Attachment No. 16 Second 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

October 5, 2023

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

ELECTRONIC MAIL

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:

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

The project remains the following:

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

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

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

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

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

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

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

Sincerely,

Chad Ortlieb
Principal Planner

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

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

Community Development Department, Planning Division:

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

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

October 5, 2023 Comment:

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

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

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

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

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

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

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

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

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

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

October 5, 2023 Comment:

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

However, all plan sheets submitted for building plan must A fire master plan and conceptual
landsccape plan were provided to the City
on June 5, 2023. All mechanical
equipment servicin g the homes directly
will be located on roofs and hidden from
view. As there is currently no dry utility
plan, it is not possible, nor appropriate to
comply with this request at this time for
ground mounted equipment.

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17.19.180. Specifically, all mechanical and air conditioning equipment shall be shielded a nd screened from view from adjacent streets and properties. The screening shall be integrated architecturally with the building.

Police Department, Crime Prevention Division:

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

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

October 5, 2023 Comment:

The above lighting requirements must be added to the plans.

Please specify the page number this requirement is added to.

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

The City’s Land Use Application form
does not require the submittal of a wall,
fence, curbing, or “lighting/photometric
light” plan. (Gov't Code sec. 65940, et
seq.) As such, the City cannot require the
submission of these materials for the
application to be deemed complete. That
said, the Applicant will provide the
requisite plan prior to the issuance of
building permits.

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Public Works Department, Solid Waste Section:

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

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

October 5, 2023 Comment:

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

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

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

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

102.

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

October 5, 2023 Comment:

Comment still applies. See above comment regarding application requirements.

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Community Development Department, Planning Division:

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

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

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

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

Cultural Resources – A cultural resource assessment of the mall will be required to evaluate the potential significa nce of the property. The mall was constructed in 1967 -1971 and therefore meets one of the criteria for designation on the National Register of Historic Places. Furthermore, it may qualify for listing on the local Historic Resources Inventory for its social history, architecture, and association with a potentially significant architectural firm. Furthermore, there is a documented presence and occupation of the general vicinity dating to the Spanish Due to the length of the Applicant's
response, Applicant has provided a
separate PDF document attached hereto
responding to this comment.

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

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

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

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

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

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

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

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

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

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

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This comment remains unresolved.

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

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

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

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

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

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

This comment remains unresolved.

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.

October 5, 2023 Comment:

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

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

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

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

CMEG 1.0 - The public circulation system
will not be negatively impacted by the
community.

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Furthermore, without a Traffic Impact Analysis, staff is unable to determine if Circulation and Mobility Element Goals will be achieved. See the Traffic Division comments.

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

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

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

October 5, 2023 Comment:

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

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

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

October 5, 2023 Comment:

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

Additional diagram added for the ADU
option, separating the livi ng areas for
private rental purposes from the primary
residence. The term "adaptable unit" is
intended to convey the option to modify
the ground floor living area for users with
limited mobility (ADA compliance)
and/or private ADU for rental use.

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“Dwelling, single -family” mea ns an attached or detached building not to contain more than one kitchen…”

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

Please revise the plans to reflect code conformance.

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

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

Provide drafts of applicable deed restrictions without expiration.

October 5, 2023 Comment:

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

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

The City cannot impose additional
affordability requirements on the
Applicant.

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

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

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

October 5, 2023 Comment:

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

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

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

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

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

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

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 Parking calculation provided on sheet SP1.

Per 17.29.130(D)(3), ADU is part of the
proposed primary residence and no
parking is required. This is a Builders
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October 5, 2023 Comment:

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

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

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

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

October 5, 2023 Comment:

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

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

19. On a revised site plan, demonstrate that parking stalls, garages, drive aisles and, driveways and/or turnaround aisles meet the Although an application is not required to
demonstrate compliance with a local
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Additionally, this configuration may be problematic to
emergency responders, waste haulers, and visitors. Please demonstrate code compliant for this issue on a revised site plan.

