Agenda packet — Orange City Council, June 5, 2024 (part 1 of 2)

Tom Kisela
City Manager
Mike Vigliotta
City Attorney
Pamela Coleman
City Clerk

DAN SLATER
Mayor

ARIANNA BARRIOS
Mayor pro tem, District 1

JON DUMITRU
Councilmember, District 2

KATHY TAVOULARIS
Councilmember, District 3

DENIS BILODEAU
Councilmember, District 4

ANA GUTIERREZ
Councilmember, District 5

JOHN GYLLENHAMMER
Councilmember, District 6
AGENDA
City Council
June 05, 2024
Notice and Call
of a Special Meeting
6:00 PM Regular Session
City Council Chamber
300 E. Chapman Avenue
Orange, CA 92866
The City of Orange City Council welcomes you to this Special Meeting. Special Meetings are held for a specific purpose and when action is needed prior to the next Regular Meeting. The Mayor or a majority of the City Council may call a special meeting of the City Council with a minimum 24 hours notice.

Agenda Information
The agenda contains a brief general description of each item to be considered. The City Council may take legislative action deemed appropriate with respect to the item and is not limited to the recommended action indicated in staff reports or the agenda. The agenda and supporting documentation for a special meeting is available no later than 24 hours prior to the Council meeting on the City's website at www .cityoforange.org, at the City Clerk's Office located at 300 E. Chapman Avenue, and at the Main Public Library located at 407 E. Chapman Avenue.

Public Participation
Public Comment shall be limited to only those items described on this Special Meeting Notice /Agenda (Government Code Section 54954.3(a)).

Public Comments are limited to three (3) minutes per speaker unless a different time limit is announced. It is requested that you state your name for the record, then proceed to address the City Council. All speakers shall observe civility, decorum, and good behavior.

ADA Requirements: In compliance with the Americans with Disabilities Act, if you need accommodations to participate in this meeting, please contact the City Clerk's office at (714) 744-5500. When possible, notification at least 48 hours in advance of meeting will enable the City to make arrangements to assure accessibility to this meeting.

REMINDER: Please silence all electronic devices while City Council is in session.

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1 City Council Agenda June 5, 2024
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the California Government Code, that a Special Meeting of the Orange City Council is hereby called for the following purpose:
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 PLEDGE OF ALLEGIANCE
Councilmember John Gyllenhammer

1.2 ROLL CALL

2. ADMINISTRATIVE REPORTS

2.1. An Appeal of the Planning Commission ’s Denial of Appeal No. 0565-24, which affirmed the Community Development Director ’s Determination that the application for the “Village at Orange” filed by the Orange JCP Project Owner, LLC and designated as Tentative Tract No. 0053-23, Major Site Plan Review No . 1140-23, and Design Review No. 5123-23 (“Application”) was incomplete. Appeal No. 0566-24.

Adopt Resolution No. 11557. A Resolution of the City Council of the City of Orange denying Appeal No. 0566-24 and affirming the decision of the Planning Commission with respect to the determination made by the Community Development Director under Section 17.08.030(E) of the Orange Municipal Code that the application filed by the Orange JCP Project Owner, LLC is incomplete.

Recommended Action:

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2 City Council Agenda June 5, 2024
Staff Report
Attachment No. 1 Resolution No. 11557
Attachment No. 2 Appeal to City Council and Planning Commission Attachment No. 3 - Planning Commisison Resolution No PC 17-24 (Not yet signed)
Attachment No. 4 Planning Commission Staff Report from May 20, 2024
Attachment No. 5 Draft Planning Commission Meeting Minutes form May 20, 2024
Attachment No. 6 Public Comment from May 20, 2024 Planning Commission Meeting
Attachment No. 7 City's Application Form (blank)
Attachment No. 8 June 5, 2023 Submittal
Attachment No. 9 June 5, 2023 Project Plans (First Submittal) Attachment No. 10 First Incompleteness Letter
Attachment No. 11 September 5, 2023 Email form Chad Ortlieb to Peter Vanek
Attachment No. 12 September 1, 2023 Email from Peter Vanek to Chad Ortlieb
Attachment No. 13 September 5, 2023 Project Plans (Second Submittal)
Attachment No. 14 Memo memorializing 9 80 Schedule
Attachment No. 15 City Hall 2023 Calendar
Attachment No. 16 Second Incompleteness Letter
Attachment No. 17 February 26, 2024 Resubmittal
Attachment No. 18a February 26, 2024 Project Plans with Trash Carts (Third Submittal)
Attachment No. 18b February 26, 2024 Project Plans with Trash Bins (Third Submittal)
Attachment No. 19 Third Incompleteness Letter
Attachment No. 20 Appeal to Planning Commission Application Attachment No. 21 Memo Memorializing Delegation of Authority Attachments:

3. ADJOURNMENT
The next Regular City Council meeting will be held on Tuesday, June 11, 2024, at 6:00 p.m., in the Council Chamber.

I, Jennifer Connally, CMC, Deputy City Clerk for the City of Orange, do hereby declare, under penalty of perjury, that a full and correct copy of this agenda was posted pursuant to Government Code Section 54950 et. seq., at the following locations: Orange Civic Center kiosk and Orange City Clerk's Office at 300 E. Chapman Avenue, Orange Main Public Library at 407 E. Chapman Avenue, Police facility at 1107 N. Batavia Street, and uploaded to the City's website www.cityoforange.org.

Date posted: June 4, 2024

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3 City Council Agenda June 5, 2024

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4 Agenda Item
City Council
Item #: 2.1. 6/5/2024 File #: 24-0361
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
An Appeal of the Planning Commission’s Denial of Appeal No. 0565-24, which affirmed the Community Development Director’sDetermination that the application for the “Villageat Orange”filed by the Orange JCP Project Owner, LLC and designated as Tentative Tract No. 0053-23, Major Site Plan Review No. 1140-23, and Design Review No. 5123-23 (“Application”)was incomplete. Appeal No. 0566-24.

2. SUMMARY
The Orange JCP Project Owner, LLC, represented by Peter Vanek, (Appellant) is appealing the Planning Commission’s denial of Appeal No. 0565-24 affirming the City’s determination that the application for the proposed project is incomplete. As background, the proposed project (the Village District at Orange) is a request to residentially develop 7.8 acres on the former JC Penny Site at the Village at Orange mall with 167 for sale condominiums. The proposed project includes a subsequent application for 42 below market rate deed restricted (at 80% AMI) accessory dwelling units with kitchenettes. With the accessory dwelling units, the project total is 209 units. The proposed project is located at 2200 N Tustin Street. The Application was deemed incomplete because it did not include a request for a Zone Change and General Plan Amendment.

3. RECOMMENDED ACTION
Adopt Resolution No. 11557. A Resolution of the City Council of the City of Orange denying Appeal No. 0566-24 and affirming the decision of the Planning Commission with respect to the determination made by the Community Development Director under Section 17.08.030(E) of the Orange Municipal Code that the application filed by the Orange JCP Project Owner, LLC is incomplete.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
d: Assure the development of the City occurs in a fashion that maximizes public safety.

6. DISCUSSION AND BACKGROUND
The Orange Municipal Code (OMC) requires that a completeness determination be made by the City of Orange Printed on 6/4/2024Page 1 of 6
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Community Development Director of the City. (Section 17.08.030(E)) OMC Section 17.08.050(A) authorizes the Planning Commission to review and take action on an appeal of any action taken by the Community Development Director in the administration or enforcement of the provisions of Chapter 17.08.

A timely appeal of the Planning Commission’sMay 20, 2024 determination was received by the City on June 3, 2024. In anticipation of a potential appeal of the Planning Commission’sdetermination and in light of the requirements contained in the Permit Streamlining Act requiring a final written determination not later than 60 days from the written appeal, on May 23, 2024. the City posted notification of the public meeting to hear and decide the subject appeal in at least three public places within City boundaries, including one place in the area directly affected by the proceeding.

The Appellant’sappeal form, and supporting documentation, for both the City Council and Planning Commission appeals, is included with this appeal (Attachment 2 & 20). Although this appeal pertains exclusively to the Planning Commission’sdecision on the completeness determination made by the Community Development Director and does not pertain to the underlying project itself, staff has also included all plans for the project submitted throughout the application process that was begun in June of 2023 (Attachments 9,13, 18a and 18b).

Chronology. As background, the following is a chronology of relevant dates:

On June 5, 2023, the Appellant submitted a formal application for the “Villageat Orange”on the City’s Land Use Project Application Information Packet (City’s Application Form) (Attachment 7).

Generally, Appellant has proposed a total 209-unit development consisting of 167 for-sale condominiums, 42 units in the form of accessory dwelling units (ADUs) proposed to be deed- restricted as affordable units, a recreation center, and a 1,500 square foot restroom and meeting room (Project). Appellant submitted the Project on the City’sApplication Form on June 5, 2023 (June 5, 2023 Submittal) (Attachment 8).

The City responded in writing on July 5, 2023, within 30 days of the June 5, 2023 Submittal, that the Project application was “incomplete.”The Application was deemed incomplete, in part, because the Appellant failed to provide Plan Content Requirements and fee deposits specifically for a General Plan Amendment (GPA) and Zone Change (ZC) (First Incompleteness Letter). The City provided exhaustive comments to the Appellant in order to ensure expeditious processing (Attachment 10).

The Appellant submitted additional materials on September 5, 2023 (September 5, 2023 Resubmittal) (Attachment 13). Appellant sent an initial email on September 1, 2023, indicating that hard copies would be submitted “thatafternoon,”following staff’sreiterating the need for an application for a GPA and ZC and indeed requesting hard copies of plans, consistent with the City’sApplication Form at

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9/80 Schedule with hard copies received and stamped by staff on Tuesday, September 5, 2023, also following the Labor Day holiday closure on September 4, 2023 (Attachment 14 & Attachment 15).

Within 30 days of the September 5, 2023 Resubmittal, on October 5, 2023, the City responded in writing and indicated that the application was again “incomplete”based, in part, on the failure to provide specified information, including the failure to provide Plan Content Requirements and fee deposits specifically for a GPA and ZC. The other outstanding item was a failure to identify “trash enclosures”(required by Plan Content Requirements, Section F, on Page 16 of the City’sLand Use Project Application Information Packet). The City continued to provide additional comments, albeit in City of Orange Printed on 6/4/2024Page 2 of 6
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Project Application Information Packet). The City continued to provide additional comments, albeit in the form of additional tables (Table B and C) in order to ensure the Appellant was aware of potential development standards and concerns (Second Incompleteness Letter) (Attachment 16).

On February 26, 2024, Appellant provided the City with revised plans, identifying trash enclosures for the type of development proposed as well as alternative plans, with carts (“February 26, 2024 Resubmittal”). (See Attachment 17). However, the February 26 Resubmittal did not include application for a GPA or ZC.

Within 30 days of the February 26, 2024 Resubmittal, on March 27, 2024, the City determined that Appellant’s“applicationremains incomplete due to the omission of submittal items and plan content as specified” in the City’sApplication Form. Table A detailed the additional information required (Third Incompleteness Letter) (Attachment 19).

On April 10, 2024, the Appellant appealed the determination of incompleteness contained in the Third Incompleteness Letter. On May 20, 2024, the Planning Commission denied Appeal No. 0565-24 by adoption of Resolution No. PC 17-24 (Attachments 3, 4, 5, 6, and 20). That determination was appealed on June 3, 2024. The decision of the Planning Commission is the subject of the appeal now pending before the City Council.

Pursuant to OMC Section 17. 08.030(E), the Application is incomplete without: (1) a request for a GPA indicating the desired General Plan Designation, (2) a request for a ZC indicating the desired Zoning classification, and (3) payment of the associated fees. While not relevant, a number of points were raised by the Appellant at the Planning Commission. Those points are addressed below.

1. The City’s Submittal Requirements Are Contained in the City’s Land Use Application Form.

The City’sLand Use Project Application Information Packet contains the City’sSubmittal Checklist required by Government Code Section 65940. The Table of Contents, at Page i, show the City’s “Submittal Requirements,” as contained on Pages 4-10 and “Plan Content” Requirements, as contained on Pages 11-17, with each checklist containing the City’s requirements for processing development applications. The City’sLand Use Project Application Information Packet, which sets forth requirements, is available online to all applicants.

Appellant submitted numerous plans and supporting materials required in the Land Use Project Application Information Packet, beginning at Page 4, such as the Landowner’sAffidavit, Letter of Explanation/Justification, Proof of Property Ownership, Preliminary Title Report and Legal Description. Appellant also submitted the applicable Site Plan requirements, including a Grading Plan (required at B on Page 6) and Fire Master Plan (required at H, at Page 8).

2. City Timely Responded to the Submittal and All Resubmittals The City timely responded to the June 5, 2023 Submittal and September 5, 2023 Resubmittal. The deadline for a completeness determination for the June 5, 2023 Submittal was July 5, 2023. The City’sFirst Incompleteness Letter was sent to the Appellant on July 5, 2023. The deadline for the September 5, 2023 Resubmittal was October 5, 2023. The City’sSecond Incompleteness Letter was sent to the Appellant on October 5, 2023. City Hall was closed on Friday, September 1, 2023 (due to the 9/80 Schedule) and Monday, September 4, 2023 (Labor Day Holiday). No submittals could have been received on that date. Communication between Chad Ortlieb and Mr. Vanek confirm this.

The City responded to the February 26, 2024 Resubmittal on March 27, 2024, also within the thirty City of Orange Printed on 6/4/2024Page 3 of 6
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The City responded to the February 26, 2024 Resubmittal on March 27, 2024, also within the thirty days required by State law and the OMC.

3. The February 26, 2024 Resubmittal, the Submittal, and the Previous Resubmittals Were Incomplete.

The February 26, 2024 Resubmittal is incomplete (as was the Submittal and previous Resubmittal) because the Appellant did not indicate, as required on Page 2, Section 6 Table (Project Description/Request) the Proposed Land Use Designation, and the Application did not include in any Plan submittals, including the February 26, 2024 Resubmittal, the “Existing”and “Proposed”General Plan land designation or Zoning classification, as required on Page 15 (3rd and 4th bullet points on that Page) of the City’s Land Use Application.

The lack of an application for a GPA and ZC has been stated in all three incompleteness letters sent to the Appellant. For the September 5, 2023 Resubmittal, the City had continued to note the requirement for a GPA and ZC to accommodate the proposed Project. It also noted (as had been previously listed in the First Incompleteness Letter) that a Landscape Plan (listed on Page 6, at (C), third bullet, of the Submittal Items on the City’sApplication Form), a (revised) Roof Plan (Page 14 at (E)) and Lighting Requirements (noted as Illumination, at Page 13) were all required and were all listed in the City’sApplication Form, as noted. Staff also required identification of the appropriate trash enclosures (Page 16, third bullet, as part of Section F- Site Plans of Plan Content Requirements of the City’sApplication Form). It is clear that the September 5, 2023 Resubmittal was also incomplete, although not at issue for this Appeal.

As to the February 26, 2024 Resubmittal, had the Appellant provided the required information and applied for the GPA and ZC, an application fee would have been required to be submitted as well.

No application and no fees were received by the City. We note the importance of a General Plan designation and Zone Change: First, the City is required to apply appropriate development standards to each project. Although similarities exist between distinct zoning classifications, each classification has differing requirements. Second, without a GPA and ZC, the property at issue would become a legal (or illegal) non-conforming use. Such a result would be contrary to State law and public policy.

5. Whether the So-Called Builder’s Remedy Contained in Government Code Section 65589.5(d) of the Housing Accountability Act (HAA) Applies is Irrelevant; Even So- Called Builder’sRemedy Applications Require Processing of General Plan and Zoning Amendments
Nothing State law prevents the City from processing in a normal fashion an application that purports to have protections under the so-called Builder’sRemedy provision of the Housing Accountability Act City of Orange Printed on 6/4/2024Page 4 of 6
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8 Item #: 2.1. 6/5/2024 File #: 24-0361
to have protections under the so-called Builder’sRemedy provision of the Housing Accountability Act (HAA). Government Code Section 65589.5(d) provides only that a city cannot deny or condition in a manner to make infeasible certain projects that contain a specified percentage of affordable housing without making one of five enumerated findings set out by the law.

The City is not precluded from requiring that a project purporting to meet the criteria of the law submit, at minimum, the desired General Plan designation and Zoning classification, and fees.

In addition, there is no separate application to submit as the City’sApplication Form is a “master” application. Applicant/Appellant was simply required to indicate the desired General Plan designation and Zoning Classification and pay the required fees. All entitlements would be processed and heard concurrently, with no additional delay for these additional requests.

Submitting a GPA and ZC is required and ensures staff can continue to provide meaningful feedback that will bring more housing to the City, which has a demonstrated need, as contained in its substantially compliant 2021-2029 Housing Element.

7. ATTACHMENTS
· Attachment No. 1: City Council Resolution No. 11557
· Attachment No. 2: Appeal to City Council and Planning Commission · Attachment No. 3: Planning Commission Resolution No. PC 17-24 (not yet signed) · Attachment No. 4. Planning Commission Staff Report from May 20, 2024 · Attachment No. 5: Draft Planning Commission Meeting Minutes from May 20, 2024 · Attachment No. 6: Public Comment from May 20, 2024 Planning Commission Meeting · Attachment No. 7: City’s Application Form (blank)
· Attachment No. 8: June 5, 2023 Submittal
· Attachment No. 9: June 5, 2023 Project Plans (First Submittal) · Attachment No. 10: First Incompleteness Letter
· Attachment No. 11: September 5, 2023 Email From Chad Ortlieb to Peter Vanek · Attachment No. 12: September 1, 2023 Email from Peter Vanek to Chad Ortlieb · Attachment No. 13: September 5, 2023 Project Plans (Second Submittal) · Attachment No. 14: Memo Memorializing 9/80 Schedule
· Attachment No. 15: City Hall 2023 Calendar
· Attachment No. 16: Second Incompleteness Letter
· Attachment No. 17: February 26, 2024 Resubmittal
· Attachment No. 18a: February 26, 2024 Project Plans with Trash Carts (Third City of Orange Printed on 6/4/2024Page 5 of 6
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Submittal)
· Attachment No. 18b:February 26, 2024 Project Plans with Trash Bins (Third Submittal) · Attachment No. 19: Third Incompleteness Letter
· Attachment No. 20: Appeal to Planning Commission Application · Attachment No. 21: Memo Memorializing Delegation of Authority City of Orange Printed on 6/4/2024Page 6 of 6
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10 Agenda Item
City Council
Item #: 2.1. 6/5/2024 File #: 24-0361
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
d: Assure the development of the City occurs in a fashion that maximizes public safety.

6. DISCUSSION AND BACKGROUND
The Orange Municipal Code (OMC) requires that a completeness determination be made by the City of Orange Printed on 6/4/2024Page 1 of 6
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11 Item #: 2.1. 6/5/2024 File #: 24-0361
Community Development Director of the City. (Section 17.08.030(E)) OMC Section 17.08.050(A) authorizes the Planning Commission to review and take action on an appeal of any action taken by the Community Development Director in the administration or enforcement of the provisions of Chapter 17.08.

Chronology. As background, the following is a chronology of relevant dates:

On June 5, 2023, the Appellant submitted a formal application for the “Villageat Orange”on the City’s Land Use Project Application Information Packet (City’s Application Form) (Attachment 7).

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9/80 Schedule with hard copies received and stamped by staff on Tuesday, September 5, 2023, also following the Labor Day holiday closure on September 4, 2023 (Attachment 14 & Attachment 15).

Within 30 days of the September 5, 2023 Resubmittal, on October 5, 2023, the City responded in writing and indicated that the application was again “incomplete”based, in part, on the failure to provide specified information, including the failure to provide Plan Content Requirements and fee deposits specifically for a GPA and ZC. The other outstanding item was a failure to identify “trash enclosures”(required by Plan Content Requirements, Section F, on Page 16 of the City’sLand Use Project Application Information Packet). The City continued to provide additional comments, albeit in City of Orange Printed on 6/4/2024Page 2 of 6
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12 Item #: 2.1. 6/5/2024 File #: 24-0361
Project Application Information Packet). The City continued to provide additional comments, albeit in the form of additional tables (Table B and C) in order to ensure the Appellant was aware of potential development standards and concerns (Second Incompleteness Letter) (Attachment 16).

1. The City’s Submittal Requirements Are Contained in the City’s Land Use Application Form.

The City responded to the February 26, 2024 Resubmittal on March 27, 2024, also within the thirty City of Orange Printed on 6/4/2024Page 3 of 6
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The City responded to the February 26, 2024 Resubmittal on March 27, 2024, also within the thirty days required by State law and the OMC.

3. The February 26, 2024 Resubmittal, the Submittal, and the Previous Resubmittals Were Incomplete.

As to the February 26, 2024 Resubmittal, had the Appellant provided the required information and applied for the GPA and ZC, an application fee would have been required to be submitted as well.

5. Whether the So-Called Builder’s Remedy Contained in Government Code Section 65589.5(d) of the Housing Accountability Act (HAA) Applies is Irrelevant; Even So- Called Builder’sRemedy Applications Require Processing of General Plan and Zoning Amendments
Nothing State law prevents the City from processing in a normal fashion an application that purports to have protections under the so-called Builder’sRemedy provision of the Housing Accountability Act City of Orange Printed on 6/4/2024Page 4 of 6
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14 Item #: 2.1. 6/5/2024 File #: 24-0361
to have protections under the so-called Builder’sRemedy provision of the Housing Accountability Act (HAA). Government Code Section 65589.5(d) provides only that a city cannot deny or condition in a manner to make infeasible certain projects that contain a specified percentage of affordable housing without making one of five enumerated findings set out by the law.

The City is not precluded from requiring that a project purporting to meet the criteria of the law submit, at minimum, the desired General Plan designation and Zoning classification, and fees.

