207
Safety Department Guideline for further details. The private fire hydrant system must be reviewed, approved, permitted and installed, tested, and accepted, prior to combustible construction.
g.
The existing fire hydrant system is insufficient to provide the required fire flow and additional public and/or private fire hydrants are required. Plans and specifications must be submitted, reviewed, approved and permits issued prior to the installation.
h. Prior to combustibles being brought to the site or premises final inspection (storage yards), the developer shall provide written certification from the local water purveyor, dated within the last thirty days, that:
i. All public fire hydrants or water purveyor connections required for the project have been installed, tested, and approved; and
ii. Are permanently connected to the public water main system; and i ii. Are capable of supplying the required fire flow as required by the City of Placentia Fire & Life Safety Department.
88. Prior to Demolition and Construction:
a. Prior to demolition and construction, the applicant shall provide for the necessary requirements found in the California Fire Code Chapter 33 — Fire Safety During Demolition and Construction and ensure that the controls and safeguards are maintained.
b. Fire Apparatus Access roads (all roads in project) shall be usable (paved), accessible and fire hydrant(s) shall be capable of flowing required GPM and shall be tested/accepted by the City of Placentia Fire & Life Safety Department prior to dropping any lumber for construction.
c. Lumber drop inspection — an inspection shall be scheduled with a PFLSD inspector to verify that access roadways and operable hydrants have been provided for buildings under construction. For buildings of Type IV and V construction (and non-combustible structures that may have a portion of the exterior walls, facade, or other building elements comprised of wood or other combustible material), a lumber drop inspection shall occur prior to bringing combustible building materials on site. See additional requirements found within the guideline for the City of Placentia Fire & Life Safety Department — Water and Access requirements ( https://www.placentia.org/929/Community- Risk-Reduction)
89. Prior to occupancy:
Resolution No. PC -2026-03
Attachment "A"
208
a. Permanent residential three-dimensional street numbers, at a minimum of 4 inches in height, shall be provided on the address side of the building at the highest point and furthest projection of the structure. The address shall be illuminated and visible from the street and shall not be obstructed in any manner. Additional addressing is required to meet these requirements and be installed above each garage unit for fire department access requirements. b. Any gate or barrier across a fire access roadway, whether manual or automatic, must meet the City of Placentia Fire & Life Safety Department requirements and have specific plans and permits approved prior to installation. Gates serving multi -family, assembly, educational, hazardous, institutional, or storage structures must be automatic and meet UL 325 and ASTM F2200 standards.
Knox brand key -operated electric key switch keyed to the City of Placentia Fire & Life Safety Department specification are required. The Knox switch shall override all gate functions and open the gate. Other access control systems, such as pre-emption device eyes, are also required and must be installed as directed by the Fire Marshal. Gates across fire apparatus access roadways must clearly indicate compliance with this section on the fire access and site plan
c. Fire lane designations shall be required for all fire access roadways as determined by the City of Placentia Fire & Life Safety Department. Posted signs which state "FIRE LANE, NO PARKING CVC 22500.1" shall be installed every 50 feet along the fire lanes. See City of Placentia Fire & Life Safety Department guideline for further requirements and details. Curbs shall be painted red and stenciled with white letters indicating the same on the face and top of any curb as directed by the City of Placentia Fire & Life Safety Department. All Fire lanes shall be marked and identified prior to any Certificate of Occupancy being issued.
d. Prior to Fire Department clearance for occupancy, an automatic fire sprinkler system shall be installed. The system shall comply with NFPA #13-D Standard for Automatic Fire Sprinkler Systems -Single Family Dwelling. Plans will be accepted only electronically and shall include fire sprinkler piping plans and details, hydraulic calculations, and material specifications sheets for all equipment used in the system and shall be submitted per the policy of the City of Placentia Fire & Life Safety Division for electronic submission. These shall be submitted by a State of California Licensed C-16 Contractor for review, approval, and permits must be issued prior to commencing work. The project is considered as a townhome design which authorizes the use of the NFPA 13- D system, with separate water meters for each unit.
Resolution No. PC -2026-03
Attachment "A"
209
POLICE DEPARTMENT
90. The applicant, property owner, and their successors in interest shall comply with all applicable provisions of the Placentia Police Department Standard Building Security Requirements for standard residential development standards (October 2022), as adopted by the Chief of Police pursuant to California Penal Code Section 14051. Said document, in its entirety, is hereby incorporated by reference as though fully set forth herein and shall constitute binding conditions of approval applicable to the hotel development project.
Prior to the issuance of any building permit, plans shall be submitted to the satisfaction of the Chief of Police and the Director of Development Services demonstrating conformance with all applicable standards contained therein, including but not limited to provisions governing items as building access, lighting, parking areas, emergency response access, and construction site security.
Any modification, deviation, or waiver from the adopted Standard Building Security Requirements shall require the prior written consent of the Chief of Police, whose determination shall be final unless otherwise appealed in accordance with the procedures set forth in the Placentia Municipal Code.
Failure to maintain compliance with the approved standards and any subsequently authorized modifications shall constitute a violation of this approval and may result in the suspension or revocation of project entitlements pursuant to Chapter 23.87 of the Placentia Municipal Code.
Resolution No. PC -2026-03
Attachment "A"
210
PLACENTIA & ORANGETHORPE
TOWNHOMES
Sheet List Table
Sheet Number Sheet Title
A0.0 TITLE SHEET
A1.00 SITE PLAN
A2.00 BUILDING A PERSPECTIVE
A2.01 BUILDING A ELEVATIONS
A2.02 BUILDING A PLANS
A2.03 BUILDING B PERSPECTIVE
A2.04 BUILDING B ELEVATIONS
A2.05 BUILDING B PLANS
A2.06 BUILDING C PERSPECTIVE
A2.07 BUILDING C ELEVATIONS
A2.08 BUILDING C PLANS
A2.09 BUILDING D PERSPECTIVE
A2.10 BUILDING D ELEVATIONS
A2.11 BUILDING D PLANS
A2.12 BUILDING E PERSPECTIVE
A2.13 BUILDING E ELEVATIONS
A2.14 BUILDING E PLANS
A2.15 BUILDING F PERSPECTIVE
A2.16 BUILDING F ELEVATIONS
A2.17 BUILDING F PLANS
A2.18 BUILDING G1 PERSPECTIVE
A2.19 BUILDING G1 ELEVATIONS
A2.20 BUILDING G2 PERSPECTIVE
A2.21 BUILDING G2 ELEVATIONS
A2.22 BUILDING G PLANS
A2.23 BUILDING H PERSPECTIVE
A2.24 BUILDING H ELEVATIONS
A2.25 BUILDING H PLANS
A3.00 PRODUCT A - PLAN 1 & 2
A3.01 PRODUCT A - PLAN 3 & 4
A3.02 PRODUCT A - PLAN 5A
A3.03 PRODUCT A - PLAN 5B
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PLACENTIA, CA
SCHEMATIC DESIGN
March 4, 2026
TITLE SHEET A0.0
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PROJECT INFORMATION
APN:
Address: 776 S Placentia
City: Placentia, CA
County: Orange County
Zoning: SP -5
SP -5 DEVELOPMENT STANDARDS
Building Height: 75'
Coverage: 85%
Setbacks:
Front: 10'
Side: 10'
Rear: 10'
Open Space Required per R-3: 200 sf/unit
SITE SUMMARY
Site Area: ±2.72 acres
Units:
FA
3 units -
3 units -
35 units -
29 units -
3 units -
2 units -
P5a (1624nsf
P5b (1666nsf
75 units - Total
Density: ±27.6 du/ac
2bed/2.5ba)
2bed/2.5ba)
3bed/3ba)
3bed/3.5ba)
— 3bed/+LW/3.5ba)
— 3bed/+LW/3.5ba)
Open Space Provided: ±16,000sf (±213sf/unit)
co
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27.3'
32.5'
32.5' 32.5'
ktgyN8882.04254612.518349 I ktgy.com
BLACKWOOD
PLACENTIA & ORANGETHORPE
PLACENTIA, CA
0 30
SCHEMATIC DESIGN
March 4, 2026
212
ktgy
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No.20241213
BLACKWOOD PLACENTIA & ORANGETHORPE
PLACENTIA, CA
NTS
SCHEMATIC DESIGN BUILDING A PERSPECTIVE
March 4, 2026
DUPLEX I COLOR SCHEME 1
A2.00
4 LEFT
RIGHT
