Agenda packet — Orange City Council, October 28, 2025 (part 2 of 2)

May 2023
107

Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.

APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following non- discrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of

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May 2023
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public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).

ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT:
(CONSULTANT)
(NAME) ,Project Manager
(ADDRESS)
LOCAL AGENCY:
(LOCAL AGENCY)
(NAME) , Contract Administrator
(ADDRESS)

ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.

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May 2023
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ARTICLE XXXV SIGNATURES
(Name of LOCAL AGENCY) (Name of CONSULTANT)
(Signature)
(Name of Signer)
(Signature)
(Name of Signer)
Date: Date:

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May 2023
110
Agenda Item
Orange City Council
Item #: 3.4. 10/28/2025 File #: 25-0577
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Adam Jevec, Chief of Police

1. SUBJECT
Agreement with the State of California, Department of Alcoholic Beverage Control for the Alcoholic Beverage Control/Office of Traffic Safety Grant Program from October 1, 2025, through August 31, 2026. Resolution No. 11641.

2. SUMMARY
Funding for the Alcoholic Beverage Control/Office of Traffic Safety Grant Program is being provided in the amount of $30,000 to develop an effective, comprehensive, and strategic approach to reducing underage drinking and the resultant driving injuries and fatalities.

3. RECOMMENDED ACTION

1. Approve the agreement with the State of California, Department of Alcoholic Beverage Control in the amount of $30,000 for the Alcoholic Beverage Control/Office of Traffic Safety Grant Program; and authorize the City Manager to execute on behalf of the City.

2. Adopt Resolution No. 11641. A Resolution of the City Council of the City of Orange accepting funds in the amount of $30,000 from the State of California, Department of Alcoholic Beverage Control for the ABC-OTS Grant Program, and authorizing the City Manager to execute all grant documents on behalf of the City.

3. Accept into the City’s General Fund (100) revenue budget $30,000 in grant funds from the State of California, Department of Alcoholic Beverage Control to:
100-4133-43299-264001 State-Other

4. Authorize the appropriation of $30,000 into the following expenditure accounts:
100-4133-51003-264001 Overtime - Safety $29,000
100-4133-57101-264001 Training/Conference/Meeting $ 1,000

4. FISCAL IMPACT
There is no direct fiscal impact to the City. The additional revenue received from the State of California, Department of Alcoholic Beverage Control will fund the expense for this program.

5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services
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6. DISCUSSION AND BACKGROUND
The Alcoholic Beverage Control/Office of Traffic Safety (ABC-OTS) Grant Program, administered by the Department of Alcoholic Beverage Control (ABC), provides financial support to public agencies and organizations for projects aimed at enhancing traffic safety, community engagement, or innovative transportation solutions. The program focuses on outcomes such as reducing traffic collisions, increasing awareness of safe driving practices, improving infrastructure safety, and supporting data-driven enforcement or educational initiatives.

The Orange Police Department submitted a grant proposal to the ABC office on September 12, 2025, which aims to reduce underage drinking, DUI injuries and fatalities, property damages, and youth access to alcoholic beverages through education and enforcement.

ABC has awarded the Orange Police Department a grant in the amount of $30,000 from October 1, 2025, through August 31, 2026, to support implementation of the ABC-OTS Grant Program initiatives listed below.
· Conduct two Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) operations to educate and eliminate alcohol-related crimes. · Conduct two minor decoy operations to combat the sale of alcoholic beverages to minors. · Conduct two shoulder tap operations to combat the distribution of alcohol to minors. · Conduct two holiday enforcement operations to improve safety during the holidays.

Grantees shall be reimbursed for direct overtime costs expended in support of this project.

Additionally, the grant requires a mandatory training session that covers operational requirements which is reimbursable.

The Orange Police Department will oversee project implementation, ensure timely reporting, and collaborate with the ABC district office to achieve performance outcomes. The allocation of the ABC- OTS Grant Program will ensure adequate funding through August 31, 2026.

7. ATTACHMENTS
· ABC Agreement No. 26-OTS114
· Resolution No. 11641
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Agenda Item
Orange City Council
Item #: 3.4. 10/28/2025 File #: 25-0577
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Adam Jevec, Chief of Police

3. RECOMMENDED ACTION

3. Accept into the City’s General Fund (100) revenue budget $30,000 in grant funds from the State of California, Department of Alcoholic Beverage Control to:
100-4133-43299-264001 State-Other

4. Authorize the appropriation of $30,000 into the following expenditure accounts:
100-4133-51003-264001 Overtime - Safety $29,000
100-4133-57101-264001 Training/Conference/Meeting $ 1,000

5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services
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Item #: 3.4. 10/28/2025 File #: 25-0577

Grantees shall be reimbursed for direct overtime costs expended in support of this project.

Additionally, the grant requires a mandatory training session that covers operational requirements which is reimbursable.

7. ATTACHMENTS
· ABC Agreement No. 26-OTS114
· Resolution No. 11641
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EXHIBIT A

SCOPE OF WORK

Purpose and Description of Services

Contractor agrees to implement the Department of Alcoholic Beverage Control programs as listed:

• Minor Decoy operations – designed to educate and deter licensed locations from selling/furnishing alcohol to minors and shall be conducted at both “On-Sale” and “Off-Sale” licensed establishments within the operations period of the grant.

• Shoulder Tap operations – used to detect and deter adult furnishers outside of a licensed business and shall be performed at “Off-Sale” licensed locations to apprehend adults that are unaffiliated with the licensed businesses who are purchasing alcohol for minors outside of the stores within the operation period of the grant.

• Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections – primary goal is to educate licensees on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant.

• Holiday Enforcement – This program consists of working general undercover and high-profile enforcement targeting underage drinking, sales/furnishing to minors, sales to obviously intoxicated patrons, and other related violations.

Holidays shall be defined as:
o Halloween – Friday, October 31 to Sunday, November 2, 2025 o Thanksgiving – Wednesday, November 26 to November 30, 2025 o New Year’s Eve – Wednesday, December 31, 2025
o St. Patrick’s Day – Friday, March 13 to Tuesday, March 17, 2026 o Cinco de Mayo – Friday, May 1 to Tuesday, May 5, 2026 o Memorial Day Weekend – Friday, May 22 to Monday, May 25, 2026 o 4
th of July – Friday, July 3 to Sunday, July 5, 2026

The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee, enforcement intervention and the impressions of omnipresence of law enforcement.

In addition, contractor agrees to the following goals:

• Raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys.

• Establish and implement a coordinated effort between contactor and ABC, and acknowledges no operations will be conducted until after the contractor’s representative has completed training conducted by ABC.

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• Issue press releases as follows:
o To announce the start of the program
o At the conclusion of each Minor Decoy Operation held (to announce the number of licensed premises who sold to the minor decoy).
o At the conclusion of each Shoulder Tap Operation held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy). o At the conclusion of each IMPACT operation held.

• Email each press release to the Department’s Public Information Office, [email protected] as soon as it is released.

• In all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project, funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration.”

• Complete and submit bi-monthly reports, in a format designed by ABC due no later than the following:
o On or before January 15, 2026 (with results of operations October, November & December 2025)
o On or before March 15, 2026 (with results of operations January & February 2026) o On or before May 15, 2026 (with results of operations March & April 2026) o On or before July 15, 2026 (with results of operations May & June 2026) o On or before September 15, 2026 (With results of operations July & August 2026)

• Submit an Executive Summary as part of the final report due on or before September 15, 2026.

The summary shall contain the following:
o An evaluation statement concerning the end product and cost benefits; and a listing of recommended and/or adopted policy or procedure changes, if any, occurring as a result of the project.
o Project personnel identifying the key personnel who worked on the project, together with their job classification, and a brief description of their contribution. o Problems – describe any operational or cost problems that were encountered in project implementation. If known, state alternative methods that would have avoided the problem and increased the effectiveness of the project.
o Results – describe the results of the project in terms of meeting the original objectives as stated in the project agreement. Also, describe the results in terms of how they will be specifically applied for future improvement of the agency’s continuing activities relating to alcohol problem prevention and enforcement. Where possible, describe estimated savings resulting from implementing project results.
o Disclaimer – The final report shall include the following: “The opinions, findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the State of California, Business, Consumer Services and Housing Agency, or the Department of Alcoholic Beverage Control.”
o Documentation – Attach any relevant documents developed. Examples are new or revised forms, diagrams, management reports, photos, coding manuals, instructional manuals, etc.

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Contract Term

The operation period of the grant is October 1, 2025 through August 31, 2026

Project Representatives

The project representatives during the term of this agreement will be:

Orange Police Department Alcoholic Beverage Control
Anthony Castaneda Diana Fouts-Guter, Grant Coordinator
1107 N. Batavia Street 3927 Lennane Drive, Suite 100
Orange, CA 92867 Sacramento, CA 95834
(714) 744-7560 (916) 928-9807
[email protected] [email protected]

Orange Police Department Alcoholic Beverage Control
Hilda Montoya Kristine Okino, Grant Fiscal Analyst
1107 N. Batavia Street 3927 Lennane Drive, Suite 100
Orange, CA 92867 Sacramento, CA 95834
(714) 744-7522 [email protected]
[email protected]

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EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

INVOICING AND PAYMENT

• For services satisfactorily rendered, and upon receipt and approval of services, Alcoholic Beverage Control agrees to compensate for approved reimbursable costs of personnel overtime and benefits (actual cost) and travel.

• Invoices shall clearly reference the agreement number 26-OTS114 and must not exceed the total authorized contract amount of $30,000. Invoices shall be submitted on a bi-monthly basis, on the prescribed form designed by ABC.

Submit to: Department of Alcoholic Beverage Control
Attn: Kristine Okino, Grants Fiscal Analyst
3927 Lennane Drive, Suite 100
Sacramento, CA 95834

• This grant is only for overtime compensation on approved operations and travel for training held on October 16, 2025 only.

• In accordance with State of CA travel policy, agencies are eligible to receive reimbursement for travel expenses incurred for training on October 16, 2025. https://www.calhr.ca.gov/about-calhr/divisions- programs/benefits/travel-reimbursements/

• Payment shall be made in arrears within 45 days from the receipt of an undisputed invoice.

• Contractor understands in order to eligible for reimbursement; cost must be incurred on or after the effective date of the project, October 1, 2025 and on or before the project termination date, August 31, 2026.

• Contractor understands any other costs incurred by contractor, other than attendance at initial training and/or personnel overtime and benefits as authorized above, in the performance of this agreement are the sole responsibility of contractor.

BUDGET CONTINGENCY CLAUSE

• It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this agreement does not appropriate sufficient funds for the program, this agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to contractor or to furnish any other considerations under this agreement and contractor shall not be obligated to perform any provisions of this agreement.

• If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this agreement with no liability occurring to the State, or offer an agreement amendment to contractor to reflect the reduced amount.

PROMPT PAYMENT CLAUSE

Payment will be made in accordance with, and within the time specified in, Government Code Chapter

4.5, commencing with Section 927.
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EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement.

Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 120

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12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135- 11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)

Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

a. The Government Code Chapter on Antitrust claims contains the following definitions:

1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.

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2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec.15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code),arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter ,the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to over charges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a)the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and

b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within 122

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such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.

Code § 14841.)

b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)

21. GENERATIVE AI DISCLOSURE OBLIGATIONS:
a. The following terms are in addition to the defined terms and shall apply to the Contract:

1) “Generative AI (GenAI)” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.)

b. Contractor shall immediately notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

c. Notification shall be provided to the State designee identified in this Contract.

d. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAI that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State.

e. If the use of previously undisclosed GenAI is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAI Special Provisions into the Contract, at no additional cost to the State.

f. The State, at its sole discretion, may consider Contractor’s failure to disclose or discontinue the provision or use of GenAI as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract.

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EXHIBIT D

SPECIAL TERMS AND CONDITIONS

Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the contractor.

The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State.

Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination.

Contractor Certifications: By signing this agreement, contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language

If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity.

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RESOLUTION NO. 11641

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE ACCEPTING FUNDS
IN THE AMOUNT OF $30,000 FROM THE

STATE OF CALIFORNIA, DEPARTMENT OF

ALCOHOLIC BE VERAGE CONTROL FOR

THE ABC -OTS GRANT PROGRAM , AND

AUTHORIZING TH E CITY MANAGER TO

EXECUTE ALL GRANT DOCUMENTS ON
BEHALF OF THE CITY.

WHEREAS, the California Department of Alcoholic Beverage Control (ABC) , in conjunction with the California Office of Traffic Safety (OTS), has awarded the City of Orange a grant in the amount of $30,000 through its ABC-OTS Grant Program; and

WHEREAS, the ABC-OTS Grant funds will be used for conducting police operations for the enforcement of alcoholic beverage laws related to the sale and procurement of alcoholic beverages by minors and providing educational opportunities for ABC licensees; and

WHEREAS, using the ABC-OTS Grant funds, the Orange Police Department will conduct at least two of each of the following: Minor Decoy Operations, Shoulder Tap Operations, IMPACT (Informed Merchants Preventing Alcohol -Related Crime Tendencies) Operations , and Holiday Enforcement Operations; and

WHEREAS, the ABC-OTS Grant funds received do not require matching funds of the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange does hereby:

1. Approve acceptance of funds from the State of California, Department of Alcoholic Beverage Control ABC-OTS Grant Program in the amount of $30,000; and

2. Approve the expenditure of the ABC -OTS Grant funds for the purposes set forth above; and

3. Authorize the City Manager to enter in a contract with the State regarding the Grant and execute any and all ABC-OTS Grant documents.

ADOPTED this ____ day of ____________________, 2025

Daniel R. Slater, Mayor, City of Orange
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2 ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Nathalie Adourian, City Attorney, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2 025 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
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Agenda Item
Orange City Council
Item #: 3.5. 10/28/2025 File #: 25-0593
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Leslie Hardy, Community & Library Services Director

1. SUBJECT
Appropriation of $41,702 in designated grant funding received from California Library Literacy Services.

2. SUMMARY
Grant funds from California Library Literacy Services will be used to enhance and expand the Library’s Adult Literacy Program.

3. RECOMMENDED ACTION

1. Accept into the City’s General Fund (100) revenue budget $41,702 in grant funds from California Library Literacy Services to:
100-2001-48101-262101-48 California Literacy Grant FY26

2. Authorize the appropriation of $41,702 to General Fund (100) as follows:
100-2101-53101-262101-20 Materials and Supplies $15,918 100-2101-59998-262101-10 Part-time Miscellaneous Salaries $25,784

4. FISCAL IMPACT
There is no direct fiscal impact to the City. The additional revenue received from California Library Literacy Services will fund the expense for these services.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance Public Communication Strategy and Quality of Life

6. DISCUSSION AND BACKGROUND
History
In Fall 2016, the Orange Public Library (Library) was awarded a $41,000 literacy grant by California Library Literacy Services (CLLS), a program of the California State Library, to establish a literacy program for adults. The goal of the Adult Literacy Program is to improve the reading skills of adult, English speaking community members through the recruitment and training of literacy tutors. A Library Literacy Coordinator was hired to oversee the program, and the first group of literacy City of Orange Printed on 10/23/2025Page 1 of 2
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Item #: 3.5. 10/28/2025 File #: 25-0593
volunteers was trained in Spring 2017 and subsequently matched with adult learners.

Orange Public Library has received the CLLS grant for the past ten years. Each year, the Adult Literacy Program has grown in the following ways:
· A Literacy collection of books and workbooks was established, and the Literacy Office, Reading Lab, and Study Room at the Orange Public Library & History Center were refreshed with new paint, computers, and furniture through partnerships with Public Works and IT. · A grant-funded Library Literacy Assistant position was introduced to provide much-needed support to the Literacy Coordinator and to expand the program further. · The program expanded to the El Modena and Taft Branch Libraries to allow tutor-learner pairs to use their local community library.
· Skill-building workshops, writing groups, and conversation sessions were added to the program, and tablets loaded with literacy, reading, and phonics-based apps were introduced to the Literacy collection.
· New state initiatives were added, including Career Online High School, where learners earn their diploma online at no cost, and Read & Grow Orange, a family literacy program that encourages learners to engage their entire family in educational activities to support their literacy journey.

Adult Literacy Program participants continue to be actively engaged with the program and each other.

Participants have developed their reading skills to help their children with homework, complete a job application, follow prescription medicine instructions, pass a citizenship test, get a driver’slicense, and vote. Currently, the program includes approximately 40 tutor-learner pairs. Since 2017, Literacy volunteers have served over 10,500 hours. The Library celebrates their accomplishments via an annual Volunteer Recognition event, where attendees enjoy refreshments, games, giveaways, and appreciation from their peers, other Library volunteers, and City staff. The community has also shown its appreciation through thousands of dollars in donations received from the Friends of the Orange Public Library, Orange Public Library Foundation, Orange North Rotary, and the Community Foundation of Orange.

The Orange Public Library has been awarded a $41,702 literacy grant for Fiscal Year 2025-2026 (FY25). CLLS continues to generously provide support to the Library to expand and enhance its Adult Literacy Program. Funds must be spent or encumbered by the end of FY26 and will be used for staffing, technology, program materials, and marketing.

7. ATTACHMENTS
· FY26 Library Literacy Grant Award Letter
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Agenda Item
Orange City Council
Item #: 3.5. 10/28/2025 File #: 25-0593
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Leslie Hardy, Community & Library Services Director

1. SUBJECT
Appropriation of $41,702 in designated grant funding received from California Library Literacy Services.

2. SUMMARY
Grant funds from California Library Literacy Services will be used to enhance and expand the Library’s Adult Literacy Program.