7. ATTACHMENTS
· Attachment No. 1: City Council Resolution No. 11557
· Attachment No. 2: Appeal to City Council and Planning Commission · Attachment No. 3: Planning Commission Resolution No. PC 17-24 (not yet signed) · Attachment No. 4. Planning Commission Staff Report from May 20, 2024 · Attachment No. 5: Draft Planning Commission Meeting Minutes from May 20, 2024 · Attachment No. 6: Public Comment from May 20, 2024 Planning Commission Meeting · Attachment No. 7: City’s Application Form (blank)
· Attachment No. 8: June 5, 2023 Submittal
· Attachment No. 9: June 5, 2023 Project Plans (First Submittal) · Attachment No. 10: First Incompleteness Letter
· Attachment No. 11: September 5, 2023 Email From Chad Ortlieb to Peter Vanek · Attachment No. 12: September 1, 2023 Email from Peter Vanek to Chad Ortlieb · Attachment No. 13: September 5, 2023 Project Plans (Second Submittal) · Attachment No. 14: Memo Memorializing 9/80 Schedule
· Attachment No. 15: City Hall 2023 Calendar
· Attachment No. 16: Second Incompleteness Letter
· Attachment No. 17: February 26, 2024 Resubmittal
· Attachment No. 18a: February 26, 2024 Project Plans with Trash Carts (Third City of Orange Printed on 6/4/2024Page 5 of 6
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Submittal)
· Attachment No. 18b:February 26, 2024 Project Plans with Trash Bins (Third Submittal) · Attachment No. 19: Third Incompleteness Letter
· Attachment No. 20: Appeal to Planning Commission Application · Attachment No. 21: Memo Memorializing Delegation of Authority City of Orange Printed on 6/4/2024Page 6 of 6
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16 RESOLUTION NO. 11557

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE DENYING APPEAL
NO. 0566-24 AND AFFIRMING THE

DECISION OF THE PLANNING

COMMISSION WITH RESPECT TO THE

DETERMINATION MADE BY THE

COMMUNITY DEVELOPMENT DIRECTOR
UNDER SECTION 17.08.030(E) OF THE

ORANGE MUNICIPAL CODE THAT THE

APPLICATION FILED BY THE ORANGE JCP

PROJECT OWNER, LLC IS INCOMPLETE
WHEREAS, the City Council has authority under Orange Municipal Code (“OMC”) Section 17.08.050(A) to hear matters appealed from the Planning Commission under the Planning Commission’s authority “to review and take action on an appeal of any action taken by the Community Development Director in the administration or enforcement of the provisions of Chapter 17.08”; and
WHEREAS, on May 20, 2024, the Planning Commission heard Appeal No. 0565-24 under OMC Section 17.080.050(A) with respect to a completeness determination made by the Community Development Director under OMC Section 17.08.030(E) (which provides that “Within 30 days of receipt of an application for a development project, the Community Development Director shall make a determination and notify the applicant as to whether the application is complete”); and
WHEREAS, as background, on June 5, 2023, the Orange JCP Project Owner, LLC (“Applicant”) applied for several entitlements, including Tentative Tract No. 0053-23, Major Site Plan Review No. 1140-23 and Design Review No. 5123-23 (“Application”), and resubmitted materials in furtherance of the Application on September 5, 2023 and February 26, 2024 after determinations that the Application was incomplete; and WHEREAS, on March 27, 2024, the City provided the Applicant with a third letter of incompleteness (“Letter of Incompleteness”) indicating that the Application was incomplete, specifically, based on the Applicant’s failure to apply for a General Plan Amendment and Zone Change, as required by the City’s Land Use Project Application Information Packet; and WHEREAS, on April 10, 2023, the Applicant timely filed an appeal pursuant to OMC Section 17.08.050, in writing, upon forms provided by the City (“Planning Commission Appeal”) to the Planning Commission; and
WHEREAS, on June 3, 2024, the Applicant timely filed an appeal pursuant to OMC Section 17.08.050, in writing, upon forms provided by the City (“City Council Appeal”) to the City Council; and
17 2
WHEREAS, pursuant to Section 17.08.050(F)(2), the City Council may affirm, reverse or modify, in whole or in part, the action that was appealed, and may also make or substitute additional decisions or determinations as it finds warranted under the provisions of Chapter 17.08 of the OMC.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ORANGE HEREBY RESOLVES as follows:

1. The foregoing recitals are true and correct.

2. Appeal No. 0566-24 is denied. Specifically, the determination of the Planning Commission with respect to the completeness determination made by Community Development Director on March 27, 2024, as contained in that Letter of Incompleteness relative to the Application filed, is affirmed, in whole, based on the following: (1) the facts and findings contained in the Administrative Report provided to the Planning Commission; (2) the facts and findings contained in the Administrative Report provided to the City Council; (3) the discussion and deliberations of the Planning Commission on May 20, 2024; and (4) the discussion and deliberations of the City Council on June 5, 2024, which are hereby incorporated into this Resolution by this reference.

3. For clarification, the City Council’s determination on Appeal No. 0566-24 shall constitute the City’s final written determination under the Permit Streamlining Act, pursuant to Government Code Section 65943(c).

ADOPTED this 5th day of June, 2024
Daniel R. Slater, Mayor, City of Orange
ATTEST:

Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:

Mike Vigliotta, City Attorney
18 3

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
19 RESOLUTION NO. PC 17-24

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ORANGE DENYING APPEAL NO. 0565-24 AND AFFIRMING THE

DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR UNDER SECTION 17.08.030(E) OF THE ORANGE MUNICIPAL CODE

DETERMINING THAT THE APPLICATION FILED BY THE ORANGE

JCP PROJECT OWNER, LLC IS INCOMPLETE

APPLICANT: THE ORANGE JCP PROJECT OWNER, LLC

WHEREAS, the Planning Commission generally has authority based on Orange Municipal Code (“OMC”) Section 17.08.050 “to review and take action on an appeal of any action taken by the Community Development Director in the administration or enforcement of the provisions of Chapter 17.08”; and

WHEREAS, OMC Section 17.08.030(E) requires that a completeness determination be made by the Community Development Director and provides “Within 30 days of receipt of an application for a development project, the Community Development Director shall make a determination and notify the applicant as to whether the application is complete”; and

WHEREAS, on June 5, 2023, the Orange JCP Project Owner, LLC (“Applicant”) applied for several entitlements, including Tentative Tract No. 0053 -23, Major Site Plan Review No. 1140-23 and Design Review No. 5123-23 (“Application”), and resubmitted materials in furtherance of the Application on September 5, 2023 and February 27, 2024 after determinations that the Application was incomplete; and

WHEREAS, on March 27, 2024, the City provided the Applicant with a third letter of incompleteness (“Letter of Incompleteness”) indicating that the Application was incomplete, specifically, based on the Applicant’s failure to apply for a General Plan Amendment and Zone Change, as required by the City’s Land Use Project Application Information Packet; and

WHEREAS, on April 10, 2023, the Applicant timely filed an appeal pursuant to OMC Section 17.08.050, in writing, upon forms provided by the City (“Appeal”); and

WHEREAS, the Planning Commission has authority and may act on Appeal No. 0565- 24 of the Community Development Director’s determination under OMC Section 17.08.030(E) that the application filed by the (“Applicant”) on February 27, 2024 is incomplete, based on OMC Section 17.08.050; and

WHEREAS, on May 20, 2024, the Planning Commission heard the Appeal and considered the record and such additional evidence offered, based on OMC Section 17.08.050 (E)(2); and

WHEREAS, also pursuant to Section 17.08.050(E)(2), the Planning Commission may affirm, reverse or modify, in whole or in part, the action that was appealed, and may also make 20 or substitute additional decisions or determinations as it finds warranted under the provisions of Chapter 17.08 of the OMC.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ORANGE HEREBY RESOLVES as follows:

1. The foregoing recitals are true and correct.

2. Appeal No. 0565-24 is denied. Specifically, the determination of the Community Development Director made on March 27, 2024, as contained in that Letter of Incompleteness relative to the Application filed, is affirmed, in whole, based on the facts, information, interpretations and findings contained in the Administrative Staff Report provided to the Planning Commission, which is hereby incorporated into this Resolution by this reference.

ADOPTED this ____ day of _____________________, 2024.

_______________________________________
David Vazquez, Chair, City of Orange

21 Agenda Item
Planning Commission
Item #: 5.2. 5/20/2024 File #: 24-0293
TO: Chair and Members of the Planning Commission
THRU: Russell Bunim, Community Development Director
Anna Pehoushek, Assistant Community Development Director FROM: Chad Ortlieb, Principal Planner

1. SUBJECT
Appeal of a letter deeming incomplete the “Village District at Orange” Application designated as Tentative Tract No. 0053-23, Major Site Plan Review No. 1140-23, and Design Review No. 5123-23 (“Application”) located at 2200 N. Tustin Street; Appeal No. 0565-24.

2. SUMMARY
The Orange JCP Project Owner LLC, represented by Peter Vanek, (“Applicant/Appellant”)appeals the Community Development Director’sMarch 27, 2024, letter which deemed the “VillageDistrict at Orange” Application as incomplete (“Appeal”).

3. RECOMMENDED ACTION
Adopt Planning Commission Resolution No. PC 17-24 entitled:

A Resolution of the Planning Commission denying Appeal No. 0565-24 and upholding the Community Development Director’s letter deeming the “Village District at Orange” Application as incomplete.

4. AUTHORIZING GUIDELINES
Orange Municipal Code (OMC) Section 17.08.050(A) authorizes the Planning Commission to review and take action on an appeal of any action taken by the Community Development Director in the administration or enforcement of the provisions of Chapter 17.08. Section 17.08.030(E) requires that a completeness determination be made by the Community Development Director.

5. PROJECT BACKGROUND
Applicant: The Orange JCP Project Owner, LLC, Peter Vanek Property Owner The Orange JCP Project Owner
Property Location 2200 N. Tustin Street
Existing General Plan Land
Use Element Designation
General Commercial Max. 1.0 FAR (CG)
Existing Zoning Classification Limited Business Tustin Redevelopment Project Area (C-TR) Specific Plan/PC None
Site Size 7.8 Acres
Circulation Access to the site is predominantly from Canal Street. Secondary access could occur via circulation through the greater mall site from N. Tustin Street, E. Heim Avenue, and E. Meats Avenue.

Existing Conditions The site consists of an 85,650-square-foot building formerly occupied by JC Penney connected to the vacant Village at Orange Mall. The remainder of the separate 7.8 acre parcel consists of a parking lot and associated landscaping.

Surrounding Land Uses and
Zoning
North - Parking lot and the Walmart building. South - Parking lot and the Sears building. West - N. Canal Street followed by single family residences. East - The vacant Village at Orange Mall and remaining exterior tenants followed by N. Tustin Street The single-family residences west of the site are zoned R-1-7 and R-1-10. The other surrounding uses are zoned C-TR
Previous
Applications/Entitlements
Applications currently in processing include Tentative Tract No. 0053-23, Major Site Plan Review No. 1140-23, and Design Review No. 5123-23.

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22 Item #: 5.2. 5/20/2024 File #: 24-0293
Applicant: The Orange JCP Project Owner, LLC, Peter Vanek Property Owner The Orange JCP Project Owner
Property Location 2200 N. Tustin Street
Existing General Plan Land
Use Element Designation
General Commercial Max. 1.0 FAR (CG)
Existing Zoning Classification Limited Business Tustin Redevelopment Project Area (C-TR) Specific Plan/PC None
Site Size 7.8 Acres
Circulation Access to the site is predominantly from Canal Street. Secondary access could occur via circulation through the greater mall site from N. Tustin Street, E. Heim Avenue, and E. Meats Avenue.

6. PROJECT DESCRIPTION
The underlining development consists of 167 for-sale condominiums on 7.8 acres at the former JC Penny Site, located at the Village at Orange Mall (2200 N Tustin Street). The development includes a subsequent request for 42 below market rate, deed restricted accessory dwelling units (“ADUs”)with kitchenettes. With the accessory dwelling units, the development would total 209 units. Staff is not providing further description of the development or including any of the plans because the appeal pertains exclusively to the City’s March 27, 2024 letter deeming the Application as incomplete.

7. ANALYSIS AND STATEMENT OF THE ISSUES
As background, the following is a chronology of relevant dates:

The Appellant has submitted a formal application for the “Villageat Orange”on the City’sLand Use Project Application Information Packet (“City’s Application Form”) (See Attachment 2).

Generally, Appellant has proposed a total 209-unit development consisting of 167 for-sale condominiums, 42 units in the form of ADUs proposed to be deed-restricted as affordable units, a recreation center, and a 1,500 square foot restroom and meeting room (“Project”). Appellant submitted the Project on the City’sApplication Form on June 5, 2023 (“June 5, 2023 Submittal”). (See Attachment 3)
Within thirty (30) days of the June 5, 2023 Submittal, on July 5, 2023, the City responded to that June 5, 2023 Submittal by written correspondence and indicated that the Project application was “incomplete.”It was incomplete based, in part, on the Appellant’sfailure to provide Plan Content Requirements and fee deposits specifically for a General Plan Amendment (“GPA”)and Zone Change (“ZC”)(“First Incompleteness Letter”). The Appellant also failed to include other specified information. The City provided exhaustive comments to the Appellant in order to ensure expeditious processing. (See Attachment 4).

The Appellant resubmitted materials in furtherance of the Project on September 5, 2023 (“September 5, 2023 Resubmittal”)(See Attachment 5). Appellant sent an initial email on September 1, 2023, indicating that hard copies would be submitted “thatafternoon,”following staff’sreiterating the need City of Orange Printed on 5/17/2024Page 2 of 6
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indicating that hard copies would be submitted “thatafternoon,”following staff’sreiterating the need for an application for a GPA and ZC and indeed requesting hard copies of plans, consistent with the City’sApplication Form at Page 6. (See Attachment 6) City Hall was closed on Friday, September 1, 2023, as part of its 9/80 Schedule with hard copies received and stamped by staff on Tuesday, September 5, 2023, also following the Labor Day holiday closure on September 4, 2023. (See Attachment 7 & Attachment 8)
Within thirty (30) days of the September 5, 2023 Resubmittal, on October 5, 2023, the City responded by written correspondence to the September 5, 2023 Resubmittal and indicated that the application was again “incomplete”based, in part, on the failure to provide specified information, including the failure to provide Plan Content Requirements and fee deposits specifically for a GPA and ZC. The other outstanding item was a failure to identify “trash enclosures” (required by Plan Content Requirements, Section F, on Page 16 of the City’sLand Use Project Application Information Packet). The City continued to provide additional comments, albeit in the form of additional tables (Table B and C) in order to ensure the Appellant was aware of potential development standards and concerns. (“Second Incompleteness Letter”) (See Attachment 9).

On February 26, 2024, Appellant provided the City with revised plans, identifying trash enclosures for the type of development proposed as well as alternative plans, with carts (“February 26, 2024 Resubmittal”). (See Attachment 10). However, the February 26 Resubmittal did not include application for a GPA or ZC.

Within thirty (30) days of the February 26, 2024 Resubmittal, on March 27, 2024, the City determined that Appellant’s “application remains incomplete due to the omission of submittal items and plan content as specified” in the City’s Application Form. Table A detailed the additional information required. (“ThirdIncompleteness Letter”)(See Attachment 11). The determination of incompleteness contained in this Third Incompleteness Letter is the subject of the appeal pending before the Planning Commission, and was filed by the Appellant on April 10, 2024 (“Appeal”) (Attachment 12).

It is staff’sposition that the Application is incomplete without: (1) a request for a GPA indicating the desired General Plan Designation, (2) a request for a ZC indicating the desired Zoning classification, and (3) payment of the associated fees. As is the City’spractice, all GPA and ZC applications would be processed concurrently and expeditiously with all other requests for entitlements, including the Tentative Tract No. 0053-23, Major Site Plan Review No. 1140-23, and Design Review No. 5123-23.

1. The City’s Submittal Requirements Are Contained in the City’s Land Use Application Form.

The City’sLand Use Application was available to the Appellant on June 5, 2023, and thereafter. (See Attachment 13). It clearly sets out the City’srequirements. Indeed, Appellant submitted numerous plans and supporting materials listed, beginning at Page 4, such as the Landowner’sAffidavit, Letter of Explanation/Justification, Proof of Property Ownership, Preliminary Title Report and Legal Description. It also submitted the applicable Site Plan requirements, including a Grading Plan City of Orange Printed on 5/17/2024Page 3 of 6
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(required at B on Page 6) and Fire Master Plan (required at H, at Page 8).

The City responded to the February 26, 2024 Resubmittal on March 27, 2024, also within the thirty days required by State law and the OMC.

3. The February 26, 2024 Resubmittal, the Submittal, and the Previous Resubmittals Were Incomplete.

The February 26, 2024 Resubmittal is incomplete (as was the Submittal and previous Resubmittal) because the Appellant did not indicate, as required on Page 2, Section 6 Table (“Project Description/Request”) the Proposed Land Use Designation, nor did they include in any Plan submittals, including the February 26, 2024 Resubmittal, the “Existing”and “Proposed”General Plan land designation or Zoning classification, as required on Page 15 (3rd and 4th bullet points on that Page) of the City’s Land Use Application.

The lack of an application for a GPA and ZC has been included in all three incompleteness letters sent to the appellant. For the September 5, 2023 Resubmittal, the City had continued to note the requirement for a GPA and ZC to accommodate the proposed Project. It also noted (as had been previously listed in the First Incompleteness Letter) that a Landscape Plan (listed on Page 6, at (C), third bullet, of the Submittal Items on the City’sApplication Form), a (revised) Roof Plan (Page 14 at (E)) and Lighting Requirements (noted as Illumination, at Page 13) were all required and were all listed in the City’sApplication Form, as noted. Staff also required identification of the appropriate trash enclosures (Page 16, third bullet, as part of Section F- Site Plans of Plan Content Requirements of the City’sApplication Form). It is clear that the September 5, 2023 Resubmittal was also incomplete, although not at issue for this Appeal.

As to the February 26, 2024 Resubmittal, had the Appellant provided the required information and applied for the GPA and ZC, an application fee would have been required to be submitted as well.

4. All of the City’s Incompleteness Letters Were Sent on Behalf of the Community Development Director by their Designee
The City’sThird Letter of Incompleteness, as well as previous letters of incompleteness, was and were executed by Chad Ortlieb on behalf of the City and, specifically, under the authority provided to the Community Development Director by the OMC. Appellant is incorrect that the letter was “senton behalf of Chad Ortlieb.”The letter was signed by Chad Ortlieb because Chad Ortlieb is the planner City of Orange Printed on 5/17/2024Page 4 of 6
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behalf of Chad Ortlieb.”The letter was signed by Chad Ortlieb because Chad Ortlieb is the planner assigned to this Application and the Community Development Director’s designee, based on a delegation of the Community Development Director’s authority granted to him in the OMC. (Attachment 14) It is the City’sstandard practice to have designees prepare and execute letters on behalf of the City. (See Attachment 15). As an official communication of the City, Chad Ortlieb’s signature represents the determination of the City, whose representative is the Community Development Director. The City did not run afoul of State law or its own Code by having Chad Ortlieb execute an incompleteness letter.

5. Whether the So-Called Builder’s Remedy Contained in Government Code Section 65589.5(d) of the Housing Accountability Act (“HAA”) Applies is Irrelevant; Even So- Called Builder’sRemedy Applications Require Processing of General Plan and Zoning Amendments
Nothing in the law provides that a City cannot process in a normal fashion an application that purports to have protections under the so-called Builder’s Remedy provision of the Housing Accountability Act (“HAA”). Government Code Section 65589.5(d) provides only that a city cannot deny or condition in a manner to make infeasible certain projects that contain a specified percentage of affordable housing without making one of five enumerated findings set out by the law.

The City is not precluded from requiring that a project purporting to meet the criteria of the law submit, at minimum, the desired General Plan designation and Zoning classification, and fees. This has been the City’sconsistent position since the June 5, 2023 Submittal because so-called Builder’s Remedy projects, like all other development applications, must still be processed in a manner that provides both staff and applicant clarity on appropriate development standards and creates, if/when approved, planning standards that are internally consistent and properties that are correctly designated and classified.

8. PUBLIC NOTICE
On May 9, 2024, the City posted notification of the public meeting to hear and decide the subject appeal in at least three public places within City boundaries, including one place in the area directly affected by the proceeding, pursuant to Section 17.08.040(4)(b).

9. ADVISORY BOARD ACTION
Staff Review Committee:

The Staff Review Committee reviewed the Application on June 14, 2023, September 20, 2023 and March 13, 2024.

10. ATTACHMENTS
· Attachment No. 1: Planning Commission Resolution No. PC 17-24 City of Orange Printed on 5/17/2024Page 5 of 6
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· Attachment No. 2: City’s Application Form (blank)
· Attachment No. 3: June 5, 2023 Submittal
· Attachment No. 4: First Incompleteness Letter
· Attachment No. 5: September 5, 2023 Email From Chad Ortlieb to Peter Vanek · Attachment No. 6: September 1, 2023 Email from Peter Vanek to Chad Ortlieb · Attachment No. 7: Memo Memorializing 9/80 Schedule
· Attachment No. 8: City Hall 2023 Calendar
· Attachment No. 9: Second Incompleteness Letter
· Attachment No. 10: February 26, 2024 Resubmittal
· Attachment No. 11: Third Incompleteness Letter
· Attachment No. 12: Appeal
· Attachment No. 13: Memo Declaring City Application Form has been on the City’sWebsite Since June 5, 2023.
· Attachment 14: Memo Memorializing Delegation of Authority · Attachment No. 15: Incompleteness Letters from Planners Monique Schwartz, Ryan Agbayani, Tiffany Chhan and Chad Ortlieb (as Senior Planner).

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27 City of Orange
Planning Commission
May 20, 2024

MINUTES - DRAFT
The Planning Commission of the City of Orange, California convened on May 20, 2024, at 5:30 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.

1. OPENING/CALL TO ORDER
Chair Vazquez called the meeting to order at 5:31 p.m.

1.1 PLEDGE OF ALLEGIANCE
Commissioner Maldonado led the flag salute.

1.2 ROLL CALL

Present: Simpson, Vejar, Maldonado, McCormack, and Vazquez

Absent: Martinez, and Tucker

2. PUBLIC COMMENTS
None.

3. CONSENT CALENDAR

3.1. Approval of meeting minutes of the City of Orange Planning Commission Regular Meeting held on May 6, 2024.

ACTION: Approved minutes as presented.

Approval of the Consent Calendar
A motion was made by Commissioner Maldonado, seconded by Commissioner Vejar, to approve the Consent Calendar. The motion carried by the following vote:

Simpson, Vejar, Maldonado, McCormack, and VazquezAyes:

NoneNoes:

Martinez, and TuckerAbsent:

4. PUBLIC HEARINGS

4.1. Public Hearing to consider First Amendment to an existing Development Agreement with Chapman Orange Holdings, LLC for a hotel project and finding of CEQA exemption.

Chair Vazquez opened the public hearing at 5:36 p.m.; there being no speakers, Chair Vazquez closed the public hearing at 5:36 p.m.

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28 Planning Commission Minutes - Draft May 20, 2024
A motion was made by Commissioner Simpson, seconded by Commissioner McCormack, to:

1. Adopt Planning Commission Resolution No. 18-24. A Resolution of the Planning Commission recommending that the City Council of the City of Orange approve a First Amendment to a Development Agreement with Chapman Orange Holdings, LLC for a hotel project located at 3000 West Chapman Avenue.

2. Find that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines, Section 15332 (Class 32 - In-Fill Development).

The motion carried by the following vote:

Simpson, Vejar, Maldonado, McCormack, and VazquezAyes:

NoneNoes:

Martinez, and TuckerAbsent:

5. NEW BUSINESS

5.1. General Plan conformance finding for Fiscal Year 2024-2025 through 2028-2029 Five-Year Capital Improvement Program and finding of CEQA exemption.

A motion was made by Chair Vazquez, seconded by Commissioner Maldonado to:

1. Find that the projects identified within the proposed five -year Capital Improvement Program are consistent with the City’s General Plan.