MATERIAL LEGEND - COLOR SCHEME 1
1. COMPOSITE SHINGLE ROOF 9. SECTIONAL GARAGE DOOR
2. VERTICAL SIDING (NOT USED) 10. DECORATIVE LIGHTS &
3. HORIZONTAL SIDING ADDRESS SIGN
4. STUCCO 11. MECH. CLOSET
5. FRONT DOOR 12. AWNING
6. VINYL WINDOWS 13. FAUX JULIET BALCONY
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888.456.5849 I ktgy.com BLACKWOOD PLACENTIA & ORANGETHORPE No.20241213
PLACENTIA, CA
I I I I
0 2 4
8 Scale 1/4" =1'-0"
SCHEMATIC DESIGN
BUILDING A ELEVATIONS A2.01
March 4, 2026 DUPLEX
214
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888.456.5849 I ktgy.com BLACKWOOD PLACENTIA & ORANGETHORPE No.20241213
PLACENTIA, CA
I I I I
0 4 8
SCHEMATIC DESIGN
BUILDING A PLANS A2.02
16 March 4, 2026 4-PLEX
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888.456.5849 I ktgy.com
No.20241213
BLACKWOOD PLACENTIA & ORANGETHORPE
PLACENTIA, CA
NTS
SCHEMATIC DESIGN BUILDING B PERSPECTIVE
March 4, 2026
4-PLEX I COLOR SCHEME 1 - ENHANCED
LEFT
11 2
RIGHT
MATERIAL LEGEND - COLOR SCHEME 1 ENHANCED
1. COMPOSITE SHINGLE ROOF
2. VERTICAL SIDING
3. HORIZONTAL SIDING
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6. VINYL WINDOWS
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888.456.5849 I ktgy.com
No.20241213
BLACKWOOD
PLACENTIA & ORANGETHORPE
PLACENTIA, CA
SCHEMATIC DESIGN BUILDING B ELEVATIONS
March 4, 2026 4-PLEX
A2.04
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No. 20241213
BLACKWOOD PLACENTIA & ORANGETHORPE
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0 4 8 16
SCHEMATIC DESIGN
March 4, 2026
BUILDING B PLANS
4-PLEX
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ktgy
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No.20241213
BLACKWOOD PLACENTIA & ORANGETHORPE
PLACENTIA, CA
I I I
NTS
SCHEMATIC DESIGN
March 4, 2026
BUILDING C PERSPECTIVE
4-PLEX I LIVE/WORK I COLOR SCHEME 2 - ENHANCED
4 LEFT
11 RIGHT
MATERIAL LEGEND - COLOR SCHEME 2 ENHANCED
1. COMPOSITE SHINGLE ROOF 9. SECTIONAL GARAGE DOOR
2. VERTICAL SIDING 10. DECORATIVE LIGHTS &
3. HORIZONTAL SIDING ADDRESS SIGN
4. STUCCO 11. MECH. CLOSET
5. FRONT DOOR 12. AWNING
6. VINYL WINDOWS 13. FAUX JULIET BALCONY
7. METAL RAILING (NOT USED)
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SCHEMATIC DESIGN
BUILDING C ELEVATIONS A2.07
March 4, 2026 4-PLEX I LIVE/WORK
48'-6"
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ktgy
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No. 20241213
BLACKWOOD PLACENTIA & ORANGETHORPE
PLACENTIA, CA
0 4 8 16
SCHEMATIC DESIGN
March 4, 2026
BUILDING C PLANS
4-PLEX I LIVE -WORK
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No. 20241213
BLACKWOOD PLACENTIA & ORANGETHORPE
PLACENTIA, CA
NTS
SCHEMATIC DESIGN BUILDING D PERSPECTIVE A2.09
March 4, 2026
6-PLEX I COLOR SCHEME 1
LEFT
lip
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MATERIAL LEGEND - COLOR SCHEME 1
1. COMPOSITE SHINGLE ROOF
2. VERTICAL SIDING
3. HORIZONTAL SIDING
4. STUCCO
5. FRONT DOOR
6. VINYL WINDOWS
7. METAL RAILING (NOT USED)
8. SLIDING GLASS DOOR (NOT USED)
9. SECTIONAL GARAGE DOOR
10. DECORATIVE LIGHTS &
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11. MECH. CLOSET
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No.20241213
PLACENTIA & ORANGETHORPE
PLACENTIA, CA
SCHEMATIC DESIGN BUILDING D ELEVATIONS
March 4, 2026 6-PLEX
A2.10
223
THIRD FLOOR PLAN
1 PLAN 4
47'-0"
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888.456.5849 I ktgy.com BLACKWOOD PLACENTIA & ORANGETHORPE No. 20241213
PLACENTIA, CA
I I I I
0 4 8
SCHEMATIC DESIGN
BUILDING D PLANS A2.11
16 March 4, 2026 6-PLEX
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BLACKWOOD PLACENTIA & ORANGETHORPE
PLACENTIA, CA
NTS
SCHEMATIC DESIGN BUILDING E PERSPECTIVE
March 4, 2026
7-PLEX I COLOR SCHEME 1
A2.12
1 LEFT
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RIGHT
MATERIAL LEGEND - COLOR SCHEME 1
1. COMPOSITE SHINGLE ROOF
2. VERTICAL SIDING
3. HORIZONTAL SIDING
4. STUCCO
5. FRONT DOOR
6. VINYL WINDOWS
7. METAL RAILING
8. SLIDING GLASS DOOR
9. SECTIONAL GARAGE DOOR
10. DECORATIVE LIGHTS &
ADDRESS SIGN
11. MECH. CLOSET
12. AWNING
13. FAUX JULIET BALCONY
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ktgy
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No.20241213
BLACKWOOD
PLACENTIA & ORANGETHORPE
PLACENTIA, CA
SCHEMATIC DESIGN BUILDING E ELEVATIONS
March 4, 2026 7-PLEX
A2.13
226
47'-0"
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No. 20241213
BLACKWOOD PLACENTIA & ORANGETHORPE
PLACENTIA, CA
I I I I
0 4 8 16
SCHEMATIC DESIGN
March 4, 2026
BUILDING E PLANS
7-PLEX
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BLACKWOOD PLACENTIA & ORANGETHORPE
PLACENTIA, CA
NTS
SCHEMATIC DESIGN
March 4, 2026
BUILDING F PERSPECTIVE
8-PLEX I COLOR SCHEME 1
A2.15
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RIGHT
MATERIAL LEGEND - COLOR SCHEME 1
1. COMPOSITE SHINGLE ROOF
2. VERTICAL SIDING
3. HORIZONTAL SIDING
4. STUCCO
5. FRONT DOOR
6. VINYL WINDOWS
7. METAL RAILING (NOT USED)
8. SLIDING GLASS DOOR (NOT USED)
9. SECTIONAL GARAGE DOOR
10. DECORATIVE LIGHTS &
ADDRESS SIGN
11. MECH. CLOSET
12. AWNING
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PLACENTIA & ORANGETHORPE
PLACENTIA, CA
SCHEMATIC DESIGN BUILDING F ELEVATIONS
March 4, 2026 8-PLEX
A2.16
229
47'-0"
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I I I I
0 4 8 16
SCHEMATIC DESIGN
March 4, 2026
BUILDING F PLANS
8-PLEX
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BLACKWOOD PLACENTIA & ORANGETHORPE
PLACENTIA, CA
NTS
SCHEMATIC DESIGN BUILDING G1 PERSPECTIVE
March 4, 2026
8-PLEX LIVE/WORK I COLOR SCHEME 2 - ENHANCED
A2.18
LEFT
RIGHT
MATERIAL LEGEND - COLOR SCHEME 2 ENHANCED
1. COMPOSITE SHINGLE ROOF
2. VERTICAL SIDING
3. HORIZONTAL SIDING
4. STUCCO
5. FRONT DOOR
6. VINYL WINDOWNOT USED)
7. METAL RAILING (NOT USED)
8. SLIDING GLASS DOOR
9. 10.
SECTIONAL GARAGE DOOR
DECORATIVE LIGHTS &
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ktgy
888.456.5849 I ktgy.com
No.20241213
BLACKWOOD
PLACENTIA & ORANGETHORPE
PLACENTIA, CA
SCHEMATIC DESIGN BUILDING G1 ELEVATIONS
March 4, 2026
8-PLEX LIVE/WORK
ktgy
888.456.5849 I ktgy.com
No. 20241213
BLACKWOOD
PLACENTIA & ORANGETHORPE
PLACENTIA, CA
NTS
SCHEMATIC DESIGN
March 4, 2026
BUILDING G2 PERSPECTIVE
8-PLEX LIVE/WORK I COLOR SCHEME 2 - ENHANCED
A2.20
11 3
13 LEFT
L�
RIGHT
MATERIAL LEGEND - COLOR SCHEME 2 ENHANCED
1. COMPOSITE SHINGLE ROOF 9. SECTIONAL GARAGE DOOR
2. VERTICAL SIDING 10. DECORATIVE LIGHTS &
3. HORIZONTAL SIDING ADDRESS SIGN
4. STUCCO 11. MECH. CLOSET
5. FRONT DOOR 12. AWNING
6. VINYL WINDOWNOT USED) 13. FAUX JULIET BALCONY
7. METAL RAILING (NOT USED)
8. SLIDING GLASS DOOR
FRONT
REAR
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O
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ktgy
888.456.5849 I ktgy.com BLACKWOOD PLACENTIA & ORANGETHORPE No. 20241213 PLACENTIA, CA
SCHEMATIC DESIGN
March 4, 2026
BUILDING G2 ELEVATIONS A2.21
8-PLEX I LIVE/WORK
234
RIGHT
MATERIAL LEGEND - COLOR SCHEME 2 ENHANCED
1. COMPOSITE SHINGLE ROOF 9. SECTIONAL GARAGE DOOR
2. VERTICAL SIDING 10. DECORATIVE LIGHTS &
3. HORIZONTAL SIDING ADDRESS SIGN
4. STUCCO 11. MECH. CLOSET
5. FRONT DOOR 12. AWNING
6. VINYL WINDOWNOT USED) 13. FAUX JULIET BALCONY
7. METAL RAILING (NOT USED)
8. SLIDING GLASS DOOR
FRONT
REAR
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Level 3 • N
O
+1
Level 2
a)
Level 1
ktgy
888.456.5849 I ktgy.com BLACKWOOD PLACENTIA & ORANGETHORPE No. 20241213 PLACENTIA, CA
SCHEMATIC DESIGN
March 4, 2026
BUILDING G2 ELEVATIONS A2.21
8-PLEX I LIVE/WORK
234
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ktgy
888.456.5849 I ktgy.com
No. 20241213
BLACKWOOD PLACENTIA & ORANGETHORPE
PLACENTIA, CA
I I I I
0 4 8
SCHEMATIC DESIGN
16 March 4, 2026
BUILDING G PLANS
8-PLEX I LIVE -WORK
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ktgy
888.456.5849 I ktgy.com
No. 20241213
BLACKWOOD PLACENTIA & ORANGETHORPE
PLACENTIA, CA
NTS
SCHEMATIC DESIGN BUILDING H PERSPECTIVE
March 4, 2026 10-PLEX I COLOR SCHEME 1
A2.23
LEFT
8 7
RIGHT
MATERIAL LEGEND - COLOR SCHEME 1
1. COMPOSITE SHINGLE ROOF
2. VERTICAL SIDING
3. HORIZONTAL SIDING
4. STUCCO
5. FRONT DOOR
6. VINYL WINDOWS
7. METAL RAILING
8. SLIDING GLASS DOOR
9. SECTIONAL GARAGE DOOR
10. DECORATIVE LIGHTS &
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888.456.5849 I ktgy.com
No.20241213
BLACKWOOD
PLACENTIA & ORANGETHORPE
PLACENTIA, CA
SCHEMATIC DESIGN
March 4, 2026
BUILDING H ELEVATIONS
10-PLEX
A2.24
237
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ktgy
888.456.5849 I ktgy.com
No. 20241213
BLACKWOOD PLACENTIA & ORANGETHORPE
PLACENTIA, CA
I I I I
0 4 8 16
SCHEMATIC DESIGN
March 4, 2026
BUILDING H PLANS
10-PLEX
29'-3"
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PRIMARY BED
12'-0" x 13'-6"
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11'-0" x 10'-0"