October 5, 2023 Comment:

The comment remains unresolved.

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

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

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

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

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

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

October 5, 2023 Comment:

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

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

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

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This comment remains unresolved.

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

October 5, 2023 Comment:

See Comment 98. This comment remains unresolved.

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

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

October 5, 2023 Comment:

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

October 5, 2023 Comment:

This comment remains unresolved.

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

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

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

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

That is all that can be required at this time.

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

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

October 5, 2023 Comment:

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

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

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

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

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

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

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

October 5, 2023 Comment:

Orange Municipal Code (OMC) Section 17.19.090 states:

“Multi-Family Development.

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

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

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

October 5, 2023 Comment:

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

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

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

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.

October 5, 2023 Comment:

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

Applicant will comp ly with the strict
requirement of Government Code §§
65940 and 65943. If the City failed to
require the production of any additional
information through its Notice, the City
has waived its ability to require that
information through later comments.

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Robert Ambriz Jr., Parks and Facilities Manager
(714) 744-7283 or [email protected]
No Further Landscape Services Comments
Fire Department, Fire Prevention Division:

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

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.

Include the following note on the submitted Fire Master Plan:

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.

October 5, 2023 Comment:

Provide the requested note on the Fire Master Plan.

A Fire Master Plan has been provided

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

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45. Provide fire apparatus access roadways:

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. Resolved

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. Resolved

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.

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

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

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

46. Provide fire access walkways:

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

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

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

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October 5, 2023 Comment:

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

47. Provide firefighting water supply availability:

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.

Remove radial dimensions.

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

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

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

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

October 5, 2023 Comment:

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

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. Note this on the electrical sheet.

Note added to plans

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

Note added to plans

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

Note added to plans

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

Acknowledged and will comply with
applicable codes.

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

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.
*See response to comment #60
Police Department, Crime Prevention Division:

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

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 r equired to direct emergency responders to residential units’ main entry doorway.

Demonstrate compliance with this requirement on resubmitted plans.

Labeled on site plan SP1
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October 5, 2023 Comment:

Illuminated monuments will be required at front drive aisles for buildings 1, 5 - 11, 13 - 17, & 22 - 25. Monuments will display the address range for each building. 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.

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.

October 5, 2023 Comment:

Add the details on page SP1 for signage requirements.
a. Illuminated wayfinding signage will be required at each vehicular access point. Signage should be a minimum size of 5’ wide by 3’ in height. The wayfinding signage serves as a diagrammatic representation of the site which shows the location of the viewer and the buildings on the site.

Labeled on site plan SP1

76. Aisles, passageways, and recesses related to and within the project site shall be illuminated with an intensity of at least .50 Note added to plans
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Lighting devices shall be protected by weather and vandalism resistant covers. Provide a photometric plan for these areas.

October 5, 2023 Comment:

Please specify the page number this requirement is added to.

79. Landscaping must not interfere with addresses or lighting.

Demonstrate compliance with this requirement on a landscape plan.

October 5, 2023 Comment:

This comment remains unresolved.

Acknowledged and will be addressed prior
to building permit issuance. Conceptual
landscape plan has already been provided.

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

October 5, 2023 Comment:

Provide elevation for pedestrian gate at front elevation of rec center. Design the pedestrian gate so that it is difficult to climb.

Height of pedestrian gate shall be a minimum of 8’.

See elevations on Fence and Wall plan,
Sheet L3

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

October 5, 2023 Comment:

See Response to Comment No. 41.

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Public Works Department, Building Division:

Mark Ibrahim, Senior Plan Check Engineer
(714) 744-7202 or [email protected]
No further Building Division comments.

Public Works Department, Right-of-Way Section:

Robert Moya, Senior Admin Analyst
(714) 744-5548 or [email protected]

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).

October 5, 2023 Comment:

No change. Still valid comment.

This Comment requires the submission of
various documents confirming that certain
easements over the property were
relocated at the application phase. This is
improper.