2. Find that the action is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378.

The motion carried by the following vote:

Simpson, Vejar, Maldonado, McCormack, and VazquezAyes:

NoneNoes:

Martinez, and TuckerAbsent:

5.2. Appeal of a letter deeming the “Village District at Orange” project Application (“Application”), located at 2200 N. Tustin Street, as incomplete; Appeal No . 0565-24 (Tentative Tract No. 0053-23, Major Site Plan Review No. 1140-23, and Design Review No. 5123-23).

Public Speaker:

Travis Van Ligten, Attorney for Applicant, spoke on behalf of the project.

A motion was made by Chair Vazquez, seconded by Commissioner Vejar, to adopt Planning Commission Resolution No. PC 17-24. Resolution No. PC 17-24. A Resolution of the Planning Commission denying Appeal No. 0565-24 and upholding the Community Development Director's letter deeming the "Village District at Orange " Application as incomplete.

The motion carried by the following vote:

Simpson, Vejar, Maldonado, McCormack, and VazquezAyes:

NoneNoes:

Martinez, and TuckerAbsent:

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29 Planning Commission Minutes - Draft May 20, 2024

6. ADJOURNMENT
There being no further business, the meeting was adjourned at 6:41p.m.

The next Regular Planning Commission meeting will be held on June 3, 2024 at 5:30 p.m., in the Council Chamber, 300 E. Chapman Avenue, Orange California 92866. _____________________________________
Anna Pehoushek, FAICP
Assistant Community Development Director

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DRAFT
30 May 20,2024
Planning Commission
M eeting
Public Comment
31 Item 5.2
Appeal of a letter deeming incomplete the
"Village District at Orange" Application
designated as Tentative Tract No. 0053-23,
Major Site Plan Review No. 1140-23, and
Design Review No. 5123-23 ("Application")
located at22OO N. Tustin Stree! Appeal No.
0565-24
32 DF
Moy17,2024
City of Oronge Plonning Commission
3OO E. Chopmon Ave
Oronge, Cl.92866
Re: Proposed Housing Development Project ot 22OO N. Tustin Street Dear City of Orange Planning Commission,
Specifically, CaIHDF would like to remind the Commission that the Housing Accountability Act (Gov. Code, S 65589.5; the "HAA") specificaily and expressly prohibits requiring a rezoning and general plan amendment for builder's remedy projects. (Id. at subd. (d(s).) Gov. Code, S 65589.5 (dxs) prohibits a non-compiiant local agency (such as the City of Orange) from denying a qualifying application to build a mixed-or low-income project on the basis of an inconsistency with the agenry's zoning or general plan. Of course a local agency cannot require that these very same zoning or general plan documents be amended as a condition of approving such a project; that is legally and practically identical to a denial on the basis of an inconsistenry with those documents.

Given that the City's Housing Element was not in compliance as of the date that the application was submitted, the City may not deny the application or require that the applicant submit a rezoning and/or general plan amendment application. 35O Grond Ave #323, Ooklond 94610
rrww.colhdf.org
By emoil : <d infoGrcityoforon ge.org
CC: ottyinfoocityoforonge.oro; [email protected]; clerkinfoGrcityoforqnge.org; pcolemonGrcityoforonge.org; mvi gliottoracityoforo nge.org
The California Housing Defense Fund ("CalHDF") submits this letter to remind the Commission of its obligation to abide by all relevant state housing laws when evaluating the proposed 210-unit housing development project at 2200 North TUstin Street, inciuding 42 affordable ADUs.

The recent court ruling in Calforn[a Housing Defense Fund v. City of La Cafiada Flintridge, L.A.S.C. Case No. 23STCP02614 (attached to this Ietter) confirms this. In that case, the City of La Caflada Flintridge argued that it was entitled to deem a developer's application 33 "incomplete" because there were discretionary processes (such as a rezoning application) that the Citywished to force the application to complete prior to approving or disapproving the underlying entitlements application. The court ruled in favor ofthe Petitioners, holding that the City's "incomplete" determination constituted a denial of the project, and that the City could not rule the project incomplete because the applicant had not submitted an application to rezone the parcel. Precisely the same reasoning applies here.

The City of Orange's position is also at odds with the decision in Ruegg 6 Ellsworth v. City of Berkeley, Alameda County Superior Court Case No. RG18930003, which was later affirmed by the Court ofAppeal. See Ruegg 6 Ellsworthv. City of Berkeley (2023) 89 Cal.App.Sth 258. There, the City of Berkeley argued that it had not "denied" an application within the meaning ofthe LIAA because an alternative discretionary pathway remained available for the applicant. The trial court rejected Berkeley's argument, holding that the City denied the project when it attempted to coerce the applicant into filing a different, discretionary application.

If the Commission denies this appeal and requires the applicant to submit an application for a rezoning and general plan amendment, then it risks litigation. Furthermore, the HAA allows nonprofit organizations, such as CalHDF, to bring suit to enforce the act. If the City loses such a lawsuit, then it is Iiable for attorney's fees and cost of suit. Of course, the applicant is also entitled to judicial remedies.

As you are well aware, California remains in the throes of a statewide crisis-level housing shortage. New housing such as this is a public benefit; it will bring increased tax revenue, new customers to local businesses, and it will reduce displacement ofexisting residents into homelessness. While no one project will solve the statewide housing crisis, the proposed development is a step in the right direction. CaIHDF urges the Commission to approve it, consistent with its obligations under state law.

CaIHDF is a 501(c)3 non-profit corporation whose mission includes advocating for increased access to housing for Caiifornians at all income Ievels, including low-income households.

You may leam more about CaIHDF at www.calhdf.org.

Dylan Casey
CaIHDF Executive Director
2of3
Sincerely,
34 James M. Lloyd
CaIHDF Director of Planning and Investigations
3 of 3
fu,t w
35 City of Orange
Community Development Department – Planning Division
300 East Chapman Avenue, Orange CA 92866
(714) 744-7220 • fax (714) 744-7222
This application form is available online at: www.cityoforange.org

APPLICATION

INFORMATION PACKET
36 i
Land Use Project Application .......................................................1 Submittal Checklist .......................................................................4 Plan Content Requirements ........................................................11 Table of Contents
Community Development
Department Mission Statement
To guide the development and preservation of a
livable, safe, and sustainable Orange.
37 1
Land Use
Project Application
City of Orange
Community Development Department
Planning Division
300 East Chapman Avenue
Orange, CA 92866-1591
(714) 744-7220 (714) 744-7222 FAX
www.cityoforange.org
SECTION 1 – Site Information
Project Title/Name: __________________________________________________________________________________ Project Address/Location: ____________________________________________________________________________ Assessor Parcel Number: _____________________________________________________________________________ Tract/Lot Number: ___________________________________________________________________________________ REQUIRED: Briefly describe your proposed project:
___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ SECTION 2 – Applicant Information
Name of Company and Person Responsible: ____________________________________________________________ Mailing Address: ______________________________City: ___________________________State: ______Zip: _______ Phone Number:___________________Cell:___________________E-mail: _____________________________________ SECTION 3 – Contact Information (main contact person for project) ¦ same as Applicant Name of Company and Person Responsible: ____________________________________________________________ Mailing Address: _____________________________________City: _________________ State: _____Zip: __________ Phone Number:___________________Cell:___________________E-mail: _____________________________________ SECTION 4 – Property Owner Information (land owner information, not tenant) ¦ same as Applicant Name of Company and Person Responsible: ____________________________________________________________ Mailing Address: ______________________________________City: _________________State: _____Zip: __________ Phone Number:___________________Cell:___________________E-mail: _____________________________________ This section to be completed by Staff
APP . TYPE NUMBER FEE/DEPOSIT
TOTAL:

Historic District/Historic Property: ¦ Yes ¦ No
Orange Park Acres: ¦ Yes ¦ No
General Plan: __________________ Zoning: ____________________ Billing No: ____________________ Payment Type: ______________ Date Filed: ____________________ Received By: ________________ 38 2
SECTION 5 – Billing Information (Person below is responsible for paying invoices and receiving refunds; must be filled in.) ¦ same as Applicant Name of Company and Person Responsible: ____________________________________________________________ Mailing Address: _____________________________________________________________________________________ City: ___________________________ State: ________________________________ Zip: _________________________ Phone Number:___________________Cell:___________________E-mail: _____________________________________ SECTION 6 – Project Information
(Section Required. If no construction proposed, fill in Existing column only) Project Description/Request: Existing Proposed
Land Use (commercial, residential, industrial)
Lot Size
Number of Structures on Lot
Square Footage of Entire Building
Square Footage of Subject Unit (if applicable)
Number of Floors of Construction (if applicable)
Number of Parking Spaces on Property
Square Footage of Landscaping
SECTION 7 – Land Owner Affidavit (If Property Owner and Applicant are the same, then notary is not required.) _________________________________________ declares that I am the owner of the property addressed or (print name above)
otherwise located as follows:
____________________________________________________________________________________________________ (print address above)
I hereby certify that I am the owner of the real property described in this application. I hereby authorize this application to be processed for my property, and grant authority to the applicant to represent me and to bind me in all matters concerning this application. I certify that all of the information contained in this application, including the information contained in all plans and other materials submitted with this application, are, to the best of my knowledge and belief, true and correct. Should any of the information submitted be false or incorrect, I hereby agree to defend, indemnify, and hold harmless, the City of Orange, its officers, agents, and employees, from any and all liability and loss by reason of its reliance on any such information. I grant authority to the City to place a public hearing notice on the subject property if one is required.

Property Owner Signature:___________________________________________________ Date: ___________________ 39 3

ACKNOWLEDGMENT
State of California
County of Orange
On ____________________ before me,_________________________________________, personally appeared ____________________________________________________________________________________________________ _________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _________________________________ (Seal)
SECTION 8 – Certification (Every application must be signed below by the Applicant.) I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge.

Applicant Signature: ______________________________________ Date: _____________________________________ Print Name: _____________________________________________ Telephone No: _____________________________ 40 4
Land Use Project Application
Submittal Checklist
The checklist below is intended to assist you in putting together a complete application packet so that your project can be processed in the most expeditious manner possible. If you have any questions about which items are required, please contact City planning staff at (714) 744-7220. Once your submittal is made, your Project Planner will review it for completeness and notify you in writing within 30 days as to whether the application is complete (OMC Section 17.08.030.E).

Submittal Items Required With Every Application:
❍ Application – Completed City “Land Use Project Application.” (Pages 1 – 3 attached) The application must be complete, typed or handwritten legibly, and signed. Additional sheets may be attached if necessary.
❍ Application processing fee(s) and/or deposit. Please note: The cost of processing your project is charged according to the hours spent by staff in checking plans; discussing the project with you, your architect, members of the public, and other staff members; writing a staff report; preparing/reviewing an environmental analysis; field surveys; public notices; and attending public hearings. You will also be billed separately for project related costs such as public notice advertising, postage, and City Attorney fees if these are required for your project. Total cost may vary widely according to the size of the project and the complexity of the issues. Submittal of your initial application deposit establishes an account to which project costs are charged. At the close of your case, any remaining funds will be returned to you. In some cases, depending on the complexity of the project, additional funds may be requested to replenish the deposit. ❍ Landowner’s Affidavit. (Page 2 within the Land Use Project Application attached.) The authorization confirms the property owner’s authorization that a specific agent(s) may act on his/her behalf. The affidavit must be notarized, unless the Applicant and the Property Owner is the same person. If the property owner is a corporation or LLC, please provide documentation that the individual signing the affidavit is authorized to do so.
❍ Letter of explanation/justification. Explain in detail what is proposed and the reason(s) why the City should approve the project. On a separate sheet(s) of paper include a detailed description of your proposal including the following items:
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1. For non-residential projects, company name, type of business, use(s), hours of operation, company owned vehicles, number of employees, type of materials handled, history of the business, and any other information necessary to describe the proposed use.

2. Describe physical characteristics of the property including any existing structures on the site, the use, architecture, topography, mature landscaping/trees, and any other
information necessary to describe the proposed use.

3. Describe the surrounding properties, including the type of land use (such as residential, commercial, industrial, etc.), intensity of land use (such as single-family, apartment houses, retail stores, etc.), and scale of development
(height, frontage, setback, rear yard, etc.).

4. Explain any unique conditions of the site such as location, shape, and/or topography.

5. Explain any phasing of the project.

6. For Alcohol Beverage Control (ABC) applications, provide: hours of operation, number of employees (total and per shift), how alcohol will be displayed on the premises, 4 copies of the menu if serving food, number of seats broken down by table and/or bar, design of outdoor seating barrier/gate, and name of ABC investigator if known.
❍ Proof of property ownership. Proof of property ownership shall be provided in the form of a grant deed, title report, or other similar instrument that officially documents property ownership. ❍ Preliminary title report and legal description of the property. Staff will review the title report to ensure no easements or other restrictions exist on the property which may cause changes to your plans or hamper approval of your project.
❍ Checklist. Please submit this checklist with your application information. 42 6
Submittal Items Required for Your Application
(Per Consultation with Planner):

Plans and Supporting Materials
Site plan, elevation(s), landscape plan(s), and floor plan(s) shall be submitted per the requirements beginning on Page 11. “Half Size” plans are recommended for your proposal, provided plans are to graphic scale and text is legible.

The Project Planner may require large scale (full size) plans for your project depending on the complexity. All plans must be stapled into sets, then folded to approximately 8½"x11." For projects requiring review by the City's inter-departmental staff review committee (SRC), visit www. cityoforange.org/our-city/departments/community-development/ planning-division/staff-review-committee.
❍ A. Plans. Submittal of following plans will be required:
❍ Electronic format plans (PDF)
❍ Zoning Administrator: Three (3) sets of detailed plans ❍ Administrative Design Review: Three (3) sets of detailed plans ❍ Design Review: One (1) initial set, additional sets required as specified by planner
❍ Site Plan Review: Four (4) sets
❍ B. Grading Plan. A preliminary grading plan may be required at the discretion of the Public Works Department. Detailed information about grading plan content is provided on page 16 of this application. Please contact Public Works Department Subdivision staff at (714) 744-5525 and visit the SRC Development Services webpage for further information. ❍ C. Landscape Plan. A landscape plan for all projects that involve new construction or building additions must be submitted for review and approval (for individual single-family residential projects, over 5,000 square feet). If your project requires a Water Quality Management Plan (WQMP) ( see page 8), please ensure your landscape architect and civil engineer coordinate plans. Please contact the City’s Senior Landscape Coordinator in the Community Services Department at (714) 532-6464 for further information.
❍ D. Photos of site and surrounding properties.

1. 3" x 5" or 4" x 6" mounted on 8 ½" x 11" cardstock
(digital reproductions acceptable).

2. Label each photo with address and orientation.
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❍ E. Notification Map, Mailing List, and Labels. The timing of label submittal will be determined by City planning staff once a mailing date has been identified to ensure that the labels represent current information.

1. Obtain copies of assessor parcel maps and ownership lots for the subject parcel and surrounding properties within a radius of 400' from all property lines.

2. A Title Company or Ownership Listing Service must furnish maps and labels, with evidence of preparation provided by the company or service, and a declaration that the information is based upon the most recent equalized assessment or up-to-date records of the Orange County tax assessor.

3. On map, draw radius/circle line (to scale) 400 feet from and around the exterior of the parcel.

4. Obtain three (3) sets of self-adhesive labels that identify names and address- es of:
a. All owners of real property located within 400 feet of the subject parcel as identified by the assessor’s parcel maps.
b. All tenants and/or occupants located on the subject parcel and within 400 feet of the subject parcel as identified by the assessor’s parcel maps. For example, if rental properties are located within the notification area, provide a list of the names and addresses of each tenant or occupant. If names are unknown, use “tenant” or “occupant.”
c. Project applicant, if different than property owner
d. Homeowners Association
e. Parcel numbers must be identified on each label.
❍ F. Color and Materials Board. A color and materials board is required for each project requiring Design Review. The Board should be no larger than 8 ½" x 11", unless the scale or complexity of the project warrants a larger size to present the colors and materials and how they are being used, and include:

1. Paint colors

2. Roof material

3. Stucco or other finish material
Technical Studies and Focused Information Needs
❍ G. Alcohol Sales. The City of Orange requires any establishment requesting the on- or off-site sales of beer, wine, or distilled spirits to obtain a conditional use permit. Staff will submit your completed application to the Police Department for review. The Police Department will evaluate the crime statistics and number of alcohol licenses existing in the area surrounding your location and make a recommendation of approval or denial. This determination is required prior to Planning 44 8
Commission review. The Police Department requires a separate deposit, which can be paid at the same time and location as the Planning Division fees. You may contact the Police Department at (714) 744-7551 to discuss your project and the related processing fee. ❍ H. Fire Master Plan. A Fire Master Plan may be required for your project to ensure that site planning and project design factor in fire access, hose pull distances, and laddering areas in the early stages of project review. Please contact Fire Prevention Staff at (714) 288-2541 and visit the SRC Fire Prevention webpage for further information.
❍ I. Crime Prevention. Project design features that address the Orange Police Department's Building Security Ordinance and Guidelines may be required to ensure that site planning and project design foster a safe environment through factors such as site lighting, clear sight lines, and window placement. Please contact Crime Prevention staff at (714) 744-7327 and visit the SRC Crime Prevention webpage for further information. ❍ J. Environmental and Technical Studies. Staff may determine, based on the description of your project, that specific technical studies will be required. Additional studies may be required once staff reviews your project in greater depth. Please also be advised that payment of environmental filing fees through the County of Orange may be required based on the type of environmental review needed for your project. The Project Planner will inform you if fee payment is required. ¦ Noise ¦ View Simulations ¦ Cultural Resources ¦ Traffic ¦ Greenhouse Gas Emissions ¦ Hazards (Hazardous Materials) ¦ Air Quality ¦ Biological Resources ¦ Other _______________ ❍ K. Water Quality Management Plan (WQMP). A WQMP is required for most projects with few exceptions. The WQMP is a plan for managing the quality of stormwater or urban runoff that flows from a developed site after construction is completed and the facilities or structures are occupied.

Please contact Surfce Water Quality in the Public Works Department at (714) 744-5525 and visit the SRC Water Quality webpage for further information and related processing deposit. ❍ L. Solid Waste Management. Coordination with the City's solid waste hauler and submittal of a Solid Waste Plan may be required for your project. Please contact the City's solid waste hauler for setting up solid waste collection service. For additional resources, please visit the City's SRC Solid Waste webpage. The Solid Waste Management Plan shall include a generation estimate for trash, recycling, and organics (TRO Estimate) in cubic yards per week and discussion on how each solid waste component will be managed. As part of the review process, all projects will be reviewed for compliance with AB 341: Mandatory Commercial Recycling (MCR), and AB 1826: Mandatory Commercial Organics Recycling (MORe). These regulations also address waste management for multi-family residential developments of five units or more. Please contact the Public Works 45 9
Administrative Manager in the Public Works Department at (714) 744-5588 and visit the SRC Solid Waste webpage.
❍ M. Wireless Facilities. In addition to the application requirements identified in OMC Sections

17.08.030 and 17.12.025, Wireless Communication applicants shall also submit the following:

1. A statement, map, and list identifying the addresses of all of the providers wireless communication facilities within in a one (1) mile radius of the proposed site. The statement shall include a declaration regarding:
a. The facility’s capacity for future co-location.
b. Information stating why the proposed wireless facility location is required. c. Why the site was not co-located, located within the public right-of-way, or on a publicly owned or controlled property or utility if a nearby facility was available. d. An assessment of the potential for co-location opportunities shall be provided, including a statement and evidence of any refusal by other wireless telecommunications service providers regarding co-location. e. In the case of non-stealth, non-co-located ground-mounted facilities the declaration shall include a list of alternative sites considered in the site selection process along with an indication as to why such alternative sites were rejected (the applicant shall demonstrate a good faith effort to co-locate on existing facilities, within the public right-of-way, or on a publicly owned or controlled property or utility).

2. A visual impact demonstration using photo-simulations, elevations, and/or other visual or graphic illustrations from adjacent properties and/or public rights-of-way as coordinated with Planning Staff depicting the potential visual impact(s) of the wireless communication facility in its proposed setting.

3. A report detailing operational and capacity needs of the applicant’s system within the vicinity of the proposed wireless telecommunications facility. The report shall detail in laymen’s terms how the proposed site or facility is necessary to address the current demand for service and limitations of the applicant’s current system. 46 10
Neighborhood - Specific Information Needs
❍ N. Historic District Supplemental Information. For projects within a historic district, additional information may be required to evaluate your project’s compatibility with the neighborhood and conformance with the design standards for the historic district. Staff may request information on the streetscape pattern of properties in the immediate vicinity of the project site, the average Floor Area Ratio for the block around the property, and specifications for proposed building materials and features. Staff will inform you of the required supplemental information based on the scope of your project. Historic Preservation design standards are available at https://www.cityoforange.org/ our-city/departments/community-development/planning-division/historic-preservation. ❍ O. Orange Park Acres Community Review. Per City Council Resolution 10081, certain project types within the Orange Park Acres (OPA) Plan Area are subject to review by the OPA Board prior to consideration by other City determining bodies. The project types include: General Plan Amendment, Zone Change, Specific Plan Amendment, Tract Map, Major Site Plan Review, Conditional Use Permit, and/or Zone Change. Please contact the OPA Board at “Orange Park Association; P .O. Box 2293; Orange, CA 92859” or www.orangeparkacres.org. Staff will provide you with an additional hand-out regarding OPA’s Procedure for Review of Development Proposals. 47 11
Plan Content Requirements
Plans submitted with an application typically consist of site plan, elevations, floor plans, grading plan, and landscape plan. Please number all the pages of the plans and take note of the requirements below.

Omission of the requirements will delay the processing of your application.

A. Site Plan: All portions of the site plan and elevations should be adequately detailed and dimensioned so that no measurement is left blank. The following lists each item that must include an accurate dimension:
❍ Buildings – depict footprints and indicate square footages:
• Existing
• Proposed
• Setbacks – front, side, rear, building-to-building
❍ Distance between the proposed project and buildings within 100 feet of site
❍ Easements:
• Existing
• Proposed including all property to be dedicated to the City for streets, corner cutoffs, or other purposes
❍ Landscape areas
❍ Public right-of-way improvements – All existing improvements within the public right-of-way abutting the project including:
• Driveways
• Sidewalks
• Street trees/tree wells
• Water/Electric meters/equipment (on- and off-site)
• Utility boxes
• Fire hydrants
• Street lights
• Traffic control devices
• Public transportation stops
• Backflow device
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❍ Parking area:
• Parking spaces (standard, accessible, electric vehicle, and motorcycle. • Typical parking space detail
• Pedestrian walkways
• Accessible access routes
• Drive aisles
• Driveways (on site, across the street from the site, and adjacent to site) • Loading zones and pick up/drop off areas
• Bicycle racks
• Streets and alleys intersecting into abutting streets (centerline to curb, centerline to property line, curb to property line)
❍ Utility meters/transformers/back-flow preventors (on project site) – existing and proposed B. Elevations: The elevations shall be accurately prepared according to a standard architectural or engineering scale. All portions of the elevations should be adequately detailed and dimensioned. A checklist of the required project information follows for your convenience:
❍ Architectural detailing
❍ Building:
• Height
• Width
• Finished floor elevations
❍ Colored rendering of all four sides of proposed
building(s)
❍ Colors
❍ Delineation of existing versus proposed area for
additions
❍ Depth of architectural transition
❍ Exterior finish materials (i.e. stucco, wood siding, etc.) • Buildings
• Fences and walls
• Roof
❍ Roof mounted mechanical equipment and screening
C. Elevations for sign(s) and/or sign programs: Elevations shall be accurately prepared according to a standard architectural or engineering scale. All portions of the elevations should be adequately 49 13
detailed and dimensioned.