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1ST FLOOR
97 SQ. FT.
2ND FLOOR
539 SQ. FT.
3RD FLOOR
571 SQ. FT.
TOTAL LIVING
1207 SQ. FT.
DECK
79 SQ. FT.
GARAGE
437 SQ. FT.
PLAN 1 GROSS SF
2BD/2.5BA
1ST FLOOR
109 SQ. FT.
2ND FLOOR
579 SQ. FT.
3RD FLOOR
603 SQ. FT.
TOTAL LIVING
1291 SQ. FT.
DECK
87 SQ. FT.
GARAGE
459 SQ. FT.
SECOND FLOOR PLAN
PLAN 2 NET SF
2BD/2.5BA
1ST FLOOR
82 SQ. FT.
2ND FLOOR
556 SQ. FT.
3RD FLOOR
582 SQ. FT.
TOTAL LIVING
1220 SQ. FT.
DECK
68 SQ. FT.
GARAGE
484 SQ. FT.
PLAN 2 GROSS SF
2BD/2.5BA
1ST FLOOR
91 SQ. FT.
2ND FLOOR
596 SQ. FT.
3RD FLOOR
616 SQ. FT.
TOTAL LIVING
1303 SQ. FT.
DECK
76 SQ. FT.
GARAGE
511 SQ. FT.
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ktgy
888.456.5849 I ktgy.com BLACKWOOD PLACENTIA & ORANGETHORPE No. 20241213
PLACENTIA, CA
I I I I
0 2 4 8
SCHEMATIC DESIGN
March 4, 2026
UNIT PLANS
PLAN 1&2
32'-6"
16'-2"
16'-2"
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 -y dl 1 1 1 1 1 1 1 1 1 1 1 1 1 �I I I I I.
BED 2
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11'-0"x 15-9"
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THIRD FLOOR PLAN
32'-6"
16'-2"
16'-2"
W.I.C.
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BED 3
10'-1"x9'-0"
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32'-6"
11'-8"
20'-8"
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BATH 3
mEt
BED 3
10'-5" x 10'-5"
PLAN 4
SECOND FLOOR PLAN FIRST FLOOR PLAN
PLAN 3 NET SF
3BD/3BA
1ST FLOOR
79 SQ. FT.
2ND FLOOR
710 SQ. FT.
3RD FLOOR
665 SQ. FT.
TOTAL LIVING
1454 SQ. FT.
DECK
N/A
GARAGE
486 SQ. FT.
PLAN 3 GROSS SF
3BD/3BA
1ST FLOOR
86 SQ. FT.
2ND FLOOR
759 SQ. FT.
3RD FLOOR
703 SQ. FT.
TOTAL LIVING
1547 SQ. FT.
DECK
N/A
GARAGE
517 SQ. FT.
PLAN 4 NET SF
3BD/ 3.5BA
1ST FLOOR
302 SQ. FT.
2ND FLOOR
684 SQ. FT.
3RD FLOOR
634 SQ. FT.
TOTAL LIVING
1620 SQ. FT.
DECK
N/A
GARAGE
441 SQ. FT.
PLAN 4 GROSS SF
3BD/ 3.5BA
1ST FLOOR
322 SQ. FT.
2ND FLOOR
732 SQ. FT.
3RD FLOOR
679 SQ. FT.
TOTAL LIVING
1733 SQ. FT.
DECK
N/A
GARAGE
464 SQ. FT.
ktgy
888.456.5849 I ktgy.com BLACKWOOD PLACENTIA & ORANGETHORPE No. 20241213
PLACENTIA, CA
I I I
0 2 4 8
SCHEMATIC DESIGN
March 4, 2026
UNIT PLANS
PLAN 3 & 4
16'-2"
L
I l l l l l l l Ih I'il
0 BATH 2
C C1
IL__J
LAU.
W.I.C.
BED 2
10'-1"x 11'-1"
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BATH
0 0
L
PRIMARY BED
1I -0"x 15-9"
iiip 4 I I I I I I I I I I I I I I I I I I I I I I I I I
THIRD FLOOR PLAN
16'-1 1/2"
0 0 0
L _
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20'-8"
N
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GARAGE
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0 LIVE/WORK
15'-5"x 11'-6"
PDR.
IT
J
SECOND FLOOR PLAN FIRST FLOOR PLAN
PLAN 5A NET SF
3 BD + LIVE/WORK / 3.5 BA
1ST FLOOR
315 SQ. FT.
2ND FLOOR
676 SQ. FT.
3RD FLOOR
633 SQ. FT.
TOTAL LIVING
1624 SQ. FT.
DECK
N/A
GARAGE
441 SQ. FT.
PLAN 5A GROSS SF
3BD/ 3.5BA
1ST FLOOR
338 SQ. FT.
2ND FLOOR
721 SQ. FT.
3RD FLOOR
678 SQ. FT.
TOTAL LIVING
1737 SQ. FT.
DECK
N/A
GARAGE
464 SQ. FT.
ktgy
888.456.5849 I ktgy.com BLACKWOOD PLACENTIA & ORANGETHORPE No.20241213
PLACENTIA, CA
I I I
0 2 4 8
SCHEMATIC DESIGN
March 4, 2026
UNIT PLANS
PLAN 5A
16'-1 1/2"
II7 _
0 3ATH 2
I ��II� �
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/ \-F
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10'-1"x 11'-7"
0 PRIMARY
BATH
0 W.I.C.
mit
PRIMARY BED
13'-3" x 12'-0"
W.I.C.
1 7
THIRD FLOOR PLAN
16'-1 1/2"
W.I.C.
r
BATH 3
BED 3
9'-8" x 12'-4"
KITCHEN
rT
O
L _L
GREATROOM
13'-5" x 21'-8"
SECOND FLOOR PLAN
PLAN 5A NET SF
3 BD + LIVE/WORK / 3.5 BA
1ST FLOOR
333 SQ. FT.
2ND FLOOR
692 SQ. FT.
3RD FLOOR
642 SQ. FT.
TOTAL LIVING
1666 SQ. FT.
DECK
N/A
GARAGE
441 SQ. FT.
PLAN 5B GROSS SF
3BD/ 3.5BA
1ST FLOOR
359 SQ. FT.
2ND FLOOR
740 SQ. FT.
3RD FLOOR
688 SQ. FT.
TOTAL LIVING
1786 SQ. FT.
DECK
N/A
GARAGE
464 SQ. FT.
20'-8"
/ N
/ N
N
GARAGE
\0" x 22'2
X
ENTRY
r 7
L J
PDR.