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

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

October 5, 2023 Comment:

Comment is not addressed all of the comment applies. I still do not see how CR&R vehicles will be serving this development.

The trash pickup plan complies with all
requirements of this comment.

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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.

October 5, 2023 Comment:

Sheet L4 isn’t applicable since it does not show trash enclosures.

Regardless this plan lacks adequate information or description by just having color boxes placed at random. See Table A, Comment 98 regarding application requirements.

The project has been designed to allow for
individual trash pickup service. See Trash
Pickup Plan sheet L4

100.

Provide a subdivision map with property dimensions/lot sizes.

October 5, 2023 Comment:

Access easements for trash truck service is not shown on the map.

VTTM provided

101.

Provide a grading plan for dimensions and slopes of aisles and trash enclosures.

October 5, 2023 Comment:

Comment still applies.

No trash enclosures proposed

103.

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

October 5, 2023 Comment:

Comment still applies to any driveways the applicant may have.

Rolled curb has ben provided in lieu of
individual driveway aprons
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104.

Follow trash enclosure standard 409 and sizing recommendations.

October 5, 2023 Comment:

Comment still applies. See Table A, Comment 98 regarding application requirements.

No trash enclosures proposed

105.

Trash trucks are unable to service units in aisles circled in red below. See comments regarding required bin service.
o
o
This is not the site plan for the submitted
project

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Once plans are updated with enclosures, enclosure locations will be reviewed then since the plans do not provide their location.

See Land Use Application requirements for Solid Waste
Management as specified in Table A, Comment 98.

Public Works Department, Subdivision Division:

Medel Llanes, Principle Civil Engineer
(714) 744-5535 or [email protected]

107.

Provide an ALTA survey.

October 5, 2023 Comment:

Indicate on the ALTA plan Parcel 2 per the legal description.

Show existing easement for the 60 -inch Santa Ana Valley Irrigation line straddling along the west side boundary.

ALTA survey provided

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.

October 5, 2023 Comment:

Address the following on the map:
• Dedicate corner cut -offs to accommodate traffic signal equipment and sidewalk access ramps at Canal and
Cumberland.

TTM provided
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110.

Provide a Fire access easement per Fire Department requirements.

October 5, 2023 Comment:

Show and dedicate fire access easements on the tentative tract map. Include recommendation/statement pavement design will support OFD imposed load of 68,000 lbs.

As explained in response to Comment No.
3, the City can only require the submission
of documents that are detailed in the list
required by Government Code § 65940,
and the City cannot otherwise require the
submission of any information that is not
provided on that list. (See Gov’t Code §§
65944(a) and (b).) Even assuming the
Land Use Development Application form
constitutes a list under Government Code
§ 65940, the application form does not list
a fire access easement as one of the
required deliverables. Accordingly, the
City cannot require the delivery of such a
document for the purposes of deeming the
application complete.

That said, Applicant will provide any
necessary easements in accodance with the
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111.

A drainage easement is required for cross drainage between adjacent properties.

October 5, 2023 Comment:

Applicant indicated on comment response there will be no cross- lot drainage from project site to adjacent properties. Preliminary Drainage Report indicates there are off -site areas, need to be reconciled.

No cross lot drainage proposed. Therefore,
no drainage easement required.

112.

Provide water easements per Water Division requirements.

October 5, 2023 Comment:

Show and dedicate Fire Access and Utility (including water lines) Easements on the tentative tract map.

As explained in response to Comment No.
3, the City can only require the submission
of documents that are detailed in the list
required by Government Code § 65940,
and the City cannot otherwise require the
submission of any information that is not
provided on that list. (See Gov’t Code §§
65944(a) and (b).) Even assuming the
Land Use Development Application form
constitutes a list under Government Code
§ 65940, the application form does not list
a water easement as one of the required
deliverables. Accordingly, the City cannot
require the delivery of such a document for
the purposes of deeming the application
complete.