A checklist of the requirements follows for your use and convenience:
❍ Color rendering – provide rendering or indicate colors on elevations
❍ Colors
❍ Dimensions
• Height
• Width
• Depth
❍ Illumination – indicate method of illumination, if applicable (contact the Police Department at (714 ) 744-7327 to inquire about address illumination)
❍ Letter type style
❍ Materials
❍ Attachment detail (for historic districts only)
❍ Site Plan shall include:
• Building and tenant frontage
• Setbacks
• Sign locations
• Vehicular sight distances if located near street intersections and/or driveways D. Floor Plan: The floor plan must include:
❍ Interior layout and dimensions (show all existing and proposed floor plans) as well as square footage on each floor.

1. Floor area calculations – non-residential: Non-residential structures are calculated according to gross floor area and use the exterior wall dimensions.

2. Floor area calculations – primary residential units: Primary residential structures are calculated according to GFA and use the exterior wall dimensions. All floor spaces within the structure are included in the wall-to-wall calculation. Exterior porches, decks, and balconies, which are open on at least two sides, are not counted towards the square footage. Attached and detached garages and other accessory structures shall count towards the overall Floor Area Ratio (FAR) and lot coverage of the primary residential structure. Garages shall not be counted as habitable space.

If the primary structure has multiple stories, the square footage of the stairs, or horizontal floor area of the stairwell shall be counted on each floor. For example, on a two-story house, the square footage of the stairs shall be counted towards the first floor. The horizontal floor area 50 14
of the stairwell shall be counted towards the second floor. If there are more than two stories in the primary structure, the square footage of the stairs shall count on each floor, with the top floor counting the stairwell only. Any floor space surrounding the stairwell would be counted towards the square footage calculation and the FAR.

3. Floor area calculations – accessory dwelling units: accessory dwelling units (ADU) are calculated according to GFA and use the exterior wall dimensions. All floor spaces within the unit are included in the wall-to-wall calculation. Exterior porches, decks, and balconies, which are open on at least two sides, are not counted towards the unit floor area.

If the proposed ADU has multiple stories, the square footage of the stairs shall be counted on the first floor only. The stairwell on the second and subsequent floors of stairs would not be counted in the square footage calculation. Any floor space surrounding the stairwell would be counted towards the square footage calculation.
❍ Finished floor elevations (show adjacent finish grade and floor elevations). ❍ ADA compliance (handicapped accessibility) when required.

E. Roof Plan. A plan depicting the placement and dimensions of all roof mounted equipment. The plan should show the roof pitch, direction, and any proposed screening.

F. Site Plans (Existing and Proposed): Separate existing and proposed site plans are required for all projects. The site plans shall be accurately prepared according to a standard architectural or engineering scale and include a north arrow and legend. All portions of the site should be adequately detailed and dimensioned. Checklists of the required project information and dimensions follow; however, additional information may be required:

1. Project Information:
❍ Contact information:
• Company name/contact person
• Mailing address
• Telephone number
• E-mail address
❍ Site information:
• Address
• Assessor’s parcel number
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• Existing entitlements
• Lot number
• Tract number
❍ General Plan land use designation:
• Existing
• Proposed
❍ Zoning designation:
• Existing
• Proposed
❍ Land use (on-the-ground use such as residential, retail, or industrial):
• Existing
• Proposed
❍ Lot size:
• Existing
• Proposed
❍ Floor area:
• Existing
• Proposed
❍ Density:
• Existing
• Proposed
❍ Property lines – indicate which lines will be removed or created and by what process (lot line adjustment, parcel map, etc.):
• Interior
• Perimeter
❍ Building Code information for existing and proposed
buildings:
• Construction type (Type I-V; A or B)
• Occupancy Type
• Type of construction (steel, wood, masonry, etc.)
• Size, use, height, and roof if existing building size changes or new building proposed.
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• ADA Compliance
❍ Parking information:
• Total existing
• Total proposed
• Number of accessible spaces
❍ Residential projects:
• Unit type (number of bedrooms per unit)
• Mix of unit types
❍ Trash Enclosures
G. Fire Master Plan: The Fire Master Plan must be scaled and include:
❍ Identification of sprinklered and non-sprinklered buildings. ❍ Identification all on and off site fire hydrants within 400 feet of project site along fire department access route.
❍ Identification all existing and proposed Fire Department access lanes. ❍ Preparation of a Fire Master Plan may also be required identifying means of access, laddering areas, emergency vehicle turnaround, Fire Department connections, and information as specified by the Orange Fire Department.

H. Preliminary Grading Plan: A Preliminary Grading Plan must include:
❍ Section details for areas where project site joins adjacent properties. ❍ Quantities of cut and fill when earthwork is being performed. ❍ Finished floor and pad elevations for all proposed structures demonstrating compliance with the Orange County Hydrology Manual.
❍ Drainage patterns and features including flow line grades, and elevations of all swales, gutters, and drainage structures.
❍ Path of runoff to street or storm drain facilities, with details for entrance to storm drains or that runoff to street is directed over drive approaches.
❍ For multi-family residential and commercial development, the location of trash enclosure(s) designed to comply with City of Orange Public Works Standards 409. 53 17
I. Landscape Plan: A conceptual landscape plan must address hardscape and paved areas, and include:
❍ Amount of existing and proposed landscape area (sq. ft. and as percentage of site). ❍ Amount of existing landscape area (sq. ft. and as percentage of site) to be refurbished to water efficient plant material and irrigation.
❍ Amount of site area dedicated to pools and/or other water features. ❍ Show and label all plant material (including existing trees to be retained or removed, and the location, quantity, percent of landscape/hardscape, size, spacing, species and plan symbol of all new trees and plant material).
❍ City inspection notes should be included on planting and irrigation plans. The City’s Senior Landscape Coordinator can provide information about the City inspection notes. 54 55
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76 CITY OF ORANGE

DEPARTMENT OF COMMUNITY DEVELOPMENT www.cityoforange.org

ADMINISTRATION PLANNING DIVISION BUILDING DIVISION CODE ENFORCEMENT DIVISION (714) 744-7240 (714) 744-7220 (714) 744-7200 (714) 744-7244 fax: (714) 744-7222 fax: (714) 744-7222 fax: (714) 744-7245 fax: (714) 744-7245 ORANGE CIVIC CENTER • 300 E. CHAPMAN AVENUE • ORANGE, CA 92866-1508

July 5, 2023

The Orange JCP Project Owner, LLC
Attn: Peter Vanek
888 San Clemente Drive, Ste. 100
Newport Beach, CA 92660
[email protected]

ELECTRONIC MAIL

RE: Tentative Tract Map No. 0053 -23, Major Site Plan Review No. 1140-23, Design Review No. 5123-23, Mitigation Monitoring Program No. 0002-23, and General Plan Amendment, Zone Change, and Environmental No. to be determined – The Village District at Orange, 2200 N Tustin Street

Dear Mr. Vanek:

On June 5, 2023, Planning Staff received applications and preliminary plans seeking vesting rights pursuant to developer remedy provisions of State statute . The project description accompanying your preliminary application includes the following:

• A residential development on 7.8 acres on the former JC Penny Site at the Village at Orange mall
• 167 for sale condominiums plus 42 below market rate deed restricted (at 80% AMI) accessory dwelling units (“ADUs”) with kitchenette (209 units total) • A 1,500 square foot restroom and community meeting room • Demolition of a pproximately 100,000 rentable square fe et of existing retail space, consisting of the former JCPenney building
• A residential density of approximately 21 units per acre, not including the ADUs • Processing of one or more tentative map(s) for condominium purposes • At present, the Project does not include any requests for density bonus, incentives, concessions, waivers or reductions of development standards, or parking reductions under the Density Bonus Law

At the June 14, 2023, Staff Review Committee Meeting City staff reviewed your preliminary application, plans, and supplemental materials and determined that your preliminary application is deemed incomplete, pursuant to Government Code Section 65941.1(a).

Please find attached Table A, which details the additiona l information required . Should you be eligible and decide to submit a revised preliminary application or formal application, please fill in 77 The Village District at Orange
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the Applicant Response Column of Table A and provide the requested application materials. Staff will fill in the “Completed” column when the issue has been addressed. You must include a copy of this letter with your application re-submittal. Table A can also be provided to you electronically in Word document format if requested.

Please do not hesitate to contact me with any questions at (714) 744 -7237 or [email protected].

Sincerely,

Chad Ortlieb
Principal Planner

Enclosures: Table A
Table B

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N:\CDD\PLNG\Applications\Tentative Tract Maps\TTM 0053-23 The Village District at Orange\SRC 6-14-23\Staff Comments\Incomplete Letter 7-3-23 Final.docx Table A – Correction Items:

Completed
(Staff Use)
Comment
Number
Sheet
No. Staff Comment Applicant Response
Comments in “BLACK” are from the 1st submittal, comments in “BLUE” are from a subsequent submittal. Comments that have been satisfied are marked with and “X” in the completed column, all other comments have not been addressed or satisfied.

Community Development Department, Planning Division:

Chad Ortlieb, Principal Planner
(714) 744-7237 or [email protected]

1. Your preliminary application was provided on the City’s Land Use Project Application. Please supplement your application by including the information required by Government Code Section 65941.1. Place the information in a revised project description letter.

Should you decide to provide a formal application in pursuit of your developer remedy development proposal, provide a formal City Land Use Project Application located on the City website at:
https://www.cityoforange.org/home/showpublisheddocument/25 4/637957451799000000
Include all “Submittal Items” in the application including but not limited to plans, “Plan Content Requirements”, fee deposits for missing GPA/ZC/ENV applications, materials, and supplemental materials. You may also resubmit a Preliminary Application Form with the missing information described in this letter.

Also, at the time of formal application submittal, provide a separate Accessory Dwelling Unit (ADU) Application and all required information for the proposed ADUs as specified in the application located on the City website at:

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(Staff Use)
Comment
Number
Sheet
No. Staff Comment Applicant Response
https://www.cityoforange.org/home/showpublisheddocument/24 6/637958161181630000
Include all “Submittal Items”, “Technical Studies”, and “Plan Content” as specified in the City Accessory Dwelling Unit application.

2. As indicated in the applicant’s Letter of Justification and Explanation, the City of Orange has not adopted a housing element in substantial compliance with Government Code
sections 65580 et seq., therefore the project qualifies for the protections found in Subsection (d)(5) of Gov ernment Code Section 65589.5 (the Housing Accountability Act) and in case of inconsistency with the City’s existing General Plan or zoning shall not be grounds for denial of the application. However, this does not preclude the City from requiring applicants to file for a General Plan Amendment and Zone Change in cases where an inconsistency between the designati ons and res idential use may exist.

The project will require a General Plan Amendment from General Commercial Max. 1.0 FAR (GC) to Neighborhood Mixed Use
Max. 24 du/ac; 1.0-1.5 FAR and a Zone Change from Limited Business Tustin Redevelopment Project Area (C -TR) to
Neighborhood Mixed Use (NMU-24). Please include the request in your application and project description letter. Also ensure that you provide an analysis of th e differences between the designations.

3. The General Plan Environmental Impact Report (EIR) dated March 2010 did not contemplate general residential development

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Sheet
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of the site . Therefore, the necessary General Plan Amendment and accompanying Zone Change will necessitate an EIR for the project. Based on review of preliminary plans, potential exists for significant impacts to occur to under the following issues:

Aesthetics – Analysis is required related to building height obscuring a scenic vista, or introducing intensified light and glare.

Air Quality – Analysis is required related to construction emissions, vehicular trips, and potential intensification of vehicular emission hot spots.

Cultural Resources – A cultural resource assessment of the mall will be required to evaluate the potential significance of the property. The mall was constructed in 1967-1971 and therefore meets one of the criteria for designation on the National Register of Historic Places. Furthermore, it may qualify for listing on th e local Historic Resources Inventory for its social history, architecture, and association with a potentially significant architectural firm. Furthermore, there is a documented presence and occupation of the general vi cinity dating to the Spanish Rancho era of Southern California. These aspects of potential cultural resource impacts should also be considered in the EIR.

Energy – An analysis of the energy use, particularly in relation to available supply, is necessary for the units proposed, including for the electric vehicles they are anticipated to utilize under State emission reduction goals and the overall sustainability of the development.

Geology and Soils - An analysis of seismic -related ground failure, including liquefaction, is required given the site’s proximity to the Pe ralta Hills Fault, as identified in the General Plan Public Safety Element, Figure PS-1.
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Greenhouse Gas Emissions – The greenhouse gas emissions from project construction and operations will need to be assessed individually, and in a cumulative manner.

Population and Housing – An analysis needs to address the substantial unplanned population growth that would be created by the project.

Public Services – Analysis of the project’s impact of City services and infrastructure is required.

Transportation – The p roject needs to address Vehicle Miles Traveled via a Traffic Impact Analysis and the Level of Service changes anticipated to occur by introducing residential use to the area. See the City’s Traffic Impact Analysis Guidelines for Vehicle Miles Traveled and Level of Service Assessment located on the City website at:
https://www.cityoforange.org/home/showpublisheddocument/20 88/637708760828930000
The project also needs to address the sight distance at the projecting curvature for the project’s Canal Street entrance and the increased number of vehicles that will utilize Canal Street for ingress and egress from the project site.

Tribal Cultural Resou rces - Potential for discovery of tribal cultural resources exists during subsurface construction and mitigation may be merited subsequent to tribal consultation. The general vici nity has a documented Native Amer ican presence over the course of history.

Utilities and Service Systems – A Water Supply Assessment is required for the project to determine that water supply needs can accommodate the project and not impact surrounding uses.

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In addition to the above, the potential for cumulative impacts of the project is unknown. An analysis of the project impacts combined with impacts of projects with in an adequate radius of the site will need to be performed.

For use in subsequent submittals, the City’s Local CEQA Guidelines are located on the City website here:
https://cityoforange.prod.govaccess.org/home/showpublisheddoc ument/276/637698180514970000

The City has a CEQA Qualified Consultant List available as a reference for environmental consultant se lection located on the City website here:
https://cityoforange.prod.govaccess.org/home/showpublisheddoc ument/150/637698143293400000
Proposed use of an environmental consultant not identified on the list will require prior City approval.

4. The proposed project appears to be vehicularly isolated from the contiguous mall site. This configuration promotes a “placeless” environment for both the site and to the adjacent sites for connectivity purposes and with regard to providing a high quality neighborhood environment that is integrated with i ts
surroundings. Furthermore, the lack o f greater vehicular connectivity and pass through may provide greater burden on Canal Street, the sole access point. Please describe how the project meets the Issues, Goals, and Policies on page UD-4 of the General Plan Urban Design Element.

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Revising the site design is encouraged to create a block structure within the mall site such that vehicular and pedestrian thoroughfares linearly transect the site to allow for connection to adjacent mall uses and provide for seamless interconnection of future redevelopment. Doing so would promote consistency with Urban Design Element Goals 2.0, 4.0, and 6.0 and Policies 2.2,

2.4, 4.1, 4.3, 6.1, 6.4, and 6.5. This would also promote consistency with the Circulation and Mobility Element, Goal 1.0 and Policy 1.1.

5. The site design should promote consistency with the General Plan including Land Use Element Goals 1.0, 2.0, and 6.0; Circulation and Mobility Element Goals 1.0, 3.0, 4.0, and 6.0; Urban Design Element Goals 2.0, 4.0, and 6.0; and Public Safety Element Goal

7.0, and 9.0. Revise the Letter of Justification to provide a narrative of the proposal’s compliance with the goals and policies.

6. The site is located within Thematic District No. 3 of Tustin Street Design Standards. Demonstrate that the design features of the proposal reflect those of the thematic district in which the site is located. The purpose of the design standards is to foster corridor- compatible architectural design.

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7. Provide a report showing an analysis of existing building materials to plan for removal of any particular hazardous materials, such as asbestos.

8. The proposed ADUs show a direct connection to the interior of units they are attached to. The floor plans for some of these units appear to be labeled as “Adaptable Unit.” Please provide definition and characteristics of an “Adaptable Unit” and the potential rental use of such units. All of the ADU and “Adaptable Units” show both a separate entrance, and an entrance door that leads directly to the primary unit. With this connectivity, an analysis is required to demonstrate how these units will maintain privacy between them and the primary unit and , will also retain properties as separate affordable units. This is particularly necessary since there is an assumption that family members will not exclusively be the ADU occupants given the need for required income qualification. Alternatively, the doors between the ADUs and primary units shall be replaced with solid walls.

9. ADUs are proposed to be deed restricted so that they are available at 80% AMI. The City exceeded our 5 th RHNA cycle needs for units in the 80% AMI category and did not meet our very low- income category housing needs. Therefore, the City shall condition the proposed deed restricted ADUs to be provided at 50% or below AMI to assist in meeting the City’s projected very low-income housing shortfall for the 6th RHNA cycle.

Provide a process under recorded CC&Rs whereby the
association is responsible for tracking, monitoring, and reporting

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Provide drafts of applicable deed restrictions without expiration.

10. Draft CC&Rs shall be submitted at the time a formal application is provided. The CC&Rs shall include all provisions necessary for implementing the above Comment 9 and all provisions of the potential conditions of approval referenced in Table B.

11. With a formal application, provide the required tract map for the project.

12. Provide a demolition plan that details all features proposed for removal from the site including but not limited to buildings, accessory structures, paved surfaces, lighting, landscaping including tree size and type, walls, drive aisles, curb cuts, utility lines, easements, and pedestrian connections. On this demolition plan, include the exact floor area ( square feet ) of all buildings proposed for demolition.

13. The project provides two vehicular points of ingress and egress, both of which lead to Canal Street. Additional points of ingress and egress require analysis for any subsequent applications and shall include evaluation of access from Tustin Street and to the Sears parcel to the south.

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access and parking easements require access across or through the project and if parking on adjacent sites is required to be available for overflow parking from the project, or if project parking is required to be available to adjacent sites. Specific ally describe any easements proposed to be abandoned, and if the Sears property owner or leaser is required to be a party to such abandonment.

15. Provide an existing and proposed site plan showing the entire mall site, including the Sears, JC Penney, Village At Orange, Walmart leased properties, outparcels, and any other properties with reciprocal access or parking rights. On this site plan, show and number all existing parking spaces and a tabulation table disseminating spaces by parcel. Ensure you provide both an existing and proposed site plan of the entire mall site with tabulations.

16. The project proposes 42 deed restricted affordable ADUs and includes floor plans for the attached ADU units. It is unknown whether the buyers of units without deed restricted ADUs could request a floor plan substitution to one of the ADU floor plans.

Please note that if such s ubstitution would be accommodated during the construction phase, project conditions would require the resulting ADU to also be deed restricted for leasing to only very low- or below income levels.

17. Provide the sum of all required guest parking spaces in your parking summary. Also please specifically state any additional parking being provided for proposed ADUs. If you are not proposing to provide parking, or are providing reduced parking for the ADUs, describe the parking exclusion that is being relied

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on. If the exclusion is based upon being within one -half mile walking distance of public transit as defined by the Department of Housing and Community Development, show the distance to the nearest public transit.

18. Show the location of bicycle racks and motorcycle parking in compliance with Orange Municipal Code Section 17.34.080.

19. On a revised site plan, demonstrate that parking stalls, garages, drive aisles and, driveways and/or turnaround aisles meet the requirements of Orange Municipal Code Section 17.34.110. In particular Subsection I. ,” Interior Circulation Requirements” states that “Driveways and/or turnaround aisles serving 10 or more parking spaces s hall not be dead -end aisles unless a turn - around or back -up area is provided to the satisfaction of the Community Development Director.” The proposed site plan contains several dead -end drive aisles leading to garages. There are more than 10 garage parkin g spaces along those drive aisles.

Additionally, this configuration may be problematic to
emergency responders, waste haulers, and visitors. Please demonstrate code compliant for this issue on a revised site plan.

20. Provide an economic analysis specifying sales tax los ses that could be expected for the City as a result of the loss of what would otherwise be a commercial use on the project site, and any anticipated revenue from the proposed residential project.

21. On the project site plan, or a separate access plan, specify any enhanced project entry areas for pedestrian access through the site from the residential neighborhood to the west. Show all

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pedestrian access points through the property to all adjacent commercial uses.

22. Some drive aisles are designated as 22 feet wide. This does not comply with the 25-foot-wide drive aisle width required by Orange Municipal Code Section 17.34.110F.4. and 6.

23. Orange Municipal Code Section 17.19.020A. demonstrates the Neighborhood Mixed Use zoning District as having commercial retail uses as the primary uses on the ground floor but also allows freestanding residential uses. Consider integrating a ground floor retail or office component for some of the residential products that will interface with adjacent remaining commercial uses.

24. Orange Municipal Code Section 17.19.090A. requires residential projects to promote a pedestrian friendly environment that is oriented towards adjacent streets. Technically, the long spans of drive aisles to the north and south of the site are private streets.

In preparation for integrat ion with future development of properties to the north and south , the project should incorporate residential front facades oriented toward those properties to promote pedestrian orientation and natural surveillance.

25. The parallel parking spaces shown on the plan are 22 feet long but are required to be 24 feet long pursuant to Orange Municipal Code Figure 17.34.110A. Please correct the deficiency.

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conveniently accessible to residents with proper landscaping. Use Public Works standard 409 for the enclosures.

27. On the formal site plan, demonstrate compliance with required distances between principal buildings in compliance with Orange Municipal Code Table 17.19.090.

28. On the formal site plan, demonstrate that common and open space requirements of Orange Municipal Code Section s 17.19.090.D, Table 17.14.070, and 17.14.110 are met. Show this both in symbols for each area with accompanying text identifying the size of each open space area and in tabular form on the plan sheets.

29. Provide view simulations of the Recreation Center, Canal Street landscape interface, interior courts, and perimeter edges as viewed from interior units to demonstrate visibility to common open space areas and walkway will be accomplished. Doing so will demonstra te compliance with Orange Municipal Code Section 17.19.090.E.1.

30. Provide a landscape plan, a wall and fence plan , a curbing plan , and a lighting plan with a photometric plan for the site. Ensure that walls and landscaping comply with Orange Municipal Code (OMC) Sections 17.12.070 and 17.19.160. Ensure curbs meet the requirements of OMC Section 17.34.130 .C. The
lighting/photometric plan must demonstrate compliance with OMC Sections 17.34.130.D., 17.12.030, and all Crime Prevention comments and conditions provided in this correspondence.

31. Show the location of all mechanical equipment on the site, fire master plan, and landscape plan. The plans must demonstrate that

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mechanical equipment will not interfere with the location of utilities, fire laddering pads, or landscaping.