0 COAT
LIVE/WORK
13'-5" x 13'-3"
;_
FIRST FLOOR PLAN
ktgy
888.456.5849 I ktgy.com BLACKWOOD PLACENTIA & ORANGETHORPE No.20241213
PLACENTIA, CA
I I I
0 2 4 8
SCHEMATIC DESIGN
March 4, 2026
UNIT PLANS
PLAN 5B
BUILDING SUMMARY (PER ARCHITECTURE PLANS)
BUILDING ID
OCCUPANCY TYPE
CONSTRUCTION TYPE
MAX BUILDING FOOT
PRINT (SF)
SPRINKLERED
3 -STORY TOWNHOMES
R3
TYPE V -B
6,745 SF
NFPA 13
FIRE FLOW REQUIREMENTS (PER PFLSD GUIDELINES & CFC TABLE 102.1)
REQUIRED FIRE FLOW
(GPM © 20PSI)
W/SPRINKLER REDUCTION
(GPM © 20PSI)
FLOW
DURATION
MIN # OF
HYDRANTS
AVERAGE HYDRANT
SPACING (FT)
MAXIMUM DISTANCE
TO HYDRANT (FT)
3,875
1,875
3 HOUR
2 450
225
FIRE FLOW CALCULATION AREA (square feet)
FIRE FLOW (gallons/min)
Flow
Duration
Type IA and IB
Type IIA and IIIA
Type IV and VA
Type IIB and IIIB
Type VB
unsprinklered
commercial/SFR
sprinklered
commercial/SFR
0-22700
0-12700
0-8200
0-5900
0-3600
1500/1000
1500/1000
2 22701-30200
12701-17000
8201-10900
5901-7900
3601-4800
1750
1500/1000
30201-38700
17001-21800
10901-12900
7901-9800
4801-6200
2000
1500/1000
38701-48300
21801-24200
12901-17400
9801-12600
6201-7700
2250
1500/1125
48301-59000
24201-33200
17401-21300
12601-15400
7701-9400
2500
1500/1250
59001-70900
33201-39700
21301-25500
15401-18400
9401-11300
2750
1500/1375
70901-83700
39701-47100
25501-30100
18401-21800
11301-13400
3000
1500
3 83701-97700
47101-54900
30101-35200
21801-25900
13401-15600
3250
1625
97701-112700
54901-63400
35201-40600
25901-29300
15601-18000
3500
1750
112701-128700
63401-72400
40601-46400
29301-33500
18001-20600
3750
1875 I
128701-145900
72401-82100
46401-52500
33501-37900
20601-23300
4000
2000
4 145901-164200
82101-92400
52501-59100
37901-42700
23301-26300
4250
2125
164201-183400
92401-103100
59101-66000
42701-47700
26301-29300
4500
2250
183401-203700
103101-114600
66001-73300
47701-53000
29301-32600
4750
2375
203701-225200
114601-126700
73301-81100
53001-58600
32601-36000
5000
2500
225201-247700
126701-139400
81101-89200
58601-65400
36001-39600
5250
2625
247701-271200
139401-152600
89201-97700
65401-70600
39601-43400
5500
2750
271201-295900
152601-166500
97701-106500
70601-77000
43401-47400
5750
2875
295901+
166501+
106501-115800
77001-83700
47401-51500
6000
3000
115801-125500
83701-90600
51501-55700
6250
3125
125501-135500
90601-97900
55701-60200
6500
3250
135501-145800
97901-106800
60201-64800
6750
3375
145801-156700
106801-113200
64801-69600
7000
3500
156701-167900
113201-121300
69601-74600
7250
3625
167901-179400
121301-129600
74601-79800
7500
3750
179401-191400
129601-138300
79801-85100
7750
3875
191401+
138301+
85101+
8000
4000
FIRE -FLOW
REQUIREMENT (gpm)
MINIMUM NUMBER OF
HYDRANTS
1,750 or less
1 1,751-2,250
2 2,251-3,250
3 3,251-4,000
4 4,001-5,000
5 5,001-5,500
6 5,501-6,000
6 6,001-7,000
7 7,001 or more
8 or moree
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243
ATTACHMENT 10
ATTACHMENT 14
PLACENTIA FIRE DEPARTMENT ACCESS & WATER PLAN NOTES
INSPECTION REQUIREMENTS
1. PLACENTIA SITE INSPECTIONS ARE REQUIRED FOR THIS PROJECT. PLEASE SCHEDULE ALL FIELD INSPECTIONS AT LEAST 48 HOURS IN ADVANCE. INSPECTIONS CANCELED AFTER 1 P.M. ON THE DAY BEFORE THE SCHEDULED DATE WILL BE SUBJECT TO A RE -INSPECTION FEE. CALL (714) 993-8135 OR EMAIL [email protected] TO SCHEDULE INSPECTIONS.
2. A LUMBER DROP INSPECTION SHALL BE PERFORMED PRIOR TO BRINGING COMBUSTIBLE MATERIALS (OR COMBUSTIBLE FIXTURES AND FINISHES FOR STRUCTURES OF NON-COMBUSTIBLE CONSTRUCTION). ALL-WEATHER ACCESS ROADS CAPABLE OF SUPPORTING 75,000 LBS., TOPPED WITH ASPHALT, CONCRETE, OR EQUIVALENT SHALL BE IN PLACE AND HYDRANTS OPERATIONAL AT TIME OF LUMBER DROP INSPECTION.
3. FOR PROJECTS WITH FUEL MODIFICATION, A VEGETATION CLEARANCE INSPECTION IS REQUIRED PRIOR TO A LUMBER DROP INSPECTION. USE THE FUEL MODIFICATION PLAN SERVICE REQUEST NUMBER TO SCHEDULE THE VEGETATION CLEARANCE INSPECTION.
4. PHASED INSTALLATION OF FIRE ACCESS ROADS REQUIRES ADDITIONAL INSPECTIONS NOT COVERED BY THE FEES PAID AT PLAN SUBMITTAL. CONTACT (714) 993-8135 OR EMAIL [email protected] TO ARRANGE FOR ADDITIONAL INSPECTIONS THAT MAY BE NEEDED AND ANY FEES THAT MAY BE DUE.
5. AN ORIGINAL APPROVED, SIGNED, WET -STAMPED PLACENTIA FIRE ACCESS & WATER PLAN SHALL BE AVAILABLE ON -SITE AT TIME OF INSPECTION.
6. ACCESS ROADS AND HYDRANTS SHALL BE MAINTAINED AND REMAIN CLEAR OF OBSTRUCTIONS AT ALL TIMES DURING AND AFTER CONSTRUCTION. AREAS WHERE PARKING IS NOT PERMITTED SHALL BE CLEARLY IDENTIFIED AT ALL TIMES.
OBSTRUCTION OF FIRE LANES AND HYDRANTS MAY RESULT IN CANCELLATION OR SUSPENSION OF INSPECTIONS.
7. TEMPORARY FUEL TANKS OF 60 OR MORE GALLONS SHALL BE REVIEWED, INSPECTED, AND PERMITTED BY THE PLACENTIA FIRE AND LIFE SAFETY DEPARTMENT PRIOR TO USE.
8. THE PROJECT ADDRESS SHALL BE CLEARLY POSTED AND VISIBLE FROM THE PUBLIC ROAD DURING CONSTRUCTION.
9. ALL GATES IN CONSTRUCTION FENCING SHALL BE EQUIPPED WITH EITHER A KNOX OR BREAKAWAY PADLOCK.
10. BUILDINGS OF FOUR OR MORE STORIES SHALL BE PROVIDED WITH STAIRS AND A STANDPIPE BEFORE REACHING 40 FEET IN HEIGHT.
GENERAL REQUIREMENTS
11. FIRE LANE WIDTHS SHALL BE MEASURED FROM TOP FACE OF THE CURB TO TOP FACE OF THE CURB FOR FIRE LANES
WITH STANDARD CURBS AND GUTTERS AND FROM FLOW -LINE TO FLOW -LINE FOR FIRE LANES WITH MODIFIED CURB DESIGNS (E.G., ROLLED, RAMPED, ETC.). THE DEVELOPER IS RESPONSIBLE TO VERIFY THAT ALL APPROVED PUBLIC WORKS
OR GRADING DEPARTMENT STREET IMPROVEMENT PLANS OR PRECISE GRADING PLANS CONFORM TO THE MINIMUM STREET
WIDTH MEASUREMENTS PER THE APPROVED PLACENTIA FIRE AND LIFE SAFETY DEPARTMENT ACCESS & WATER PLAN AND STANDARDS IDENTIFIED IN PLACENTIA FIRE PREVENTION BUREAU ACCESS 8c WATER GUIDELINE FOR ALL PORTIONS OF THE FIRE ACCESS ROADS.
12. PERMANENT, TEMPORARY, AND PHASED EMERGENCY ACCESS ROADS SHALL BE DESIGNED AND MAINTAINED TO SUPPORT AN IMPOSED LOAD OF 75,000 LBS. AND SURFACED TO PROVIDE ALL-WEATHER DRIVING CAPABILITIES.
13. FIRE LANE SIGNS AND RED CURBS SHALL MEET THE SPECIFICATIONS SHOWN IN PLACENTIA FIRE PREVENTION BUREAU ACCESS & WATER GUIDELINE AND SHALL BE INSTALLED AS DESCRIBED THEREIN. ADDITIONAL FIRE LANE MARKINGS MAY BE REQUIRED AT THE TIME OF INSPECTION DEPENDING ON FIELD CONDITIONS.
14. ALL FIRE HYDRANTS SHALL HAVE A "BLUE REFLECTIVE PAVEMENT MARKER" INDICATING THEIR LOCATION PER THE PLACENTIA STANDARD. ON PRIVATE PROPERTY MARKERS ARE TO BE MAINTAINED IN GOOD CONDITION BY THE PROPERTY OWNER.
15. ADDRESS NUMBERS SHALL BE LOCATED AND BE OF A COLOR AND SIZE SO AS TO BE PLAINLY VISIBLE AND LEGIBLE FROM
THE ROADWAY FROM WHICH THE BUILDING IS ADDRESSED IN ACCORDANCE WITH PLACENTIA FIRE PREVENTION BUREAU ACCESS & WATER GUIDELINE.
16. ACCESS GATES SHALL BE APPROVED PRIOR TO INSTALLATION AND SHALL BE IN COMPLIANCE WITH CHAPTER 5 OF THE CFC AND PLACENTIA PREVENTION BUREAU ACCESS & WATER GUIDELINE.