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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. Not shown on
preliminary grading plans.

4. Show existing and proposed topographic features.

5. Show existing and proposed parcel lines, and AP nos. Call out existing parcels on the preliminary grading plan and proposed subdivisions (parcels) that need to carved out.

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. Section C-C shows grade
sloping towards the proposed building.

7. Existing and proposed storm drain facilities. Preliminary drainage plan included in the submittal showing
connection to existing 60-inch SAVI line. Need to provide hydraulic study to show runoff can b e accommodated by
the existing storm drain.

8. Existing and proposed sewer system.

9. Proposed off-site street improvements. Conceptual traffic signal shown on the preliminary grading plan. Need to
A preliminary grading plan was provided
which includes the requested information
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10. Proposed utility plan. Preliminary drainage, sewer, and water plans included in the submittal. Subject to further review during plan check. Show private utilities (electric, gas, tv, etc) on a utility plan to s how there will be no conflict.

11. Demolition plan

October 5, 2023 Comments:

Strikeout comments have been resolved. Blue text represents a response action.

117.

Submit a preliminary hydrology report per Orange County Hydrology Manual.

Preliminary Drainage Report (Hydrology Report) included in submittal. Subject to further review during plan check. Clarify if there are cross drainage. The drainage report included off -site areas in the run-off calculations.

Hydrology report provided

119.

Provide a preliminary geotechnical report.

October 5, 2023 Comment:

Preliminary geotechnical report includes in submittal. Need to include pavement recommendation for fire access to support Geotechnical report provided
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122.

Provide a preliminary addressing plan.

October 5, 2023 Comment:

Preliminary addressing plan included in the submittal. Need to indicate proposed street names. Subject to further review during plan check.

See Preliminary Address Plan, Sheet L6

123.

Provide City -owned streetlights along Canal Street. Designate these on resubmitted plans per City distancing standards

October 5, 2023 Comment:

Comment response indicated “NO additional streetlights are provided”. Street lights are required for project entitlements.

No additional streetlights are provided

124.

Additional comments will be provided on future submittals.

October 5, 2023 Comment:

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

Applicant will comply with the strict
requirement of Government Code §§
65940 and 65943. If the City failed to
require the production of any additional
information through its Notice, the City
has waived
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Doug Keys, Transportation Analyst
(714) 744-5541 or [email protected]

T1. The newly proposed project will provide a Traffic Impact Analysis (TIA) based on the City of Orange TIA Guidelines (June 2020). The Traffic Engineering Division cannot consider the project complete at the SRC without a traffic analysis that shows the impact of the project on the local circulation network. A copy of the TIA Guidelines was provided during comments for a previously proposed project at this location.

T2. 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.

T3. The project will be required to conduct a VMT Analysis. VMT requirements are included in the City’s TIA Guidelines.

T4. A Queuing Analysis and Delay Study will also need to be conducted at the proposed project entrance.

T5. The proposed project will provide a striping plan for the proposed signalization of the project entrance. The plan will show the proposed left-turn lanes, including pocket lengths, into the project from Canal.

T5. The newly proposed project shows a traffic signal at the Canal Street entrance. The design, engineering, right -of-way acquisition, construction and funding of the signal will be the responsibility of the project proponent

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T7. While the currently proposed project shows one driveway, the TIA will include an analysis of the possible use of Tustin Street for some of the project’s access.

T8. The Parking Analysis will need to include a discussion as to the strategies that the proposed development will use to prevent project resident and visiting vehicles from parking in the residential neighborhood west of Canal Street.

T9. Access to and from the project site will need to be designed and constructed to prevent project traffic from going westbound on Cumberland and also maintain right and left turns for eastbound Cumberland at Canal.

T10. 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 and/or providing any design, construction, and financing associated with doing so.

T11. 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 Public Works Director. Applicant shall be responsible to dedicate any right of way necessary to achieve the above.