3. RECOMMENDED ACTION

1. Accept into the City’s General Fund (100) revenue budget $41,702 in grant funds from California Library Literacy Services to:
100-2001-48101-262101-48 California Literacy Grant FY26

2. Authorize the appropriation of $41,702 to General Fund (100) as follows:
100-2101-53101-262101-20 Materials and Supplies $15,918 100-2101-59998-262101-10 Part-time Miscellaneous Salaries $25,784

4. FISCAL IMPACT
There is no direct fiscal impact to the City. The additional revenue received from California Library Literacy Services will fund the expense for these services.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance Public Communication Strategy and Quality of Life

6. DISCUSSION AND BACKGROUND
History
In Fall 2016, the Orange Public Library (Library) was awarded a $41,000 literacy grant by California Library Literacy Services (CLLS), a program of the California State Library, to establish a literacy program for adults. The goal of the Adult Literacy Program is to improve the reading skills of adult, English speaking community members through the recruitment and training of literacy tutors. A Library Literacy Coordinator was hired to oversee the program, and the first group of literacy City of Orange Printed on 10/23/2025Page 1 of 2
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Item #: 3.5. 10/28/2025 File #: 25-0593
volunteers was trained in Spring 2017 and subsequently matched with adult learners.

Adult Literacy Program participants continue to be actively engaged with the program and each other.

7. ATTACHMENTS
· FY26 Library Literacy Grant Award Letter
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16 September 2025
Amy Harpster
Orange Public Library
407 E. Chapman Avenue
Orange, CA 92866
Dear Amy Harpster,
We are pleased to provide funds to support your California Library Literacy Services program and the important work that you, your staff, and your volunteers do in your community.

Your total award amount for the 2025-2026 fiscal year beginning July 1, 2025, is:
x Adult Literacy and Family Literacy Services: $41,702
x Total Award: $41,702
CLLS programs with Family Literacy Services will receive one award total, referred to as a “block grant,” for the 2025-2026 project period. Your library is responsible for allocating award funds between Adult Literacy Services and Family Literacy Services to respond to community needs and for adhering to the following requirements:
x At least 51 percent of the block grant award must be allocated to Adult Literacy Services.
x At least 26 percent of the block grant award must be allocated to Family Literacy Services.
x Programs who requested a fixed award for Family Literacy Services may adjust their request by +/- 25 percent. Contact your state team for support.

The block grant model does not apply to English as a Second Language Services funds for the 2025-2026 project period.

Your award will be claimed in two stages. The claim form included in this award packet will allow you to request the first 90% of your total award:
x Total Initial Award Amount: $37,532
Information about claiming the rest of your award is included in the payment schedule at the end of your award packet.

You must encumber your funds by June 30, 2026. You must fully expend funds by September 30, 2026, or by the final report due date, in accordance with your approved Docusign Envelope ID: B676537F-7A5B-4A60-9DCC-BBB655102EF3 131217
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W͘K͘ŽǆϵϰϮϴϯϳ ĐƐůͲĂĚŵΛůŝďƌĂƌǇ͘ĐĂ͘ŐŽǀ
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budget on file with the State Library. Encumbered funds are those that have been deposited in the grantee’s accounting system and for which a budget has been provided to and approved by the State Library.

Review the California Library Literacy Services Allowable and Unallowable Expenses guidelines to ensure project expenditures are consistent with the California Library Literacy Services allowable expenses. If you have questions about expenses or expending award funds, contact Allyson Jeffredo at [email protected].

We strongly encourage your program staff to develop and maintain community partners to strengthen your program, attend regular regional library literacy network meetings, participate in your local Adult Education Consortium/a, and participate in library literacy training opportunities offered by the regional networks and the State Library to meet the California Library Literacy Services Mission, Values, and Program Essentials. Additional California Library Literacy Services resources can be found on the California Library Literacy Services website.

The payment process begins when we receive your completed and signed claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance included in this packet. All forms should be completed and signed through Docusign to be processed for payment.

Our library literacy staff are available to assist you throughout the year. Contact your Program Consultant Julianna Robbins and your Grant Monitor Allyson Jeffredo at [email protected] with any questions.

Thank you for your willingness to do so much for those in your community. Best wishes for a successful year.

Respectfully yours,
Greg Lucas
California State Librarian
Cc: Julianna Robbins, [email protected]
Allyson Jeffredo, [email protected]
State Library Fiscal Office, [email protected] Ellen Mulvihill, [email protected]
Enc: Re: CLLS25-56: Claim form, certificatio n form, and State Funded Grants Award Agreement and Certificate of Compliance
Docusign Envelope ID: B676537F-7A5B-4A60-9DCC-BBB655102EF3 10/9/2025
132218
Agenda Item
Orange City Council
Item #: 5.3. 10/28/2025 File #: 25-0612
TO: Honorable Mayor and Members of the City Council
FROM: Councilmember Arianna Barrios, District 1
Councilmember Ana Gutierrez, District 5

1. SUBJECT
Historic Preservation Ordinance (Barrios & Gutierrez)

2. SUMMARY
The attached draft ordinance submitted by the Old Towne Preservation Association and Orange Legacy Association is being provided for discussion only.

3. ATTACHMENTS
· Draft Historic Preservation Ordinance
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CITY OF ORANGE

HISTORIC AND CULTURAL RESOURCES PRESERVATION ORDINANCE
§ 9.56.010. Title.
101-This Chapter shall be known as the Historic and Cultural Resources Preservation Ordinance of the City of Orange, California.
§ 9.56.020. Enabling Authority.
015-California Government Code §§ 66850 and 37361 enable municipal legislative .bodies to “provide for places, buildings, structures, works of art, and other objects, having a special character or special historic, cultural, or aesthetic interest or value, special conditions or regulations for their protection, enhancement, perpetuation, or use that may include appropriate and reasonable control of the use or appearance of neighboring private property, or both.” § 9.56.030. Purpose.
020-It is hereby declared as a matter of public policy that the purpose of this Chapter is to promote the public health, safety and general welfare by establishing such procedures and providing such regulations as are deemed necessary to:

A. Protect properties and areas that represent elements of the city's cultural, social, economic, political and architectural history.

B. Safeguard the city's historic, aesthetic and cultural heritage as embodied and reflected in such properties and areas.

C. Foster civic pride in the beauty and noble accomplishments of the past.

D. Protect and enhance the city's aesthetic and historic attractions to residents, tourists, visitors, and others, thereby serving as a stimulus and support to business and industry.

E. Promote the use of Landmarks, Historic Resources, and Historic Districts for the education, pleasure, and welfare of the people of this city.
§ 9.56.040. Definitions.
030-As used in this Chapter, the following words and phrases shall have the meaning set forth herein, unless it is apparent from the context that a different meaning is intended:

Alteration. Any act or process that modifies a historic and cultural resource that either:
1) Materially alters the resource or any of its Character-defining Features, requires a building or other permit or certificate, and/or changes one or more of the features of a landscape or structure including, without limitation, the setting of the resource or the construction, reconstruction, or relocation of any structure or any part of the structure; or 2) Significantly changes the setting and/or Character-defining Feature of a landscape or exterior of a structure that relates to its status as a historic resource or contributing resource.

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California Historic Building Code (or CHBC; also known as the STATE HISTORICAL BUILDING CODE, or SHBC). As codified in Part 8, Title 24 of the State Building Standards Code shall apply to all qualified cultural resources designated or included in an adopted inventory per federal, state, or local authority. The CHBC provides alternative, performance-based building and zoning regulations to allow for upgrades, changes to, and ongoing use of historically significant properties that preserve their historic integrity.

Certificate of Appropriateness. A certificate granted to a property owner or applicant approving plans, specifications, and/or statements of work involving any proposed alteration, restoration, rehabilitation, construction, removal, relation, or demolition, in whole or in part relating to a Historic Resource or structure or object within a Historic District. The Heritage Commission has the authority to issue said certificates for projects it reviews. For projects exempt from Heritage Commission review, the Director or their designee has the authority to issue.

Certificate of Completion. A certificate issued to a property owner or applicant that work pursuant to a Certificate of Appropriateness has been carried out according to the Certificate of Appropriateness, Secretary of Interior Standards, and all applicable city regulations.

Character-defining Feature . The physical elements and characteristics of a historic and cultural resource convey the significance of a resource. Character-defining Features can include, but are not limited to, a property’s setting and site plan, overall form and massing, architectural style, materials, finishes, and decorative detailing, as well as relationship to neighboring properties, planning features, hardscaping and landscaping, and interior features.

City-designated Resourc e. Any existing building, structure, natural feature, or object that is designated by the City as a Landmark, Historic Resource, or a Contributing Resource to a Historic District.

Contributing Resource. A structure or object that has been identified as one that contributes to the designation of an area as a Historic District.

Commission. The Heritage Commission.

Demolition. Any act or process that destroys, in whole or in part, a building, structure, object, or site or permanently impairs its structural integrity and that is not in conformance with the Secretary of Interior Standards.

Demolition by Neglect. The process by which a resource is allowed to deteriorate over a period of time as a result of lack of maintenance, failure to secure the property, and/or failure to take reasonable measures to prevent intrusion of water or weather through the roof, walls, or openings, leading to substantial deterioration and/or structural failure to the extent that the structure constitutes a threat to public health and safety.

Department. The Department of Community Development.

Director. The Director of the Community Development Department or their designee.

Exterior Features . The architectural style, design, general arrangement, components and natural features or all of the outer surfaces of a property, including, but not limited to, the kind, color and texture of the building material, the type and style of all windows, doors, lights, signs, walls, fences and other fixtures appurtenant to such property, and the natural form and appearance of, O RANGE H ISTORIC AND C ULTURAL R ESOURCES P RESERVATION O RDINANCE 2025-08-21 P AGE 2 Draft
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but not by way of limitation, any grade, rock, body of water, stream, tree, plant, shrub, road, path, walkway, plaza, fountain, sculpture or other form of natural or artificial landscaping.

Historic and Cultural Resource: Any object, building, structure, site, area, place, record, natural feature, or work of art that is historically or archaeologically significant, or is significant in the architectural, engineering, economic, agricultural, educational, social, political, military, or cultural annals of the city, state, or nation in the Inventory found to be of significance or potentially significant.

Historic Context . The broad patterns of historical development of a community or region that are represented by the physical development and character of the built environment. Contexts typically are based on one or more themes, a geographical area, and periods of significance.

They also identify important associated property types and establish eligibility criteria and integrity thresholds.

Historic District. Any geographic area or noncontiguous grouping of thematically related properties that the City Council has designated as and determined to be appropriate for historical preservation pursuant to the provisions of this Chapter.

Historic Integrity. The authenticity of a resource’s historic identity. Properties with Historic Integrity are those properties that retain enough of their materials, features, and characteristics from their period of significance that they continue to convey the reasons for their significance.

As defined by the National Park Service and in accordance with the accepted standards of professional preservation practice, Historic Integrity is the composite of seven aspects of integrity: location, design, setting, materials, workmanship, feeling, and association although not all seven are required to be present. Historic Integrity is the same as condition; a deteriorated property may still retain Historic Integrity.

Historic Resource Evaluation. An in-depth study of a property to determine its eligibility as a federal, state, or local resource. A Historic Resource Evaluation generally results in a report including detailed, property-specific information that can include ownership/occupant history, historic context and themes of significance, Character-defining Features as well as building type, dates of construction, architectural style, description of other design aspects, materials, and setting, approximate dates of exterior alterations, physical condition, and historic integrity analysis.

Inventory . The city’s official list of properties, structures, objects, sites, cultural landscapes, or heritage trees surveyed or assessed for their potential historic and/or historic value.

Landmark. Any resource[s] that has been designated as and determined to be appropriate for historical preservation by the Heritage Commission, or by the City Council on appeal, pursuant to the provisions of this Chapter.

Landmark Parcel . Any portion of real property, the location and boundaries as defined and described by the Heritage Commission, upon which a Landmark is situated, that is determined by the Heritage Commission as requiring control and regulation to preserve, maintain, protect or safeguard the Landmark.

Property. Any location, building, structure, place, site, work of art, landscape feature, plant life, lifeform, scenic condition, or other object of historic or potentially historic significance.

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Secretary of Interior Standards. The Secretary of the Interior Standards for Treatment of Historic Properties published by the U.S. Department of the Interior found at 36 C.F.R. Section

68.3 as it may be amended from time to time.

Historic Resource. Any object, building, structure, site, area, place, record, natural feature, or work of art that has been designated by the Heritage Commission as is historically significant based on formalized criteria, such as: inclusion in the National Register of Historic Places with status codes 1 through 6 and 7N; a minimum of 50 years of age; constitutes a unique or rare example of an architectural design, detail or historical type, etc.

Survey. A neighborhood- or citywide survey to identify potentially historic resources, including buildings, structures, objects, sites, historic districts, planning features, public art, and natural features. Surveys produce information about each resource such as building type, dates of construction, architectural style, description of other design aspects, materials, setting, approximate dates of exterior alterations, physical condition, and notes on historic integrity and historic significance.
result in an inventory of properties that are potentially eligible for federal, state, or local designation.
§ 9.56.050. Orange Inventory of Cultural and Historic Resources.

A. The Inventory shall comprise all surveyed properties, structures, objects, and natural features along with status codes as defined by the California Historical Resource Status Codes.

B. Newly completed surveys, including updated surveys, shall be approved by the Heritage Commission and to be deemed part of the Inventory.

C. To ensure the city’s proactive identification and treatment of historic and cultural resources, and consistent with the intent of California Public Resources Code § 5024.1.g(4), the Inventory shall be reviewed every five years at a minimum by the Heritage Commission and periodically updated through historic resource surveys.

D. In accordance with California Code of Regulations Title 14, Chapter 3, § 15064.5(a)(2), properties found to be historic or potentially historic shall be considered historic resources for the purposes of California Environmental Quality Act (CEQA).

E. A current iteration of the Inventory shall be readily available to the public on the city’s website and shall be included in the city’s GIS database. § 9.56.060. Historic Resources.

A. For the purposes of this Chapter, a building, structure, object, natural feature, or work of art shall be designated a Historic Resource if the Heritage Commission determines that it has one of the following characteristics:
a) The property has been surveyed and assigned a California Historic Resource Status Code denoting historic or potentially historic significance. b) The property is a minimum of 50 years of age and meets one of the following criteria:
i) The property is a unique or rare example of an architectural design, detail or historical type.

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ii) The property is representative of a style that is no longer prevalent in the city. iii) The property is or was once associated or identified with the lives of personages or groups important to local, state, or national history.
iv) The property contributes to a potential Historic District. c) The property retains integrity from its period of significance. A Historic Resource need not retain all seven aspects of historic integrity (location, design, setting, materials, workmanship, feeling, and association), but it must retain sufficient integrity to convey the reasons for its cultural, architectural, social, historical, economic, and/or political significance.

B. Neither deferred maintenance of a property nor its dilapidated condition shall, on its own, be equated with a loss of integrity. Integrity shall be judged with reference to the particular characteristics that support the property’s eligibility under the appropriate criteria and theme of significance.
§ 9.56.070. Orange Register of Landmarks.

A. The Orange Register of Landmarks is hereby established. It shall include all locally designated historic and cultural resources that meet the criteria and procedure herein, as well as properties designated on the National Register of Historic Places and the California Register of Historic Resources.

B. The designation of a historic and cultural resource shall run with the land and shall not be affected by a change in property ownership.

C. Any person may request the designation or de-designation of a Landmark by filing a complete application for such designation with the Department on a form furnished by the Department. Additionally, the Commission may file an application for the designation or de-designation of a Landmark on its own motion. The property owner of the subject property shall be notified of the filing of a Landmark designation application.

D. The Commission may recommend Landmark designation if the property, site, building, structure, work of art, cultural landscape, or natural feature meets the requirements described in divisions a) and b) below:
a) The proposed Landmark meets one of the following criteria:
i) It exemplifies, symbolizes, or manifests elements of the cultural, social, economic, political or architectural history of the city.
ii) It has aesthetic or artistic interest or value, or other noteworthy interest or value. iii) It is identified with historic personages or with important events in local, state or national history.
iv) It embodies distinguishing architectural characteristics valuable to a study of a period, style, method of construction, or the use of indigenous materials or craftsmanship, or is a unique or rare example of an architectural design, detail or historical type valuable to such a study.

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v) It is a significant or a representative example of the work or product of a notable builder, designer, or architect.
vi) It has a unique location, a singular physical characteristic, or is an established and familiar visual feature of a neighborhood, community, or the city. b) The proposed Landmark retains integrity from its period of significance, as determined by a qualified architectural historian or historian. A proposed Landmark need not retain all seven aspects of historic integrity (location, design, setting, materials, workmanship, feeling, and association), but it must retain sufficient integrity to convey the reasons for its cultural, architectural, social, historical, economic, and political significance.

E. Neither the deferred maintenance of a proposed Landmark nor its dilapidated condition shall, on its own, be equated with a loss of integrity. Integrity shall be judged with reference to the particular characteristics that support the property’s eligibility under the appropriate criteria and theme of significance.

F. Concurrent with the decision rendered, the Commission shall approve a resolution of official actions that shall include:
a) A statement of the applicable criteria and standards against which the application for designation was assessed.
b) A statement of the facts found which establish compliance or noncompliance with each applicable criteria and standards.
c) The reasons for a determination to approve or deny the application. d) The decision to deny or to approve with or without conditions and subject to compliance with applicable standards.

G. For purposes of this Chapter, the City Council may approve Landmark designation of a site, structure, property, natural feature, or object upon recommendation by the Heritage Commission, or upon appeal of a negative recommendation by the Heritage Commission.

The City Council may not approve Landmark designation if the property owner objects.

H. The Commission may recommend recission of Landmark designation if the property, site, building, structure, work of art, cultural landscape, or natural feature fails to meet the requirements described in divisions a) and b) above.

I. Subject to other provisions of this Section and Section 9.56.120 of this Chapter, a decision of the City Council to designate a Landmark shall be in full force and effect from and after the date of the rendering of such decision by the City Council.