17. APPROVED ACCESS WALKWAYS SHALL BE PROVIDED TO ALL REQUIRED OPENINGS AND ALL RESCUE WINDOWS.
18. VEGETATION SHALL BE SELECTED AND MAINTAINED IN SUCH A MANNER AS TO ALLOW IMMEDIATE ACCESS TO ALL HYDRANTS,
VALVES, FIRE DEPARTMENT CONNECTIONS, PULL STATIONS, EXTINGUISHERS, SPRINKLER RISERS, ALARM CONTROL PANELS, RESCUE WINDOWS, AND OTHER DEVICES OR AREAS USED FOR FIREFIGHTING PURPOSES. VEGETATION OR BUILDING FEATURES SHALL NOT OBSTRUCT ADDRESS NUMBERS OR INHIBIT THE FUNCTIONING OF ALARM BELLS, HORNS, OR STROBES.
19. DUMPSTERS AND TRASH CONTAINERS LARGER THAN 1.5 CUBIC YARDS SHALL NOT BE STORED IN BUILDINGS OR PLACED WITHIN 5 FEET OF COMBUSTIBLE WALLS, OPENINGS OR COMBUSTIBLE ROOF SAVE LINES UNLESS PROTECTED BY AN APPROVED SPRINKLER SYSTEM.
20. ANY FUTURE MODIFICATION TO THE APPROVED FIRE PREVENTION BUREAU ACCESS & WATER PLAN OR APPROVED SITE PLAN,
INCLUDING BUT NOT LIMITED TO ROAD WIDTH, GRADE, SPEED HUMPS, TURNING RADII, GATES OR OTHER OBSTRUCTIONS, SHALL REQUIRE REVIEW, INSPECTION, AND APPROVAL BY THE PLACENTIA FIRE AND LIFE SAFETY DEPARTMENT.
21. APPROVAL OF THIS PLAN SHALL NOT BE CONSTRUED AS APPROVAL OF ANY INFORMATION OR PROJECT CONDITIONS OTHER
THAN THOSE ITEMS AND REQUIREMENTS IDENTIFIED IN PLACENTIA FIRE PREVENTION BUREAU ACCESS & WATER GUIDELINE AND RELATED PORTIONS OF THE CFC AND CBC. THIS PROJECT MAY BE SUBJECT TO ADDITIONAL REQUIREMENTS NOT
STATED HEREIN UPON EXAMINATION OF ACTUAL SITE AND PROJECT CONDITIONS OR DISCLOSURE OF ADDITIONAL INFORMATION.
ORANGETHORPE & PLACENTIA
PLACENTIA, CA
Parking Enforcement Letter
February 03, 2026
Fire and Life Safety Department
City of Placentia
401 E. Chapman Avenue
Placentia, CA 92870
RE: Orangethorpe & Placentia, 777 W Orangethorpe Avenue Parking Enforcement Plan
The fire lane parking enforcement plan for the above referenced project is stated as follows:
All fire lanes within 777 W. Orangethorpe Avenue shall be maintained and in no event shall parking be permitted along any portion of a street or drive that required fire lanes or any area designated as a fire lane for turn -around purposes either during construction or after occupancy.
Homeowner Association shall adopt reasonable rules and regulations regarding the parking of vehicles along the streets, roads and or drives within the project that are not in conflict with applicable law.
In furtherance thereof, Homeowner Association, through its officers, committees, and agents, will establish the "parking" and "no parking" areas within the property in accordance with Section 22658.2 of the California Vehicle Code and Placentia Fire Prevention Bureau Access & Water Guideline. The law shall be enforced through such rules and regulations by all lawful means, including, written warnings, citing, levying fines and towing vehicles in violation.
Homeowner Association will contract with a certified patrol and towing company to remove vehicles that violate no parking restrictions. First time violators will receive a written warning and with subsequent violations, the vehicle shall be subject to towing. The vehicle owner shall be responsible for all costs incurred in remedying such violation, including without limitation towing cost, citations, and legal fees.
Homeowner Association
Authorized Agent Signature
Specifications for
Fire Lane Entrance Signs
To be used only at vehicle entry points
to areas that contain "Fire Lane —No Parking" signs or red curbs 30"
NOTICE
NO PARKING IN
AREAS MARKED AS
FIRE LANE
VIOLATING VEHICLES
WILL BE CITED
OR TOWED AT
OWNER'S EXPENSE
PLACENTIA POLICE (714) 993-8164
TOWING COMPANY NAME & PHONE #
CVC 22658(a) CVC 22500.1 /
18"
/ 1-3/8" bold red
lettering on white
reflective
2-3/4" bold white
reflective lettering
on red background
1-3/8" bold red
lettering on white
reflective
1" red lettering on
white reflective
background
All sign and lettering dimensions shown are minimums. "Anal Narrow" font used is used in sample above though other legible sans -serif fonts may be acceptable.
This sign shall be posted at all vehicle entrances to areas marked with either red curbs or fire lane "No Parking" signs. Signs shall be securely mounted facing the direction of travel and clearly visible to oncoming traffic entering the designated area. Signs shall be made of durable material and installed per Attachments 13 and 14.
Towing company contact information is required for all properties with a standing written agreement for services with a towing company per the California Vehicle Code. 11/2025
35 FIRE MASTER PLAN
Mounting Specifications for
Fire Lane Entrance and No Parking Signs
18" -I.
J
Pedestrian areas: 7'
All other areas: 5'
24"
• 24"
A
Pedestrian areas: 7'
All other areas: 5'
24"
STANDARD CURB ROLLED CURB
Signs shall be mounted facing the direction of vehicular travel.
Signs may be mounted on existing posts or buildings where the centerline of the sign is no more than 24" from the edge of the roadway.
Depth of bury shall be a minimum of 24" and rebar, a concrete footing, or another method to prevent removal of the sign is recommended. Footings for signs located in the public right-of-way shall be per the local jurisdiction's requirements. 11/2025
42 fr 1 FWCOE
ENGINEERING
600 Wilshire Blvd, Suite 1470
Los Angeles, Ca 90017
213.988.8802 fuscoe.com
FMP-2
Scale AS SHOWN
Job No. 1404-007
Date 2/4/26
F:\PROJECTS\1404\007\PLANS\ENTITLEMENTS\CONCEPTUAL GRADING PLAN\1404-007—CGO5FMP.DWG (02-04-2026 8:24:13AM) Plotted by: ylim 244
/
/
//
i
/
/
/ G�
30' 0' 10' 20' 30'
60'
SCALE: 1" = 30'
/
/
/
/ =4
G
- G
/
/
/
/
//
/ ORifF R0p
/.
EX 30" RCP SD
EX SD
CATCH BASIN
EX SD
CATCH BASIN
/
/
EX 36" RCP SD
EX CURB
& GUTTER
765')
/-G
G
- G
G
- G -
- G
- G -
WETBACK
PL -
PROP MWS
PROTECT IN
PLACE
EXISTING
BLOCK WALL
-'ARC EL 1
-30M oho 55/48
/
/r
41/4-
T IN
LACES
ISTING'
0CX< WALL
PROP SEWER
MANHOLE
APN: 339-112-9
OWNER: McDONALD, JAMES G TRUST
797 W. ORANGETHORPE AVE EX WALL TO
REMAIN
PROP DIVERSION
STRUCTURE
EX PP /N�
EX 36" GAS EX 12" -
SEW -ER
G
1 8DW
D
c
G
-G
PROTECT IN
PLACE
EX DU
PULLBOX
O
G
ORANGETHORPE AVENUE
/
/
/
/
PROP
TRANSFORMER
PROP ROLLED
CURB & GUTTER
PROP DRAIN
INLET
DRAIN
LET
PROP
PARKWAY PROP
CULVERT DRIVEWAY
EX 2" GAS
- G
EX 4" GAS
A
z
w _
w
PARCEL 2
�'o1 I 01110 257/15-16
APN: 339-112-26
OWNER: INFINITE RISING INVESTMENTS LLC
774 PLACENTIA AVE
SETBACK
"-PROP ROLLED
CURB & GUTTER
V
= V PROP FH ---
\I
L
II
II
.-,
EX SL TO BE
RELOCATED
- G
- G
SETBACK
PROP
TRA SFO'
REMOVE EX DRIVEWAY.
EX POWER POLE RECONSTRUCT CURB &
PROTECT IN PLACE GUTTER, AND SIDEWALK
EX PLANTING ESMT
TO BE MODIFIED
- G
PROTECT IN PLACE
SD
SS
PROP SEW
--/
EX PARKING LOT
(NOT A PART)
G
- - =a2
- G
YI
ORANGETHORPE & PLACENTIA
PLACENTIA, CA
dD }
EX 8" AC WATER)
8D\
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EX SL
V /
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/
NUTWOOD AVENUE
COMMONWEALTH AVE
COLLEGE BLVD
LEGAL DESCRIPTION:
PARCEL 1, IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 257, PAGES 15 AND 16 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ASSESSOR PARCEL NUMBER:
339-112-27
BASIS OF BEARINGS:
BEARINGS HEREON ARE IN TERMS OF THE CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS-83) ZONE VI, 2017.50 EPOCH, AS DERIVED LOCALLY BY GPS CONTINUALLY
OPERATING REFERENCE STATIONS BLSA AND CCCS AS PUBLISHED BY THE CALIFORNIA SPATIAL REFERENCE CENTER.