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Junie Vuong, Assistant Engineer
(714) 288-2486 or [email protected]
Please see the Water Division’s comments following Table B in-lieu of a response to comments within the table.

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.

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.

October 5, 2023 Comment:

Comments will be provided directly to the WQMP preparer or via a separate transmittal.

The WQMP was submitted to the City
with the application

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Memo
Date: September 21, 2023
To: Chad Ortlieb, Community Development, Planning Division From: Junie Vuong, Public Works - Water Division
Re: SRC Water Review Comments

DEVELOPER REMEDY APPLICATION TTM No. 0053-23, MJSP No. 1140-23, DRC No. 5123-23, MMP No. 0002-23 – THE VILLAGE

DISTRICT AT ORANGE
Site Location: 2200 N Tustin Street
Billing Number: 23TTM0053
In addition to the Water Division Standard Conditions, please include the following comments/requirements:

1. Show water improvement plans. Include all other existing and proposed utilities and their facilities.

2. 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. Please show the proposed remedy to the piping that will be affected by the removal of the existing mainlines. The demolition plans show that there several of water facilities to the building will be cut off.

3. Show all existing and proposed water facilities and their disposition. Label sizes and type of service. All services must be separated out to domestic, irrigation/landscape, and fire. Show metered irrigation service(s) on the civil plans.

4. 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. Show the meters for each of the domestic services.

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

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6. 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.

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

Applicable Water Division Standard Conditions

1. 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.

2. 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.

3. 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.

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

5. 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.

6. Prior to building permit issuance, construction documents shall show that the installation of sewer mains 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.

7. Prior to building permit issuance, construction documents shall show that a six foot minimum horizontal clearance and a one foot minimum vertical clearance would be maintained between City water mains, laterals, services, meters, fire hydrants and all other utilities except sewer. The Water Division shall review and approve the construction documents.

8. 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 h ydrants, 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.

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9. Prior to building permit issuance, construction documents shall show that permanen t signs, awning, surface water quality management features or other structures are not built over water mains, laterals, services, meters, or fire hydrants as requi red by the Water Division.

10. 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.

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

12. 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.

13. Prior to the issuance of any grading permit, the applicant shall construct all public and/or private improvements to the satisfaction of the Water Division. The applicant may be required to enter i nto 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.

14. 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 preparing the fire suppression plans and/or fire master plan so that their designs concur.

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

16. 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.

17. 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.

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Community Development Department, Planning Division:

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

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 dev elopment 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:

The 2-story Edge townhomes along Canal
Street incorporates 'human scale" aspects
(low eaves, front porch extensions,
textured materials) to transition from the
existing residences at the west to the 3 -
story townhomes and to the adjacent
Village at Orange mall. The architectural
design of all the townhome products
incorporate rhythm by variations in
proportion, balance, and emphasis to the
individual townhomes adjacent to one
another. Brick and siding wall finishes
provide the textural element i n
combination stucco wall finishes and
contrasting colors. The brick and stucco
on the townhomes also reflects similar
materials used at the remodeled Village at
Orange mall for a cohesive adjacency.

Paseos are provided throughout the site
with minimal s treet crossings for
pedestrian friendly circulation on -site and
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October 5, 2023 Comment:

This comment remains unresolved. The City is in disagreement with the legal response dated September 1, 2023. Please see Attachment C for the City’s position on your response.
between adjacent uses, with front entries to
the townhomes oriented towards the
pedestrian-only paseos.

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

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

An asbestos report has been provided,
there are no other known hazardous
materials on the site.

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.

October 5, 2023 Comment:

Review and approval of CC&Rs can be deferred to prior to building or grading permit issuance.

This Comment requires the submission of
draft CC&Rs for the project at the
application phase. This is improper.

Further, Government Code §§ 65944(a)
and (b) further precludes the Cit y from
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Even assuming the Land Use
Development Application form constitutes
a list under Government Code § 65940, the
application form does not list draft CC&Rs
as one of the required deliverables.