J. Upon the filing of an application for designation of a site, building, structure, object, natural feature or work of art as a Landmark, any alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to a proposed Landmark is prohibited except for objects specifically excluded from the designation as a Historic Resource. No permit shall be issued by any City Department, board or commission, including, but not limited to, a conditional use permit, a tentative tract map or tentative parcel map permit, a development review permit, Certificate of Appropriateness permit, or building permit, that would authorize any such alteration, restoration, construction, removal, relocation or O RANGE H ISTORIC AND C ULTURAL R ESOURCES P RESERVATION O RDINANCE 2025-08-21 P AGE 6 Draft
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demolition until a final determination on the application is rendered by the Commission, or the City Council on appeal.

K. In order to ensure that owners, residents, potential owners, and city staff are aware of the status of historic and cultural resources in the city, a current listing of the Register shall be readily available to the public on the city’s website and shall be included in the city’s GIS database. Additions and modifications to the Register shall be reported to the California Historic Resources Information System.
§ 9.56.080. Historic Districts.

A. For purposes of this Chapter, a geographic area or a noncontiguous grouping of thematically related properties may be designated a Historic District if it meets one or more of the following criteria:
a) It exemplifies, symbolizes, or manifests elements of the cultural, social, economic, political, or architectural history of the city.
b) It is identified with historic personages or with important events in local, state, or national history.
c) It embodies distinguishing architectural characteristics valuable to the study of a period, style, method of construction, or the use of indigenous materials or craftmanship, or is a unique or rare example of an architectural design, detail, or historical type valuable for such a study.
d) It has a unique location, a singular physical characteristic, or is an established and familiar visual feature of a neighborhood, community, or the city. e) It is a noncontiguous grouping of thematically related properties or a definable area possessing a concentration of historic, scenic or thematic sites, which contribute to each other and are unified aesthetically by plan, physical development or architectural quality. f) It reflects significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of park or community planning.
g) That a majority of the buildings and structures within the boundaries of the historic district be identified as contributors to the historic district.

B. Historic Districts shall be designated by the City Council in accordance with the following procedure:
a) Any person may request the designation of an area as a Historic District by properly filing with the Director of Planning an application for such designation on a form furnished by the Planning Department. Additionally, the Heritage Commission may file an application for the designation of a Historic District on its own motion. b) Upon determination by city staff that an application for designation of an Historic District is complete, any alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to a building or structure within a proposed Historic District is prohibited, and no permit issued by any city department, board or commission including O RANGE H ISTORIC AND C ULTURAL R ESOURCES P RESERVATION O RDINANCE 2025-08-21 P AGE 7 Draft
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a conditional use permit, a tentative tract map or parcel map permit, a final tract map or parcel map permit, a development review permit, any zoning conformance approval, or building permit authorizing any such alteration, restoration, construction, removal, relocation or demolition shall be granted while a public hearing or any appeal related thereto is pending.
c) Any person subject to subsection b) of this Section may apply to the Director, and to the Heritage Commission, on appeal, for an exception. Exceptions may be granted for repairs or alterations that do not involve any detrimental change or modification to the exterior of the structure in question or for actions that are necessary to remedy emergency conditions determined to be dangerous to life, health or property.

C. At the conclusion of a public hearing, or any continuation thereof, the Commission shall recommend to the City Council the approval, in whole or in part, or disapproval of the application for the designation of a Historic District, and shall forward such recommendation to the City Council in a resolution stating the findings of fact and reasons relied upon in reaching such a recommendation.

D. The City Council shall by ordinance have the power, after a public hearing, whether at the time it renders a decision to designate a Historic District or at any time thereafter, to specify the nature of any alteration, restoration, construction, removal, relocation or demolition of or to a building or structure within a Historic District that may be performed without the prior issuance of a Certificate of Appropriateness pursuant to this Chapter. The City Council shall by ordinance also have the power after a public hearing to amend, modify or rescind any specification made pursuant to the provisions of this subsection.

E. Upon the rendering of such decision to designate a Historic District, the owners of all real property within the designated Historic District shall be given written notification of such designation by the City Council, using for this purpose the names and addresses of such owners as are shown in the records of the Orange County Assessor.

F. Subject to other provisions of this Section 9.56.080, a decision of the City Council to designate a Historic District shall be in full force and effect from and after the effective date of the ordinance approving, in whole or in part, the application for the designation of a Historic District.

G. The City Council shall by ordinance have the power, after a public hearing, to amend, modify or rescind any decision to designate a Historic District and to make any preliminary or supplemental designations, determinations, or decisions, as additions thereto. The Commission shall have the power to forward the recommendations of the Commission to the City Council on its own motion or at the direction of the City Council.

H. Whenever an application for the designation of a Historic District has been disapproved or deemed disapproved by the Commission or the City Council, no application that contains the same or substantially the same information as the one that has been disapproved shall be resubmitted to or reconsidered by the Commission or City Council within a period of 5 years from the effective date of the final action upon such prior application. However, if significant new information is available, the City Council, upon recommendation from the Heritage Commission, may waive the time limit by resolution and permit a new application to be filed.

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In addition, an application of all owners of the majority of parcels within the subject area proposed for Historic District designation, may be resubmitted or reconsidered notwithstanding said 5-year time period.

I. Neither deferred maintenance within a proposed Historic District nor the dilapidated condition of its constituent buildings and landscapes shall, on their own, be equated with a loss of integrity. Integrity shall be judged with reference to the particular characteristics that support the district’s eligibility under the appropriate criteria and theme of significance.

J. Upon approval of Historic Districts, the boundaries and identification of contributing structures, sites, and objects shall be readily available to the public on the city’s website and shall be included in the city’s GIS database. Additions and modifications to the list of Historic Resources shall be reported to the California Historic Resources Information System.
§ 9.56.090. Heritage Commission.

A Heritage Commission is hereby established which shall consist of five members appointed by the City Council, all of whom shall reside or work in the city and be over eighteen years of age.

Of the members, at least one shall be a registered architect, at least one shall be a person with demonstrated interest and knowledge, to the highest extent practicable, of local history, and at least one shall have a graduate degree in architectural history or related field or have demonstrated interest, knowledge and practical or professional experience to the highest extent practicable of architectural history. The Director, or their designated representative, shall act as the Secretary of the Commission and shall maintain a record of all resolutions, proceedings, and actions of the Commission.

A. In the event of a vacancy occurring during the term of a member of the Heritage Commission, the City Council shall make an interim appointment to fill the unexpired term of such member, and where such member is required to have special qualifications pursuant to Section 9.56.040, such vacancy shall be filled by interim appointment with a person possessing such qualifications.

B. Powers: In addition to any other powers set forth in this Chapter or in the Zoning Ordinance, the Heritage Commission shall have the power to:

A. Act in an advisory capacity to the city in all matters pertaining to historic and cultural resource management and historic preservation in the city.

B. Approve additions and updates to the city’s Inventory, make recommendations to the City Council on the designation of Landmarks and Historic Districts, and make any preliminary or supplemental designations, determinations or decisions, as additions thereto, in order to effectuate the purposes of this Chapter.

C. Approve, approve with conditions, or deny in whole or in part applications for the alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to a Historic Resource, a Landmark, or of or to properties within a Historic District including infill, new construction, demolitions, and additions except for de minimis projects as specified in the Zoning Code.

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D. Make any preliminary or supplemental designations, determinations, decisions, as additions thereto, in order to effectuate the purposes of this Chapter.

E. Adopt, promulgate, amend, and rescind, from time to time, such rules and regulations as it may deem necessary to effectuate the purposes of this Chapter.

F. Act in an advisory capacity and provide recommendations to the city for protection, enhancement, appreciation, and use of properties of cultural, historical, architectural, community, or aesthetic value that have not been designated as cultural and historic resources but are deserving of recognition.

G. Act in an advisory capacity and make recommendations to the City Council on priorities for historic resource surveys and assessments.

H. Certify and/or ratify applicable environmental documents, or when acting in an advisory capacity only, recommend certification or ratification of environmental documents, in accordance with the California Environmental Quality Act (CEQA) or the National Environmental Policy Act.

I. Evaluate and comment upon proposals and environmental reviews pending before other public agencies affecting the physical development, historic preservation and urban design in the city.
§ 9.56.100. Certificate of Appropriateness and Certificate of Completion.

A. Unless a Certificate of Appropriateness has been issued or unless an express exemption specifically applies, any alteration, restoration, construction, removal, relocation, or demolition, in whole or in part, of or to a Historic Resource, Landmark, or of or to a property or object within a Historic District is prohibited, and no permit authorizing any such alteration, restoration, construction, removal, relocation or demolition shall be granted by any Department of the city. Certificates of Appropriateness shall be issued by the Heritage Commission, or by the City Council upon appeal, or by the Director for those de minimis properties exempt from Heritage Commission review.

B. For purposes of this Chapter, the Director, the Heritage Commission, or the City Council on appeal, shall issue a Certificate of Appropriateness for any proposed alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to a Historic Resource, Landmark, to any building, structure or object within a Historic District if it makes a determination in accordance with any one or more of the following criteria. a) The proposed work would not detrimentally change, destroy, or adversely affect any exterior feature of the resource upon which such work is to be done. b) The proposed work would not be incompatible with the exterior features of other properties within the Historic District, not adversely affect the character of the Historic District for which such Historic District was designated, or not be inconsistent with such further standards as may be embodied in the ordinance designating such Historic District.

For any proposed work to any building or structure whose exterior features are not already compatible with the exterior features of other properties within the Historic O RANGE H ISTORIC AND C ULTURAL R ESOURCES P RESERVATION O RDINANCE 2025-08-21 P AGE 10 Draft
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District, reasonable effort shall be made to produce compatibility, and in no event shall there be a greater deviation from compatibility.
c) The exterior features of such new property would not adversely affect and not be disharmonious with the exterior features of other historic resources situated upon such Landmark Parcel.

C. A Certificate of Appropriateness may be issued subject to the making all the following findings:
a) That the structure does not embody distinguishing architectural characteristics valuable to a study of a period, style, method of construction or the use of indigenous materials or craftsmanship and does not display such aesthetic or artistic quality that it would not reasonably meet the criteria for designation as one of the following: National Historic Landmark, National Register of Historic Places, California Registered Historical Landmark, or California Point of Historical Interest.
b) That the conversion of the structure into a new use permitted by right under current zoning or with a conditional use permit, rehabilitation, or some other alternative for preserving the structure, including relocation within the city, is not feasible. c) The proposed work conforms with The Secretary of Interior's Standards.

B. The proposed work would not detrimentally change, destroy or adversely affect any interior feature of the resource.

C. In an effort to agree to a means of historically preserving a Historic Resource proposed for demolition:
a) During a 180-day period commencing from proper filing of an application for a Certificate of Appropriateness, the city may negotiate with the owner of a Historic Resource, or with any other parties, in an effort to agree to a means of historically preserving the designated property. The negotiations may include, but are not limited to, acquisition by gift, purchase, exchange, condemnation, or otherwise of the Historic Resource.
b) Notwithstanding any of the foregoing, the Commission shall have the power to extend the required 180-day period to a duration not to exceed a 360-day period in any case where the Commission determines that such an extension is necessary or appropriate for the continued historical preservation of a Historic Resource.

D. Notwithstanding subsection (C) of this Section, a Historic Resource shall not be demolished in contravention of a recorded deed restriction.

E. Once a Certificate of Appropriateness has been issued, work may proceed subject to any other permits or approvals needed. Upon verification that the work has been completed in accordance with the Certificate of Appropriateness and The Secretary of Interior’s Standards, a Certificate of Completion shall be issued and any related permits may be finaled.

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§ 9.56.110. Certificate of Appropriateness and Certificate of Completion Extensions.

The Heritage Commission Secretary may extend the time period for exercising a Certificate of Appropriateness as provided for in Section 9.56.110, Extensions, upon such terms and conditions as the Secretary deems appropriate consistent with the original approval and Section 9.56.110 if the development standards relevant to the project have not changed since project approval. An extended Certificate of Appropriateness shall expire if the work authorized thereby is not commenced by the end of the extension period. Except as otherwise provided for in this Section, all provisions of this Code applicable to a Certificate of Appropriateness shall apply to an extended Certificate of Appropriateness.
§ 9.56.120. Appeals.

An appeal to the City Council of an action of the Heritage Commission shall be processed in accordance with the following procedure:

A. Each of the following actions by the Commission may be appealed to the City Council:
a) Any decision relating to an application for the designation of a Landmark. b) Any decision defining and describing a Landmark Parcel upon which a Landmark is situated.
c) Any decision amending, modifying, or rescinding any decision to designate a Landmark, or any preliminary or supplemental designations, determinations, or decisions, as additions thereto.
d) Any decision relating to an application for a Certificate of Appropriateness. e) Any decision relating to a Historic Resource.
f) The approval or disapproval of an application of a Landmark, Historic District, Historic Resource, or Certificate of Appropriateness that occurred as a result of the expiration of the required time periods for processing such applications.

B. Any person may appeal a determination or decision of the Commission by filing a notice of appeal with the Department on a form furnished by the Department. Such notice of appeal shall be filed within seven consecutive days commencing from the date that such final determination or decision is made by the Commission or from the date an application is deemed approved or disapproved because of the failure to comply with any time period set forth in this Chapter. Notwithstanding any of the foregoing, any member of the Commission or City Council may request a review by the Commission or City Council of any determination or decision of the Commission without the accompaniment of such fee in the amount required by law. Once an appeal is filed, the review is de novo, and the City Council may review and take action on all determinations, interpretations, decisions, judgments, or similar actions taken that were in the purview of the original hearing body on the application or project and is not limited to only the original reason stated for the appeal.

C. The City Council shall schedule a public hearing to be held within 45 days after the notice of appeal is properly filed with the Department. The owner of the property may agree to extend O RANGE H ISTORIC AND C ULTURAL R ESOURCES P RESERVATION O RDINANCE 2025-08-21 P AGE 12 Draft
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the time period for the City Council to hold and conclude the public hearing on the application.

D. Notice.
a) Notice of the date, time, place and purpose of a public hearing on an appeal shall be given by the Director by at least one publication in a daily newspaper of general circulation, and shall be mailed to:
i) The appellant;
ii) The owner of the Historic Resource or Landmark in the case of any action regarding either;
iii) The owners of all real property within the Historic District in the case of any action regarding an entire Historic District;
iv) The owners of all real property within 300 feet of the exterior boundaries of the lot or lots on which a Historic Resource or Landmark is located in the case of any action regarding either;
v) The owners all real property within 300 feet of the exterior boundaries of the Historic District in the case of any action regarding an entire Historic District; vi) The owners of all real property within 300 feet of the exterior boundaries of the lots or lots on which a building or structure is located in the case of any action regarding a building or structure within a Historic District.
b) The names and addresses of such owners as are shown on the records of the Orange County Assessor shall be used for providing this notification. The failure to send notice by mail to any such real property where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The Commission or the City Council may also give such other notice as it may deem desirable and practicable.

E. At the conclusion of the public hearing, or any continuation thereof, the City Council shall render its decision on the notice of appeal and shall approve, in whole or in part, or disapprove the prior determination or decision of the Commission. The City Council decision shall be in full force and effect from and after the date such decision is made. The owner of the property may agree to extend the time period for the City Council to hold and conclude the public hearing on the application.

F. Within 30 days after the decision has been made, the City Council shall approve a statement of official action that shall include:
a) A statement of the applicable criteria and standards against which the application for designation was assessed.
b) A statement of the facts found which establish compliance or noncompliance with each applicable criteria and standards.
c) The reasons for a determination to approve or deny the application.

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d) The decision to deny or to approve with or without conditions and subject to compliance with applicable standards.

G. The appellant and the owner of the Historic Resource or Landmark in the case of a decision regarding either, the owners of all real property within the Historic District in the case of a decision regarding an entire Historic District, or the owner of a building or structure in the case of a building or structure within a Historic District shall be provided a copy of the statement of official action, using for this purpose the names and addresses of such owners as are shown in the records of the Orange County Assessor. § 9.56.130. Maintenance and Repair.

A. Every owner, or person in charge, of a Landmark, a Historic Resource protected by a deed restriction, or of a building or structure within a Historic District, shall have the duty of keeping in good repair all of the exterior features of such resources, and all interior features thereof that, if not so maintained, may cause or tend to cause the exterior features of such resource to deteriorate, decay, or become damaged, or otherwise to fall into a state of disrepair. All designated buildings or structures shall be preserved against such decay and be kept free from structural defects through the prompt repair of any of the following:
a) Facades that may fall and injure members of the public or a property. b) Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports. c) Members of ceilings, roofs, ceiling and roof supports or other horizontal members that age, split or buckle due to defective material or deterioration. d) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors.
e) Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering. f) Any fault or defect in the building that renders it not properly watertight or structurally unsafe.

B. This Section shall be in addition to any and all other provisions of law requiring such Landmark, Historic Resource, or structure or object within a Historic District to be kept in good repair.
§ 9.56.140. Unsafe or Dangerous Conditions.

Nothing contained in this Chapter shall prohibit the making of any necessary alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to a Landmark , Historic Resource, or of or to a structure or object within a Historic District pursuant to a valid order of any governmental agency or pursuant to a valid court judgment, for the purpose of remedying emergency conditions determined to be dangerous to life, health or property. A copy of such valid order of any governmental agency or such valid court judgment shall be filed with the Director and in such cases, no Certificate of Appropriateness from the Heritage Commission shall be required.

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§ 9.56.150. Ordinary Maintenance.

Nothing contained in this Chapter shall be construed to prevent ordinary maintenance or repair of any exterior features of a Historic Resource, Landmark, property within a Historic District, or property protected by a deed restriction that does not involve any detrimental change or modification of such exterior features. In such cases, the work must be approved by the Director or Heritage Commission, as applicable, and a Certificate of Appropriateness issued unless exempted. The administrative determination is appealable to the Heritage Commission and shall be filed and processed in the same manner as a Certificate of Appropriateness. Examples of this work shall include, but not be limited to, the following:

C. Construction, demolition or alteration of side and rear yard fences.

D. Construction, demolition or alteration of front yard fences, if no change in appearance occurs.

E. Repairing or repaving of flat concrete work in the side and rear yards.

F. Repaving of existing front yard paving, concrete work, and walkways, if the same material in appearance as existing is used.

