Attachment No. 10 First Incompleteness Letter — Orange City Council, June 5, 2024

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 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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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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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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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.

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, co mmercial connections, proposed separation walls and fences, and relation of the drive aisles to circulation on the site.

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.

14. Provide all recorded reciprocal parking and access easements covering the entire mall site. Supplement the se documents with an analysis that summarizes all easements. Specifically describe if any Village at Orange, Walmart occupied, and Sears prope rty

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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.

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

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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.

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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.

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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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(Staff Use)
Comment
Number
Sheet
No. Staff Comment Applicant Response
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.

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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 The Village District at Orange
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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.

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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.

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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, The Village District at Orange
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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.

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Orange City CouncilJune 5, 2024

Orange City Council
June 5, 2024