32. In your project description letter, clarify whether there will be no amenities in the Canal Street adjacent walkway fronting the project.

33. Provide a scaled cross section of the landscaped walkway area along the Canal Street frontage to demonstrate any berming or depressed areas.

34. The application requires re-zoning of the property to Neighborhood Mixed Use (NMU). Pursuant to Orange Municipal Code Table 17.19.120, the front setback, which is facing Canal Street, authorizes a maximum 10 -foot setback or up to 20 feet when sidewalk oriented pedestrian amenities are provided. Please dimension the front setback distance at different points along the Canal frontage and explain if a Variance is being sought for any distance exceedance.

35. Pursuant to Orange Municipal Code Table 17.19.120, street side setbacks are limited to a maximum of 10 feet. The north and south facing ends of the property face private streets which are in the form of drive aisles. Please demonstrate compliance with this requirement on revised plans.

36. Orange Municipal Code Section 17.19.130 discusses the requirement for the project to:
• Promote safe and orderly access and circulation of
pedestrian and vehicular traffic from the site to the public street

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• Ensure compatibility of the site with surrounding
development in regard to size, scale, building and site design, and limitation of overshadowing effects.
• Not limit or adversely affect the growth and development potential of adjacent properties.

Therefore, upon submittal of a formal application, please respond to the Traffic Division comments to demonstrate safe and orderly access to the site from Canal Street. Also provide linear elevation sections demonstrating heights and distances of the buildings on the property, residences in the westerly neighborhood, and remaining commer cial buildings to the north and south.

Additionally provide an analysis as to how the project, in its isolated form from adjacent north and south properties , will not have an adverse effect on the growth and development potential of adjacent properties. In particular, describe how elimination of historical cross vehicular circulation through the project site would not be an adverse effect. This analysis shall include the effects of increased diverted traffic utilizing adjacent City Street property.

37. Provide a patio plan for the project to pre -designate those units which may have a patio cover.

38. Demonstrate compliance with minimum storage area
requirements of Orange Municipal Code Section 17.14.140 for each unit on resubmitted floor plans.

39. On a revised site plan, show required corner cut-offs for street and drive aisle line of sight needs as specified in Orange Municipal Code Section 17.14.150.

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40. Please explain what Lot 379 is from your project description letter.

41. Please note that based on applicant responses, plan revision, introduction of previously not provided plans and documents, and responses to comments from other departments, additional future comments may result, stemming from the comments provided within this letter. Please indicate your acknowledgement in the Applicant Response cell.

Community Services Department, Landscape Services Section:

Robert Ambriz Jr., Parks and Facilities Manager
(714) 744-7283 or [email protected]

42. Provide an owner and operation description for the Recreation Center. Specifically state if the facilities will be private ownership, or are intended to be dedicated public park facilities, or any quasi-public use proposed.

Fire Department, Fire Prevention Division:

Rosie Flores, Plan Examiner
(714) 288-2546 or [email protected]

43. Provide a Fire Master Plan for the development. Refer to the Orange City Fire Department’s Fire Master Plan Guidelines and the California Fire Code (CFC) Chapter 5 for requirements relative to fire apparatus access roadways and water supply. The Fire Mas ter Plan shall be a minimum 22”x34” size sheet and drawn to scale and contain the information identified in the comments that follow.

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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 Rough Grading Permit and shall be reviewed by Fire prior to approval.

44. Denote correct classification in accordance with the CBC Chapter 3, Section 303.

45. Provide fire apparatus access roadways:

a. A minimum 20-foot-wide fire access roadway shall extend to within 150 feet of all first-floor exterior walls of the proposed buildings as measured on the exterior of the building. Denote measurements complying with this requirement.

b. Dead-end fire access roadways greater than 150 foot in length shall be provided with an approved fire apparatus turnaround, must meet the turning radii standards contained in the Fire Master Plan Guidelines and item c below.

c. In areas where the fire access roadway has a change in direction, indicate compliance with the minimum turning radii of 20 foot inside and 50 foot outside, providing 30’ width at the turn and tapering back to the fire access roadway.

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d. The fire access roadways shall be designed to support the imposed loads of the Orang e Fire Department fire apparatus with a total load of 68,000 pounds. The fire apparatus is distributed as 46,000 pounds on the tandem rear axles and 22,000 pounds on the front axle. The fire access roadway shall be designed, constructed and maintained to provide all - weather driving capabilities.

e. Provide a letter or statement, wet -stamped and signed by a registered engineer on the plans certifying that any new roadway meets the 68,000 pound all weather requirement or denote that the design letter meeti ng these conditions will be provided at rough grading plan submittal.

f. Parking shall be provided on internal project roadways.

46. Provide fire access walkways:

a. Show a minimum 5-foot-wide fire access walkway to all openings and egress doors, on the first-floor exterior walls, required by the CBC and/or CFC.

b. Fire access walkways shall be a level solid surface, unobstructed by trees or shrubs and shall consist of a surface that lends it self to safe use during building evacuation, firefighting, and rescue efforts. Alternative surfaces (i.e., decomposed granite, gravel, grass etc.) are evaluated by the fire code official for acceptance on a case-by-case basis.

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c. Show fire department lad der access to all bedroom windows located at the third story and below, provide a minimum 6 feet wide access to structure for laddering to emergency escape or rescue windows. Unless it can be shown that laddering
operations will not require more than 5 fe et width. Provide a detail for each floor to demonstrate correct angle dimension ratio of 1/4 the working length of the ladder away from the building and the window or deck being laddered. Include minimum 2’x2’ space in front and back of ladder when ladder is in place for 2nd and 3rd floor placement.

47. Provide firefighting water supply availability:

a. Show the locations of all public and on -site fire hydrants within 400 feet accessible path of all proposed buildings, measured along roadway, not “as the crow flies.” Specify the distance from the fire hydrant to the building exterior wall.

b. Show the required fire flow in accordance with the CFC Appendix B, applicable Table B105.1. A reduction in the required fire flow is allowed for buildings prov ided with an automatic fire sprinkler system per OMC amended Appendix B to no less than 1,500 gpm at 20 psi.

c. The spacing and number of fire hydrants shall be in
accordance with CFC appendix C, Table C102.1, and Chapter

5. d. Provide the available fire flow for the fire hydrants nearest to the proposed structures fronting the street, to confirm the

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ability and demonstrate compliance with the requirements of CFC Appendix B, applicable Table B105.1; report must be current within 12 months and can be obtained from the Public Works Department Water Division by emailing
[email protected]. Embed this report in the Fire Master Plan.

e. Additional fire hydrants, at the cost of the developer, may be required after the requested information is reviewed for CFC compliance.

48. The proposed building is required to be protected by an automatic fire sprinkler system installed in accordance with NFPA 13R as required by the City of Orange Ordinance 07 -22.
https://library.qcode.us/lib/orange_ca/pub/municipal_code/item/t itle_15-chapter_15_32. A fire department connection will be part of the fire sprinkler system design. The following requirements are applicable to the new structure and must be considered relative to the installation of the fire sprinkler system. Additionally, the specifications must be noted and shown on the Fire Master Plan.

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;
c. The fire department connection shall be located on the address side of the building;
d. The fire department connection shall be located within 40 feet of a hydrant on the same side of the street as the hydrant;

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e. The fire department connection shall not provide pressure to an on-site hydrant.
f. The location of the fire department connection shall be approved by the Fire Department.
g. Show the location of the double -check backflow prevention assembly.

49. Key boxes and key switches (Knox devices) shall be provided where necessary to ensure that immediate access for firefighting, rescue and other emergency purposes is possible. Identify location according to the following:

a. At a minimum Knox devices shall be provided for the
following locations:

1. The main entry to bu ildings equipped throughout with a fire alarm or sprinkler monitoring system.

2. Doors, perimeter pedestrian gates and other areas
identified by the Fire Department. At least one pedestrian gate is required on perimeter gates.

3. Vehicular gates on driver side approach.

50. Trees planted along the fire access roadway and/or firefighter required walkway shall not impede the required minimum 5’0” walkway width or the required fire apparatus vertical clearance of 13’-6”. The trees should be a type that the natural growth pattern would allow the required vertical clearance without reliance on regular maintenance of the tree canopies.

51. The architectural, civil and landscape drawings shall be coordinated such that information relative to fire access roadway

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widths, required vertical clearances and location of fire protection devices (FDC’s, BFD’s and fire hydrants) are shown in a similar manner.

52. Denote correct classification in accordance with the CBC Chapter 3, Section 303. Confirm if units are condominiums or townhomes and provide accurate building requirements based on
classification.

53. Approved building address numbers shall be provided and maintained so as to be plainly visible and legible from the street fronting the property. The numbers shall contrast with their background, be illuminated Arabic numerals, and be a minimum of 4 inches high with a minimum stroke width of 0.5 inch. CFC Chapter 5, Section 505.1 and OMC 15.52.080. Indicate location on floor or elevation plan and provide a verbatim note on the floor or elevation plan. A separate address is required for 2nd unit structure. Additional address markings may be required to provide direction from public approach.

54. Roof covering is required to be fire retardant UL listed Class A per OMC 15.36.030.

55. Provide smoke alarms in each sleeping area, in hallways immediate vicinity outside of sleeping rooms, and on each level of the dwelling. CFC 907.2.8.2.

56. In new construction, required smoke alarms and carbon monoxide alarms shall receive their primary power from the building wiring and shall be equipped with a battery backup. CFC 907.2.11.6 and CFC 915.4. Note this on the electrical sheet.

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57. Smoke alarms within 20 feet from cooking appliance shall comply with exceptions per CBC 907.2.11.8 extract of NFPA 72 section 29.8.3.4 (4) as amended. Device in common area between 6-10 feet from permanently installed cooking appliance is required to be photoelectric, greater than 10 feet is required to be photoelectric type, ionization smoke alarm with silencing feature, or listed for use in proximity to a perman ently installed cooking appliance. Closer than 6 feet, must be listed for use in proximity to a permanently installed cooking appliance. Identify type to be used.

58. Where more than one smoke alarm is required to be installed within an individual dwelling unit, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. CFC 907.2.11.5 Note this on the electrical sheet.

59. Carbon monoxide alarms shall be installed in Group R occupancies in accordance with the provisions set forth in Building Code 915.4 for Group R occupancies Indicate carbon monoxide alarm locations on the floor plan or reflected ceiling plan. Combination Carbon monoxide/smoke alarm, must be listed by State Fire Marshal, provide manufacturer information. Embed the manufacturer specification for proposed device(s).

60. Walls/floor assemblies separating dwelling units in the same buildings, walls/floor assemblies separating sleeping units in the same building and walls/floor assemblies separating dwelling or sleeping units from other occupancies contiguous to them in the same building shall be constructed as fire partitions or horizontal separations in accordance with Section 708 and 711 as required

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by Building Code 420.2 and 420.3, respectively. Provide detail for those areas including underside of stairs within those areas.

61. Spaces under stairways serving and contained within Group R -2 or R-3 shall be permitted to be protected on the enclosed side with ½” gypsum board. CBC 1011.7.3. Provide detail for underside of stairs enclosure.

62. Rated wall openings shall be protected or meet minimum distance in accordance with CBC Chapter 7.

63. Fire resistance rating is required per CBC Table 602 in accordance with CBC Section 703 for walls less than 5 feet from property line. Walls of new or existing structure at property line are at a distance of less than 5’ fire separation distance and less than 3’ with unpermitted openings. Identify method of
compliance in accordance with CBC Tables 602, CBC 703.

Confirm construction material meets criteria and identify new or existing walls accordingly or revise placement of ADU to comply with 5’ fire separation distance for property lines.

64. Note deferred plan submittals on title sheet, including but not limited to, any of the following as applicable: fire sprinklers, underground fire line service.

Police Department, Crime Prevention Division:

Brad Beyer, Crime Prevention Specialist
(714) 744-7327 or [email protected]

65. To ensure adequate services are provided and to minimize the demands on police services, security and design measures which employ defensible space concepts shall be utilized throughout the

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formation of development and construction plans. These
measures incorporate the concepts of Crime Prevention through Environmental Design (CPTED), which involves the placement, and orientation of structures, access and visibility of common areas, placement of doors, windows, addressing, lighting, and landscaping. CPTED p romotes public safety, physical security and allows citizens the ability to monitor activity. In addition, the project shall comply with the requirements established in Chapter

15.52 of the Orange Municipal Code (Building Security
Ordinance #6-18). Conditions related to CPTED, and the Orange Building Security Standards will be included on the project.

66. The following design features and security ordinance requirements shall be incorporated into this project:
• Solid backing 6” above and below the strike plate behind the jamb.
• Strike plate for deadbolts on all wood framed doors shall be a minimum of 16 US gauge steel and secured to the
jamb by a minimum of two screws, which must penetrate
at least 3” into wood frame jambs.
• Non-removable exterior hin ge pins (NRP) required on
out-swinging doors.

Provide a note on the floor plans stating that compliance with this requirement shall occur.

67. Doors to residential living units, exterior closets, exterior mechanical rooms, exterior patio or porch doors, garage doors leading into units, and any other exterior door must comply with the following:

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a. Hollow metal door minimum 18 gauge or solid core wood or fiberglass door with a minimum thickness of 1¾” and
raised panel not less than 9/16” thick.
b. Door to have a deadbolt lock with a 1” bolt projection.

One motion, lever handled, with functioning deadbolt
recommended.
c. Main entry door to residential units and ADUs will require door viewer of a minimum 180° placed 58” from the
ground up. Doors with cl ear glass installed will require door viewers if glass is situated at a height above 58” from the ground.
d. d. Door hardware must be in accordance with “Approved Products List 1/17” or comparable.

Provide a note on the floor plans stating that compliance with this requirement shall occur.

68. Operable windows and sliding glass doors shall comply with California Model Building Sec urity Code (C.M.B.S.O.) or California Association of Window Manufacturers (C.A.W.M.) forced entry test standards. Provide a note on the floor plans stating that compliance with this requirement shall occur.

69. Operable windows and sliding glass doors must be in accordance with “Approved Products List 1/17” or comparable. Provide a note on the floor plans stating that compliance with this requirement shall occur.

70. Given that the OMC defines an ADU as a separate living unit, please remove the door from the ADU that leads into the main residential unit.

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71. Each individual unit within the buildings should display clear visible address numerals of a contrasting color to the background at the main dwelling entry door, but not on the entry door. Size and design should conform to the following:
a) Minimum four inches in height; or
b) Minimum two inches in height if the entry door is located within a fully enclosed corridor; or
c) Minimum two inches in height if, from the interior of the building common space area, the sight line to the entry door from any approach does not exceed 50 feet.
d) d. Numerals within one foot of the door frame and
illuminated during the hours of darkness. Light source
should be contained within a single, weather -resistant fixture with an uninterruptible power source.

Demonstrate compliance with this requirement on resub mitted plans.

72. Illuminated monuments will be required at front drive aisles entrances for each building. Monuments will display the address range for each residential unit. Address numerals on the monuments must be a minimum of 4” in height, color contrast to the background, and placed adjacent to each building’s public approach. Additional signage might be required to direct emergency responders to residential units’ main entry doorway.

Demonstrate compliance with this requirement on resubmitted plans.

73. Illuminated monuments will also be required at vehicular entrances displaying the address or address ranges for the site.

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The monuments must be easily visible from the street. Address numerals must be a minimum 4” in height, color contrast to the background, and be of a clearly legible font.

Demonstrate compliance with this requirement on resubmitted plans. Ensure that monuments are not in the traffic sight safety area.

74. Illuminated wayfinding signage will be required at each vehicular access point. Signage should be a minimum size of 5’ wide by 3’ in height.

Demonstrate compliance with this requirement on resubmitted plans. Ensure that monuments are not in the traffic sight safety area.

75. Submit an address plan for this project. Address plan will need to be reviewed and approved by Fire and Police Departments.

76. Aisles, passageways, and recesses related to and within the project site shall be illuminated with an intensity of at least .50 foot-candles at the ground level during the hours of darkness.

Lighting devices shall be protected by weather and vandalism resistant covers. Provide a photometric plan for these areas.

77. Parking spaces shall be provided with a maintained minimum of one foot -candle of light across the entire parking. Provide a photometric plan for the entire parking surface.

78. Should resubmitted plans include covered parking areas, such as carports please note that a ny covered parking areas, such as

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carports, shall be provided with a maintained minimum 3-5 foot- candles of light across the entire parking surface. Provide a photometric plan for the entire parking surface.

79. Landscaping must not interfere with addresses or lighting.

Demonstrate compliance with this requirement on a landscape plan.

80. Provide elevations or details on proposed fencing for this project.

Perimeter fencing will be necessary to control access into the proposed project. In most cases fencing must be open/see through type fencing, such as wrought iron. Open/see -through type fencing is required to afford sufficient natural surveillance for law enforcement personnel patrolling this area.

81. Provide elevations for pedestrian gates. Pedestrian gates will be necessary to control access into the proposed project. Pedestrian gates shall be of an open/see through type material, wrought iron or heavy gauge security mesh gates.

82. Please note that open, ungated, and unfenced interface of the west, Canal Street -facing property has the potential to conflict with crime prevention goals. However, the Crime Prevention Division recognizes the General Plan Urban Design Element goals and objectives to create a connective interface with the adjacent neighborhood. Please note that, should levels of criminal activity rise to a significant level, as determined by the Orange Police Department, the following condition will need to be implemented:

Should levels of criminal activity rise to a significant level, as determined by the Orange Police Department, open/see through

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type fencing shall be installed by the homeowner association along the west perimeter property line. Pedestrian gates for west perimeter line shall be of an open/see through type material, wrought iron or heavy gauge security mesh gates. The pedestrian access points, north of the west vehicular entry shall be limited to one so that controlled access can deter criminal intrusion.

Provide elevations for pedestrian gates. Pedestrian gates will be necessary to control access into the proposed project. Pedestrian gates shall be of an open/see through type material, wrought iron or heavy gauge security mesh gates.

83. Provide elevations for fence enclosing the pool area. Open/see through type fencing shall be installed around the perimeter of the pool area.

84. Provide elevations for pedestrian gates into the pool area.

Pedestrian gates shall be of open/see through type material, wrought iron or heavy gauge security mesh gates.

85. Provide the occupancy type for the clubroom building. The building must be demonstrated to comply with the following:
a. Swinging exterior doors must be hollow metal minimum 16 gauge or solid core wood/fiberglass with a minimum
thickness of 1¾”.
b. Non-removable exterior hinge pins (NRP) required on
out swinging.
c. Doors on ‘B’ occupancy buildings will require to have a deadbolt lock with a minimum 1” bolt projection. One
motion, lever handled, deadbolt function or deadbolt key-

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locking hardware where approved by CBC/CFC on main
set of entry doors.
d. Pair of doors will require 5/8” automatic flush bolts at head and threshold.
e. Doors on ‘A’ occupancy buildings with an occupant load greater than 300 will require panic hardware.
f. Double doors with panic hardware will require a security astragal, PEMKO 378.
g. Single doors with panic hardware will require a latch guard.
h. Panic hardware shall contain a minimum of two locking points.
i. Magnetic locks may be used in lieu of deadbolt locks or panic hardware. Magnetic locks must have a minimum
pulling force of 1600 pounds.
j. Minimum 8” height illuminated address will be required on Rec Center building.
k. Lighting at exterior doorways must have a maintained minimum of one -foot candle at ground level. Lighting
fixtures must be weather and vandalism resistant.
l. Lighting circuitry required to show operation during darkness, not switched.
m. Operable windows and sliding glass doors shall comply with C.M.B.S.O. or C.A.W.M. forced entry test
standards.
n. Operable windows and sliding glass doors must be in
accordance with “Approved Products List 1/17” or
comparable.
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86. Remove the alcove area on the west side of the clubroom.

Installing the mailboxes in this alcove can lead to a potential ambush point and/or camping/hang out area for transients.

87. Remove the alcove area on the east side of the clubroom. Pool showers installed in this alcove area can lead to a potential ambush point. Increased natural surveillance in this area gives people a greater sense of security when they can see and be seen by other.

88. HVAC and air duct/vent penetrations over 96 square inches on Rec Center building will require approved burglar bars or security mesh.
a) Iron bars of at least ½ inch round or one inch by ¼ inch flat steel material spaced no more than five inches apart and securely fastened with non-removable screws.

Please add a note on revised plans demonstrating that compliance with the requirement will be implemented.

89. If this project progresses further, requirements or conditions will be set based on the responses or information provided.

Public Works Department, Building Division:

Mark Ibrahim, Senior Plan Check Engineer
(714) 744-7202 or [email protected]

90. Provide a soil report.

91. Show ADA path of travel from all necessary points.

92. Show the location of electric vehicle chargers on the site plan. 109
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Robert Moya, Senior Admin Analyst
(714) 744-5548 or [email protected]

93. Provide a preliminary title report (no older than 90 days) with electronic links to the documents referred to in the report.

94. Provide an ALTA survey with easements plotted as well as possible. Applicant may need to contact easement holders for location clarification.

95. Sheet 1 of the Existing Site Plans states easements to Southern California Edison Company (1971), Pacific Telephone and Telegraph Company (1971), City of Orange (1971), and
Southern California Edison Company (1972), are to be relocated or quitclaimed. Provide documentation for each that they have been quitclaimed or relocated by the easement holder. (FYI – to be relocated, it is necessary to quitclaim the existing easement and then be granted a new easement by the property owner).

Public Works Department, Solid Waste Section:

Josh Soliz, Public Works Admin Manager
(714) 744-5588 or [email protected]

96. Overall, plans lack sufficient detail to facilitate providing all comments at this time.

97. Provide a Solid Waste Plan
• Outline how the project will obtain compliance with SB 1383, AB 1826, and AB 341.

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• Provide example educational material s that will be
provided to residents and the frequency of distributing the provided material.
• Show the location of trash enclosures and/or a compactor house.
• Provide a trash truck service plan.
• Explain if there will there be custodial service.
• Explain how landscaping trimming will be serviced and disposed of.
• Explain if there be a community recycling program and what it would be.
• Provide a solid waste generation study by unit type.
o The study shall include trash, recycling, and organics [food and landscape] per unit type ( i.e., Rowtowns,
Stacked Flats, Corner Townhomes, Edge
Townhomes)

98. As a multifamily property, this project will be on commercial bin service per SB 1383. Please demonstrate adequate bin and trash enclosure locations on revised plans and omit individual solid waste receptacles. Also, please discuss if the project considered a compactor. If one is to be utilized show the building where the compactor will be located.

99. The townhomes only show two carts in the garage this doesn’t meet compliance with SB 1383, however commercial bin service is required as reflected in the above comment.

100. Provide a subdivision map with property dimensions/lot sizes. 111
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101. Provide a grading plan for dimensions and slopes of aisles and trash enclosures.

102. Coordinate proposed service with CR&R Sustainability and Operations. Demonstrate that coordination has occurred.

103. Driveways must have 6’ wings . Please reflect this on revised plans and details.

104. Follow trash enclosure standard 409 and sizing recommendations. 105. Trash trucks are unable to service units in aisles circled in red below. See comments regarding required bin service.