G. Roofing work, if no change in appearance occurs.

H. Foundation work, if no change in appearance occurs.

I. Chimney work, if no change in appearance occurs.

J. Landscaping, unless the Landmark designation specifically identifies the landscape layout, features, or elements as having particular historical, architectural, or cultural merit. § 9.56.160. Public Spaces.

For purposes of this Chapter, any interior space regularly open to the general public, including, but not limited to, a lobby area may be included in the Landmark designation of a structure or structures if the Heritage Commission, or the City Council upon appeal, finds that such public spaces meet one or more of the criteria listed under Section 9.56.070 or Section 9.56.080. § 9.56.170. Map.

All designations of Historic Resources and Landmarks and any definitions and descriptions of a Landmark Parcel thereto, and all designations of Historic Districts, shall be recorded on a Cultural and Historic Resources map by the Director.
§ 9.56.180. Voluntary Restrictive Covenants.

Upon approval by the City Council, the owner of a Landmark may enter into a restrictive covenant with the city regarding such Landmark after negotiations with the city.

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§ 9.56.190. Waiver.

The Building Officer of the city shall have the power to vary or waive any provision of the Orange Building, Electrical, Housing, Mechanical or Plumbing Codes, pursuant to such Codes, in any case that they determine that such variance or waiver does not endanger the public health or safety, and such action is necessary for the continued historical preservation of a Landmark. § 9.56.200. Recordation of Landmarks and Historic Districts.

All buildings or structures designated as Landmarks or as part of a Historic District pursuant to this Chapter shall be recorded by the city in the office of the Orange County Recorder. The document to be recorded shall contain the name of the owner or owners, a legal description of the property, the date and substance of the designation, a statement explaining that the demolition, alteration, or relocation of the structure is restricted, and a reference to this Section 9.56.200 authorizing the recordation.
§ 9.56.210. Preservation Incentives.

The City Council may by resolution or by ordinance adopt preservation incentives to encourage the designation, preservation, maintenance, and appropriate rehabilitation of the city’s historic and cultural resources. Preservation incentives, in the form of financial and regulatory incentives, shall be made available to owners of Historic Resources, either individually or as Contributors to Historic Districts. The following examples of incentives may be recommended by the Director, for adoption by City Council:

A. Certificates of Appropriateness and Certificate of Completion Fees. All Certificate of Appropriateness and Certificate of Completion fees for any alteration, restoration or construction, in whole or in part, to a designated Landmark or to a contributing building or structure located in a Historic District shall be waived.

B. Parking Incentives. Any parking incentives permitted by the Zoning Ordinance.

C. Streetscape Improvements in Historic Districts. Whenever streetscape improvements are proposed by the city in areas that are designated Historic Districts, the city shall consider the use of materials, landscaping, light standards and signage that are compatible with the area's historic and architectural character.

E. State Historical Building Code. The California State Historical Building Code (Title 24, Part 8, California Administrative Code) shall be applied to alterations to designated Historic Resources, Landmarks, and contributing buildings and structures located in Historic Districts.

F. Mills Act Historical Property Contracts. Historic Resources, Landmarks and contributing buildings or structures located in Historic Districts that are privately owned and not exempt from taxation shall be considered qualified historical properties eligible for Mills Act historical property contracts submitted or entered into, pursuant to the provisions of Article 12, commencing with Section 50280, Chapter 1, Part 1, Division 1, Title 5, of the California Government Code. The City Council shall, by resolution, approve a historical property contract with the owner of a qualified historical property, provided that:

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1. The property has no confirmed and outstanding violations of this Code, or any other applicable federal, state or local law, rule or regulation;

2. The property is not subject to a tax delinquency; and

3. All completed or ongoing alterations, construction or rehabilitation to designated buildings or structures located on the property conform to the Secretary of Interior's Standards for the treatment of Historic Properties and applicable city standards and guidelines.

4. The property is a designated Landmark.

G. Plan Check Processing. Structures designated as Historic Resources, Landmarks or contributing buildings or structures to a Historic District shall receive priority Building Division plan check processing.
§ 9.56.220. CEQA Time Extensions.

Any time periods set forth in this Chapter may be extended by the Director by such periods as are necessary to comply with the California Environmental Quality Act (CEQA).

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Contents
§ 9.56.010. Title. ............................................................................................................................ 1 § 9.56.020. Enabling Authority. ..................................................................................................... 1 § 9.56.030. Purpose. ..................................................................................................................... 1 § 9.56.040. Definitions. .................................................................................................................. 1 § 9.56.050. Orange Inventory of Cultural and Historic Resources. ............................................... 4 § 9.56.060. Historic Resources. .................................................................................................... 4 § 9.56.070. Orange Register of Landmarks. ................................................................................. 5 § 9.56.080. Historic Districts. ......................................................................................................... 7 § 9.56.090. Heritage Commission. ................................................................................................ 9 § 9.56.100. Certificate of Appropriateness and Certificate of Completion. .................................. 10 § 9.56.110. Certificate of Appropriateness and Certificate of Completion Extensions. ............... 12 § 9.56.120. Appeals. ................................................................................................................... 12 § 9.56.130. Maintenance and Repair. ......................................................................................... 14 § 9.56.140. Unsafe or Dangerous Conditions. ............................................................................ 14 § 9.56.150. Ordinary Maintenance. ............................................................................................. 15 § 9.56.160. Public Spaces. .......................................................................................................... 15 § 9.56.170. Map. ......................................................................................................................... 15 § 9.56.180. Voluntary Restrictive Covenants. ............................................................................. 15 § 9.56.190. Waiver. ...................................................................................................................... 16 § 9.56.200. Recordation of Landmarks and Historic Districts. .................................................... 16 § 9.56.210. Preservation Incentives. ........................................................................................... 16 § 9.56.220. CEQA Time Extensions. ........................................................................................... 17 O RANGE H ISTORIC AND C ULTURAL R ESOURCES P RESERVATION O RDINANCE 2025-08-21 P AGE 18 Draft
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Agenda Item
Orange City Council
Item #: 8.1. 10/28/2025 File #: 25-0563
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Public Hearing to consider introduction and First Reading of an ordinance amending Title 12, Title 16, and Title 17 of the Orange Municipal Code modifying the duties and responsibilities of the Design Review Committee. Ordinance No. 18-25.

2. SUMMARY
The proposed Ordinance amends certain provisions of Title 12 (Streets, Sidewalks, and Public Places), Title 16 (Subdivisions), and Title 17 (Zoning) of the Orange Municipal Code to focus the purview of the Design Review Committee (DRC) on projects in historic districts, or involving historic structures outside of a district, in order to streamline the review process and ensure timely decision- making for projects subject to design review.

3. RECOMMENDED ACTION

1. Conduct and close the Public Hearing.

2. Introduce and conduct First Reading of Ordinance No. 18-25. An Ordinance of the City Council of the City of Orange amending Title 12, Title 16, and Title 17 of the Orange Municipal Code to update duties and responsibilities of the Design Review Committee.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Enhance Economic Development and Achieve Fiscal Sustainability.

Objective 2.2: Improve Design Review Process
Objective 2.12: Update Zoning Ordinance for process clarity and improve efficiency for new businesses

6. DISCUSSION AND BACKGROUND
The City of Orange Design Review Committee (DRC) (formerly the Design Review Board) was established in 1974 by Ordinance No. 4-74 for the purpose of upholding community aesthetics by reviewing the architectural design for new buildings and structures. The DRC currently provides discretionary review and approval for certain development projects and acts in an advisory capacity to the Planning Commission and City Council.

On August 12, 2025, the City Council directed staff to prepare an Ordinance that modifies the current City of Orange Printed on 10/23/2025Page 1 of 3
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Item #: 8.1. 10/28/2025 File #: 25-0563
On August 12, 2025, the City Council directed staff to prepare an Ordinance that modifies the current purview of the DRC to focus its review on projects involving historic resources. The subject Ordinance accomplishes that direction, focusing DRC review on the following types of projects:
· Properties located within an historic district;
· Properties listed on the City’s historic inventory;
· Properties over 50 years old and determined by staff to be historic; or · Demolition of an historic resource.

Under the proposed Ordinance, all other projects subject to design review would be reviewed through the Administrative Design Review (ADR) process, actionable by the Community Development Director, including:
· All new development, including major modifications to existing structures; · All signs for new or existing businesses; and
· Demolition of a non-contributing structure in an historic district.

To accomplish these amendments, staff is proposing changes to elements of Orange Municipal Code Title 12, Title 16, and Title 17. The draft City Council Ordinance outlining each text modification is included within Attachment 1.

The Ordinance is in response to direction from the City Council, and provides key benefits, including:
· Streamlined development review process to support economic development. · Reduced time and cost burdens for the most common types of new development · Balances the goals of historic preservation with the need for efficient review processes. · Efficient administration of the design review process while maintaining the integrity of historic districts and resources.

The proposed amendments are consistent with the City’sGeneral Plan and applicable state law and are intended to balance the goals of historic preservation with the need for an efficient review process.

Planning Commission Action
The Planning Commission conducted a public hearing on the proposed ordinance on September 15, 2025. During the public hearing, six community members addressed the Commission, with one commenter supporting the proposed ordinance as a balance of interests, and five commenters advocating for preserving the current scope of the DRC as necessary to ensure that new development is compatible with the surrounding neighborhoods, whether located within an historic district or not.

Following the public hearing, the Commission discussed the scope of the proposed Ordinance and language amendments. Chair Vejar made a motion to recommend approval of the draft Ordinance to the City Council with the direction to identify the threshold of historic significance using a more concise terminology, which was seconded by Commissioner Leslie. By a vote of 5-1-1 (McCormick - No, Maldonado - Absent), the Planning Commission recommended approval with modifications to the City of Orange Printed on 10/23/2025Page 2 of 3
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Item #: 8.1. 10/28/2025 File #: 25-0563
No, Maldonado - Absent), the Planning Commission recommended approval with modifications to the City Council.

7. ATTACHMENTS
· Attachment 1 Ordinance No. 18-25 (Clean)
· Attachment 2 Ordinance No. 18-25 (Redlined)
· Attachment 3 Planning Commission Staff Report, September 15, 2025 · Attachment 4 Draft Planning Commission Minutes, September 15, 2025 City of Orange Printed on 10/23/2025Page 3 of 3
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Agenda Item
Orange City Council
Item #: 8.1. 10/28/2025 File #: 25-0563
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Public hearing to consider introduction and First Reading of an ordinance amending Title 12, Title 6, and Title 17 of the Orange Municipal Code modifying the duties and responsibilities of the Design Review Committee. Ordinance No. 18-25.

3. RECOMMENDED ACTION

1. Conduct and close the public hearing.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Enhance Economic Development and Achieve Fiscal Sustainability.

Objective 2.2: Improve Design Review Process
Objective 2.12: Update Zoning Ordinance for process clarity and improve efficiency for new businesses

On August 12, 2025, the City Council directed staff to prepare an Ordinance that modifies the current City of Orange Printed on 10/23/2025Page 1 of 3
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Item #: 8.1. 10/28/2025 File #: 25-0563
On August 12, 2025, the City Council directed staff to prepare an Ordinance that modifies the current purview of the DRC to focus its review on projects involving historic resources. The subject Ordinance accomplishes that direction, focusing DRC review on the following types of projects:
· Properties located within an historic district;
· Properties listed on the City’s historic inventory;
· Properties over 50 years old and determined by staff to be historic; or · Demolition of an historic resource.

Following the public hearing, the Commission discussed the scope of the proposed Ordinance and language amendments. Chair Vejar made a motion to recommend approval of the draft Ordinance to the City Council with the direction to identify the threshold of historic significance using a more concise terminology, which was seconded by Commissioner Leslie. By a vote of 5-1-1 (McCormick - No, Maldonado - Absent), the Planning Commission recommended approval with modifications to the City of Orange Printed on 10/23/2025Page 2 of 3
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Item #: 8.1. 10/28/2025 File #: 25-0563
No, Maldonado - Absent), the Planning Commission recommended approval with modifications to the City Council.

AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING TITLE 12,
TITLE 16 AND TITLE 17 OF THE ORANGE

MUNICIPAL CODE TO UPDATE DUTIES AND

RESPONSIBILITIES OF THE DESIGN REVIEW

COMMITTEE

WHEREAS, the City of Orange Design Review Committee (DRC) was established in 1974 to uphold community aesthetics by reviewing the architectural design of new buildings and structures; and

WHEREAS, the City Council recognizes the need to modernize and streamline the design- review process to improve efficiency, reduce redundancy, and ensure timely decision -making while maintaining the City’s longstanding commitment to design excellence and historic preservation; and

WHEREAS, on October 7, 2025, the Planning Commission of the City of Orange conducted a duly noticed public hearing and adopted Resolution No. PC-2025-24, recommending that the City Council approve this ordinance as consistent with the General Plan and in the public interest; and

WHEREAS, the Planning Commission’s recommendation was based on findings that the proposed amendments clarify review responsibilities among the Community Development Director, Design Review Committee, and Planning Commission, and that they will improve coordination and transparency in the review of new development and alterations to existing buildings; and

WHEREAS, the City Council finds that this ordinance constitutes an administrative activity that does not have the potential to cause a direct or reasonably foreseeable indirect physical change in the environment, and therefore is exempt from the California Enviro nmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378; and

WHEREAS, all new development projects will remain subject to project -level environmental review under CEQA, ensuring that the City continues to evaluate potential impacts to historic resources, aesthetics, and related environmental factors; and

WHEREAS, the City Council further finds that this ordinance is consistent with the Orange General Plan, including the Community Design Element and the Cultural Resources & Historic Preservation Element, by maintaining the DRC’s role for projects meeting the Histo ric Threshold, applying the Secretary of the Interior’s Standards to eligible resources, and supporting high-quality architectural design citywide; and

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2 WHEREAS, the ordinance complements General Plan goals to preserve the distinctive character of Old Towne and other historic neighborhoods while facilitating economic vitality and predictable permit processing for applicants; and

WHEREAS, notice of this public hearing was given in compliance with Government Code Section 65090 and Orange Municipal Code Section 17.08.040, including publication of a legal notice on October 2, 2025 in a newspaper of general circulation; and

WHEREAS, the City Council finds that the public hearing was properly noticed and conducted, all persons wishing to be heard were given the opportunity to testify, and the City Council has carefully considered the entire administrative record, including the Planning Commission’s recommendation, staff report, and written and oral comments; and

WHEREAS, the City Council finds that adoption of this ordinance will promote the public health, safety, and welfare by maintaining strong design and historic -preservation standards, improving administrative efficiency, and ensuring consistency and fairness in the City’s development-review process; and

WHEREAS, the City Council further finds that these amendments advance the City’s goals for efficient government, community character, and responsible stewardship of Orange’s historic and architectural heritage.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I:

This Ordinance is not a project under the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15061(b)(3) and 15378, because it is an administrative activity undertaken by a local government , involves general City policy and procedure, and its adoption does not have the potential to result in direct or indirect physical changes to the environment

SECTION II:

Section 12.18.080(O) of the Orange Municipal Code, “Streets, Sidewalks and Public Places - Outdoor Dining on Public Walkways - Outdoor Dining Permit Standards,” is hereby amended in its entirety to read as follows:

O. No signs are permitted in the outdoor dining area with the exception of a menu sign.

Business names may be permitted on the valance of the awnings and/or umbrellas, as approved by the Community Development Director; however, commercial and product logos are not permitted on the valance of awnings and/or on umbrellas or in any other outdoor display.

SECTION III:

Section 16.35.060 of the Orange Municipal Code, “Subdivisions – Vesting Tentative Maps - Filing,” is hereby amended in its entirety to read as follows:
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3 16.35.060 - Filing.

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports as set forth in other provisions of Title 16 for a tentative map, except as hereinafter provided:

A. Subdivider shall obtain all necessary zone changes prior to or concurrent with filing a vesting tentative map.

B. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words: "Vesting Tentative Map."

C. At the time a vesting tentative map is filed, a subdivider shall also supply the following information:

1. Plans and drawings;

2. Sewer, water, storm drain, and road details;

3. Geological studies;

4. Flood control information;

5. School impact analysis;

6. Traffic impact analysis;

7. Detailed grading plans;

8. Solar access, passive or natural heating or cooling opportunities analysis;

9. Signing program (advertising, locational, and safety signing systems);

10. Any other material considered essential to the proper evaluation of the project (i.e.; open space maintenance responsibilities, provisions made for trails and/or parks and their maintenance responsibilities).

NOTE: All developments require compliance with the California Environmental Quality Act.

Some of the above information may be included in reports prepared for that purpose. If so, the information requested above the need only be referenced to the E.I.R.

SECTION IV:

Section 17.04.022 of the Orange Municipal Code, “Zoning–Definitions– “C” Definitions,” is hereby amended in its entirety to read as follows:

Section 17.04.022 – “C” Definitions

"Caretaker mobile home" means a mobile home, placed on either a permanent or temporary foundation, established on any premises as living quarters for a person or persons responsible for the maintenance and/or security of those premises.

"Caretaker's residence" means a dwelling unit accessory to a principal use on a site and intended for occupancy on same site for a caretaker, security guard, servant, or similar position generally requiring residence on the site.

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4 "Carport" means a roofed structure providing space for the parking or storage of motor vehicles, but not fully enclosed.

"Cellular" means an analog or digital wireless communication technology that provides services such as two -way mobile voice and data communications, paging, voice mail, electronic mail, conference calling, and facsimile.

"Cemetery" means property used for the interring of the dead including columbariums, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundary of a cemetery.