GRID COORDINATES:
BLSA
N=2239164.3938
E=6021324.8174
CCCS
N=2261350.6705
E=6071417.8093
GRID INVERSE BLSA-CCCS:
N66 -06-40.90E 54786.3003 FEET
ALL DISTANCES WERE SCALED TO GROUND BY APPLYING THE COMPUTED COMBINATION FACTOR (CF) 0.9999921993
UTILITY AGENCY
CONTACTS
UTILITY COMPANY
TELEPHONE
AT&T DISTRIBUTION
(714)
575-8320
CHARTER COMMUNICATIONS
(909)
721-8502
GOLDEN STATE WATER
(714)
535-8010 EXT 320
METROPOLITAN WATER-OC
SUPERSTRUCTURE TEAM
(213)
217-6679
SOUTHERN CALIFORNIA EDISON
(714)
870-3149
SOUTHERN CALIFORNIA GAS
(714)
634-7287
SPRINT
(800)
874-2389
ABBREVIATIONS
APN
EX
FH
MH
MWS
PL
PMB
ACCESSOR PARCEL NUMBER
EXISTING
FIRE HYDRANT
MANHOLE
MODULAR WETLAND SYSTEM
PROPERTY LINE
PARCEL MAP BOOK
LEGEND
EXISTING PROPERTY/ROW LINE
PROPOSED PROPERTY/ROW LINE
CENTERLINE
EASEMENTS / SETBACKS
LOT LINES
TECHNICAL SITE PLAN
PP
PROP
RCP
R/W
SD
SL
VICINITY MAP
NOT TO SCALE
POWER POLE
PROPOSED
REINFORCED CONCRETE PIPE
RIGHT OF WAY
STORM DRAIN
STREET LIGHT
1 1 FWCOE
ENGINEERING
600 Wilshire Blvd, Suite 1470
Los Angeles, Ca 90017
213.988.8802 fuscoe.com
C.1
Scale AS SHOWN
Job No. 1404-007
Date 2/18/26
-o
C)
0 F:\PROJECTS\1404\007\PLANS\ENTITLEMENTS\CONCEPTUAL GRADING PLAN \1404-007-CGO1TS.DWG (02-18-2026 4:10:39PM) 245
30' 0' 10' 20' 30'
60'
20 /
/
/ /
68 SCALE: 1" = 30'
20080
//
/
202.0 FO
202.OFS
202.OTC
201.7FS /
PROTECT
PLACE
-EXISTING
BLOCK WALL -r
201.6FS
/1SS \�
200.9 FS
9 Op
476)AFSt/0
F�- �p qTF
SF8
STp��2Q 040,
RB
& GUTTER
PROTECT IN
PLACE
EXISTING
BLOCK WALL
I" 0M
20 20 APN: 339-112-9
WNER: McDONALD, JAMES G TRUST
ORANGETHORPE AVE
PP
FS 201.9FS
FE =202 00'
201.7TC co
2()• 1-F ' CN
i■
200.2 B
� 20o
200.2 TC
X199.5_)FL -
8"CF JOIN
F-
z
W
w
w
201.8
FS 20
FF = 202.0'
202.5
201.5TC
201.2FL
201.6TC
a 201.1 FL
202.5FS
-w
w
0.5% 200.9FL
EX 4" GAS
ORANGETHORPE & PLACENTIA
PLACENTIA, CA
G
�^20er,
I
rC 200.6B
202.5FS
202.3FS
FF = 202.50'
PARCEL 2
P.M J. 257/15-16
APN: 339-112-26
OWNER: INFINITE RISING INVESTMENTS LLC
SETBACK 774 PLACENTIA AVE
202.5FS
202.5FS 202.2GF
4"R
i 9GB
BW
EX POWER POLE - 200.7 TC
PROTECT IN PLACE (200.0)FL
199.8FL JOIN
BE MODIFIED
'RO
DRIVEWAY
207.29
8DW-
FY R" ACS WATER
207.73
-G
201.23
G
207.31
PROTECT IN PLACE
202.7FS
20k,9
G
G
G
202.9FS
202.9FS
202.7FS
FW
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ORgNcFT�ogeF1y �
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12 >,
,
EX PP
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207.77
207.73
EX SL
STAIRS
202.
/k
202
95 203 27
/
8.2 ABBREVIATIONS
APN
BW
DU
EX
GF
FF
FG
FH
FL
FS
PMB
PP
PROP
TRC
TG
SL
ACCESSOR PARCEL NUMBER
BACK OF WALK
DRY UTILITY
EXISTING
GARAGE FINISH FLOOR
FINISHED FLOOR
FINISHED GRADE
FINISHED HYDRANT
FLOW LINE
FINISHED SURFACE
PRIVATE MAILBOX
POWER POLE
PROPOSED
RISE
TOP OF CURB
TOP OF GRATE
STREET LIGHT
LEGEND
CENTERLINE
R/W
LOT LINE
PROPERTY LINE
CITY LIMIT
CONCEPTURAL GRADING PLAN
ENGINEERINGre, )Ftecce
600 Wilshire Blvd, Suite 1470
Los Angeles, Ca 90017
213.988.8802 fuscoe.com
C.2
Scale AS SHOWN
Job No. 1404-007
Date 2/18/26
F:\PROJECTS\1404\007\PLANS\ENTITLEMENTS\CONCEPTUAL GRADING PLAN \1404-007-CG02CG.DWG (02-18-2026 4:11:04PM) Plotted by: ylim 246
30' 0' 10' 20' 30'
60'
//
G
SCALE: 1" = 30'
G
/
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EX SD
CATCH.
0o
4 /8 MFs7/c
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SFkke
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0,44/
/
200.2±RIM
//
//
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30V ACP SD
G
8DW
88. INV --
/ 97.OSD-INV
EX 36" RCP SD
G
-070T)43DW
/
/
PROTECT IN
PLACE
EXISTING
BLOCK WALL
b
APN: 339-112-9
WNER: McDONALD, JAMES G TRUST
797 W 0 ANGETH RP AVE
PROP DIVERSION
STRUC-URE
! ---, 20Q.1 ±RIM
--1-g9:61NV UT -
LT 198.2INW-IN-E
I n 198.0INV-CbUT-W
G -
PROTECT
— IN PLACE— —
EX DU
PULLBOX G
ORANGETHORPE AVENUE
8DW
/
PROP
TRANSFORMER
PROP
TRANSFORMER
FF = 202.00'
PROP PIV
& FDC
u)
8DW .
u
FF = 202 0'
PROP PIV
& FDC
PROP PIV
& FDC
W W
S=0.013 201.0±RIM
a SSINV
201.5±RIM
195.5INV
201.0±RIM
194.5INV
FF = 202.0'
0-
00.1 TC
199.5INV
199.4)FL
PARCEL 2
PI/ .B. 257/15-16
APN: 339-112-26
OWNER: INFINITE RISING INVESTMENTS LLC
774 PLACENTIA AVE
\ 201.8TG
199.8INV
S Q.005 ID
ss S --x.015 ss
'VI FW FW
_EX _PLANTING_
EASEMENT TO —
BE MODIFIED
EX 2" GAS
- G
- G -
EX 4" GAS
ORANGETHORPE 8i. PLACENTIA
PLACENTIA, CA
r_ -G
192.6INV
(192.4)INV±
I.
FF = 202.50'
II I II
OP PI
'FDC
ROP
NS
PROP
FH
202.0±RIM
196.9INV
PROP PIV
& FDC
EX POWER POLE
PROTECT IN PLACE
200.5TG
199.0INV
G
G
G
- G
- G
- G
At-
8DW T 8DW
EX 8" AC WATER
PROTECT IN PLACE
5-- 005 ID
ss ss
I?
TA A
202.5±RIM
196.5INV
//////
G
- G -
G
EX SL
STAIRS
202.5TG
200.41 NV
/ /
I
202.8TG
200.1 INV
14 ow I)/ e zitzitNFR q6R , ��p 2
?S F339 j38
CyT ,
PROP No MgRsyq 8
TRANSFORMER 4FY 4
\
4I/F `i TR
/ \\
ABBREVIATIONS
APN
EX
FF
FH
FL
FS
INV
MWS
PMB
PP
PROP
TC
TG
SL
SD
SS
ACCESSOR PARCEL NUMBER
EXISTING
FINISHED FLOOR
FINISHED HYDRANT
FLOW LINE
FINISHED SURFACE
INVERT
MODULAR WETLAND SYSTEM
PRIVATE MAILBOX
POWER POLE
PROPOSED
TOP OF CURB
TOP OF GRATE
STREET LIGHT
STORM DRAIN
SANITARY SEWER
LEGEND
SD
SS
w
FW
CENTERLINE
R/W
LOT LINE
PROPERTY LINE
CITY LIMIT
PROP STORM DRAIN
PROP SEWER
PROP DOMESTIC WATER
PROP FIRE WATER
CONCEPTUAL UTILITY PLAN
FLSCOE
ENGINEERING
600 Wilshire Blvd, Suite 1470
Los Angeles, Ca 90017
213.988.8802 fuscoe.com
C.3
Scale AS SHOWN
Job No. 1404-007
Date 2/18/26
F:\PROJECTS\1404\007\PLANS\ENTITLEMENTS\CONCEPTUAL GRADING PLAN\1404-007-CGO3CU.DWG (02-18-2026 4:11:32PM) Plotted by: ylim 247
30' 0' 10' 20' 30'
SCALE: 1" = 30'
/
//
///
,
/
0 60'
2/1
' /
/
/
/
/
/.