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Public Works Department, Subdivision Division:

Medel Llanes, Principle Civil Engineer
(714) 744-5535 or [email protected]
106. Provide preliminary title reports with hyperlinks to cited documents not more than 90 days old.

107. Provide an ALTA survey.
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108. Confirm there is no direct access from site to the mall. Otherwise, provide reciprocal access agreement with adjacent property owners (mall owners).

109. The application included a Tentative Tract Map fee deposit.

However the Tentative Tract Map itself remains required for the proposed condominium/townhomes development. Please
provide the map with project resubmittal.

110. Provide a Fire access easement per Fire Department requirements. 111. A d rainage easement is required for cross drainage between adjacent properties.

112. Provide water easements per Water Division requirements.

113. Provide a preliminary grading plan to include the following:

1. Provide building pad elevations. Pad elevations should have a 1-foot freeboard based on the 100 -year base flood elevation per FEMA FIRM Maps.

2. Show limits of earthwork.

3. Show existing and proposed contours.

4. Show existing and proposed topographic features.

5. Show existing and proposed parcel lines, and AP nos.

6. Comply with CBC requirements on site grading, that is, ground immediately adjacent to foundations should slope away minimum of 2% for impervious surfaces, and 5%
minimum for pervious surfaces.

7. Existing and proposed storm drain facilities

8. Existing and proposed sewer system.

9. Proposed off-site street improvements.

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10. Proposed utility plan

11. Demolition plan

114. 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

115. Provide a sight distance analysis for the proposed driveway access to the development.

116. Provided crosswalk enhancements at proposed entry points including Rectangular Rapid Flashing Beacons.

117. Submit a preliminary hydrology report per Orange County Hydrology Manual.

118. Provide a preliminary sewer capacity analysis.
119. Provide a preliminary geotechnical report.

120. Comments on street trees per City Tree Services Coordinator, Micah Jean.

“The street trees proposed are Piinus eldarica and Platanus x acerifolia ‘Bloodgood’. These trees would not be the best choice under the current high voltage lines. If the high voltage lines are not being relocated, the species should be changed to trees of more appropriate mature height ‘Pistacia chinensis ‘Keith Davey’ and Pistacia x ‘Red Push’ are 2 suitable options, under the HV lines. Pinus eldarica also requires more tree well space, and would only be suitable in 6’ x 6’ or larger tree wells. If high voltage lines

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are being relocated, then the Sycamore cultivar should be changed to Platanus x acerifolia ‘Columbia’. Also, irrigation would be required to the street trees.”
121. Provide City street trees on both sides of Canal Street 122. Provide a preliminary addressing plan.
123. Provide City -owned streetlights along Canal Street. Designate these on resubmitted plans per City distancing standards

124. Additional comments will be provided on future submittals.

Public Works Department, Traffic Division:

Doug Keys, Transportation Analyst
(714) 744-5541 or [email protected]

125. The proposed project will provide a Traffic Impact Analysis (TIA) based on the City of Orange TIA Guidelines (June 2020).

A copy of the TIA Guidelines has been included as an attachment.

126. Prior to the start of the TIA, a written Scope of Work and the Project Study Area will need to be approved by the City of Orange Traffic Engineer.

127. The project will be required to conduct a VMT Analysis. VMT requirements are included in the City’s TIA Guidelines that have been included as an attachment.

128. A Sight Distance Analysis will need to be conducted for all proposed driveways.

129. A Queuing Analysis and Delay Study will also need to be conducted at the proposed project driveways.

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130. The proposed project will provide a striping plan for Canal Street that shows the proposed left-turn lanes, including pocket lengths, into the project from Canal.

131. A Traffic Signal Warrant Study will be conducted at all unsignalized intersections within the Project Study Area including all project driveways. If a traffic signal is warranted, the design, engineering, construction and funding of the signal will be the responsibility of the project proponent.

132. While the currently proposed project shows two driveways, the TIA will include an analysis of the possible use of Tustin Street for some of the project’s access.

133. The project will provide a detailed description of the planned uses as well as users for the Recreational Center. The description will include provisions for additional parking for the center.

134. As part of the required Parking Study, there shall be a discussion of strategies that the proposed development will use to prevent project resident and visiting vehicles from parking in the residential neighborhood west of Canal Street.

135. The proposed project site plan shows a small, raised median on Canal Street at the southerly project entrance. This median appears to be in place to prevent traffic exiting the project site from going west on Cumberland. While this median would
prevent project related traffic from using westbound Cumberland Avenue, it would also put left -turn restrictions on the residents living on Cumberland. Access to and from the project site at this location will need to prevent project traffic from going westbound

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on C umberland and also maintain right and left turns for eastbound Cumberland at Canal.

136. The proposed project site plan shows two enhanced pedestrian crosswalks. Both of these pedestrian crosswalks are at uncontrolled intersections. The City of Orange does not promote the placement of pedestrian crosswalks at uncontrolled
intersections or in close proximity to other crosswalks. A Crosswalk shall only be permitted if it is sup ported by an engineering study, includes the installation of Rectangular Rapid Flashing Beacons (RRFBs), and approved by the City. The installation of any permitted RRFBs will be the responsibility of the project proponent.

137. The site plan also shows what appears to be some sort decorative or special treatment in the two crosswalks. No decorative/special treatments shall be permitted. All pavement on Canal Street will be asphalt with concrete gutters.

138. Applicant shall, to the satisfaction of the Public Works Director, correct any deficiencies and mitigate any impacts that are identified through the various evaluations, studies, and analyses required herein. This shall include, but is not limited to, performing an d/or providing any design, construction, and financing associated with doing so.

139. Any off -site improvements, including but not limited to, those proposed by the applicant as project design features and those necessary to address impacts and deficiencies, shall be in accordance with all applicable standards to the satisfaction of the

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Public Works Director. Applicant shall be responsible to dedicate any right of way necessary to achieve the above.

Public Works Department, Water Division:

Junie Vuong, Assistant Engineer
(714) 288-2486 or [email protected]
140. Provide public water improvement plans. Include all other existing and proposed utilities and their facilities.

141. On the water improvement plans, show all existing and proposed water facilities and their disposition. Label sizes and type of service (domestic, irrigation/landscape, and fire).

142. All mainlines within the property will be abandoned. Applicant is responsible for remedying, relocating, and replacing the services to the Village at Orange that are affected by the abandonment.

The applicant is also responsible for resolving all plumbing affected by the abandonment of the mainline.

143. All proposed water service connections will be made off Canal St. A minimum of two domestic service connections will be required. All services to the site will be master-metered, there will be no public water mainlines installed onsite. Demonstrate fulfillment of this need on plans to be submitted.

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144. All proposed meters and services will be required to have a lead- free City of Orange Water Division approved backflow
prevention device installed directly behind the meter within the nearest soft scape per Orange Water Division Standards.

Maintain a minim um clearance of 3 feet around all backflow prevention device(s) for access and testing.

Demonstrate fulfillment of this need on plans to be submitted.

145. In order to update aging infrastructure and to meet future demands, prior to grading permit issuance, the applicant shall provide grading and utility plans that show the upgrade of the 10” CIP in Canal St, from Heim Ave to Meats Ave, to 12 -inch diameter water main. Completion of the water main upgrade shall be prior to above grade vertical construction.

Demonstrate fulfillment of this need on plans to be submitted.

146. Provide Water Supply Assessment and Water Demand Calculations for the project site.

Public Works Department, Surface Water Quality Division:

Mike Carney, Environmental Program Manager
(714) 744-5557 or [email protected]

147. The project site is deemed a priority project due to the removal and replacement of over 5,000 square feet of impervious surface during the course of construction. As a priority project, the applicant is required to prepare and submit a Preliminary Priority WQMP for approval along with the review deposit. Provide a WQMP review deposit of $2,000.00.

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Surface Water Quality will not recommend approval of the project at the Staff Review Committee review level until approval of the Preliminary WQMP has been achieved.

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PRELIMINARY CONDITIONS OF APPROVAL
Community Development Department, Planning Division:

General Conditions

1. The project shall conform in substance and be maintained in general conformance with plans and exhibits date stamped (fill in date plans received), including any modifications required by conditions of approval, and as approved by the Planning Commission. Any future expansion in area or in the nature and operation of the use approved by (fill in appropriate application number) shall require an application for a new or amended Conditional Use Permit.

2. The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents and employees from any and all liability or claims that may be brought against the City arising out of its approval of this permits, 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.

3. 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 may be cause for revocation of this permit.

4. (list entitlement) shall become void if not vested within two years from the date of approval. Time extensions may be granted for up to one year, pursuant to OMC Section 17.08.060.

5. 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 Dir ector or designee. Should the modifications be considered substantial, the modifications shall be reviewed and approved by the P lanning Commission.

6. 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 plan, the Community Development Director may approve the changed plan without requiring a new public hearing.

7. Any future expansion in area or in the nature and operation of the approved use by (application #) shall require a new or amended application for (define use).
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PRELIMINARY CONDITIONS OF APPROVAL

8. Building permits shall be obtained for all construction work, as required by the City of Orange, Public Works Department’s Bu ilding and Safety Services. Failure to obtain the required building permits may be cause for revocation of this entitlement.

9. The project approval includes certain fees and/or other exactions. Pursuant to Government Code Section 66020, these conditio ns or requirements constitute written notice of the fees and/or exactions. The applicant is hereby notified that the ninety (90) day protest period commencing from the date of approval of the project has begun. If the applicant fails to file a protest regarding these cond itions or requirements, the applicant is legally barred from later challenging such exactions per Government Code Section 66020.

10. In conjunction with construction, all activity will be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday through Sa turday. No construction activity will be permitted on Sundays and Federal holidays.

11. Within two (2) days of final approval of this project, the applicant shall deliver to the Planning Division a cashier’s check payable to the Orange County Clerk in an amount required to fulfill the fee requirements of Fish and Game Code Section 711.4(d)(2) and the County Administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code 21152, & Cal Code Regulations 15075.

12. These conditions shall be reprinted on the second page of the construction documents when submitted to the Building Division for the plan check process.

13. Any graffiti shall be removed within 72 hours from the time the City of Orange Notice of Violation is received by the applica nt/property owner. This condition applies to both the pre and post project site.

General Planning Conditions

14. The applicant at all times shall provide the required number of parking spaces designated on approve building permit plans.

15. The property owner shall be responsible for updating the shared parking facilities arrangement on the subject property and shall submit any update with tenant improvement plans for the review and approval by the Community Development Director, or designee. If it is determined by the Director that a change in use at the subject site will affect the shared parking facilities that does not meet the original spirit and intent under which this (list entitlement) is approved, an amended (list entitlement) may be required at the initiation and cost of the property owner or project proponent.
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PRELIMINARY CONDITIONS OF APPROVAL

16. Should parking issues arise on the site affecting 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 matter shall be referred t o the Code Enforcement Division for appropriate action(s).

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. 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 Community Development Director.

19. All loading areas and the trash enclosure shall be maintained and kept clean and free of debris.

20. Lighting on the premise shall be ins talled and maintained 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 or cause illumination in residential districts in excess of 0.5 foot -candles. Prior to certificate of occupancy, the applicant shall contact the Orange Police Crime Prevention Bureau and set an appointment on-site to test all lighting to ensure it meets OMC standards.

21. Prior to Building Permit issuance, the applicant shall pay all of the applicable City Development Impact Fees in accordance with the most current fee schedule. For this project, applicable fees include (TSIP), (Library Fees), (Police Fees), (Fire Fees), and (Park Fees).

22. Prior to Building Permit issuance, the applicant shall pay any outstanding monies due to the City of Orange for Planning Divi sion entitlement activities related to this project.

23. Prior to issuance of certificate of occupancy, the applic ant shall demonstrate that the Covenants, Conditions and Restrictions (CC& Rs) shall incorporate a requirement, subject to the review and approval of the City Attorney and Community Development Director, that all garages are to have space available to park two vehicles at all times and shall not be used for storage.

24. The homeowner’s association shall be responsible to maintain the property to a level deemed adequate by the Community Develop ment.

This includes, but is not limited to, the buildings, landscaping, recreational facilities, trash areas, signage, utilities, property walls, and gates.

25. Prior to building permit issuance, the applicant shall identity the precise location of existing walls proposed for demolitio n. If the location of the existing wall slated for demolition is wholly or partially upon an adjacent property, the applicant shall secure the property owner(s) approval to demolish and replace the wall. The applicant will be responsible for any site repairs to walls damaged through d emolition activity.
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PRELIMINARY CONDITIONS OF APPROVAL

26. The term “applicant” shall refer to the entity that requests approval of this action or any successor in interest to this approval.

27. A project entry gate(s), other than at secondary emergency vehicle access and emergency evacuation points, is prohibited without Design Review Committee consideration and Planning Commission approval.

28. Language shall be included in the Covenants, Conditions and Restrictions (CC&Rs) for the project designating public access ac ross the following areas:

29. The Homeowner Association shall be responsible for resolving improvement encroachments onto easements over private properties on the project site. Costs associated with enforcing the removal of improvement encroachments into easements shall be the responsib ility of the Homeowner Association.

30. Prior to the issuance of any permits, the applicant shall provide all final consultant generated electronic files for the pro ject to the Community Development Department. Specifically, all Word document files, including technical appendices for the Environmental Impact Report shall be provided to staff.

Design Review Conditions

31. Subsequent modifications to the approved architecture and color scheme shall be submitted for review and approval to the Comm unity Development Director or designee. Should the modifications be considered substantial, the modifications shall be reviewed by the Planning Commission.

32. Prior to building permit issuance, the applicant shall submit a color palette and sample materials to d emonstrate that all proposed colors and materials match the DRC approvals and if applicable, existing colors and materials on the subject building.

33. The applicant shall photo-document the current façades of all buildings proposed for demolition.

34. Landscape maintenance shall be performed in such a manner as to allow all trees to retain their full canopy height for screen ing and full canopy breadth for shade at point of maturity, except as required for public safety purposes.

Signage

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

Trash Enclosures
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PRELIMINARY CONDITIONS OF APPROVAL

36. Prior to building permit issuance, the applicant shall demonstrate that the trash enclosures shall utilize similar materials, colors, and finishes of the buildings, including any roofing.

37. Prior to building plan approval or permit issuance, the multifamily development must show on the plans how the trash enclosure will accommodate all required forms of solid waste (trash/recycling/organics) to comply with State, County, and City of Orange sol id waste disposal and diversion laws and requirements.

38. Prior to building permit issuance, the applicant shall demo nstrate that all trash enclosures shall conform to City Standard Plan 409 Trash Enclosures.

39. Prior to building permit issuance, the applicant shall demonstrate to the satisfaction of the City that coordination has occurred with CR&R Environmental Services to schedule trash collection from the site a minimum of one a week.

40. In conjunction with the operation of the project, use of any outdoor trash compactor shall be restricted to the daytime hours between 7:00 a.m. until 10:00 p.m. Use of any trash compactor in the nighttime hours shall be prohibited. A sign shall be posted on the trash compactor that is visible which states hours of use and prohibited hours of use. An alternative solid waste plan shall be provided in the event compactor use becomes unavailable.

Screening

41. Prior to building permit issuance, the applicant shall demonstrate to the satisfaction of the Community Development Director that new mechanical equipment screening shall be installed that architecturally matches the building.

42. Prior to building permit issuance, the applicant shall demonstrate to the satisfaction of the Community Development Director that the mechanical equipment screen shall be painted to match the walls of the building.

43. 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.

Affordable Housing Conditions

44. Prior to the issuance of Certificate of Occupancy, a deed restriction shall be placed on the property to ensure that the ADUs would be rented to those who qualify for very low-income and below housing. 127
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PRELIMINARY CONDITIONS OF APPROVAL

45. Applicant, or any subsequent owner, shall be respo nsible to maintain the property to a level deemed adequate by the Community Development Director and Community Services Department. This includes, but is not limited to, the buildings, landscape, on -site recreational facilities, trash areas, signage, utilities, asphalt, paving, property walls, and gates.

46. Prior to building permit issuance, the construction phasing plan shall be approved by the Community Development Director. Af fordable ADUs in the housing development and phases of the housing development shall be constructed concurrently with or prior to the construction of market rate units, unless the applicant agrees within an Agreement with the City to an alternative schedule for development.

47. Prior to the issuance of Certificate of Occupancy, the Community Development Director or his/her designee shal l review and approve the general ADU lease form to ensure that the conditions of approval which affects the residents are added to the lease form. The Community Development Director shall review and approve of any subsequent lease forms changes.

48. OMC Section 17.15.070.C requires that the maximum rent schedule be submitted to the Community Development Department prior to the issuance of an occupancy permit. This shall be updated annually by the homeowners association and provided to the Community Development Director on the anniversary of occupancy.

49. Prior to the issuance of a building permit, the applicant shall record a Deed Restriction on the parcel(s) designated for the construction of the affordable ADU units. The Deed Restriction shall be drafted by the applicant and reviewed by the Community Development Director and the City Attorney with a recommendation made to the Planning Commission and City Council. The Deed Restriction shall provide for the following conditions governing the use of the affordable ADU units:
a. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies and maintaining the affordab le ADUs for qualified tenants.
b. Provisions requiring the homeowner’s association to verify tenant incomes and maintain books and records to demonstrate compliance with project conditions, the Orange Municipal Code, and State Law. c. Provisions requiring the homeowner’s association to submit an annual report to the city, which includes the name, address and income of each person occupying each affordable ADU, and which identifies the unit size and monthly rent or cost of each affordable ADU. d. Determination of Rent. A maximum rent schedule shall be submitted to the Department of Community Development prior to the issuance of an occupancy permit for the affordable ADUs, and updated annually by the homeowner’s association on the anniversary date of occupancy.
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PRELIMINARY CONDITIONS OF APPROVAL
e. Deposit amount. Total move -in costs for eligible tenants occupying affordable ADUs shall be limited to first month ’s rent plus a security/cleaning deposit not to exceed one month’s rent. f. Upward Mobility Allowance. When a tenant occupying an affordable ADU no longer qualifies under the income requirements, verified through the monitoring program required as part of pr oject conditions, that tenant shall be required to vacate the ADU subject to all provisions of housing law. The owner is required to rent the ADU pursuant to the Deed Restriction requirements at all times. g. Subletting of ADUs. No subletting of designated ADUs shall be allowed unless the following conditions are met:
i. Written permission is obtained from the Community Development Director ii. The sublessee qualifies as a very low- or lower-income household. iii. The rent collected shall not exceed the maximum affordable rent.

50. Prior to the issuance of Certificate of Occupancy, the Community Development Director or his/her designee shall review and ap prove the CC&Rs to ensure that the conditions of approval which affect the ADU residents are added to the lease.

51. CC&Rs shall be designed and approved by the City for the site and address specific responsibilities of the Homeowners Association (HOA).

A few specific areas include, but are not limited to:
a. Maintenance responsibilities for any private drainage or water quality features. b. Maintenance responsibilities for landscape areas, including parkways, median roadway areas, arterial roadway landscaping and, common areas.
c. Maintenance of any applicable private streets.
d. Identification of common open space lots that will be owned or under the control of the HOA and maintenance for open space lots.

52. The CC&Rs shall be subject to a joint review by the Community Development Director, Public Works Director, and City Attorney at the City’s hourly billing rate.

53. The CC&Rs shall be recorded prior to or concurrent with the Final Map.

54. Prior to the building permit i ssuance, the applicant shall record a Deed Restriction on the parcel(s) designated for the construction of the affordable ADUs. The Deed Restriction shall be drafted by the applicant and reviewed by the Community Development Director and the 129
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PRELIMINARY CONDITIONS OF APPROVAL
City Attorney with a recommendation made to the Planning Commission and City Council. The CC&Rs shall provide for the following conditions governing the initial sale of units with ADUs and use of affordable ADUs during the applicable use period:
a. Units with affordable ADUs shall, upon initial sale, be sold with deed restrictions such that ADU are eligible only to very low-income households.
b. Affordable ADUs shall only be occupied by eligible very low-income households. c. The initial purchaser of each unit containing an affordable ADU shall receive written notification than an executed Deed Restriction exists on the property regulating the rental of the affordable ADU in accordance with project conditions of approval during the applicable use restriction period. The Deed Restriction for the ADU shall be recorded against the parcel prior to sale by the developer. d. Sale Clause. The Deed Restriction shall stipulate that, when the terms of affordability have expired on an affordable ADU, the City and/or a non-profit housing organization shall have a first right of providing any available rental subsidy (60) days prior to the ADU being advertised on the market for any rental rate not at or below very low income. e. Rental of ADUs. Rental of affordable ADUs shall not be allowed unless the proposed renter(s) qualifies as a very low- or below- income household.
f. Monitoring of Compliance to Agreement. A monito ring program shall be required, specifying the homeowner’s association as responsible for certifying tenant incomes and rent levels, maintaining the affordable ADUs as affordable to very low- or below-income households.

55. Prior to issuance of Certificate o f Occupancy, the Community Development Director or his/her designee shall review and approve the CC&Rs to ensure that the conditions of approval which affect the residents are added to the approved lease application.

56. A total of 75 ADU units, deed restricted to income-qualifying residents in very low income or below categories, are required in association with the project. Should floor plans without an ADU be substituted for any floor plan that accommodates an ADU , at any point prior to final inspection, that ADU shall also be deed restricted for occupancy by very low income or below qualifying tenants.

Community Services Department, Landscape Services Section:

57. Reserved.

Fire Department, Fire Prevention Division:

58. Plans submitted for Building Plan Review shall comply with the California Fire Code as amended by the City and as frequently amende d and in effect at the time of application for Building Permit. Onsite fire department access will require easement recording prior to issuance of Rough Grading Permit and shall be reviewed by Fire prior to approval. 130
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PRELIMINARY CONDITIONS OF APPROVAL
Police Department, Crime Prevention Division:

59. The homeowner association shall install a pedestrian gate and fencing, approved by the Crime Prevention Division, should levels of criminal activity rise to a significant level, as determined by the Orange Police Department

60. Should levels of criminal activity rise to a significant level, as determined by the Orange Police Department, open/see through type fencing shall be installed by the homeowner association along the west perimeter property line. Pedestrian gates for west perimeter line shall be of an open/see through type material, wrought iron or heavy gauge security mesh gates. The pedestrian acc ess points, north of the west vehicular entry shall be limited to one so that controlled access can deter criminal intrusion.

61. Additional potential conditions to be provided subsequent to a comprehensive submittal.

Public Works Department, Building Division:

62. Potential conditions to be provided subsequent to a comprehensive submittal.

Public Works Department, Right-of-Way Section:

63. Potential conditions to be provided subsequent to a comprehensive submittal.

Public Works Department, Solid Waste Section:

64. Potential conditions to be provided subsequent to a comprehensive submittal.

Public Works Department, Subdivision Division:

65. Potential conditions to be provided subsequent to a comprehensive submittal.

Public Works Department, Traffic Division:

66. Potential conditions to be provided subsequent to a comprehensive submittal.

Public Works Department, Water Division:

67. 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.
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PRELIMINARY CONDITIONS OF APPROVAL

68. 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.