"Centerline" means the right -of-way centerline as established by the County Engineer of the County, by the City Engineer of any city within the County, by the State Division of Highways of the State of California.

"Church" means an institution providing facilities for worship or the assemblage of the public for worship, including personal counseling, education (church schools), day care, and the building or buildings where such activities take place.

"Clinic" means an establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers and where patients are not lodged overnight.

"Club" means a group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws.

"Cluster development" means a development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.

"Co-location" means the locating of wireless communication equipment/antennas by more than one wireless service provider on a single building -mounted, roof-mounted, or ground -mounted wireless communication facility.

"Commercial recreation and entertainment" means establishments providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission charge.

Does not include "adult -oriented businesses" or "bars, lounges, and ni ghtclubs." Illustrative examples of commercial recreation and entertainment uses include: athletic clubs, bowling alleys, ice/roller skating rinks, scale-model courses, and similar uses.

"Commercial use" means an activity, normally retail sales, carried out for monetary gain.

"Common area" means land held in common and/or single ownership and not reserved for the exclusive use or benefit of an individual tenant or owner.

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5 "Common facility" means a noncommercial use established primarily for the benefit and enjoyment of the community in which it is located, typically utility or service use oriented.

"Communal housing" means for nonfamily groups with common kitchen and dining facilities but without medical, psychiatric or other care including boardinghouses, lodging houses, dormitories, fraternity/sorority houses, communes, and religious homes.

"Community care facilities" means any facility, place or building where non -medical care and supervision are provided for seven or more persons (does not include the licensee or members of the licensee's family or persons employed as facility staff).

"Community center" means a facility operated to provide recreational, cultural or other similar activities.

"Conditional use permit" means a zoning instrument used primarily to review the location, site development, or conduct of certain land uses. These are uses which generally have a distinct impact on the area in which they are located, or are capable of crea ting special problems for bordering properties unless given special attention. A conditional use permit is granted at the discretion of the Planning Commission or Zoning Administrator and is not the automatic right of any applicant.

"Condominium" means a building or group of buildings owned on a proportional basis with a specific benefit of ownership being the right to occupy an individual unit located within the structure(s).

"Convalescent facility" means a use providing bed care and in -patient services for persons requiring regular medical attention, and persons aged or infirm unable to care for themselves, excluding surgical or emergency medical services.

"Convalescent hospital" means a facility providing long -term nursing, dietary and other medical services to convalescents or invalids but not providing surgery or primary treatments such as are customarily provided in a hospital. A convalescent hospital must be licensed by the State as such.

"Convenience market" means a retail food market providing goods and other services on an extended hour basis.

"Coop" means a coop is a place of confinement, usually in the form of a cage or small enclosure, used in conjunction with the keeping of birds.

"Copy center" means a commercial establishment that provides services such as document copying, word processing, scanning, binding, sorting, laminating, mounting and other similar services; computer terminal rentals are permitted as an incidental use, provided that less than 50% of the business is devoted to computer terminal rentals.

"Corner cut-off" means the triangular area created by measuring from a corner a given distance along each property line or driveway and connecting the points at the end of those lines.

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6 "Country club" means a club organized and operated primarily for social and outdoor recreation purposes, including incidental accessory uses and structures.

"Cultural resource" means any structure, portion of a structure, improvement, district, or any grouping of structures or improvements related to one another by virtue of their sharing of common characteristics or uses, and any natural feature, landscape, s ite, area or object of scientific, aesthetic, educational, cultural, architectural, landscape architectural, archaeological, or historic significance to the citizens of the City and the State of California, the Southern California region or the nation whic h is listed in the National Register or is eligible for listing in the National Register.

"Curb grade" means the level of the established curb in front of a building, as measured at the center of the frontage.

SECTION V:

Section 17.04.027 of the Orange Municipal Code, “Zoning–Definitions– “H” Definitions,” is hereby amended in its entirety to read as follows:

Section 17.04.027 – “H” Definitions

"Handicapped housing" means any housing which is designed and physically improved to accommodate physically handicapped persons.

"Health facility" means any facility, place or building which is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental. For a complete definition, refer to Section 1250 of the California Health and Safety Code.

"Historic building inventory" means the list of nominated cultural resources worthy of preservation within the City which have been identified in the 1982 Historic Survey as commissioned by the City. The updated 1992 Historic Inventory includes both an update of contributing structures and non-contributing buildings within the Old Towne Square Mile District, and potential landmarks within the City.

“Historic – Contributing structures" means all pre -1940 buildings and structures so identified in the City’s Historic Building Inventory.

“Historic – Noncontributing structures" means buildings within a Historic District which do not contribute to the district because the buildings are contemporary in architectural style or are less than 50 years old.

"Historic district" means a geographically definable area which: (1) possesses a significant concentration, linkage or continuity of sites, buildings, improvements or objects united by past events, architectural style or design, or aesthetically by plan or physical development, and (2) is comprised of individual elements separated geographically but linked by association or history.

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7 "Historic Threshold" means any property that is (1) located within City historic districts, (2) listed in the City’s historic resource inventory, or (3) is a property greater than 50 years old with significant historic, architectural, or cultural value as determined by the Community Development Director.

"Home occupation" means any accessory activity carried out for financial gain which is conducted within a dwelling unit or an accessory structure to the unit. The principal use of the dwelling unit must be a residential use, and the home occupation must be incidental to the residential use of the dwelling unit. Home occupation activities shall involve the use of materials and equipment only found customarily in a residential unit.

"Homeless shelter" means a building that provides immediate and short -term overnight sleeping accommodations for homeless persons or families, with limited on -site supporting services. No person or family may be denied shelter at this facility due to the i nability to pay. Temporary shelters established in response to an emergency or disaster (such as flood, fire or cold -weather occurrences), or temporary shelters ancillary to a church use do not fall within this definition. As used in this code, "homeless s helter" shall have the same meaning as "emergency shelter," as contained in state law. Notwithstanding, these uses shall comply with federal, state and local regulations as applicable.

"Homeowners association" means a community association which is organized within a development in which individual owners share common interests and responsibilities for open space, landscaping, and/or facilities.

"Hospital" means an institution consisting of a facility licensed by the State Department of Public Health for the provision of clinical, temporary or emergency service of a medical, obstetrical or surgical nature to human patients, including overnight care of patients.

"Hot dog vending cart" means a portable, non -motorized device, operating outside of a building, from which a vendor primarily sells hot dogs.

"Hotel" means a residential building designed or used to be rented for transient occupancy by guests for dwelling, lodging, or sleeping purposes containing six or more guest rooms or suites of rooms not containing cooking facilities, but not including any building in which human beings are housed or detained under legal restraint or which is used as a drug or other rehabilitation center.

SECTION VI:

Section 17.04.033 of the Orange Municipal Code, “Zoning–Definitions– “N” Definitions,” is hereby amended in its entirety to read as follows:

Section 17.04.033 – “N” Definitions

"National Register" means the National Register of Historic Places maintained by the Secretary of the Interior under authority of the Historic Sites Act of 1935 and the National Historic Preservation Act.

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8 "Nominated resource" means those structures, buildings, places, urban design features and other objects for which application for designation has been made.

"Nonconforming land" means a parcel the size, dimensions or use of which was lawful prior to the adoption, revision or amendment to a zoning ordinance, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

"Nonconforming structure" means a structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to a zoning ordinance, but which fails by reason of such adoption, revision or amendment, to conform t o the present requirements of the zoning district.

"Nonconforming use" means a use or activity which was lawful prior to the adoption, revision or amendment to a zoning ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

"Nursing home" means an extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

SECTION VII:

The Table in Section 17.08.020, “Zoning – General Administrative Procedures – Reviewing Bodies,” is hereby amended in its entirety to read as follows:

There are five reviewing bodies established to administer the provisions of the zoning ordinance and general plan. These five reviewing bodies have authority to make decisions and/or recommendations for applications as outlined in Table 17.08.020:

Table 17.08.020
Type of Procedure, Permit or Hearing CDD DRC ZA PC CC
Administrative Design Review X(1)
Administrative Adjustment Permit X
Alcohol Production Permit X
Conditional Use Permit A A(1) X(1) X(1) X(1)
Design Review - Historic A/X(1) X(1)
Design Review – Non-Historic X(1)
Environmental Documentation A X(1) X(1)
General Plan Amendment A A X
Neighborhood Preservation Overlay Applications A/X(1) X(1) Director Administrative Interpretations X

Demolition Permit - Historic A X(1) X
Demolition Permit – Non-Historic X(1)
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9 Table 17.08.020
Type of Procedure, Permit or Hearing CDD DRC ZA PC CC
Reasonable Accommodation X(1)
Site Plan Review—Major A X(1) X
Site Plan Review—Minor X
Sober Living Permit X
Temporary Use (Non-Recurring) Permit A X(1) X(1)
Temporary Use (Recurring) Permit X
Tentative Parcel Map X(1) X(1) X(1)
Tentative Tract Map A A X
Variance A A(1) X(1) X
Zone Change A A X
Zoning Ordinance Amendment A A X

Key:

CDD = Community Development Director
DRC = Design Review Committee
ZA = Zoning Administrator
PC = Planning Commission
CC = City Council
A = Advisory
X = Final project determination
(1) = Restricted to certain applications or properties that meet the Historic Threshold.

NOTES:
(a) All items may be finally decided by the City Council upon appeal. (b) When more than one type of application is filed for a single project, the application requiring the highest level of approval shall dictate the review process for the entire group of applications.

SECTION VIII:

Section 17.08.020(D)(2) of the Orange Municipal Code, “Zoning – General Administrative Procedures – Reviewing Bodies – Design Review Committee,” is hereby amended in its entirety to read as follows:

2. Powers and Duties. When a matter or application meets the Historic Threshold, the Design Review Committee shall have the authority to:

a. Make final determination on signs and sign programs in accordance with Chapter 17.36 of this code;

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10 b. Make final determination on architectural and landscaping design matters for minor site plan review applications when referred by Community Development Director;

c. Make final determination on architectural and landscaping design matters for external remodeling of commercial, industrial, institutional and large scale multiple-family developments, when no Planning Commission review is otherwise required, or except for minor site plan review projects acted upon by the Community Development Director;

d. Review and make recommendations to the Planning Commission on architectural and landscaping design matters for all development projects and proposed demolitions requiring Planning Commission recommendation or approval;

e Make final determination on design review of applications for additional bedrooms or bathrooms in a historic district pursuant to Section

17.28.080(D)(1)(a);

SECTION IX:

Section 17.10.035(C)(6) of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Temporary Use Permits – Temporary Use Permit for Uses of Limited, Specific Duration (Nonrecurring) – Design Review,” is hereby amended in its entirety to read as follows:

6. Design Review. Nonrecurring temporary uses on properties that meet the Historic Threshold, shall require the approval of the Design Review Committee prior to the establishment of the temporary use permit.

SECTION X:

Section 17.10.060 (D)(2) of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Site Plan Review – Minor Site Plan Review - Procedure,” is hereby amended in its entirety to read as follows:

2. Procedure. The Community Development Director, pursuant to Section 17.08.020E, shall be responsible for minor site plan review. Once an application for minor site plan review has been deemed complete, the Community Development Director shall, in conjunction with a st aff review committee designated by the City Manager, consider and approve, approve with conditions, deny or refer the project to the Planning Commission. A continuance may be granted upon mutual consent of the applicant and the Community Development Director. Appeals from decisions by the Community Development Director shall be made in accordance with the City appeal procedures set forth in Section 17.08.050.

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11 SECTION XI:

Section 17.10.060(E)(2) of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Site Plan Review – Major Site Plan Review - Procedure,” is hereby amended in its entirety to read as follows:

2. Procedure. Community Development Director shall serve as the preliminary reviewing body for major site plan review. Once an application for major site plan review has been deemed complete, the Community Development Director and Design Review Committee , when the project meets the Historic Threshold, shall independently consider and make a recommendation to approve, approve with conditions, or deny the project. A continuance may be granted upon mutual consent of the applicant and Community Development Director. The recommendations shall be forwarded to the Planning Commission secretary for placement on the Commission's consent calendar, and shall be noticed as provided for in Section

17.08.040. Procedures for acting on consent calendar items shall be established by the Planning Commission and shall be adopted by resolution. The Commission, in considering a site plan review application, shall review the recommendations of the Community Development Director and Design Review Committee. The Commission shall act to approve, approve with conditions or deny the application. A continuance may be granted upon mutual consent of the applicant and Planning Commission.

Planning Commission action shall be deemed final unless an appeal to the City Council is filed within 15 days of the decision in accordance with Section 17.08.050.

SECTION XII:

Section 17.10.070(B)(6) of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Design Review – When Design Review is Required ,” is hereby amended in its entirety to read as follows:

6. Projects subject to minor site plan review that also involve exterior remodeling of residential, commercial, industrial, and institutional development.

SECTION XIII:

Section 17.10.070(C) of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Design Review – Initiation and Application ,” is hereby amended in its entirety to read as follows:

C. Initiation and Application. Design review applications shall be filed in accordance with application and submittal requirements. Application materials may include site, building and landscape plans, photographs, colored elevations and/or renderings and color and material boards. This information must be of sufficient detail to allow the reviewing body to determine the compatibility of the change to the existing structure, area, or district and that the project meets established design standards and criteria. In addition, to comply with provisions of the California Environmental Quality Act, most projects in historic districts will require an application for environmental review in accordance with Section 17.08.030.

Submittal materials shall also include information pertaining to scale, massing, streetscape, landscaping and open space.
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12 SECTION XIV:

Section 17.10.070(D) of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Design Review – Design Review Procedure and Criteria,” is hereby amended in part to read as follows:

D. Design Review Procedure and Criteria. When a matter or application meets the Historic Threshold, t he Design Review C ommittee shall make a recommendation or final determination as authorized by Section 17.08.020(D) to approve, approve with conditions or deny a project at a public meeting. In making such recommendation or determination, the Committee shall consider adopted design standards and guidelines (where applicable), the Secretary of the Interior's Standards and Guidelines for Rehabilitation (where applicable) and the following general criteria in making a project determination:

The project shall have an internally consistent, integrated design theme which is reflected in the following elements:

1. Architectural Features.

a. The architectural features shall reflect a similar design style or period.

b. Creative building elements and identifying features should be used to create a high quality project with visual interest and an architectural style.

2. Landscape.

a. The type, size and location of landscape materials shall support the projects overall design concept.

b. Landscaping shall not obstruct visibility of required addressing, nor shall it obstruct the vision of motorists or pedestrians in proximity to the site.

c. Landscape areas shall be provided in and around parking lots to break up the appearance of large expanses of hardscape.

3. Signage. All signage shall be compatible with the building(s) design, scale, colors, materials and lighting.

4. Secondary Functional and Accessory Features. Trash receptacles, storage and loading areas, transformers and mechanical equipment shall be screened in a manner which is architecturally compatible with the principal building(s).

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13 SECTION XV:

Section 17.10.070(G) of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Design Review – Findings Required,” is hereby amended in its entirety to read as follows:

G. Findings Required. The reviewing body shall make findings for all projects based upon design criteria stated above. A specific finding shall be made for projects as follows:

1. When a matter or application meets the Historic Threshold , the proposed work conforms to the prescriptive standards and design criteria referenced and/or recommended by the Design Review Committee or other reviewing body for the project.

2. In any National Register Historic District, the proposed work complies with the Secretary of the Interior's standards and guidelines.

3. The project design upholds community aesthetics through the use of an internally consistent, integrated design theme and is consistent with all adopted specific plans, applicable design standards and their required findings.

4. For infill residential development, as specified in the City of Orange infill residential design guidelines, the new structure(s) or addition are compatible with the scale, massing, orientation, and articulation of the surrounding development and will preserve or enhance existing neighborhood character.

SECTION XVI:

Section 17.13.040(JJ)(9) of the Orange Municipal Code, “Zoning – Master Land Use Table – Special Use Regulations – Homeless Shelter – Design Review Required,” is hereby amended in its entirety to read as follows:

9. Design Review Required. Design review is required if the project meets the criteria established in Section 17.10.070. The reviewing body's discretion in requiring conditions of approval and approving homeless shelters is limited to ensuring compliance with applicable design-related standards and guidelines.

SECTION XVII:

Section 17.13.050(AA) of the Orange Municipal Code, “Zoning – Master Land Use Table – Conditional Use Regulations – Hot Dog Vending Carts,” is hereby deleted in its entirety.

SECTION XVIII:

Section 17.36.060(A)(1) of the Orange Municipal Code, “Zoning – Sign Regulations – Signs General – Sign Program – Multitenant Buildings,” is hereby amended in part to read as follows:

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14 1. Multitenant Buildings. A sign program for all multitenant buildings shall be required to ensure proper design of signage and adequate identification of building tenants.

Such programs shall provide for consistency in the size, color and placement of signs within a property and shall be approved by the Community Development Director, , or the Design Review Committee when sign meets Historic Threshold.

