existing sidewalk access ramps shall be reconstructed for ADA compliance per City Std Plan 121 Type 1.
72. Prior to certificate of occupancy, the applicant shall repair any cracked, uneven, or damaged public sidewalk, curb and gutter along property frontages.
73. 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.
74. Prior to certificate of occupancy, the applicant shall install new streetlights on N.
Atchison Street consistent with the City’s Old Towne Street Light standards. Please contact Medel Llanes at (714) 744-5535 for further details.
Resolution PC 28-22
75. 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.
76. Prior to grading permit issuance, 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 Manal 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.
77. Prior to grading permit issuance, plans preparation and submittals shall be per Development Services Plan Preparation Guidelines and Checklist, and Checklist for Submittal Packages.
78. Prior to grading permit issuance, a geotechnical report shall accompany the grading plan review.
79. Prior to grading permit issuance, a sewer capacity analysis shall be submitted for review.
80. Prior to grading permit issuance, a drainage assessment letter shall be submitted for review.
81. Prior to grading permit issuance, 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.
82. 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 issuance of a grading permit.
83. Grading plan shall indicate the volume of earthwork involved with site grading. This shall be verified by the Public Works Department prior to issuance of a grading permit.
84. The contractor shall obtain a Grading Permit from Public Works Department prior to start of any site demolition, clearing and grubbing, and grading.
85. Any soil imported or exported shall require a Transportation Permit from Public Works Traffic Division.
86. 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 Resolution PC 28-22
be submitted as a separate document and will be reviewed and permitted by City Building Division.
87. 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.
88. The property owner shall maintain in good condition, all on-site driveways where heavy- duty trucks would travel.
89. Prior to grading permit issuance, 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.
90. 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 the grading plan for reference.
91. 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 shall match the Water Quality Management Plan (WQMP).
92. Prior to grading permit issuance, 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.
93. 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 issuance of the final certificate of occupancy.
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.
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:
95. 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.
96. Prior to building permit issuance, 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.
Resolution PC 28-22
97. Prior to issuance of the 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.
98. Prior to building permit issuance, the Water Division shall approve the type and location of landscaping and fire service (backflow prevention) device for proposed City services.
99. 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.
100. 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. 101. 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.
102. Prior to building permit issuance, construction documents shall show that each building will be metered separately unless otherwise approved by the Water Division. 103. Prior to building permit issuance 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. 104. 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. 105. Prior to the issuance of any grading permit, 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 of Orange, and post security in a form and amount acceptable to the City Engineer and/or Water Division to ensure construction of said improvements.
106. 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.
107. 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 PC 28-22
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. 108. 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. 109. Prior to issuance of 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.
110. 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 the issuance of building permits.
111. 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 issuance of building permits. 112. Water backflow prevention devices shall be located on the private property and not on the public sidewalk/right-of-way.
113. 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 the issuance of building permits. 114. All services will require a lead-free City of Orange 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 testing. This shall be represented on construction documents prior to the issuance of building permits. Access and testing shall be verified prior to issuance of the first certificate of occupancy.
115. The applicant shall be responsible for all parkway/sidewalk repairs after meter is installed. Repairs shall be completed prior to issuance of the first certificate of occupancy.
116. 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 issuance of the first certificate of occupancy.
Resolution PC 28-22
Water Quality:
117. Prior to the issuance of any grading permits the applicant shall submit a Priority Project WQMP for review and approval to the Public Works Department that:
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). 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. 118. Prior to the issuance of certificates for use of occupancy, the applicant shall demonstrate the following to the Public Works Department:
a. That all structural and treatment control BMPs described in the Project WQMP have been constructed and installed in conformance with the approved plans and specifications;
Resolution PC 28-22
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.
119. Prior to the issuance of certificates 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.
120. Prior to issuance of 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.
121. 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 City of Orange Public Works Department of the new person(s) or entity responsible for maintenance of the BMPs.
122. Prior to City approval of the landscape plans, the applicant shall review the approved Water Quality Management Plan and ensure the proposed landscape plans are consistent with the project grading plans. 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.
Resolution PC 28-22
I hereby certify that the foregoing Resolution was adopted on October 17, 2022 by the Planning Commission of the City of Orange by the following vote:
AYES: Commissioners Glasgow, Trapesonian and Vazquez=
NOES: None
RECUSED: None
ABSENT: Commissioners Simpson and Martinez
David Vazquez, Planning Commission Chair
Date