Accordingly, the City cannot require the
delivery of draft CC&Rs for the purposes
of deeming the application complete.

That said, the Applicant will provide
CC&Rs to the City prior to the issuance of
the first building permit in connection with
this Project.

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

October 5, 2023 Comment:

Please review and respond to comments on the tract map as noted in the Public Works, Subdivision section of this table.

Provided
X

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 Provided
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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.

One vehicular point of ingress/egress to
Canal Street is provided as shown on site
plan. Additional points of ingress and
egress lead to the north and south ends of
the site.

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.

Provided on sheets SP5 -Existing Overall
Parking and SP6 -Proposed Overall
Parking.

This project is not required to address
impacts to the mall.

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 substitution 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.

The future owners will not have the ability
to add ADU's where they aren't proposed.

20. Provide an economic analysis specifying sales tax losses 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.

This request is improper as it is not
relevant to the City's consideration of the
proposed project. Likewise, thi s type of
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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.

As explained in response to Comment No.
2, this is a builder’s remedy application
under the Housing Accountability Act, as
such, the project does not need to be
consistent with the existing zoning or
general plan designation within the City.

Accordingly, the applicant is not required
to incorporate elements from any of the
City’s zoning requirements. As we know,
the mall has been struggling to retain and
procure new retail tenants adjacent to the
property. Indeed, as the City is aware, the
neighboring property has applied to
demolish major portions of the
surrounding mall property. Additional
retail space in this location is not
economically viable.

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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.

No parallel parking spaces are provided on
the revised plans, therefore, there is no
deficiency
X

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

Although this is a Builders Remedy
application, and as such, is not required to
comply with Zoning requirements (see
Response to Commen t No. 2), the
minimum distance between structures is
20' throughout the site, and therefore
comply; dimensions shown on site plan.

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

Section provided on sheet L1
X

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.

As explained in Response to Comment No.
2, this is a builder’s remedy application
under the Housing Accountability Act, as
such, the project does not need to be
consistent with the existing zoning or
general plan designation within the City.

Accordingly, the applicant cannot be
required to rezone the property or ensure
consistency with the City’s zoning code.

Furthermore, there are no streets
immediately adjacent to the northern or
southern boundary of the project site. As
such, no additional setback would apply if
the Zonning Code could be applied.

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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
• 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 commercial 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.

October 5, 2023 Comment:

Upon further evaluation, the code section cited refers to “each newly created lot.” Therefore, this comment is dismissed due to As explained in Response to Comment No.
2, this is a builder’s remedy application
under the Housing Accountability Act, as
such, the project does not need to be
consistent with the existing zoning or
general plan designation within the City.

Accordingly, the applicant cannot be
required to rezone the property or ensure
consistency with the City’s zoning code.

Additionally, the Comment’s request that
the Applicant explain how development of
the project would not have an adverse
impact on the growth and development of
the surrounding businesses. The proposed
project seeks t o develop the project site
only, not other portions of the surrounding
commercial uses or any other additional
property. As such, such an analysis would
be outside of the scope of this project.

However, as shown by the Site Plan, the
northern and south ern properties will
continue to be able to access each other
through the use of the roadway that
transects the Project.

Furthermore, nothing in the City’s Land
Use Application form requires the
submittal of these types of analyses. As
such, such a request is improper. That
said, the Applicant has already provided
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17.19.130 is highly recommended.

elevations and site maps that provides the
information requested.

Even though the Applicant is not required
to show that the proposed project complies
with the City’s zoning requirements, the
City has responded to the comments from
the Traffic Division through this
resubmittal. (See Response to Comment
Nos. 125-139.)
X 37. Provide a patio plan for the project to pre -designate those units which may have a patio cover.

No patio covers proposed
X

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

This is the legal lot within the RB Taylor
Tract, and is the lot number for this
project. See tilte report for legal
description.

Community Services Department, Landscape Services Section:

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

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.