SECTION XIX:

Section 17.36.060(A)(3) of the Orange Municipal Code, “Zoning – Sign Regulations – Signs General – Sign Program – Mixed Use Zones and Major Commercial Centers ,” is hereby amended to read as follows:

3. Mixed Use Zones and Major Commercial Centers. Sign programs for major commercial centers on sites which are located in the C -TR, C-R, C-2 or C-3 zones and are larger than twenty-five (25) acres, and for mixed use, multi-family residential, or multi-tenant commercial uses in the OTMU, NMU and UMU zones, regardless of the size of the site may include criteria that differ from the limitations contained in this chapter. Sign programs for major commercial centers are subject to the review and approval of a conditional use permit by the Planning Commission. Sign programs in mixed use zones are subject to review and approval by the Community Development Director, or the Design Review Committee when sign meets Historic Threshold. Sign programs shall be reviewed based on the following criteria:

a. The applicant will prepare and submit a detailed proposal that includes architectural plans, a site plan and building elevations. The proposal will delineate and allocate display area for each tenant.

b. Sign programs for such developments will specify construction and finish materials, fabrication methods, letter styles, proposed use of logos or other corporate icons, color and lighting for all signs.

c. Display area for wall signs shall be calculated based upon the length of building elevations according to the limits established by Section 17.36.080. In mixed use zoning districts the area of projecting signs shall be calculated based on the standards for wall sign area and counted toward the overall allowable wall sign area for a building. However, sign area may be redistributed among portions of building elevations as specified within the sign program, or permitted to increase to the following ratio:

i. Two square feet per lineal foot of tenant building frontage, for building elevations situated more than 200 feet from a property line or public street.

ii. Three square feet per lineal foot of tenant building frontage, for building elevations situated more than 300 feet from a property line or public street.

d. When installed on the same wall of a building which includes an entrance that is accessible to the public, blade signs, sculpted signs or three -dimensional wall 171
15 signs may extend more than 12 inches from the surface of a wall without being considered a projecting sign. The depth of projection for a wall sign will not be considered when calculating display area.

e. Signs affixed to the face of a wall may extend upward beyond the roof of a building without being considered a roof sign, provided: (i) the vertical extension beyond the roof line is limited to 25% of the overall height of that wall; or (ii) the sign does not include flat display area, but is instead constructed of three - dimensional elements.

f. A singular roof sign may be permitted if constructed as a singular architectural element which displays only the name of a development.

g. Any wall signs proposed on building elevations that are arranged around a central courtyard or open-air pedestrian space which are not visible from a public right - of-way are not subject to regulations of this chapter.

h. When presented as part of a comprehensive sign program on any development with more than 200 feet of frontage on an arterial highway, the height of a freestanding sign may exceed 15 feet, but is limited to 32 feet, or the maximum height to the roof of any building that is part of the same development, whichever is less. However, any sign higher than 15 feet is subject to the setback for all structures in that same zone, and a landscaped planter must be provided around the base of the sign.

i. The number and spacing of freestanding signs may differ from those otherwise permitted by this chapter, so long as sign proposals do not exceed limits for aggregate display area, maximum display area and structural height.

j. Where developments have an internal circulation system of private two -way streets and more than 40 tenants, on -site directional signs may be permitted to a maximum display area of 220 square feet and maximum height of 20 feet, when located more than 100 fe et from an arterial street or residential development.

Directional signs are intended to assist motorists and keep traffic flowing through large parking facilities, and should therefore be limited to directional instructions and simple graphics, including section area titles, left or right turn arrows, and tenant names (if desired by the applicant) using a uniform or consistent size and style text.

k. Any sign program that meets Historic Threshold is subject to DRC approval. Sign applications for individual tenants will be subject to final approval by the Community Development Director unless the sign program is specific in describing the height, width and design components of signs for each tenant space.

l. Sign programs for sites located in the OTMU zones shall also comply with sign regulations included in the City's Historic Preservation Design Standards. 172
16 m. The aforementioned criteria are intended as maximum limits that should not be exceeded. However, an applicant may propose sign programs with elements that exceed such limits if the applicant prepares a study justifying why deviation from the criteria is desirable from a land use perspective and will not result in aesthetic and safety impacts significantly greater than those otherwise allowed. The study must address and/or include the following as a minimum:

i. A discussion of the unique planning and physical features of the project site which justify deviation from the criteria set forth in subsections (A)(3)(a)— (l) of this section.

ii. A discussion of how the proposed signage incorporates unique architectural style and special design features such as logos, emblems, murals and pictures that are integrated with the development.

iii. A sight-distance analysis to demonstrate why extra height or display area is needed to promote the development.

iv. An analysis of the range of sign visibility and potential impacts (including impacts caused by lighting) upon surrounding properties or public streets.

v. Scaled and dimensioned plans that provide an adequate basis of evaluation.

vi. A concluding statement containing an empirical analysis evidencing that the proposed sign program, due to setbacks from arterial streets which exceed the requirements of this section, setbacks from residential areas which exceed the requirements of this se ction, sign orientation toward the development and other relevant factors, will not impact residential areas or public streets significantly more than otherwise allowed by this section.

vii. The City shall approve such a sign program if it finds that the applicant's study contains the requisite empirical analysis.

n. Any sign which has been approved under this section may contain noncommercial copy in lieu of any commercial copy.

SECTION XX:

Section 17.36.150(I) of the Orange Municipal Code, “Zoning – Sign Regulations – Special Purpose Sign Regulations – Creative Signs,” is hereby amended to read as follows:

I. Creative Signs. Creative signs are allowed in the UMU zone. The intention of these provisions is to encourage signs of unique design that exhibit a high degree of imagination, inventiveness, spirit and thoughtfulness. Creatively designed signs should make a positive visual contribution to the overall image of the City, while mitigating the impacts of large, obtrusive or unusually designed signs. Creative signs may be allowed in addition to other project identification signs allowed by this chapter subject to approval of a sign program.

Creative signs, either on their own or as part of a sign program in combination with other 173
17 project signage, shall be reviewed by the Planning Commission subject to the following criteria:

1. Signs may include imagery or graphics that do not advertise a product, business, corporate, or organizational logo. Content may include a civic message, or other neutral subject matter such as geometric shapes, nature images, community history, geographic districts of the City, or other content determined to be similarly neutral by the Planning Commission.

2. Signs shall be architecturally integrated into a development, and be placed in a logical location in relation to the overall composition of the building facade.

3. Signs shall be located and designed not to cause light and glare impacts on surrounding uses.

4. Signs may be directly or indirectly illuminated, but shall not include flashing or animated elements in accordance with Section 17.36.040.

5. Sign area shall be proportionate to the building design and architectural feature upon which the sign is installed upon or associated with.

SECTION XXI:

Section 17.36.150(J) of the Orange Municipal Code, “Zoning – Sign Regulations – Special Purpose Sign Regulations – Murals,” is hereby amended to read as follows:

J. Murals. Murals are allowed in the OTMU, NMU and UMU zones. Murals should make a positive visual contribution to the overall image of the City and may be allowed in addition to other project identification signs allowed by this chapter. Murals, either on their own or as part of a sign program in combination with other project signage, shall be reviewed by the Planning Commission subject to the following criteria:

1. Murals may include imagery or graphics that do not advertise a product, business, corporate, or organizational logo. Content may include a civic message, or other neutral subject matter such as geometric shapes, nature images, community history, geographic districts of the City, or similar content as determined by the Planning Commission.

2. The area of a mural shall be proportionate to the building design and comply with the provisions of Section 17.36.080(B). The area of a mural shall be included in the maximum allowable number and area of wall signage for a building.

3. Murals may be directly or indirectly illuminated.

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18 SECTION XXII:

If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.

SECTION XXIII:

The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.

ADOPTED this day of , 2025.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Nathalie Adourian, City Attorney, City of Orange

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19 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the day of , 2025, and thereafter at the regular meeting of said City Council duly held on the ____ day of ____________, 2025 was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

________________________________________
Pamela Coleman, City Clerk, City of Orange

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ORDINANCE NO. 18-25

AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING TITLE 12,
TITLE 16 AND TITLE 17 OF THE ORANGE

MUNICIPAL CODE TO UPDATE DUTIES AND

RESPONSIBILITIES OF THE DESIGN REVIEW

COMMITTEE

WHEREAS, the City of Orange Design Review Committee (DRC) was established in 1974 to uphold community aesthetics by reviewing the architectural design of new buildings and structures; and

WHEREAS, the City Council recognizes the need to modernize and streamline the design- review process to improve efficiency, reduce redundancy, and ensure timely decision-making while maintaining the City’s longstanding commitment to design excellence and historic preservation; and

WHEREAS, on October 7, 2025, the Planning Commission of the City of Orange conducted a duly noticed public hearing and adopted Resolution No. PC -2025-24, recommending that the City Council approve this ordinance as consistent with the General Plan and in the publ ic interest; and

WHEREAS, the City Council finds that this ordinance constitutes an administrative activity that does not have the potential to cause a direct or reasonably foreseeable indirect physical change in the environment, and therefore is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378; and

WHEREAS, the ordinance complements General Plan goals to preserve the distinctive character of Old Towne and other historic neighborhoods while facilitating economic vitality and predictable permit processing for applicants; and

WHEREAS, the City Council finds that the public hearing was properly noticed and conducted, all persons wishing to be heard were given the opportunity to testify, and the City Council has carefully considered the entire administrative record, including the Planni ng Commission’s recommendation, staff report, and written and oral comments; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I:

This Ordinance is not a project under the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15061(b)(3) and 15378, because it is an administrative activity undertaken by a local government, involves general City policy and procedure, and its adoption does not have the potential to result in direct or indirect physical changes to the environment.

SECTION II:
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No signs are permitted in the outdoor dining area with the exception of a menu sign.

Business names may be permitted on the valance of the awnings and/or umbrellas, as approved by the Design Review Board Community Development Director; however, commercial and product logos are not permitted on the valance of awnings and/or on umbrellas or in any other outdoor display.

SECTION III:

Section 16.35.060 of the Orange Municipal Code, “Subdivisions – Vesting Tentative Maps – Filing,” is hereby amended in its entirety to read as follows:

16.35.060 - Filing.

B. A.

C. B.

D. C.

Subdivider shall obtain Design Review Committee ’s preliminary approval of development prior to filing a vesting tentative map. Processing and content shall be as detailed in City's document entitled "Design Review Committee Submittal Procedure."

Subdivider shall obtain all necessary zone changes prior to or concurrent with filing a vesting tentative map.

At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words: "Vesting Tentative Map."

At the time a vesting tentative map is filed, a subdivider shall also supply the following information:

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

Design Review Committee approved pPlans and drawings;
Sewer, water, storm drain, and road details;
Geological studies;
Flood control information;
School impact analysis;
Traffic impact analysis;
Detailed grading plans;
Solar access, passive or natural heating or cooling opportunities analysis; Signing program (advertising, locational, and safety signing systems); Any other material considered essential to the proper evaluation of the project (i.e.; open space maintenance responsibilities, provisions made for trails and/or parks and their maintenance responsibilities).

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NOTE: All developments require compliance with the California Environmental Quality Act. Some of the above information may be included in reports prepared for that purpose. If so, the information requested above the need only be referenced to the E.I.R.

SECTION IV:

Section 17.04.022 of the Orange Municipal Code, “Zoning–Definitions– “C” Definitions,” is hereby amended in its entirety to read as follows:

Section 17.04.022 – “C” Definitions

"Carport" means a roofed structure providing space for the parking or storage of motor vehicles, but not fully enclosed.

"Cellular" means an analog or digital wireless communication technology that provides services such as two-way mobile voice and data communications, paging, voice mail, electronic mail, conference calling, and facsimile.

"Cemetery" means property used for the interring of the dead including columbariums, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundary of a cemetery.

"Centerline" means the right-of-way centerline as established by the County Engineer of the County, by the City Engineer of any city within the County, by the State Division of Highways of the State of California.

"Co-location" means the locating of wireless communication equipment/antennas by more than one wireless service provider on a single building-mounted, roof-mounted, or ground-mounted wireless communication facility.

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"Commercial recreation and entertainment" means establishments providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission charge. Does not include "adult-oriented businesses" or "bars, lounges, and nightclubs." Illustrative examples of commercial recreation and entertainment uses include: athletic clubs, bowling alleys, ice/roller skating rinks, scale- model courses, and similar uses.

"Commercial use" means an activity, normally retail sales, carried out for monetary gain.

"Common area" means land held in common and/or single ownership and not reserved for the exclusive use or benefit of an individual tenant or owner.

"Common facility" means a noncommercial use established primarily for the benefit and enjoyment of the community in which it is located, typically utility or service use oriented.

"Community care facilities" means any facility, place or building where non-medical care and supervision are provided for seven or more persons (does not include the licensee or members of the licensee's family or persons employed as facility staff).

"Community center" means a facility operated to provide recreational, cultural or other similar activities.

"Conditional use permit" means a zoning instrument used primarily to review the location, site development, or conduct of certain land uses. These are uses which generally have a distinct impact on the area in which they are located, or are capable of creating special problems for bordering properties unless given special attention. A conditional use permit is granted at the discretion of the Planning Commission or Zoning Administrator and is not the automatic right of any applicant.

"Condominium" means a building or group of buildings owned on a proportional basis with a specific benefit of ownership being the right to occupy an individual unit located within the structure(s).

"Contributing structures" means all pre-1940 buildings and structures so identified in the City's Historic Building Inventory.

"Convalescent facility" means a use providing bed care and in-patient services for persons requiring regular medical attention, and persons aged or infirm unable to care for themselves, excluding surgical or emergency medical services.

"Convalescent hospital" means a facility providing long-term nursing, dietary and other medical services to convalescents or invalids but not providing surgery or primary treatments such as are customarily provided in a hospital. A convalescent hospital must be licensed by the State as such.

"Convenience market" means a retail food market providing goods and other services on an extended hour basis.

"Coop" means a coop is a place of confinement, usually in the form of a cage or small enclosure, used in conjunction with the keeping of birds.

"Corner cut-off" means the triangular area created by measuring from a corner a given distance along each property line or driveway and connecting the points at the end of those lines. 181

"Country club" means a club organized and operated primarily for social and outdoor recreation purposes, including incidental accessory uses and structures.

"Cultural resource" means any structure, portion of a structure, improvement, district, or any grouping of structures or improvements related to one another by virtue of their sharing of common characteristics or uses, and any natural feature, landscape, site, area or object of scientific, aesthetic, educational, cultural, architectural, landscape architectural, archaeological, or historic significance to the citizens of the City and the State of California, the Southern California region or the nation which is listed in the National Register or is eligible for listing in the National Register.

"Curb grade" means the level of the established curb in front of a building, as measured at the center of the frontage.

SECTION V:

Section 17.04.027 of the Orange Municipal Code, “Zoning–Definitions– “H” Definitions,” is hereby amended in its entirety to read as follows:

Section 17.04.027 – “H” Definitions

"Handicapped housing" means any housing which is designed and physically improved to accommodate physically handicapped persons.

“Historic – Contributing structures" means all pre-1940 buildings and structures so identified in the City’s Historic Building Inventory.

"Historic property Threshold" means a separate structure or site 50 years old or older that has significant historic, architectural, or cultural value but is not a landmark. any property that is (1) located within City historic districts, (2) listed in the City’s historic resource inventory, or (3) is a property greater than 50 years old with significant historic, architectural, or cultural value as determined by the Community Development Director.

Home occupation activities shall involve the use of materials and equipment only found customarily in a residential unit.

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"Homeless shelter" means a building that provides immediate and short-term overnight sleeping accommodations for homeless persons or families, with limited on-site supporting services. No person or family may be denied shelter at this facility due to the inability to pay. Temporary shelters established in response to an emergency or disaster (such as flood, fire or cold-weather occurrences), or temporary shelters ancillary to a church use do not fall within this definition. As used in this code, "homeless shelter" shall have the same meaning as "emergency shelter," as contained in state law. Notwithstanding, these uses shall comply with federal, state and local regulations as applicable.

"Hot dog vending cart" means a portable, non-motorized device, operating outside of a building, from which a vendor primarily sells hot dogs.

SECTION VI:

Section 17.04.033 of the Orange Municipal Code, “Zoning–Definitions– “N” Definitions,” is hereby amended in its entirety to read as follows:

Section 17.04.033 – “N” Definitions

"Nominated resource" means those structures, buildings, places, urban design features and other objects for which application for designation has been made.

"Noncontributing buildings" means buildings within the Old Towne Square Mile Historic District which do not contribute to the district because the buildings are contemporary in architectural style and are less than 50 years old.

The Table in Section 17.08.020, “Zoning – General Administrative Procedures – Reviewing Bodies,” is hereby amended in its entirety to read as follows:

Key:

3 Table 17.08.020
Type of Procedure, Permit or Hearing CDD DRC ZA PC CC Administrative Design Review X(1)
Administrative Adjustment Permit X
Alcohol Production Permit X
Conditional Use Permit A A(1) X(1) X(1) X(1)
Design Review - Historic A/X(1) X(1)
Design Review – Non-Historic X(1)
Environmental Documentation A X(1) X(1)
General Plan Amendment A A X
Neighborhood Preservation Overlay Applications A/X(1) X(1) Director Administrative Interpretations X
Old Towne Demolition Permit - Historic A X(1) X
Demolition Permit – Non-Historic X(1)
Reasonable Accommodation X(1)
Site Plan Review—Major A A X(1) X
Site Plan Review—Minor X
Sober Living Permit X
Temporary Use (Non-Recurring) Permit A X(1) X(1)
Temporary Use (Recurring) Permit X
Tentative Parcel Map X(1) X(1) X(1)
Tentative Tract Map A A X
Variance A A(1) X(1) X
Zone Change A A X
Zoning Ordinance Amendment A A X
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SECTION VIII:

2. Powers and Duties. When a matter or application meets the Historic Threshold, the Design Review Committee shall have the authority to:

Make final determination on signs and sign programs in accordance with Chapter 17.36 of this code;

Make final determination on architectural and landscaping design matters for minor site plan review applications when referred by Community Development Director;

Make final determination on architectural and landscaping design matters for external remodeling of commercial, industrial, institutional and large scale multiple-family developments, when no Planning Commission review is otherwise required, or except for minor site plan review projects acted upon by the Community Development Director;

Make final determination on architectural and landscaping design matters for projects in the Old Towne Historic District, when no Planning Commission review is otherwise required;

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e.d

f. e

SECTION IX:

Review and make recommendations to the Planning Commission on architectural and landscaping design matters for all development projects and proposed demolitions requiring Planning Commission recommendation or approval;

Make final determination on design review of applications for additional bedrooms or bathrooms in a historic district pursuant to Section

17.28.080(D)(1)(a);

Review and make recommendations to the Zoning Administrator on applications for additional bedrooms or bathrooms in a historic district pursuant to Section 17.28.080(D)(1)(b).