69. 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.

70. Prior to building permit issuance, the Water Division shall approve the type and locati on of landscaping and fire service (backflow prevention) device for proposed City services.

71. Prior to building permit issuance, construction documents shall show a minimum twenty-foot (20’) separation from the public water system facilities to the proposed/existing buildings and structures per the City of Orange Standard Location Of Undergrounding Utilities Standard and as approved by the Water Division.

72. Prior to building permit issuance, construction documents shall show that the installation of sewer m ains in the vicinity of water mains is done per the Department of Public Works Water Division Standard No. 113 and will be approved by the Water Division.

73. 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 util ities except sewer. The Water Division shall review and approve the construction documents.

74. 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.

75. Prior to building permit issuance, construction documents shall show that permanent signs, awning, surface water quality mana gement features or other structures are not built over water mains, laterals, services, meters, or fire hydrants as required by the Water Division.

76. 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.

77. Prior to approval of a water improvement plan, the applicant shall satisfy all water main connection, plan check, and inspect ions charges as determined by the Water Division.

78. Prior to approval of the water improvement plan, the applicant shall satisfy all water construction bond requirements for the installation of the public water system improvements as determined by the Water Division. 132
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PRELIMINARY CONDITIONS OF APPROVAL

79. Prior to the issuance of any grading permit, the applicant shall construct all public and/or private improvements to the satisfaction of t he 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.

80. Plans submitted during plan check shall show that the water improvement plans are consistent with the fire suppression plans and or fire master plan. The applicant’s consultant preparing the water improvement plans shall coordinate their plans with the consultant prepa ring the fire suppression plans and/or fire master plan so that their designs concur.

81. Plans submitted during plan check shall sho w that the minimum separation requirements are met and that each of the various designer’s plan sets match. The applicant’s consultant preparing the improvement and utility plans shall coordinate their plans with th e consultants preparing the landscape, architectural, surface water quality management, fire master and/or fire suppression plans so that their designs are consistent.

82. At least fourteen 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.

83. 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.

Public Works Department, Water Quality Section:

84. 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, 133
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PRELIMINARY CONDITIONS OF APPROVAL
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.

85. Prior to the issuance of certificates for use of occupancy, the applicant shall demonstrate the following to the Public Works Department:
a. That all structural and treatment control best management practices (BMPs) described in the Project WQMP have been constructed and installed in conformance with the approved plans and specifications, b. That the applicant is prepared to implement all non-structural BMPs described in the Project WQMP, c. That an adequate number of copies of the project’s approved final Project WQMP are available for the future occupiers.

86. Prior to the issuance of certificates for use of occupancy or final signoff by the Public Works Department, the applicant shall demonstrate to the satisfaction of Public Works, that the preparer of the WQMP has reviewed the BMP maintenance requirements in Section V of the WQMP with the responsible person and that a copy of the WQMP has been provided to that person. A certification letter from the WQMP preparer may be used to satisfy this condition.
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PRELIMINARY CONDITIONS OF APPROVAL

87. Prior to issuance of building permits, the applicant shall review the approved Water Quality Management Plan (WQMP) and grading plan to ensure the structure’s downspouts or drainage outlet locations are consistent with those documents. Copies of the building or architectural plans specifically showing the downspouts and drainage outlets shall be submitted to the Public Works Department for review.

88. 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.

89. Prior to the issuance of a grading permit (including, as appropriate: clearing, grubbing, surface mining, 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) by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing. A copy of the SWPPP required by the General Permit shal l be kept at the project site and be available for review by City representatives upon request

90. For those projects with Covenants, Conditions and Restrictions (CC&Rs): Prior to recordation of the final map, a copy of the project’s CC&Rs shall be provided to the Public Works Department for review and approval that includes requirements for maintenance and funding of the project’s structural and treatment water quality best management practices as approved by the City in the project’s WQMP.

91. Prior to the i ssuance of building permits the applicant shall identify the location of the grease interceptor and provide evidence to the Building Official that the design meets and is consistent with the City’s latest adopted building codes.

This condition will only be needed if the site is proposing large/centralized kitchen area for meal preparation; it is not applicable for projects with private kitchens in individual units.

92. Prior to City approval of the landscape plans, the applicant sha ll review the approved Water Quality Management Plan and ensure the proposed landscape plans are consistent with the project grading plans. The plans must show the proposed storm water treatme nt Best Management Practices such as bioretention planters, drywells, permeable pavers, and any other proposed surface water quality BMPs. 135
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136
1 Chad Ortlieb
From: Chad Ortlieb
Sent: Tuesday, September 5, 2023 1:38 PM
To: Peter Vanek
Subject: RE: Village at Orange resubmittal
Peter,
Thanks for the digital files. I received hardcopies this morning.

Regards,
Chad Ortlieb
Principal Planner
City of Orange
(714) 744-7237
From: Peter Vanek <[email protected]>
Sent: Friday, September 1, 2023 12:25 PM
To: Chad Ortlieb <[email protected]>
Cc: Russell Bunim <[email protected]>; Anna Pehoushek <[email protected]> Subject: RE: Village at Orange resubmittal
Good afternoon Chad,
Please see the below link for our resubmittal package.

As requested, one full size copy of the plans, and three half size sets will be delivered to you this afternoon. If there are any additional hard copies of documents that you require, please let me know.

Thank you, have a great long weekend!
https://www.dropbox.com/scl/fo/w4e3egtvcacpfe76vveup/h?rlkey=cmfypfeitezt6v7u2ycret7tl&dl=0 Peter Vanek
VP of Forward Planning
137
2 888 San Clemente
Suite 100
Newport Beach, CA 92660
Direct (949) 999-5716
Ph (949) 720-3612
Cell (949) 307-3482
From: Chad Ortlieb <[email protected]>
Sent: Monday, August 21, 2023 2:27 PM
To: Peter Vanek <[email protected]>
Cc: Russell Bunim <[email protected]>; Anna Pehoushek <[email protected]> Subject: RE: Village at Orange resubmittal
Hi Peter,
To clarify, are you submitting the formal application? If so, our reiterated position is that you need the Zone Change and General Plan Amendment as part of the application. I’ll also need 1 full size set and 3 half size sets, and all the information that wasn’t provided in the preliminary application as stated in the City’s Land Use Application.

Apologies for the delayed response, I’m on a first day back from vacation.

Regards,
Chad Ortlieb
Principal Planner
City of Orange
(714) 744-7237
From: Peter Vanek <[email protected]>
Sent: Friday, August 11, 2023 11:58 AM
To: Chad Ortlieb <[email protected]>
Cc: Peter Vanek <[email protected]>
Subject: Village at Orange resubmittal
Chad,
We are readying our plans for resubmittal. Please let me know if a fully electronic submittal is acceptable, or if you would like hard copies of the plans. If hard copies are requested, please let me know how many, sizes, etc. 138
3 Thank you,
Peter Vanek
VP of Forward Planning
888 San Clemente
Suite 100
Newport Beach, CA 92660
Direct (949) 999-5716
Ph (949) 720-3612
Cell (949) 307-3482
E-mail correspondence, along with any attachments, may be subject to the California Public Records Act; and as such may be subject to public disclosure unless otherwise exempt under the Act. 139
1 Chad Ortlieb
From: Peter Vanek <[email protected]>
Sent: Friday, September 1, 2023 12:25 PM
To: Chad Ortlieb
Cc: Russell Bunim; Anna Pehoushek
Subject: RE: Village at Orange resubmittal
Good afternoon Chad,
Please see the below link for our resubmittal package.

Thank you, have a great long weekend!
https://www.dropbox.com/scl/fo/w4e3egtvcacpfe76vveup/h?rlkey=cmfypfeitezt6v7u2ycret7tl&dl=0 Peter Vanek
VP of Forward Planning
888 San Clemente
Suite 100
Newport Beach, CA 92660
Direct (949) 999-5716
Ph (949) 720-3612
Cell (949) 307-3482
From: Chad Ortlieb <[email protected]>
Sent: Monday, August 21, 2023 2:27 PM
To: Peter Vanek <[email protected]>
Cc: Russell Bunim <[email protected]>; Anna Pehoushek <[email protected]> Subject: RE: Village at Orange resubmittal
Hi Peter,
To clarify, are you submitting the formal application? If so, our reiterated position is that you need the Zone Change and General Plan Amendment as part of the application. I’ll also need 1 full size set and 3 half size sets, and all the information that wasn’t provided in the preliminary application as stated in the City’s Land Use Application.

Apologies for the delayed response, I’m on a first day back from vacation. 140
2 Regards,
Chad Ortlieb
Principal Planner
City of Orange
(714) 744-7237
From: Peter Vanek <[email protected]>
Sent: Friday, August 11, 2023 11:58 AM
To: Chad Ortlieb <[email protected]>
Cc: Peter Vanek <[email protected]>
Subject: Village at Orange resubmittal
Chad,
We are readying our plans for resubmittal. Please let me know if a fully electronic submittal is acceptable, or if you would like hard copies of the plans. If hard copies are requested, please let me know how many, sizes, etc.

Thank you,
Peter Vanek
VP of Forward Planning
888 San Clemente
Suite 100
Newport Beach, CA 92660
Direct (949) 999-5716
Ph (949) 720-3612
Cell (949) 307-3482
E-mail correspondence, along with any attachments, may be subject to the California Public Records Act; and as such may be subject to public disclosure unless otherwise exempt under the Act. 141
City of Orange
Community Development Department
Printed on recycled paper 4/01
Memo

To: Case File
From: Chad Ortlieb, Principal Planner
Date: May 2, 2024
Re: City Hall Closed on September 1, 2023

This memo memorializes that City Hall was closed on September 1, 2023. The closure was a 9/80 work week alternative closed Friday. Therefore, no plans or application materials were received at the public service counter. Hardcopy plans, applications, and supplemental application materials are required to be submitted via delivery in response to new applications, entitlement comments, and plan check comments.

Attest:

Chad Ortlieb, Principal Planner
City of Orange
142
143

CITY OF ORANGE

DEPARTMENT OF COMMUNITY DEVELOPMENT www.cityoforange.org

October 5, 2023

The Orange JCP Project Owner, LLC
Attn: Peter Vanek
888 San Clemente Drive, Ste. 100
Newport Beach, CA 92660
[email protected]

ELECTRONIC MAIL

Dear Mr. Vanek:

Thank you for providing revised plans for the subject project which included hard copies date stamped received on September 5, 2023. In a letter dated July 5, 2023, s taff had previously commented on your plans and supplemental application materials which you first submitted o n June 5, 2023. You have stated that your June 5, 2023 application is a formal, and not preliminary, application. Hence , your September 5, 2023 resubmittal is in furtherance of a formal submittal and presumably seeking to address staff’s comments in our July 5, 2023 comment letter . As you know, that letter identified the parts of the application that were incomplete and indicate d the manner in which they c ould be made complete, including a list and thorough description of the specific information needed to complete the application.

The project remains the following:

• A residential development on 7.8 acres on the former JC Penny Site at the Village at Orange mall
• 167 for sale condominiums plus 42 below market rate deed restricted (at 80% AMI) accessory dwelling units (“ADUs”) with kitchenette (209 units total) • A 1,500 square foot restroom and community meeting room • Demolition of a pproximately 100,000 rentable square feet of existing retail space, consisting of the former JCPenney building
• A residential density of approximately 21 units per acre, not including the ADUs • Processing of one or more tentative map(s) for condominium purposes 144
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N:\CDD\PLNG\Applications\Tentative Tract Maps\TTM 0053-23 The Village District at Orange\September 2023 Submittal\SRC 9-20-23\SRC Comments\FINAL Incompleteness Letter 10-5-23 Village at Orange.docx • At present, the Project does not include any requests for density bonus, incentives, concessions, waive rs or reductions of development standards, or parking reductions under the Density Bonus Law

At the September 20, 2023 Staff Review Committee Meeting, City staff reviewed your resubmitted and supplemental plans and materials. Based on the comments provided in attached Table A, your application remains incomplete due to the omission of submittal items and plan content as specified in the City’s Land Use Project Application.

Attached Table A details the additional information required. Please fill in the Applicant Response Column of Table A and provide the requested application materials . Staff will fill in the “Completed” column when the issue has been addressed. You must include a copy of this letter with your application re-submittal. Table A can again be provided to you electronically in Word document format if requested.

Table B is also included in this letter noting plan comments that do not meet code requirement s, including those correlating to matters of public safety. All co mments within Table B must be addressed during the processing of this proposal.

Table C includes a list of comments that have been resolve d with your most recent plan resubmittal.

Table D is a partial list of potential conditions of approval.

Please do not hesitate to contact me with any questions at (714) 744 -7237 or [email protected].

Sincerely,

Chad Ortlieb
Principal Planner

Enclosures: Table A – Incompleteness Items
Table B – Substantive Comments
Table C – Resolved Comments
Table D – Partial List of Potential Conditions

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Community Development Department, Planning Division:

Chad Ortlieb, Principal Planner
(714) 744-7237 or [email protected]

2. The project will require a General Plan Amendment from General Commercial Max. 1.0 FAR (GC) to Neighborhood Mixed Use
Max. 24 du/ac; 1.0-1.5 FAR and a Zone Change from Limited Business Tustin Redevelopment Project Area (C -TR) to
Neighborhood Mixed Use (NMU-24). Please include the request in your application and project description letter. Also ensure that you provide an analysis of t he differences between the designations.

October 5, 2023 Comment:

This comment remains unresolved. Please include a request for a General Plan Amendment and Zone Change in your application materials.

Due to the length of the Applicant's
response, Applicant has provided a
separate PDF document attached hereto
responding to this comment.

30. Provide a landscape plan, a wall and fence plan, a curbing plan, and a lighting plan with a photometric plan for the site. Ensure that walls and landscaping comply with Orange Municipal Code (OMC) Sections 17.12.070 and 17.19.160. Ensure curbs meet the requirements of OMC Section 17.34.130.C. The
lighting/photometric plan must demonstrate compliance with As explained in response to Comment No.
2, this is a builder’s remedy application
under the Housing Accountability Act, as
such, the project does not need to be
consistent with the existing zoning or
general plan designation w ithin the City.

Accordingly, the applicant cannot be
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October 5, 2023 Comment:

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that exterior finish materials be specified for fences and walls and specifies that plans must show streets and alleys intersecting into abutting streets (centerline to curb, centerline to property line, curb to property line).

Walls, fences, and curbing is not keyed, or labeled on the plan sheets referenced. There also are no details show ing dimensions and materials.
required to rezone the property or ensure
consistency with the City’s zoning code.

In particular, this means that the City
cannot require Applicant to show that the
project complies with any section of
Division 17 of the City’s Municipal Code.

Furthermore, the City’s Land Use
Application form does not require the
submittal of a wall, fence, curbing, or
“lighting/photometric light” plan. As
such, the City cannot require the
submission of these materia ls for the
application to be deemed complete.

That said, Applicant has already provided
a conceptual land scape plan, a wall and
fence plans, and a curbing plan. See sheets
L2-Overall Landscape Plan and L7 -Fence
and Wall Plan. Photometric plan to be
provided at a later date.

31. Show the location of all mechanical equipment on the site, fire master plan, and landscape plan. The plans must demonstrate that mechanical equipment will not interfere with the location of utilities, fire laddering pads, or landscaping.

October 5, 2023 Comment:

The Planning Division will defer to the public safety and utility reviewers for review and comment on mechanical equipment.

However, all plan sheets submitted for building plan must A fire master plan and conceptual
landsccape plan were provided to the City
on June 5, 2023. All mechanical
equipment servicin g the homes directly
will be located on roofs and hidden from
view. As there is currently no dry utility
plan, it is not possible, nor appropriate to
comply with this request at this time for
ground mounted equipment.
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17.19.180. Specifically, all mechanical and air conditioning equipment shall be shielded a nd screened from view from adjacent streets and properties. The screening shall be integrated architecturally with the building.

Police Department, Crime Prevention Division:

Brad Beyer, Crime Prevention Specialist
(714) 744-7327 or [email protected]

77. Parking spaces shall be provided with a maintained minimum of one foot -candle of light across the entire parking. Provide a photometric plan for the entire parking surface.

October 5, 2023 Comment:

The above lighting requirements must be added to the plans.

Please specify the page number this requirement is added to.

Page 8 ends

features that address the Orange Police Department's Building Security Ordinance and Guidelines may be required to ensure that site planning and project design foster a safe environment through factors such as site lighting, clear sight lines, and window placement. Please contact Crime Prevention staff at (714) 744 - 7327 a nd visit the SRC Crime Prevention webpage for further information.”

The City’s Land Use Application form
does not require the submittal of a wall,
fence, curbing, or “lighting/photometric
light” plan. (Gov't Code sec. 65940, et
seq.) As such, the City cannot require the
submission of these materials for the
application to be deemed complete. That
said, the Applicant will provide the
requisite plan prior to the issuance of
building permits.
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Completed
(Staff Use)
Comment
Number
Sheet
No. Staff Comment Applicant Response
If you previously contacted Crime Prevention staff and were informed that a photometric plan would not be required, please specify the staff member and date of the conversation and any written correspondence waiving the need to provide a
photometric plan. Otherwise, please provide the requested photometric plan.

Public Works Department, Solid Waste Section:

Josh Soliz, Public Works Admin Manager
(714) 744-5588 or [email protected]

98. As a multifamily property, this project will be on commercial bin service per SB 1383. Please demonstrate adequate bin and trash enclosure locations on revised plans and omit individual solid waste receptacles. Also, please discuss if the project conside red a compactor. If one is to be utilized show the building where the compactor will be located.

October 5, 2023 Comment:

Incorrect, comment still applies and must comply with state law as a multifamily development.

Beginning on page 8 of the City’s Land Use Application it states:
“Coordination with the City's solid waste hauler and submittal of a Solid Waste Plan may be required for your project. Please contact the City's solid waste hauler for setting up solid waste collection service. For additional resources, please visit the City's SRC Solid Waste webpage. The Solid Waste Management Plan shall include a generation estimate for trash, recycling, and organics (TRO Estimate) in cubic yards per week and discussion The project has been designed to allow for
individual trash pickup service. See Trash
Pickup Plan sheet L4
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These regulations also address waste management for multi - family residential developments of five units or more. Please contact the Public Works Administrative Manager in the Public Works Department at (714) 744 -5588 and visit the SRC Solid Waste webpage.”

Furthermore, page 16 of the Land Use Application states:
“For multi-family residential and commercial development, the location of trash enclosure(s) designed to comply with City of Orange Public Works Standards 409.”

Pursuant to the above application requirement this requirement must be demonstrated on submitted plans.

102.

Coordinate proposed service with CR&R Sustainability and Operations. Demonstrate that coordination has occurred.

October 5, 2023 Comment:

Comment still applies. See above comment regarding application requirements.

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Table B – Substantive Comments
Completed
(Staff Use)
Comment
Number
Sheet
No. Staff Comment Applicant Response
Comments in “BLACK” are from the 1st submittal, comments in “BLUE” are from a subsequent submittal. Comments that have been satisfied are marked with and “X” in the completed column, all other comments have not been addressed or satisfied.

Community Development Department, Planning Division:

Chad Ortlieb, Principal Planner
(714) 744-7237 or [email protected]

3. The General Plan Environmental Impact Report (EIR) dated March 2010 did not contemplate general residential development of the site. Therefore, the necessary General Plan Amendment and accompanying Zone Change may necessitate an EIR for the project. Based on review of preliminary plans, potential exists for significant impacts to occur to under the following issues:

Aesthetics – Analysis is required related to building height obscuring a scenic vista, or introducing intensified light and glare.

Air Qualit y – Analysis is required related to construction emissions, vehicular trips, and potential intensification of vehicular emission hot spots.

Cultural Resources – A cultural resource assessment of the mall will be required to evaluate the potential significa nce of the property. The mall was constructed in 1967 -1971 and therefore meets one of the criteria for designation on the National Register of Historic Places. Furthermore, it may qualify for listing on the local Historic Resources Inventory for its social history, architecture, and association with a potentially significant architectural firm. Furthermore, there is a documented presence and occupation of the general vicinity dating to the Spanish Due to the length of the Applicant's
response, Applicant has provided a
separate PDF document attached hereto
responding to this comment.
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Energy – An analysis of the energy use, particularly in relation to available supply, is necessary for the units proposed, including for the electric vehicles they are anticipated to utiliz e under State emission reduction goals and the overall sustainability of the development.

Geology and Soils - An analysis of seismic -related ground failure, including liquefaction, is required given the site’s proximity to the Peralta Hills Fault, as ide ntified in the General Plan Public Safety Element, Figure PS-1.

Greenhouse Gas Emissions – The greenhouse gas emissions from project construction and operations will need to be assessed individually, and in a cumulative manner.

Population and Housing – An analysis needs to address the substantial unplanned population growth that would be created by the project.

Public Services – Analysis of the project’s impact of City services and infrastructure is required.

Transportation – The project needs to address V ehicle Miles Traveled via a Traffic Impact Analysis and the Level of Service changes anticipated to occur by introducing residential use to the area. See the City’s Traffic Impact Analysis Guidelines for Vehicle Miles Traveled and Level of Service Assessment located on the City website at:
https://www.cityoforange.org/home/showpublisheddocument/20 88/637708760828930000
The projec t also needs to address the sight distance at the projecting curvature for the project’s Canal Street entrance and 152
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Tribal Cultural Resources - Potential for discovery of tribal cultural resources exists during subsurface construction and mitigation may be merited subsequent to tribal consultation. The general vicinity has a documented Native American presence over the course of history.

Utilities and Service Systems – A Water Supply Assessment is required for the project to determine that water supply needs can accommodate the project and not impact surrounding uses.

In addition to the above, the potential for cumulative impacts of the project is un known. An analysis of the project impacts combined with impacts of projects within an adequate radius of the site will need to be performed.

For use in subsequent submittals, the City’s Local CEQA Guidelines are located on the City website here:
https://cityoforange.prod.govaccess.org/home/showpublisheddoc ument/276/637698180514970000

The City has a CEQA Qualifi ed Consultant List available as a reference for environmental consultant selection located on the City website here:
https://cityoforange.prod.govaccess.org/home/showpublisheddoc ument/150/637698143293400000
Proposed use of an environmental consultant not identified on the list will require prior City approval.

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This comment remains unresolved.

4. The proposed project appears to be vehicularly isolated from the contiguous mall site. This configuration promotes a “placeless” environment for both the site and to the adjacent sites for connectivity purposes and with regard to providing a high quality neighborhood environment that is integrated with its
surroundings. Furthermore, the lack of greater vehicular connectivity and pass through may provide greater burden on Canal Street, the sole access point. Please describe how the project meets the Issues, Goals, and Policies on page UD-4 of the General Plan Urban Design Element.