The recreation center will be privately
owned and maintained, and open to
residents only
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Rosie Flores, Plan Examiner
(714) 288-2546 or [email protected]
X 44. Denote correct classification in accordance with the CBC Chapter 3, Section 303.

Note added to plans
X

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; e. The fire department connection shall not provide pressure to an on-site hydrant.
f. The location of the fire department connection s hall be approved by the Fire Department.

Note added to plans, Sheet A2.3
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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 buildings equipped througho ut 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.

There are not gates to the community.

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.

Acknowledged. 5' walk provided.

51. The architectural, civil and landscape drawings shall be coordinated such that information relative to fire access roadway widths, required vertical clearances and location of fire protection devices (FDC’s, BFD’s and fire hydrants) are shown in a similar manner.

Architechtural, civil, and landscape
drawings have been coordinated
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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.

Note added to plans
X

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.

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

Note added to plans
X

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.

Note added to plans
X 62. Rated wall openings shall be protected or meet minimum distance in accordance with CBC Chapter 7.

Note added to plans
Police Department, Crime Prevention Division:

Brad Beyer, Crime Prevention Specialist
(714) 744-7327 or [email protected]
X 65.

To ensure adequate services are provided and to minimize the demands on police services, security and design measures which The site plan is designed to have eyes on
all areas
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Completed
(Staff Use)
Comment
Number
Sheet
No. Staff Comment Applicant Response
employ defensible space concepts shall be utilized throughout the 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 hinge pins (NRP) required on
out-swinging doors.

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

Note added to plans
X

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:

Note added to plans
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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 clear 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 Security 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.

Note added to plans
X

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.

Note added to plans
X

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.

The doors to the ADU's from the main
residential unit have been removed
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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 wit hin 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 resubmitted plans.

Note added to plans
X

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

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.

Labeled on site plan SP1
X 75. Submit an address plan for this project. Address plan will need to be reviewed and approved by Fire and Police Departments.

See sheet L6-Preliminary Address Plan
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78. Should resubmitted plans include covered parking areas, such as carports please note that any covered parking areas, such as 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.

No covered parking areas proposed
See response to Comment #77
X

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.

See Fence and Wall plan, Sheet L3
X

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.

See Fence and Wall plan, Sheet L3
X

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 type fencing shall be installed by the homeowner association along the west perimeter property line. Pedestrian gates for west Acknolwedge comment. H owever,
Applicant reserves the right to object to
this condition as it appears to be improper.

Elevations for pedestrian gates have been
provided.

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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.

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.

See elevations on Fence and Wall plan,
Sheet L3
X

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- 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.

Note added to plans
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Completed
(Staff Use)
Comment
Number
Sheet
No. Staff Comment Applicant Response
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.

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.

Recreation area and building revised,
Sheet L2
X

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 Recreation area and building revised,
Sheet L2
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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.

Air duct/vent penetrations will be limited
to <96 sq in.

Public Works Department, Building Division:

Mark Ibrahim, Senior Plan Check Engineer
(714) 744-7202 or [email protected]
X 90. Provide a soil report. Soils report provided
X 91. Show ADA path of travel from all necessary points. Provided on site plan SP1 X 92. Show the location of electric vehicle chargers on the site plan. Labeled on site plan SP1 Public Works Department, Right-of-Way Section:

Robert Moya, Senior Admin Analyst
(714) 744-5548 or [email protected]
X 93. Provide a preliminary title report (no older than 90 days) with electronic links to the documents referred to in the report.

A hyperlinked title report is provided
X

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

ALTA survey provided
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Josh Soliz, Public Works Admin Manager
(714) 744-5588 or [email protected]
X 96. Overall, plans lack sufficient detail to facilitate providing all comments at this time.

No response warranted
Public Works Department, Subdivision Division:

Medel Llanes, Principle Civil Engineer
(714) 744-5535 or [email protected]
X 106.

Provide preliminary title reports with hyperlinks to cited documents not more than 90 days old.