6. Design Review. Nonrecurring temporary uses on properties located within the Old Towne Historic District that meet the Historic Threshold, shall require the approval of the Design Review Committee prior to the establishment of the temporary use permit.

SECTION X:

Section 17.10.060(D)(2) of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Site Plan Review – Minor Site Plan Review - Procedure,” is hereby amended in its entirety to read as follows:

2. Procedure. The Community Development Director, pursuant to Section 17.08.020E, shall be responsible for minor site plan review. Once an application for minor site plan review has been deemed complete, the Community Development Director shall, in conjunction with a staff review committee designated by the City Manager, consider and approve, approve with conditions, deny or refer the project to the Design Review Committee and/or the Planning Commission. A continuance may be granted upon mutual consent of the applicant and the Community Development Director.

Appeals from decisions by the Community Development Director shall be made in accordance with the City appeal procedures set forth in Section 17.08.050.

SECTION XI:

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2. Procedure. Community Development Director and Design Review Committee shall serve as the preliminary reviewing bodiesy for major site plan review. Once an application for major site plan review has been deemed complete, both the Community Development Director or Design Review Committee, when the project meets the Historic Threshold , shall independently consider and make a recommendation to approve, approve with conditions, or deny the project. A continuance may be granted upon mutual consent of the applicant and Community Development Director. The recommendations shall be forwarded to the Planning Commission secretary for placement on the Commission's consent calendar, and shall be noticed as provided for in Section 17.08.040. Procedures for acting on consent calendar items shall be established by the Planning Commission and shall be adopted by resolution. The Commission, in considering a site plan review application, shall review the recommendations of the Community Development Director and Design Review Committee. The Commission shall act to approve, approve with conditions or deny the application. A continuance may be granted upon mutual consent of the applicant and Planning Commission. Planning Commission action shall be deemed final unless an appeal to the City Council is filed within 15 days of the decision in accordance with Section 17.08.050.

SECTION XII:

Section 17.10.070(B)(6) of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Design Review – When Design Review is Required,” is hereby amended in its entirety to read as follows:

6. Projects subject to minor site plan review that also involve exterior remodeling of residential, commercial, industrial, and institutional development . that is visible from the public right-of-way.

SECTION XIII:

Section 17.10.070(C) of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Design Review – Initiation and Application,” is hereby amended in its entirety to read as follows:

Initiation and Application. Design review applications shall be filed in accordance with application and submittal requirements . as determined by the Design Review Committee .

Application materials may include site, building and landscape plans, photographs, colored elevations and/or renderings and color and material boards. This information must be of sufficient detail to allow the reviewing body to determine the compatibility of the change to the existing structure, area, or district and that the project meets established design standards and criteria. In addition, to comply with provisions of the California Environmental Quality Act, most projects in historic districts will require an application for environmental review in accordance with Section 17.08.030. Submittal materials shall

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also include information pertaining to scale, massing, streetscape, landscaping and open space.

SECTION XIV:

Design Review Procedure and Criteria. When a matter or application meets the Historic Threshold, the Design Review Committee shall make a recommendation or final determination as authorized by Section 17.08.020(D) to approve, approve with conditions or deny a project at a public meeting. In making such recommendation or determination, the Committee shall consider adopted design standards and guidelines (where applicable), the Secretary of the Interior's Standards and Guidelines for Rehabilitation (where applicable) and the following general criteria in making a project determination:

The project shall have an internally consistent, integrated design theme which is reflected in the following elements:

1. Architectural Features.

The architectural features shall reflect a similar design style or period.

Creative building elements and identifying features should be used to create a high quality project with visual interest and an architectural style.

2. Landscape.

The type, size and location of landscape materials shall support the projects overall design concept.

Landscaping shall not obstruct visibility of required addressing, nor shall it obstruct the vision of motorists or pedestrians in proximity to the site.

Landscape areas shall be provided in and around parking lots to break up the appearance of large expanses of hardscape.

3. 4.

Signage. All signage shall be compatible with the building(s) design, scale, colors, materials and lighting.

Secondary Functional and Accessory Features. Trash receptacles, storage and loading areas, transformers and mechanical equipment shall be screened in a manner which is architecturally compatible with the principal building(s).

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SECTION XV:

Section 17.10.070(G) of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Design Review – Findings Required,” is hereby amended in its entirety to read as follows:

Findings Required. The reviewing body shall make findings for all projects based upon design criteria stated above. A specific finding shall be made for projects as follows:

1. 2.

3. 4.

In the Old Towne Historic District When a matter or application meets the Historic Threshold, the proposed work conforms to the prescriptive standards and design criteria referenced and/or recommended by the Design Review Committee or other reviewing body for the project.

In any National Register Historic District, the proposed work complies with the Secretary of the Interior's standards and guidelines.

The project design upholds community aesthetics through the use of an internally consistent, integrated design theme and is consistent with all adopted specific plans, applicable design standards and their required findings.

For infill residential development, as specified in the City of Orange infill residential design guidelines, the new structure(s) or addition are compatible with the scale, massing, orientation, and articulation of the surrounding development and will preserve or enhance existing neighborhood character.

SECTION XVI:

9. Design Review Required. Design review is required if the project meets the criteria established in Section 17.10.070. DRC's The reviewing body's discretion in requiring conditions of approval and approving homeless shelters is limited to ensuring compliance with applicable design-related standards and guidelines.

SECTION XVII:

Section 17.13.050(AA) of the Orange Municipal Code, “Zoning – Master Land Use Table – Conditional Use Regulations – Hot Dog Vending Carts,” is hereby deleted in its entirety.

SECTION XVIII:

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Section 17.36.060(A)(1) of the Orange Municipal Code, “Zoning – Sign Regulations – Signs General – Sign Program – Multitenant Buildings,” is hereby amended in part to read as follows:

1. Multitenant Buildings. A sign program for all multitenant buildings shall be required to ensure proper design of signage and adequate identification of building tenants.

Such programs shall provide for consistency in the size, color and placement of signs within a property and shall be approved by the Community Development Director, or the Design Review Committee when sign meets Historic Threshold.

SECTION XIX:

3. Mixed Use Zones and Major Commercial Centers. Sign programs for major commercial centers on sites which are located in the C-TR, C-R, C-2 or C-3 zones and are larger than twenty-five (25) acres, and for mixed use, multi -family residential, or multi-tenant commercial uses in the OTMU, NMU and UMU zones, regardless of the size of the site may include criteria that differ from the limitations contained in this chapter. Sign programs for major commercial centers are subject to the review and approval of a conditional use permit by the Planning Commission. Sign programs in mixed use zones are subject to review and approval by the Community Development Director, or the Design Review Committee when sign meets Historic Threshold. Sign programs shall be reviewed based on the following criteria:

The applicant will prepare and submit a detailed proposal that includes architectural plans, a site plan and building elevations. The proposal will delineate and allocate display area for each tenant.

Sign programs for such developments will specify construction and finish materials, fabrication methods, letter styles, proposed use of logos or other corporate icons, color and lighting for all signs.

Display area for wall signs shall be calculated based upon the length of building elevations according to the limits established by Section 17.36.080. In mixed use zoning districts the area of projecting signs shall be calculated based on the standards for wall sign area and counted toward the overall allowable wall sign area for a building. However, sign area may be redistributed among portions of

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building elevations as specified within the sign program, or permitted to increase to the following ratio:

ii.

Two square feet per lineal foot of tenant building frontage, for building elevations situated more than 200 feet from a property line or public street.

Three square feet per lineal foot of tenant building frontage, for building elevations situated more than 300 feet from a property line or public street.

When installed on the same wall of a building which includes an entrance that is accessible to the public, blade signs, sculpted signs or three-dimensional wall signs may extend more than 12 inches from the surface of a wall without being considered a projecting sign. The depth of projection for a wall sign will not be considered when calculating display area.

Signs affixed to the face of a wall may extend upward beyond the roof of a building without being considered a roof sign, provided: (i) the vertical extension beyond the roof line is limited to 25% of the overall height of that wall; or (ii) the sign does not include flat display area, but is instead constructed of three- dimensional elements.

A singular roof sign may be permitted if constructed as a singular architectural element which displays only the name of a development.

Any wall signs proposed on building elevations that are arranged around a central courtyard or open-air pedestrian space which are not visible from a public right - of-way are not subject to regulations of this chapter.

When presented as part of a comprehensive sign program on any development with more than 200 feet of frontage on an arterial highway, the height of a freestanding sign may exceed 15 feet, but is limited to 32 feet, or the maximum height to the roof of any building that is part of the same development, whichever is less. However, any sign higher than 15 feet is subject to the setback for all structures in that same zone, and a landscaped planter must be provided around the base of the sign.

The number and spacing of freestanding signs may differ from those otherwise permitted by this chapter, so long as sign proposals do not exceed limits for aggregate display area, maximum display area and structural height.

Where developments have an internal circulation system of private two-way streets and more than 40 tenants, on -site directional signs may be permitted to a maximum display area of 220 square feet and maximum height of 20 feet, when located more than 100 feet from an arterial street or residential development.

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tenant names (if desired by the applicant) using a uniform or consistent size and style text.

Any sign program that meets Historic Threshold is subject to initial review and recommendation by Design Review Committee (DRC) approval. Sign applications for individual tenants will be subject to final approval by DRC the Community Development Director unless the sign program is specific in describing the height, width and design components of signs for each tenant space.

Sign programs for sites located in the OTMU zones shall also comply with sign regulations included in the City's Historic Preservation Design Standards.

m. The aforementioned criteria are intended as maximum limits that should not be exceeded. However, an applicant may propose sign programs with elements that exceed such limits if the applicant prepares a study justifying why deviation from the criteria is desirable from a land use perspective and will not result in aesthetic and safety impacts significantly greater than those otherwise allowed. The study must address and/or include the following as a minimum:

ii.

iii.

iv.

vi.

vii.

A discussion of the unique planning and physical features of the project site which justify deviation from the criteria set forth in subsections (A)(3)(a)— (l) of this section.

A discussion of how the proposed signage incorporates unique architectural style and special design features such as logos, emblems, murals and pictures that are integrated with the development.

A sight-distance analysis to demonstrate why extra height or display area is needed to promote the development.

An analysis of the range of sign visibility and potential impacts (including impacts caused by lighting) upon surrounding properties or public streets.

Scaled and dimensioned plans that provide an adequate basis of evaluation.

A concluding statement containing an empirical analysis evidencing that the proposed sign program, due to setbacks from arterial streets which exceed the requirements of this section, setbacks from residential areas which exceed the requirements of this section, sign orientation toward the development and other relevant factors, will not impact residential areas or public streets significantly more than otherwise allowed by this section.

The City shall approve such a sign program if it finds that the applicant's study contains the requisite empirical analysis.

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n. Any sign which has been approved under this section may contain noncommercial copy in lieu of any commercial copy.

SECTION XX:

Section 17.36.150(I) of the Orange Municipal Code, “Zoning – Sign Regulations – Special Purpose Sign Regulations – Creative Signs,” is hereby amended to read as follows:

Creative Signs. Creative signs are allowed in the UMU zone. The intention of these provisions is to encourage signs of unique design that exhibit a high degree of imagination, inventiveness, spirit and thoughtfulness. Creatively designed signs should make a positive visual contribution to the overall image of the City, while mitigating the impacts of large, obtrusive or unusually designed signs. Creative signs may be allowed in addition to other project identification signs allowed by this chapter subject to approval of a sign program.

Creative signs, either on their own or as part of a s ign program in combination with other project signage, shall be reviewed by the Design Review Committee and approved by the Planning Commission subject to the following criteria:

1. 2.

Signs may include imagery or graphics that do not advertise a product, business, corporate, or organizational logo. Content may include a civic message, or other neutral subject matter such as geometric shapes, nature images, community history, geographic districts of the City, or other content determined to be similarly neutral by the Community Development Director Planning Commission.

Signs shall be architecturally integrated into a development, and be placed in a logical location in relation to the overall composition of the building facade.

3. Signs shall be located and designed not to cause light and glare impacts on surrounding uses.

4. 5.

Signs may be directly or indirectly illuminated, but shall not include flashing or animated elements in accordance with Section 17.36.040.

Sign area shall be proportionate to the building design and architectural feature upon which the sign is installed upon or associated with.

SECTION XXI:

Section 17.36.150(J) of the Orange Municipal Code, “Zoning – Sign Regulations – Special Purpose Sign Regulations – Murals,” is hereby amended to read as follows:

Murals. Murals are allowed in the OTMU, NMU and UMU zones. Murals should make a positive visual contribution to the overall image of the City and may be allowed in addition to other project identification signs allowed by this chapter. Murals, either on their own or as part of a sign program in combination with other project signage, shall be reviewed by

12 193

the Design Review Committee and approved by the Planning Commission subject to the following criteria:

1. 2.

3. Murals may include imagery or graphics that do not advertise a product, business, corporate, or organizational logo. Content may include a civic message, or other neutral subject matter such as geometric shapes, nature images, community history, geographic districts of the City, or similar content as determined by the Community Development Director Planning Commission.

The area of a mural shall be proportionate to the building design and comply with the provisions of Section 17.36.080(B). The area of a mural shall be included in the maximum allowable number and area of wall signage for a building.

Murals may be directly or indirectly illuminated.

SECTION XXII:

SECTION XXIII:

ADOPTED this ____ day of ________________, 2025.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

13 194

APPROVED AS TO FORM:

Nathalie Adourian, City Attorney, City of Orange

STATE OF CALIFORNIA

COUNTY OF ORANGE

CITY OF ORANGE

)
)
)

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ___ day of _______________, 2025, and thereafter at the regular meeting of said City Council duly held on the ____ day of _____________, 2025 was duly passed and adopted by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCILMEMBERS:

________________________________________
Pamela Coleman, City Clerk, City of Orange

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Agenda Item
Planning Commission
Item #: 4.1. 9/15/2025 File #: 25-0498
TO: Chair and Members of the Planning Commission
THRU: Anna Pehoushek, Assistant Community Development Director FROM: Hayden Beckman, Planning Manager

1. SUBJECT
Public Hearing to consider an Ordinance modifying the duties and responsibilities of the Design Review Committee and finding of CEQA exemption.

2. SUMMARY
The proposed Ordinance amends the Orange Municipal Code to focus the purview of the Design Review Committee (DRC) on projects in historic districts or involving historic structures outside of a district in order to streamline the review process and ensure timely decision-making for projects subject to design review.

3. RECOMMENDED ACTION

1. Conduct and close the Public Hearing.

2. Adopt Planning Commission Resolution No. 10-25 recommending the City Council adopt an Ordinance amending Title 12, Title 16 and Title 17 of the Orange Municipal Code to update duties and responsibilities of the Design Review Committee.

3. Find the Ordinance categorically exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15061 (b)(3).

4. AUTHORIZING GUIDELINES
Orange Municipal Code (OMC) Section 17.08.020 authorizes the Planning Commission to review and make advisory recommendations to the City Council on Zoning Ordinance Amendments.

5. PROJECT BACKGROUND
The City of Orange Design Review Committee (DRC) (formerly the Design Review Board) was established in 1974 by Ordinance No. 4-74 for the purpose of upholding community aesthetics by reviewing the architectural design of new buildings and structures. The DRC currently provides discretionary review and approval for certain development projects and acts in an advisory capacity to the Planning Commission and City Council.

6. PROJECT DESCRIPTION
At the August 12, 2025, City Council meeting, the Council directed staff to prepare an Ordinance that modifies the current purview of the DRC to focus its review on the projects involving historic resources. The subject Ordinance accomplishes that direction, focusing DRC review on the following City of Orange Printed on 9/11/2025Page 1 of 3
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Item #: 4.1. 9/15/2025 File #: 25-0498
types of projects:
· Properties located within a historic district;
· Properties listed on the City’s historic inventory;
· Properties over 50 years old and determined by staff to be historic; or · Demolition of a historic resource.

7. ANALYSIS AND STATEMENT OF THE ISSUES
The Ordinance is in response to direction from the City Council. The Ordinance provides key benefits including:
· Streamlined development review process to support economic development. · Reduced time and cost burdens for the most common types of new development. · Balances the goals of historic preservation with the need for efficient review processes. · Efficient administration of the design review process while maintaining the integrity of historic districts and resources.

8. PUBLIC NOTICE
On August 21, 2025, a notice was published in the Orange City News newspaper for a public hearing before the Planning Commission on September 15, 2025.

9. ENVIRONMENTAL REVIEW
The proposed project is not subject to the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the State CEQA Guidelines (Common Sense Exemption) because it can be seen with certainty that there is no possibility that it would have a significant effect on the environment. For this reason, no further CEQA documentation is required.

10. ADVISORY BOARD ACTION
No advisory board review is required for this Ordinance.

11. ATTACHMENTS
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Item #: 4.1. 9/15/2025 File #: 25-0498
· Attachment 1 Planning Commission Resolution No. PC 10-25 with Draft City Council Ordinance No. XX-25 (Clean)
· Attachment 2 Draft City Council Ordinance No. XX-25 (Redlined) City of Orange Printed on 9/11/2025Page 3 of 3
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City of Orange
Planning Commission
September 15, 2025

MINUTES - DRAFT
The Planning Commission of the City of Orange, California convened on September 15, 2025, at 5:30 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.

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

1.1 PLEDGE OF ALLEGIANCE
Commissioner Tim McCormack led the flag salute.

1.2 ROLL CALL

Present: Leslie, Martinez, Vazquez, Tucker, McCormack, and Vejar

Absent: Maldonado

2. PUBLIC COMMENTS
None.

3. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of said items unless members of the Planning Commission, staff or the public request specific items removed from the Consent Calendar for separate action.

3.1. Approval of meeting minutes of the City of Orange Planning Commission Regular Meeting held on August 18, 2025.

ACTION: Approved minutes as presented.