Revising the site design is encouraged to create a block structure within the mall site such that vehicular and pedestrian thoroughfares linearly transect the site to allow for connection to adjacent mall uses and provide for seamless interconnection of future redevelopment. Doing so would promote consistency with Urban Design Element Goals 2.0, 4.0, and 6.0 and Policies 2.2,

2.4, 4.1, 4.3, 6.1, 6.4, and 6.5. This would also prom ote consistency with the Circulation and Mobility Element, Goal 1.0 and Policy 1.1.

Additionally, the site plan requires detail as to how the project’s pedestrian paths will interface with other uses on the site and the surrounding neighborhood. Provide details of the perimeter walkway, commercial connections, proposed separation walls Although an application is not requir ed to
demonstrate compliance with a local
agency's existing zoning or general plan
designations when it is subject to the
builder's remedy (see Response to
Comment No. 2), the responses are
provided herein:

Vehicular access to the adjacent mall site
is p rovided at the northwestern and
southwestern project boundary as shown
on the site plan.

Pedestrian access to the ajacent site is
provided along all site boundaries
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October 5, 2023 Comment:

This comment remains unresolved.

7.0, and 9.0. Revise the Letter of Justification to provide a narrative of the proposal’s compliance with the goals and policies.

October 5, 2023 Comment:

Thank you for the analysis responses provided. Staff continues to maintain that the connectivity and pedestrian circulation provided by the project is less robust than envisioned by the General Plan Goals cited. Specifically, the integration and character of the project in relation to adjacent commercial uses and a single -family residential neighborhood appears isolated, devoid of community and neighborhood characteristics, and City identity. Concepts that would accommodate both the project and General Plan goals include:
• Widened inviting interior pedestrian corridors connecting with adjacent commercial uses and public right-of ways. • Widened drive aisles with connectivity, or potential future connectivity with the mall site for potential future direct connectivity to Tustin Street.

Although an application is not required to
demonstrate compliance with a local
agency's existing zoning or general plan
designations when it is subject to the
builder's remedy (see Response to
Comment No. 2), the responses are
provided herein:

LUEG 1.0 - This community offers
attainable housing in a underutilized
portion of the City
LUEG 2.0 - This community offers the
opportunity for mixed use, with homes
adjacent to and integrated with an existing
commercial use.

LUEG 6.0 - This community will be
beneficial to the environment, removed an
asbestos contaminated vacant building and
replacing it with a vibrant residential
community.

CMEG 1.0 - The public circulation system
will not be negatively impacted by the
community.
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Furthermore, without a Traffic Impact Analysis, staff is unable to determine if Circulation and Mobility Element Goals will be achieved. See the Traffic Division comments.

CMEG 3.0 - The community will be
connected to the adjacent mall property
through vehicular and pedestian
connections.

CMEG 4.0 - Pestrian transportation will be
improved through the implementation of
new sidewalks and pedestrian walkways
CMEG 6.0 - The interior roadways within
the community will be aesthetically
pleasing through the use of landscaping
and building setbacks, enhancing their
appearance
UDEG 2.0 - The community will create a
horizontally integrated mixed use
community, offering new housing that is
visually distinct and will complement the
City of Orange.

UDEG 4.0 - The new community will
reinforce the character of the surrounding
district through complementary and
contemporary architecture
UDEG 6.0 - This community will allow
for improvement to an area that is
currently delapidated and underutilized,
and will be appropriate for the property
PSEG 7.0 - The mall property adjacent to
Canal Street is currently a magnate for
homelessness. Bringing a vibrant
community with eyes and ears in this
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October 5, 2023 Comment:

Specifically, please explain how the planting theme for the project expands and is compatible or transitionary to landscape themes of the contiguous mall site. Show what aspects of site landscaping tie into landscaping found elsewhere on the mall site. On the landscape plan, demonstrate existing parking lot trees that will be retained and those that will be removed.

The 2-story Edge townhomes along Canal
Street incorporates 'human scale" aspects
(low eaves, front porch extensions,
textured materials) to transition from the
existing residences at the west to the 3 -
story townhomes and to the adjacent
Village at Orange mall. The architectural
design of all the townhome products
incorporate rhythm by variations in
proportion, balance, and emphasis to the
individual townhomes adjacent to one
another. Brick and siding wall finishes
provide the textural e lement in
combination stucco wall finishes and
contrasting colors. The brick and stucco
on the townhomes also reflects similar
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Paseos are provided throughout the site
with m inimal street crossings for
pedestrian friendly circulation on -site and
between adjacent uses, with front entries to
the townhomes oriented towards the
pedestrian-only paseos.

8. The proposed ADUs show a direct connection to the interior of units they are attached to. The floor plans for some of these units appear to be labeled as “Adaptable Unit.” Please provide definition and characteristics of an “Adaptable Unit” and the potential rental use of such units. All of the ADU and “Adaptable Units” show both a separate entrance, and an entrance door that leads directly to the primary unit. With this connectivity, an analysis is required to demonstrate how these units will maintain privacy between them and the primary unit and, will also retain properties as separate affordable units. This is particularly necessary since there is an assumption that family members will not exclusively be the ADU occupants given the need for required income qualification. Alternatively, the doors between the ADUs and primary units shall be replaced with solid walls.

October 5, 2023 Comment:

The “adaptable units” may not have a kitchen. Note the dwelling definitions of Orange Municipal Code Section 17.04.023 which state:

Additional diagram added for the ADU
option, separating the livi ng areas for
private rental purposes from the primary
residence. The term "adaptable unit" is
intended to convey the option to modify
the ground floor living area for users with
limited mobility (ADA compliance)
and/or private ADU for rental use.
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“Dwelling, single -family” mea ns an attached or detached building not to contain more than one kitchen…”

Units need to be separate, independent, and/or not more than one kitchen. Therefore, the “adaptable unit” may not include a kitchenette and may not be a unit, if connected via a d oorway leading to the primary dwelling. The area can merely be a ground floor habitable space with connectivity to the rest of the home.

Please revise the plans to reflect code conformance.

9. ADUs are proposed to be deed restricted so that they are available at 80% AMI. The City exceeded our 5 th RHNA cycle needs for units in the 80% AMI category and did not meet our very low - income category housing needs. Therefore, the City shall condition the proposed deed restricted ADUs to be provided at 50% or below AMI to assist in meeting the City’s projected very low-income housing shortfall for the 6th RHNA cycle.

Provide a process under recorded CC&Rs whereby the
association is responsible for tracking, monitoring, and reporting to the City the qualifying affordability of ADU leaseholders and occupants.

Provide drafts of applicable deed restrictions without expiration.

October 5, 2023 Comment:

Through this Comment, the City is
purporting to require the project to
condition its ADUs to be deed restricted at
50% or below AMI rather than the 80%
AMI proposed by the project. This is
improper.

As explained above (see Response to
Comment No. 2), this is a builder’s remedy
application under the Housing
Accountability Act, that meets the
affordability requirements of that statute.

The City cannot impose additional
affordability requirements on the
Applicant.

That said, for the purposes of ensuring that
the ADUs are operated in accordance with
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Staff does not read the statute such that it limits the City’s ability to require a project to provide affordable units meeting an unfulfilled RHNA need.
the applicable affordability requirements,
Applicant wi ll follow the requirements
outlined on Page 5 of the City’s ADU
application form. However, the Applicant
has not received a copy of the template
deed restriction yet.

Additionally, even though it is not
required, Applicant will consider
including a 50% or below AMI restriction,
rather than the 80% required by the
Housing Accountability Act. Provided it
does not render the project infeasible, the
Applicant will agree to such terms

14. Provide all recorded reciprocal parking and access easements covering the entire mall site. Supplement these documents with an analysis that summarizes all easements. Specifically describe if any Village at Orange, Walmart occupied, and Sears property access and parking easements require access across or through the project and if parking on adjacent sites is required to be available for overflow parking from the project, or if project parking is required to be available to adjacent sites. Specifically describe any easements proposed to be abandoned, and if the Sears property owner or leaser is required to be a party to such abandonment.

October 5, 2023 Comment:

Understanding the legal connectivity of the project to the contiguous mall site is imperative to knowing if the project is As explained in response to Comment No.
3, the City can only require the submission
of documents that are detailed in the list
required by Government Code § 65940,
and the City cannot otherwise require the
submission of any information that is not
provided on that list. (See Gov’t Code §§
65944(a) and (b).) Even assuming the
Land Use Development Application form
constitutes a list under Government Code
§ 65940, the application form does not list
these specific easements or the analys is
requested by the comment as required
deliverables. Accordingly, the City cannot
require the delivery of such documents
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Specifically, provide documentation for reciprocal access to parking lots on north and south side of project. The project has streets that go into these parking lots that are not owned by the project applicant.

and/or analyses for the purposes of
deeming the application complete.

That said, Applicant has provided a
hyperlinked preliminary title report to the
City, which will include a listing of all
easements that may impact the project site.

This would include the existing
Construction, Operation, and Reciprocal
Easement Agreement (and the
amendments thereto) between the various
mall property owners allowing for ingress
and egress over each others property.

The project will not require any overflow
parking on any other property. All parking
will be provided within the project site.

Additionally, the Applicant currently
expects to either enter into new easements
agreements and/or revise old agreements
with its neighbors to provide additional
access rights across the properties that
border the project site. Those documents
will be provided to the City as time
progresses, but they are not needed for the
purposes of the application deemed
complete.

Per 17.29.130(D)(3), ADU is part of the
proposed primary residence and no
parking is required. This is a Builders
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Completed
(Staff Use)
Comment
Number
Sheet
No. Staff Comment Applicant Response
for the ADUs, describe the parking exclusion that is being relied on. If the exclusion is based upon being within one -half mile walking distance of public transit as defined by the Department of Housing and Community Development, show the distance to the nearest public transit.

October 5, 2023 Comment:

Thank you for providing a parking summary. Please dimension all driveway parking spaces with a color code matching a color code to the summary. Please also color code all open spaces matching a color code to the summary. Please show the nearest bus stop on the existing and proposed overall parking exhibit with a line designating the distance to the nearest project property line.

Doing so will enable the Parking information requirements of the City’s Land Use Application to be fulfilled.

Remedy application, meaning that
compliance with zoning requirements
including parking cannot be required. (See
Response to Comment No. 2.) Further, no
parking is required for ADU's.

18. Show the location of bicycle racks and motorcycle parking in compliance with Orange Municipal Code Section 17.34.080.

October 5, 2023 Comment:

The cited code section required 300 square feet of motorcycle parking and two bike racks. The site plan appears to provide less than the code requirement. Please remedy the discrepancy on a resubmitted site plan.

As shown on the Site Plan, the project
complies with the requir ements of OMC
sec. 17.34.080.

19. On a revised site plan, demonstrate that parking stalls, garages, drive aisles and, driveways and/or turnaround aisles meet the Although an application is not required to
demonstrate compliance with a local
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Completed
(Staff Use)
Comment
Number
Sheet
No. Staff Comment Applicant Response
requirements of Orange Municipal Code Section 17.34.110. In particular Subsection I.,” Interior Circulation Requirements” states that “Driveways and/or turnaround aisles serving 10 or more parking spaces shall not be dead -end aisles unless a turn - around or back -up area is provided to the satisfaction of the Community Development Director.” The proposed site plan contains several dead-end drive aisles leading to garages. There are more than 10 garage parking spaces along those drive aisles.

Additionally, this configuration may be problematic to
emergency responders, waste haulers, and visitors. Please demonstrate code compliant for this issue on a revised site plan.

October 5, 2023 Comment:

The comment remains unresolved.

The code section specifically mentions garages and turnaround aisles and the application is irrespective of if the vehicular path is a drive aisle, ally, or private drive. Furthermore, the curb to curb widths of the drive aisles do not meet the 25 foot width required by Orange Municipal Code Section 17.34.110F.4. and 6. which further hinders the ability for motorists unfamiliar with the site to exit the drive aisles with forward-facing movement.

Safe vehicular turning movement and a back -up option has not been demonstrated. This comment remains unresolved.
agency's existing zoning or general plan
designations when it is subject to the
builder's remedy (see Response to
Comment No. 2), the responses are
provided herein:

N/A - 17.34.110(I) d oes not apply to
garages; each alley is a private drive. "No
Public Parking" signage will be provided.

21. On the project site plan, or a separate access plan, specify any enhanced project entry areas for pedestrian access through the site from the residential neighborhood to the west. Show all Accessible path of travel labeled on site
plan Sheet SP 1
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October 5, 2023 Comment:

To clarify the purpose of this comment, staff is looking for any particular points of egress through the site from north to south and east to west that would have a particular announcement and enhancements that would facilitate pedestrian connectivity through the site to adjacent uses and neighborhoods.

22. Some drive aisles are designated as 22 feet wide. This does not comply with the 25-foot-wide drive aisle width required by Orange Municipal Code Section 17.34.110F.4. and 6.

October 5, 2023 Comment:

See comment 19. The curb to curb widths of the drive aisles do not meet the 25 foot width required by Orange Municipal Code Section 17.34.110F.4. and 6.
29'-4" provided from garage door to
garage door typical. See Typical Backout
Distance diagram on SP1

In preparation for integration with future development of properties to the north and south, the pr oject should incorporate residential front facades oriented toward those properties to promote pedestrian orientation and natural surveillance.

Although this is a Builders Remedy
application, and as such, is not required to
comply with Zoning requirements (see
Response to Comment No. 2), all
townhome products have been designed to
have multiple front facades.
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This comment remains unresolved.

26. The site plan lacks the required refuse enclosure areas. Cart service is not acceptable and would also interfere with garage access when set at the curb for collection, and emergency service provider access. Please show multiple refuse enclosure locations conveniently accessible to residents with proper landscaping. Use Public Works standard 409 for the enclosures.

October 5, 2023 Comment:

See Comment 98. This comment remains unresolved.

The trash pickup plan allows for refuse
collection without impacting garage
access or emergency service provider
access.

28. On the formal site plan, demonstrate that common and open space requirements of Orange Municipal Code Sections 17.19.090.D, Table 17.14.070, and 17.14.110 are met. Show this both in symbols for each area with accompanying text identifying the size of each open space area and in tabular form on the plan sheets.

October 5, 2023 Comment:

Thank you for providing the Common Open Space Exhibit. It appears that you met the common open space requirement, required number of amenities, and have provided qualifying private open space per unit. However, the 250 square feet per unit stated as required in the table on Sheet L5 is incorrect. Each unit only needs to have 40 square feet to qualify as required private open space and you may apply 25 of the sum of private open space Although this is a Builders Remedy
application, and as such, is not required to
comply with Zoning requirements (see
Response to Comment No. 2), see the
Common Open Space exhibit, which
demonstrates compliance
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29. Provide view simulations of the Recreation Center, Canal Street landscape interface, interior courts, and perimeter edges as viewed from interior units to demonstrate visibility to common open space areas and walkway will be accomplished. Doing so will demonstrate compliance with Orange Municipal Code
Section 17.19.090.E.1.

October 5, 2023 Comment:

This comment remains unresolved.

This Comment requires the submission of
detailed photosimulations of certain areas
within the project. This is improper.

Under Government Code §§ 65940 and
65943, the City can only require the
submission of documents that are detailed
in the list required by Government Code §
65940. As explained above, the City has
no such list, and therefore, cannot require
the submission of any additional
information other than what was
previously provided.

Further, Government Code §§ 65944(a)
and (b) further precludes the City from
requiring any additional information that
is not otherwise included in a list prepared
pursuant to Government Code § 65940.

Even assuming the Land Use
Development Application form constitutes
a list under Government Code § 65940, the
application form does not list these types
of documents as one of the required
deliverables. Accordingly, the City cannot
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That said, per t he Land Use Project
Application form, Applicant has submitted
a landscaping plan along with other plans.

That is all that can be required at this time.

Additionally, to the extent the Comment is
asking that Applicant show that the Project
is consis tent with the City's zoning
regulations, such a request is improper in
the builder's remedy context. (See
Response to Comment No. 2.)

32. In your project description letter, clarify whether there will be no amenities in the Canal Street adjacent walkway fronting the project.

October 5, 2023 Comment:

Staff recommends the removal of the benches along the walkway to deter loitering in the area, which is a concern of adjacent residents.

Canal Street will include benches, public
art, and a dry creekbed, as shown along the
walkway on landscape plan sheet L1

34. The application requires re -zoning of the property to Neighborhood Mixed Use (NMU). Pursuant to Orange Municipal Code Table 17 .19.120, the front setback, which is facing Canal Street, authorizes a maximum 10 -foot setback or up to 20 feet when sidewalk oriented pedestrian amenities are provided. Please dimension the front setback distance at different points along the As explained in Response to Comment No.
2, this is a builder’s remedy application
under the Housing Accountability Act, as
such, the project does not need to be
consistent with the existing zoning or
general plan designation within the City.

Accordingly, the applicant cannot be
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October 5, 2023 Comment:

This comment is unresolved.
required to rezone the property or ensure
consistency with the City’s zoning code.

That said, the Applicant had originally
provided the existing 30 -foot setback at
the request of City staff. If the City would
prefer a 10 -foot set back only, Applicant
will consider revising its plans to
accommodate more housing.

38. Demonstrate compliance with minimum storage area
requirements of Orange Municipal Code Section 17.14.140 for each unit on resubmitted floor plans.

October 5, 2023 Comment:

Orange Municipal Code (OMC) Section 17.19.090 states:

“Multi-Family Development.

Multi-family development shall comply with the following standards, the standards in Section 17.19.120, and the applicable standards for the R-4 zoning district in Chapter 17.14 (Residential Districts). If there is a conflict between any of the standards in this chapter and Chapter 17.14 the standards in this section shall apply. Where this section is silent on any given topic, the standards for the R-4 zoning shall apply.”

Hence, OMC Section 17.19.090 is applicable to multi -family residential projects regardless of what district they are in.

17.14.140 is applicable to residential
districts, so is not applicable to our project
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39. On a revised site plan, show required corner cut-offs for street and drive aisle line of sight needs as specified in Orange Municipal Code Section 17.14.150.

October 5, 2023 Comment:

Based on the code section cited in the comment above, OMC Section 17.14.150 applies to multi -family residential projects regardless of what district they are in. Thank you for providing the corner cut -off for the main entrance on the grading plans.

Please expand the corner cut -off analysis to include the internal streets and dri ve aisles. Provide the triangular dimensions as depicted in OMC Figure 17.14.150.

17.14.150 is applicable to residential
districts, so is not applicable to our project
None the less, we have complied with this
requirement, which is shown on the
preliminary grading plan.

October 5, 2023 Comment:

Staff reserves the right to comment on any revisions that occur in the project.

Applicant will comp ly with the strict
requirement of Government Code §§
65940 and 65943. If the City failed to
require the production of any additional
information through its Notice, the City
has waived its ability to require that
information through later comments.
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Robert Ambriz Jr., Parks and Facilities Manager
(714) 744-7283 or [email protected]
No Further Landscape Services Comments
Fire Department, Fire Prevention Division:

Rosie Flores, Plan Examiner
(714) 288-2546 or [email protected]

Include the following note on the submitted Fire Master Plan:

October 5, 2023 Comment:

Provide the requested note on the Fire Master Plan.

A Fire Master Plan has been provided

City & California Fire Code requirements
acknowledged. Easements to be reviewed
and recorded prior to issuance of rough
grade permit

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45. Provide fire apparatus access roadways:

d. The fire access roadways shall be designed to support the imposed loads of the Orange Fire Department fire apparatus with a total load of 68,000 pounds. The fire apparatus is distributed as 46,000 pounds on the tandem rear axles and 22,000 pounds on the front axle. The fire access roadway shall be designed, constructed and maintained to provide all - weather driving capabilities.

e. Provide a letter or statement, wet -stamped and signed by a registered engineer on the plans certifying that any new roadway meets the 68,000 pound all weather requirement or The Fire Master Plan comp lies with these
requirements
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f. Parking shall be provided on internal project roadways. No street parking on roadways. (New Comment)
October 5, 2023 Comment:

With exception of the crossed out comments, the above comments remain unresolved.

46. Provide fire access walkways:

a. Show a minimum 5 -foot-wide fire access walkway to all openings and egress doors, on the first -floor exterior walls, required by the CBC and/or CFC.

b. Fire access walkways shall be a level solid surface, unobstructed by trees or shrubs and shall consist of a surface that lends itself to safe use during building evacuation, firefighting, and rescue efforts. Alternative surfaces (i.e., decomposed granite, gravel, grass etc.) are evalua ted by the fire code official for acceptance on a case-by-case basis.

c. Show fire department ladder access to all bedroom windows located at the third story and below, provide a minimum 6 feet wide access to structure for laddering to emergency escape or rescue windows. Unless it can be shown that laddering operations will not require more than 5 feet width. Provide a detail for each floor to demonstrate correct angle dimension ratio of 1/4 the working length of the ladder away from the a. 5' walks dimensioned on site plan SP1
b. Sidewalks to be concrete
c. This level of detail in a Fire Master Plan
is not appropriate at this time. This
information will be provided via an
approved Fire Master Plan prior to
issuance of building permits.
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October 5, 2023 Comment:

With exception of the crossed out comments, the above comments remain unresolved.

47. Provide firefighting water supply availability:

Remove radial dimensions.

b. Show the required fire flow in accordance with the CFC Appendix B, applicable Table B105.1. A reduction in the required fire flow is allowed for buil dings provided with an automatic fire sprinkler system per OMC amended Appendix B to no less than 1,500 gpm at 20 psi.

c. The spacing and number of fire hydrants shall be in
accordance with CFC appendix C, Table C102.1, and Chapter

5. d. Provide the available fire flow for the fire hydrants nearest to the proposed structures fronting the street, to confirm the ability and demonstrate compliance with the requirements of Fire hydrants have been provided that
comply with these requirements.

Demonstrating compliance with CFC at
this level of detail is not appropriate nor
possible at this time. Compliance with
CFC will be completed prior to building
permit via an approved Fire Master Plan
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e. Additional fire hydrants, at the cost of the developer, may be required after the requested information is reviewed for CFC compliance.

October 5, 2023 Comment:

With exception of the crossed out comments, the above comments remain unresolved.

Note added to plans

57. Smoke alarms within 20 feet from cooking appliance shall comply with exceptions per CBC 907.2.11.8 extract of NFPA 72 section 29.8.3.4 (4) as amended. Device in common area between 6-10 feet from permanently installed cooking appliance is required to be photoelectric, greater than 10 feet is required to be photoelectric type, ionization smoke alarm with silencing feature, or listed for use in proximity to a permanently installed cooking appliance. Closer than 6 feet, must be listed for use in proximity Note added to plans
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Note added to plans

59. Carbon monoxide alarms shall be installed in Group R occupancies in accordance with the provisions set forth in Building Code 915.4 for Group R occupancies. Indicate carbon monoxide alarm locations on the floor plan or reflected ceiling plan. Combination C arbon monoxide/smoke alarm, must be listed by State Fire Marshal, provide manufacturer
information. Embed the manufacturer specification for
proposed device(s).

Note added to plans

Acknowledged and will comply with
applicable codes.

61. Spaces under stairways serving and contained within Group R -2 or R-3 shall be permitted to be protected on the enclosed side with *See response to comment #60
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Orange City CouncilJune 5, 2024

Orange City Council
June 5, 2024