N
/
/
/
/ /
/
//
//
/ /
/
//
//
/
/
/
/
/
//
/
/
/
//
0 //
/
/
/
/
//
% /
% / /
,
' P 0, \
E L
APN: 339-112-9
/
/
OWNER: McDONALD, JAMES G TRUST
/
/
/
/
/
/
/
/
/
/
/
/
/
SETBACK °
VESTING TENTATIVE TRACT MAP NO. 19467
/
O
/
u
U
COUNTY OF ORANGE, STATE OF CALIFORNIA
PARCEL 2
P.M 3. . 257015-1.6
APN: 339-112-26
OWNER: INFINITE RISING INVESTMENTS EEC
774 PLACENTIA AVE
N74°01'59"E 322.35'
STAIRS
MI Ift MI MI
IV46 4 f!'rl - = E IIN _ = E_ E EE- �! I - = E E = - ritl � E' - J. �O .. l ■■ l•■■ - _a it■■ - a s-. m ■■�J l�■■ m _a a-. m ■■�J e m ■■�J / l�.ttok 1411W
SETBACK
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WEIM■■NIEME■■■■■INN■■■■■r
ODIFIED
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R/W
N401%"52""E 149.93\o
f
/
/ - -
Q
ORANGETHORPE AVENUE
SETBACK
//////
ORANGETHORPE & PLACENTIA
PLACENTIA, CA
4 cr-
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\\\
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;;;%,
N
COMMONWEALTH AVE
STATE COLL
PROJECT
LOCATION
NUTWOOD AVENUE
VICINITY MAP
NOT TO SCALE
I HEREBY STATE THAT THIS MAP WAS PREPARED UNDER MY SUPERVISION AND
THAT OWNER OF THE RECORD HAS KNOWLEDGE OF AND CONSENTS TO THE FILING OF THIS MAP.
BY DATE
SHELBY SHIRLOCK, P.E. RCE NO. C75912
FUSCOE ENGINEERING
600 WILSHIRE BLVD, SUITE 1470
LOS ANGELES, CA 90017
TENTATIVE TRACT MAP
LEGAL DESCCRIPTION
PARCEL 1, IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 257, PAGES 15 AND 16 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
LOT SUMMARY
EXISTING (PARCEL MAP BOOK 257/15-16
PARCEL 1 118,541 SF/2.72 AC
PROPOSED (VTTM XXXX)
LOT 1 118,541/2.72 AC
TITLE EXCEPTIONS
EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS
INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT:
GRANTED TO:
PURPOSE:
RECORDING
RECORDING NO:
THE CITY OF PLACENTIA
TREE PLANTING AND TREE MAINTENANCE
DATE: OCTOBER 26, 1972
IN BOOK 10394, PAGE 627 OF OFFICIAL RECORDS
EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL © THERETO, AS GRANTED IN A DOCUMENT:
GRANTED TO:
PURPOSE:
THE CITY OF PLACENTIA
PUBLIC STREET AND ROAD PURPOSES, PUBLIC UTILITIES,
WIRES, CABLES, CONDUITS, STORM SEWERS, SANITARY
SEWERS AND WATER PIPE LINES (FOR ANY PURPOSES,
POTABLE OR NON -POTABLE, DOMESTIC OR AGRICULTURAL),
A RIGHT-OF-WAY AND EASEMENT
RECORDING DATE: OCTOBER 25, 1990
RECORDING NO: AS INSTRUMENT NO. 90-568234 OF OFFICIAL RECORDS
EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL O7 THERETO AS SET FORTH IN A DOCUMENT:
PURPOSE: UNDERGROUND AND UTILITY PURPOSES
RECORDING DATE: MAY 26, 1992
RECORDING NO: AS INSTRUMENT NO. 92-349909 OF OFFICIAL RECORDS
BASIS OF BEARINGS
BEARINGS HEREON ARE IN TERMS OF THE CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS-83) ZONE VI, 2017.50 EPOCH, AS DERIVED LOCALLY BY GPS
CONTINUALLY OPERATING REFERENCE STATIONS BLSA AND CCCS AS PUBLISHED BY THE CALIFORNIA SPATIAL REFERENCE CENTER.
GRID COORDINATES:
BLSA
N=2239164.3938
E=6021324.8174
CCCS
N=2261350.6705
E=6071417.8093
GRID INVERSE BLSA-CCCS:
N66 -06-40.90E 54786.3003 FEET
ALL DISTANCES WERE SCALED TO GROUND BY APPLYING THE COMPUTED COMBINATION FACTOR (CF) 0.9999921993
OWNERSHIP STATEMENT
I/WE BEING THE OWNER OF RECORD OR AUTHORITY AGENT FOR THE OWNER OF
RECORD OF THE PROPERTY IDENTIFIED HEREON, CONSENT TO THE FILING OF THIS TENTATIVE TRACT MAP.
BY
ENGINEERING0.41S RECOE
6OO Wilshire Blvd, Suite 147O
Los Angeles, Ca 9OO17
213.988.8802 fuscoe.com
C.4
Scale AS SHOWN
Job No. 1404-007
Date 2/18/26
1PM) Plotted
F:\PROJECTS\1404\007\PLANS\ENTITLEMENTS\CONCEPTUAL GRADING PLAN\1404-007-CGO4TM.DWG (02-18-2026 3:
248
215
776 SOUTH PLACENTIA AVENUE
R 774 SOUTH PLACENTIA AVE
215
776 SOUTH PLACENTIA AVENUE t 774 S PLACENTIA AVE
210
205
200
PROP 26' DRIVE AISLE
PROP
BDLG
PROP CURB
& GUTTER
PROP
0" CURB
L= _
10'
EX WALL
TO REMAIN
PROP
GARAGE
2%
MAX
PROP
BDLG
�/ EX BUILDING
TO REMAIN
PROP
PROP
LANDSCAPE
PROP
DRIVEWAY
EX PAVEMENT
PROP LANDSCAPE
210
205
200
195 I 195
190
215
210
205
200
195
190
215
210
205
200
195
190
215
210
205
200
195
190
R/W
CITY OF
SECTION A -A A
SCALE: 1" = 10'
CITY OF
PLACENTIA
AVENUE
C.5
R/W 776 SOUTH PLACENTIA AVE
190
PROP
GARAGE
PROP 26' DRIVE AISLE
2'
PROP 4"
CONCRETE PROP
ROLLED CURB 1% 0" CURB
PROP DRIVEWAY -
10'
r PROP
GARAGE 2%
A
PROP
BLDG
L
EX WALL
TO REMAIN
2%
PROP DRIVEWAY
EX GRADE J PROP
WALKWAY
FULLERTON
PLACENTIA
(80')
(40')
(40')
EX 3' PUBLIC
STREET EASEMENT
30'
(15' )
(6')
(25')
(34')
(34')
PROP 6'
0'
PARWKAY
EX CURB
& GUTTER
PROP CURB
& GUTTER
EX DRIVEWAY TO
SW
PROP
BDLG
1 PROP
GARAGE
MAX
PROP
STEPS
EX GRADE
PROP 26' DRIVE AISLE 2
PROP 4"
PROP CONCRETE
0" CURB ROLLED CURB
1%
PROP
DRIVEWAY
PROP -
D R IVEWAY
PROP
GARAGE
1 PROP
BDLG
1 BE REMOVED
797 W ORANGETHORPE t 776 SOUTH PLACENTIA AVE
12'
EX WALL
TO REMAIN
II
PROP
LANDSCAPE
PROP
BLDG
r,
EX GRADE
SECTION E -E
SCALE: 1" = 10'
215
210
205
200
195
190
ORANGETHORPE
AVENUE
R /W
776 SOUTH PLACENTIA AVENUE
215
210
205
200
195
190
797 W ORANGETHORPE 776 SOUTH PLACENTIA AVE
EX WALL
TO REMAIN •
5.6'
PROP 19' PARKING
PROP 26' DRIVE AISLE
PROP
LANDSCAPE
6" CONCRETE
CURB
/- EX GRADE
BE REMOVED
PROP CROSS
GUTTER
6" CONCRETE
CURB
PROP
LANDSCAPE
ti PROP
BLDG
f
SECTION D -D D
SCALE: 1" = 10'
(70') 1
-
EX 8' (40')
(62')
EX 8'
EX WALL
SIDEWALK
SIDEWALK
PROP �✓.