Approval of the Consent Calendar
A motion was made by Commissioner Tucker, seconded by Vice Chair Leslie, to approve the Consent Calendar. The motion carried by the following vote:

Leslie, Martinez, Vazquez, Tucker, McCormack, and VejarAyes:

NoneNoes:

MaldonadoAbsent:

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Planning Commission Minutes - Draft September 15, 2025

4. PUBLIC HEARINGS

4.1. Public Hearing to consider an Ordinance modifying the duties and responsibilities of the Design Review Committee and finding of CEQA exemption.

Planning Manager, Hayden Beckman, presented a summary of the proposed Ordinance and reviewed direction from the City Council. Community Development Department Director, Russell Bunim, responded to Commissioner questions regarding use of the term of structures versus properties, and what criteria constitutes historic qualification.

Additional discussion with staff included determination of historic significance, demolition of historic structures, and entitlement review procedures.

Chair Vejar opened the public hearing at 6:08 p.m.

Public Speakers:

The following spoke in support of the Ordinance:

Reggie Mundekis
The following spoke in opposition to the Ordinance:

Laura Sandoval, Laura Thomas, Robert Boice, Anne McDermott and Adrienne Gladson.

Chair Vejar closed the public hearing at 6:26 p.m.

Following the public hearing, the Commission discussed the scope of the proposed Ordinance and language amendments. Chair Vejar recommended identifying the threshold of historic significance using a more concise terminology.

A motion was made by Chair Vejar, seconded by Commissioner Leslie to:

1. Adopt Planning Commission Resolution No. 10-25 recommending the City Council adopt an Ordinance amending Title 12, Title 16 and Title 17 of the Orange Municipal Code to update duties and responsibilities of the Design Review Committee, and recommending more concise terminology within the Ordinance to identify the threshold of historic significance.

2. Find the Ordinance categorically exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15061 (b)(3).

The motion carried by the following vote:

Leslie, Martinez, Vazquez, Tucker, and VejarAyes:

McCormackNoes:

MaldonadoAbsent:

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Planning Commission Minutes - Draft September 15, 2025

5. ADJOURNMENT
There being no further business, the meeting was adjourned at 6:58 p.m.

The next Regular Planning Commission Meeting will be held on Monday, October 6, 2025 at 5:30 p.m., in the Council Chamber.
__________________________
Hayden Beckman
Planning Manager

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Agenda Item
Orange City Council
Item #: 9.1. 10/28/2025 File #: 25-0560
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Establishment of permit parking for the Downtown Commercial Core paid parking areas. Resolution No. 11642.

2. SUMMARY
Adoption of Resolution No. 11642 will enable staff to offer parking permit options for residents and businesses located within the downtown paid parking area and establish the fee for business parking permits in this area.

3. RECOMMENDED ACTION
Adopt Resolution No. 11642. A Resolution of the City Council of the City of Orange establishing permit program; permit fees; within paid parking meter zones.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology

6. DISCUSSION AND BACKGROUND
On February 25, 2025 the Orange City Council adopted Ordinance 02-25 establishing Parking Meter Zones, Operations, Fees, and Procedures for the paid parking program. After releasing a Request for Proposals in May 2025, a parking contractor, ACE Parking, LLC (ACE) was chosen to provide parking management services to the City for the paid parking area.

As part of the implementation of the paid parking program, staff has assessed the need to provides some level of permit parking within the paid parking area for those residents and businesses who are adjacent. Ordinance 02-25 allows the Public Works Director to establish permits within the paid parking footprint, in exchange for an administrative fee to be determined by staff as well as set time and location restrictions for these permits.

For residents adjacent to paid parking areas who use City parking lots for their residential parking, staff has proposed a no-fee permit option. The no-fee permit would be consistent with existing permitting of residents in the adjoining mixed-use buildings in the Plaza area. These permits will allow permitted residents to park in the paid City parking lots, and will be valid 7 days a week, 24 City of Orange Printed on 10/23/2025Page 1 of 2
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allow permitted residents to park in the paid City parking lots, and will be valid 7 days a week, 24 hours a day. Eligibility for the residential permit program is proposed as follows:
• For residents living above or within mixed-use buildings in the downtown paid parking footprint (must provide lease, utility bill, etc. for verification) For businesses who have employees that cannot avail themselves of the free parking available in the paid parking area, staff are proposing a permit fee at a rate of $50 per month for each permit.

Permits would be payable in no less than six-month increments. The fee is also based on recovery of overhead costs for administering the paid parking program. These permits will allow permitted employees to park in in the paid City parking lots and will be valid Monday through Friday from 9:00 a.m. to 6:00 p.m. Eligibility for the business permit program is proposed as follows:
• For businesses located within the paid parking zone
• Full-time employees
• Permits must be sponsored by the business, not individual employees • Permit is assigned to a vehicle, not a person
Once the permit program is established, residents and businesses will be invited to submit applications through the City website. City staff and ACE will evaluate the application for eligibility based on set criteria, and if eligible, the permit will be processed, and the license plate information will be entered into the enforcement system. The residential and business permits will be enforced through license plate recognition (LPR) technology. Permit holders will not receive a physical permit, but the license plate for the permitted vehicle will be registered in the City’spermit system. If a permit holder changes vehicles, the resident or business must notify the City to update the permit.

7. ATTACHMENTS
· Resolution No. 11642
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Agenda Item
Orange City Council
Item #: 9.1. 10/28/2025 File #: 25-0560
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Establishment of permit parking for the Downtown Commercial Core paid parking areas. Resolution No. 11642.

3. RECOMMENDED ACTION
Adopt Resolution No. 11642. A Resolution of the City Council of the City of Orange establishing permit program; permit fees; within paid parking meter zones.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology

For residents adjacent to paid parking areas who use City parking lots for their residential parking, staff has proposed a no-fee permit option. The no-fee permit would be consistent with existing permitting of residents in the adjoining mixed-use buildings in the Plaza area. These permits will allow permitted residents to park in the paid City parking lots, and will be valid 7 days a week, 24 City of Orange Printed on 10/23/2025Page 1 of 2
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Item #: 9.1. 10/28/2025 File #: 25-0560
allow permitted residents to park in the paid City parking lots, and will be valid 7 days a week, 24 hours a day. Eligibility for the residential permit program is proposed as follows:
• For residents living above or within mixed-use buildings in the downtown paid parking footprint (must provide lease, utility bill, etc. for verification) For businesses who have employees that cannot avail themselves of the free parking available in the paid parking area, staff are proposing a permit fee at a rate of $50 per month for each permit.

7. ATTACHMENTS
· Resolution No. 11642
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RESOLUTION NO. 11642

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE ESTABLISHING
PERMIT PROGRAM; PERMIT FEES; WITHIN
PAID PARKING METER ZONES.

WHEREAS, the City Council of the City of Orange adopted Ordinance 02-25 on February 25, 2025, establishing Parking Meter Zones; Operations; Fees; and Procedures; and

WHEREAS, Section 10.40.030 establishes paid parking meter zones, hours of operation and fees for the Orange Plaza Commercial Core and Plaza Square park areas, including paid City parking lots; and

WHEREAS, Section 10.40.120 states that the maximum legal parking time for each parking meter space shall be as determined from time to time by resolution; and

WHEREAS, Section 10.40.100 gives authority to the Public Works Director or designee to issue permits, including those by electronic means, for pre -paid parking meter fees and the number limited as determined by the Public Works Director or designee; and

WHEREAS, staff recommends establishing a no-fee parking rate via permit for residents living in the mixed-use buildings within the paid parking area; and

WHEREAS, staff recommends establishing a parking rate via permit for businesses located within the mixed-use paid parking area; and

WHEREAS, staff recommends the residential and business permits be exempt from the time limitations and new limitations established by permit type; and

WHEREAS, staff recommends the residential and business permit use be limited to paid parking lots.

NOW, THEREFORE, BE IT RESOLVED , by the City Council of the City of Orange as follows:

SECTION I:

That residents living in the mixed -use buildings within the paid parking area may be eligible for no-fee parking permits to be used within the paid lots only and are exempt from time limitation, but must follow all other regulatory signage.

SECTION II:

That businesses located within the mixed-use paid parking area may be eligible for reduced fee 206
2 parking permits to be used within the paid lots only and permits will exempt permit holders from additional payment in these lots Monday through Friday between the hours of 9:00 am and 6:00 pm.

SECTION III:

That the reduced fee for business permits for businesses located within the mixed -use paid parking area will be $50 per month.

BE IT FURTHER RESOLVED that the City Council of the City of Orange hereby approves the fees and time limitations associated with residential and business permits within the pai d parking area, and approves the permit lot limitations listed in “EXHIBIT A”.

ADOPTED this day of , 2025

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Natalie Adourian, City Attorney, City of Orange

Attachment: Exhibit A

207
3 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

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Exhibit A

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EXHIBIT A

PAID PARKING AREA PERMIT LOT LIMITATIONS

Residential and Business permits for buildings located withing the mixed-use paid parking area shall be limited to eligibility for reduced-fee parking only in the paid lots listed below:

1. City Parking Lot 1A – South of Chapman Ave, between Orange St. and Grand St

2. City Parking Lot 2 – West of Orange St, between Chapman Ave and Almond Ave.

3. City Parking Lot 3 – West of Orange St, between Maple Ave and Chapman Ave.

4. City Parking Lot 4 – Southwest corner of Maple Ave and Orange St.

5. City Parking Lot 5 – Southeast corner of Maple Ave and Olive St.

6. City Parking Lot 6 – East of Olive St, between Maple Ave and Chapman Ave

7. City Parking Lot 7 – East of Olive St, between Chapman Ave and Almond Ave.

8. City Parking Lot 8 – West of Olive St, between Chapman Ave and Almond Ave.

9. City Parking Lot 9 – Northwest corner of Olive St and Almond Ave. 209
Agenda Item
Orange City Council
Item #: 9.2. 10/28/2025 File #: 25-0558
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of an “Adopt a Box” Utility Box Art and Sponsorship Program in the City.

2. SUMMARY
The Orange “Adopta Box”Utility Box Art Program aims to enhance the visual appeal of the City of Orange by transforming city-owned traffic signal control boxes into vibrant public artworks. Artists and sponsors will be solicited for utility box locations throughout the City.

3. RECOMMENDED ACTION
Approve “Adopt a Box”Utility Box Art and Sponsorship Program and authorize staff to solicit artists and sponsors for the program.

4. FISCAL IMPACT
None. This program would ask individuals or businesses to sponsor the costs of the art wrap and maintenance for select utility boxes in the City.

5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology

6. DISCUSSION AND BACKGROUND
The Utility Box Art Program aims to enhance the visual appeal of the City of Orange by transforming city-owned traffic signal control boxes into vibrant public artworks. These installations would serve as a unique form of communication to a constantly moving audience, adding artistic expression to the City’s streetscapes.

Utility box art will be solicited by a call for a design contest that will invite artwork submissions.

Qualifying applicants must reside in Orange. The utility box program will be open to individual artists, a team of artists, and community groups who have the vision and skills required to create a visually engaging image or artwork design.

Submitted artwork would be screened by City staff to ensure that submittals meet basic program criteria. After the initial screening, a jury of community members, which could include local community organizations, local artists, interested community members, and other City stakeholders, would be assembled.

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Item #: 9.2. 10/28/2025 File #: 25-0558
Selected designs will reflect the spirit and identity of the City of Orange, celebrating its culture, history, and community values. Designs should demonstrate creativity and a strong sense of place, helping to foster community pride and cultural engagement.

The program will be fully supported through a sponsorship program. The program will allow sponsors to support a utility box for up to three years. The sponsorship amount for a will be $3,000 based on the cost to wrap and maintain the box. Wrapped boxes can expect to have a seven-to-ten- year life span. With sponsorship, the City commits to maintaining the box for no less than three years, but it is likely the box will be in place longer. Sponsors will have an area of no more than 20% of the printable area where they can display their brand or note the name of the donor. Sponsors may request a specific utility box location provided the utility box is owned by the City. Utility boxes will be wrapped as sponsorship commitments are received.

Sponsored artwork will be professionally printed on vinyl wraps and installed directly onto utility boxes throughout the city.

City staff will seek both sponsors and artists for the program. In the first year, staff is proposing the sponsorship of seven utility boxes - one in each Council District plus one at large. The actual number of boxes that participate in the program will be fully dependent on the level of sponsorships received.

7. ATTACHMENTS
· Draft “Adopt a Box” Utility Box Art Program
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Agenda Item
Orange City Council
Item #: 9.2. 10/28/2025 File #: 25-0558
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of an “Adopt a Box” Utility Box Art and Sponsorship Program in the City.

3. RECOMMENDED ACTION
Approve “Adopta Box”Utility Box Art Program and authorize staff to solicit artists and sponsors for the program.

4. FISCAL IMPACT
None. This program would ask individuals or businesses to sponsor the costs of the art wrap and maintenance for select utility boxes in the City.

5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology

Utility box art will be solicited by a call for a design contest that will invite artwork submissions.

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Item #: 9.2. 10/28/2025 File #: 25-0558
Selected designs will reflect the spirit and identity of the City of Orange, celebrating its culture, history, and community values. Designs should demonstrate creativity and a strong sense of place, helping to foster community pride and cultural engagement.

Sponsored artwork will be professionally printed on vinyl wraps and installed directly onto utility boxes throughout the city.

7. ATTACHMENTS
· Draft “Adopt a Box” Utility Box Art Program
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City of Orange Utility Box Art Program
• The Utility Box Art Program aims to enhance the visual appeal of the City of Orange by transforming city-owned traffic signal control boxes into vibrant public artworks. These installations serve as a unique form of communication to a constantly moving audience, adding artistic expression to everyday streetscapes. • Selected designs will reflect the spirit and identity of the City of Orange, celebrating its culture, history, and community values. Proposals should demonstrate creativity and a strong sense of place, helping to foster community pride and cultural engagement.
• Accepted artwork will be professionally printed on vinyl wraps and installed directly onto utility boxes throughout the city.
• The City is seeking both sponsors and artist for the program. • First Year-7 locations (one in each Council District plus one at large) Sponsors Needed- “Adopt a Box”
• Program supported by sponsorships.
• Cost to support a box for up to three years is $3,000 • Sponsors will have an area designated on the box (no more than 20% of printable area) where they can display brand or note name of donor. • Sponsors can request a specific utility box location providing that the utility box is owned by the City. Final placement is at the discretion of the City. • Boxes will be wrapped as sponsorship commitments are received.

Utility Box Wraps
• Only vinyl wraps will be used. Vinyl wraps are a polyester film with a clear gloss that has an anti-graffiti overlaminate. Once a design is approved through application process (see below), vinyl wraps take 4 to 8 weeks to install. Artists submit photos of the artwork they wish to display, a city approved contractor/vendor measures the box, orchestrates the placement and applies the vinyl wrap.
• Why use vinyl wraps instead of painting directly onto the utility box?

1. Graffiti Deterrent- Vinyl wraps deter and repel graffiti, in part because it's hard to paint over the surface and in part because it's hard to see any spray painted or carved in symbols outside the artwork.

2. Long Lasting- On average, vinyl wraps typically last three years. The colors fade a lot slower than typical house paint or acrylic. Wraps have a greater ability to be repaired than a box that is painted.

3. Quality and General Appearance- The appearance of each utility art box holds up nicely and the colors remain vibrant over time. They can also be cleaned easily.
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“Call for Art”-Selection of Art for Program
• Art will be solicited by a call for design contest that will invite designs. • ARTIST ELIGIBILITY & BASIC INFORMATION-

1. The Utility Box Art program is open to individual artists, a team of artists or community groups who have the vision and skills required to create a visually engaging image or artwork design for a vinyl wrap.

• Qualifying applicants must reside in Orange.
• Applicants may apply online or submit a paper copy of the form
• Each applicant must provide a high-quality photo(s) of their proposed artwork (1 to 5 high resolution, 300 dpi, art design files with the dimensions of 40 inches wide by 20 inches high).
• All artists under the age of 18 must provide a parent or guardian name and have them sign off on their application by agreeing to the statements at the end of the online and paper applications.
• Recommendations for submitting a design:
• Ensure that artwork is appropriate for all ages- no
political, religious or discriminatory subject matter
will be considered.
• Consider using bright colors and heavy outlines,
as they look best from the afar.
• Envision how the design will translate onto a box
shape and if it will be visually interesting from all
angles and directions.
• Utilize the utility box diagram to envision how the
artwork might look on the shape of the box.
• Utility Box locations are chosen or approved by city staff, but suggestions are welcome.
• SELECTION OF ARTIST-
• Initial screening will be by City staff to ensure that submittals meet basic program criteria.
• After initial staff screening, a jury of community members which could include local community organizations, local artist(s), interested community member(s), and other city stakeholders will be assembled.
215

• The jury will make selections of art that will be held and used to wrap utility boxes as funding though sponsorships
become available.
• Art submissions should include themes that reflect one or more of the categories below:

Categories:
• Orange History: Depict pivotal moments, stories, and
people from Orange’s past that shaped its identity and
legacy.
• Orange Landscapes & Nature: Let your art
celebrate our parks, landscapes, nature, and animals
that call Orange home.
• Orange Living: Embrace the vibrant daily life,
cultures, and traditions thriving in Orange.
• Orange Youth: Channel the energy, dreams, and
aspirations of the younger generation in Orange.

Show the world through their eyes—their dreams,
visions for the future, diverse talents, and unique
perspectives.

216
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16 September 2025
Amy Harpster
Orange Public Library
407 E. Chapman Avenue
Orange, CA 92866
Dear Amy Harpster,
We are pleased to provide funds to support your California Library Literacy Services program and the important work that you, your staff, and your volunteers do in your community.

The block grant model does not apply to English as a Second Language Services funds for the 2025-2026 project period.

Thank you for your willingness to do so much for those in your community. Best wishes for a successful year.

Orange City CouncilOctober 28, 2025

Orange City Council
October 28, 2025