Title report provided
X
108.

Confirm there is no direct access from site to the mall. Otherwise, provide reciprocal access agreement with adjacent property owners (mall owners).

As shown in the SIte Plan, in addition to
the Canal Street entrance, the project will
have access to the properties to the north
and south of the Project.

Regarding the request for the reciprocal
access agreements, as explained in
response to Comment No. 3, the City can
only require the submission of documents
that are detailed in the list required by
Government Code § 65940, and the City
cannot otherwise require the submission of
any information that is not provided on
that list. (See Gov’t Code §§ 65944(a) and
(b).) Eve n assuming the Land Use
Development Application form constitutes
a list under Government Code § 65940, the
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That said, Applicant will provide a
hyperlinked preliminary title report to the
City, which will include a listing of all
easements that may impact the project site.

X 114.

Utilities serving the development, such as electric, cable television, street lighting and communication shall be installed Acknowledged
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Provide a sight distance analysis for the proposed driveway access to the development.

The sight distance analysis has been
shown on the grading plan
X 116.

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

Pedestrian street crossings are only
provided at a signalized intersection
X 118.

Provide a preliminary sewer capacity analysis. Sewer analysis provided X
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 o f 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 are being relocated, then the Sycamore cultivar should be changed to Platanus x acerifolia ‘Columbia’. Also, irrigation would be required to the street trees.”
Tree species revised as suggested, Sheet
L1
X
121.

Provide City street trees on both sides of Canal Street Trees will be added on the opposite side of Canal where landscape and irrigation is
existing

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Table D – Partial List of Potential Conditions

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 Poli ce shall be submitted for review and approval to the Community Development Director or designee. Should the modifications be considered substantial, the modifications shall be reviewed and approved by the Planni ng Commission.

6. Except as otherwise provi ded 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 Devel opment 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 approv ed plan, the Community Development Director may approve the changed plan without requiring a new public hearing.

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PRELIMINARY CONDITIONS OF APPROVAL

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).

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 require ments 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 applic ant/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 installed and maintained in such a way to direct, control, and screen the lighting to preven t 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 applicant 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 Development.

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 demolition. If the location of the existing wall slated for demolition is wholly or partially upon an adjacent property, the applicant shall secure the p roperty owner(s) approval to demolish and replace the wall. The applicant will be responsible for any site repairs to walls damaged through demolition 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 across 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 project to the Community Development Department. Specifically, all Word document files, including tech nical 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 demonstrate that all pr oposed 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 screening 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 demonstrate 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 a nd 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 r esponsible 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 shall 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 Develo pment prior to the issuance of an occupancy permit for the affordable ADUs, and updated annually by the homeowner’s association on the anniversa ry 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 project conditions, that tenant shall be required to vacate the ADU subjec t 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 approve 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 a reas, 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 issuance, 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 monitoring 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 Cer tificate of 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 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.

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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 access points, north of th e 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 occ upancy, 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 locat ion 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 mains 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 betw een City water mains, laterals, services, meters, fire hydrants and all other utilities 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 the Water Division. The applicant may be required to enter into an agreement with the City of Orange, and post security in a form and amount acceptable to the City Engineer and/or Water Division to ensure construction of said improvements.

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 w ater improvement plans shall coordinate their plans with the consultant preparing the fire suppression plans and/or fire master plan so that their designs concur.

81. Plans submitted during plan check shall show that the minimum separation requirements a re 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 Cit y 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 provi ding 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 requir ed by the General Permit shall 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 issuance of building permits the applicant shall identify the location of the grease interceptor and provide evi dence 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 shall review the approved Water Quality Management Plan and ensure the proposed landscape plans are consistent with the project grading plans. The plans must show the proposed storm water treatme nt Best Management Practices such as bioretention planters, drywells, permeable pavers, and any other proposed surface water quality BMPs.

The Village District at Orange
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Orange City CouncilJune 5, 2024

Orange City Council
June 5, 2024