PROP HARDSCAPE
PROP
EX CURB
EX CURB
& GUTTER
LANDSCAPE
-
BDLG
4- & GUTTER
f-
LJ
EX GRADE
776 SOUTH PLACENTIA AVENUE 735
SECTION F -F
SCALE: 1" = 10'
26'
15'
PROP
GARAGE
2%
MAk
4" CONCRETE PROP
ROLLED CURB 0" CURB
PROP
/ GARAGE
A
PROP
BDLG
EX BDLG TO
BE REMOVED
PROP
WALKWAY I� I
_J L__
W ORANGETHORPE AVENUE
EX BDLG
TO REMAIN
PROP
DRIVEWAY
PROP
DRIVEWAY
PROP
LANDSCAPE
SECTION G -G G
SCALE: 1" = 10'
C.5
ORANGETHORPE & PLACENTIA
PLACENTIA, CA
215
210
205
776 SOUTH PLACENTIA AVENUE h'_ 735
PROP
LANDSCAPE
PROP 6" CURB PROP
& GUTTER 0" CURB
fPROP
GARAGE
200
EX BUGLING
TO BE REMOVED
195
190
A
PROP BDLG
PROP DRIVEWAY
W ORANGETHORPE AVENUE
EX BUILDING
15' ,t` TO BE REMOVED
L _
PROP PEDESTRIAN
WALKWAY
PROP
LANDSCAPE
EX PARKING LOT
SECTION H -H H
SCALE: 1" = 10'
C.5
CROSS SECTIONS
C.5
rifis FWCOE
ENGINEERING
600 Wilshire Blvd, Suite 1470
Los Angeles, Ca 90017
213.988.8802 fuscoe.com
10'
0'
5'
10'
SCALE: 1" = 10'
C.5
Scale AS SHOWN
Job No. 1404-007
Date 2/18/26
F:\PROJECTS\1404\007\PLANS\ENTITLEMENTS\CONCEPTUAL GRADING PLAN \1404-007-CG06CS.DWG (02-18-2026 3:45:41PM) Plotted by:
249
P LAZA
• low wall
• lounge seating
• shade trees
NEIGHBORHOOD ENTRY
TRANSFORMER
PASEO
• walkway to front doors
• enhanced landscape
• screen trees
CENTRAL GREEN
• see sheet L.2
PLAZAS
• live -work patios
• low wall
• accent trees
LANDSCAPE
ARCHITECTURE
BLACKWOOD PLACENTIA & ORANGETHORPE
PLACENTIA, CA
CONCEPTUAL LANDSCAPE PLAN a02.18.2026
o'
i
15' 30'
i
60'
L.1
250
THE LOUNGE
• seating
• decomposed granite
• multi -trunk accent tree
DINING TERRACE
• shade trellis
• built-in bbq counter
• accent paving
• dining tables
• accent planting
EmA
THE LAWN
• open turf
• accent trees
• built-in benches
LANDSCAPE
ARCHITECTURE
BLACKWOOD PLACENTIA & ORANGETHORPE
PLACENTIA, CA
CENTRAL GREEN ENLARGEMENT
02.18.2026
0' 5'
i
i
10' 20'
L.2
251
PROPOSED TREE PALETTE:
ALL PLANTS ARE CAL-IPC NON-INVASIVE and WUCOLS MEDIUM/LOW WATER CONSUMPTIVE (REGION 3 - SOUTH COASTAL) VARIETIES FOR THEIR PROPOSED GROWING CONDITIONS.
THESE PLANTS ARE WATER CONSERVING and USED FOR THEIR DEEP ROOT SYSTEMS WHICH STABILIZES SOIL and MINIMIZES EROSION IMPACTS.
BOTANICAL NAME
COMMON NAME
SIZE
WUCOLS
TREES:
ACACIA PURPUREA
PURPLE ACACIA
Standard
24" BOX
LOW
AGONIS FLEXUOSA
PEPPERMINT WILLOW
Standard
36" BOX
LOW
ARBUTUS x MARINA
HYBRID STRAWBERRY
Multi -Trunk
24" BOX
MEDIUM
ARCHONTOPHOENIX CUNNINGHAMIANA
KING PALM
Multi -Trunk
36" BOX
MEDIUM
CINNAMOMUM CAMPHORA
CAMPHOR TREE
Standard
36" BOX
MEDIUM
JACARANDA ACUTIFOLIA
JACARANDA
36" BOX
MEDIUM
MAGNOLIA G. 'LITTLE GEM'
MAGNOLIA
Low Branch
24" BOX
MEDIUM
MELALEUCA QUINQUENERVIA
CAJEPUT TREE
Multi -Trunk
24" BOX
MEDIUM
METROSIDEROS EXCELSA
NZ CHRISTMAS TREE
Standard
24" BOX
MEDIUM
OLEA 'SWAN HILL'
FRUITLESS OLIVE
Multi Trunk
36" BOX
MEDIUM
PHOENIX DACTYLIFERA 'MEDJOOL'
DATE PALM
32' BTH
MEDIUM
PINUS CANARIENSIS
CANARY ISLAND PINE
24" BOX
LOW
PINUS ELDARICA
AFGHAN PINE
Low Branching
24" BOX
LOW
PINUS TORREYANA
TORREY PINE
Low Branching
24" BOX
LOW
PLATANUS MEXICANA
MEXICAN SYCAMORE
24" BOX
LOW
QUERCUS AGRIFOLIA
COAST LIVE OAK
Standard
36" BOX
LOW
QUERCUS VIRGINIANA
SOUTHERN LIVE OAK
Standard
36" BOX
MEDIUM
RHUS LANCEA
AFRICAN SUMAC
Standard
24" BOX
LOW
TRISTANIA CONFERTA
BRISBANE BOX
Low Branching
24" BOX
MEDIUM
WASHINGTONIA FILIFERA 'HYBRID'
CALIFORNIA FAN PALM
18' BTH
LOW
ACCENT:
ALOE BAINSEII
TREE ALOW
24" BOX
LOW
BRAHEAARMATA
MEXICAN BLUE PALM
24" BOX
LOW
CERCIDIUM X 'DESERT MUSEUM'
HYBRID PALO VERDE
24" BOX
LOW
DRACAENA DRACO
DRAGON TREE
36" BOX
LOW
CERCIS CANADENSIS 'FOREST PANSY'
RED BUD
Standard
36" BOX
MEDIUM
PODOCARPUS 'ICEE BLUE'
LONG -LEAFED
YELLOWOOD
24" BOX
MEDIUM
STREET TREES:
NO STREET TREES PROPOSED
PROPOSED SHRUB PALETTE:
BOTANICAL NAME
COMMON NAME
SIZE
WUCOLS
SHRUBS:
IRRIGATION HYDROZONE 1:
LOW WATER CONSERVING PLANTING AREA:
ECHEVERIA GLAUCA
ECHEVERIA PEACOCKII
AEONIUM ARBOREUM 'SCHWARZKOPF'
AGAVE AMERICANA
ALOE STRIATA
DASYLIRION WHEELERI
HESPERALOE PARVIFLORA
HETEROMELES ARBUTIFOLIA
KALANCHOE BEHARENSIS
MUHLENBURGIA CAPILLARIS
SENECIO MANDRALISCAE
WESTRINGIA FLORIBUNDA
HENS & CHICKS
PEACOCK ECHEVERIA
AEONIUM
CENTURY PLANT
CORAL ALOE
DESERT SPOON
RED YUCCA
TOYON
FELT PLANT
PINK MUHLY
SENECIO
COAST ROSEMARY
1 GAL
5 GAL
5 GAL
15 GAL
5 GAL
15 GAL
5 GAL
15 GAL
15 GAL
5 GAL
1 GAL
5 GAL
LOW
LOW
LOW
LOW
LOW
LOW
VERY LOW
LOW
LOW
LOW
LOW
LOW
IRRIGATION HYDROZONE 2:
MEDIUM I LOW TRANSITION PLANTING AREAS:
AEONIUM 'URBICUM' 'SALAD BOWL'
ALOE BAINSII
ALOE STRIATA
ARBUTUS 'COMPACTA'
BOUGAINVILLEA ROSENKA
CALLISTEMON 'LITTLE JOHN'
CAREX DIVULSA
CHONDROPETALUYM 'ELEPHANTINUM'
DIANELLA REVOLUTA
DRACAENA DRACO
FESTUCA MAIREI
FESTUCA OVINA GLAUCA
LOMANDRA LONGIFOLIA 'BREEZE'
ROSMARINUS PROSTRATUS
SALVIA CLEVELANDII
TEUCRIUM CHAMAEDRYS
AEONIUM
TREE ALOE
CORAL ALOE
DWARF STRAWBERRY
SHRUB BOUGAINVILLEA
DWARF CALLISTEMON
BERKELEY SEDGE
LARGE CAPE RUSH
LITTLE REV
DRAGON TREE
ATLAS FESCUE
BLUE FESCUE
SPINY -HEADED
MAT RUSH
DWARF ROSEMARY
CA BLUE SAGE
GERMANDER
5 GAL
24" BOX
5 GAL
5 GAL
5 GAL.
5 GAL
5 GAL.
5 GAL.
5 GAL
24" BOX
1 GAL
5 GAL
5 GAL.
5 GAL.
5 GAL
5 GAL
LOW
LOW
LOW
LOW
LOW
LOW
MEDIUM
LOW
LOW
LOW
LOW
LOW
MEDIUM
LOW
LOW
LOW
IRRIGATION HYDROZONE 3:
MEDIUM I LOW ENHANCED SHRUBS:
AGAVE ATTENUATA 'NOVA'
ALYOGYNE HUEGELII
ASPARAGUS DENSIPLORUS 'MYERSII'
BOUGAINVILLEA 'LA JOLLA'
CARISSA M. 'HORIZONTALIS'
CRASSULA OVATA
FURCRACEA FOETIDA 'MEDIOPICTA'
PHORMIUM HYBRIDS
PITTOSPORUM C. 'COMPACTUM'
PITTOSPORUM T. 'GOLF BALL'
PRUNUS ILICIFOLIA SPP. LYONII
FOXTAIL AGAVE
BLUE HIBISCUS
MYER ASPARAGUS
BOUGAINVILLEA
NATAL PLUM
JADE PLANT
MAURITIUS HEMP
NEW ZEALAND FLAX
PITTOSPORUM
'GOLF BALL' KOHUHU
CATALINA CHERRY
15 GAL.
15 GAL
5 GAL.
5 GAL.
5 GAL.
15 GAL.
15 GAL.
5 GAL.
5 GAL.
5 GAL.
24" BOX
LOW
LOW
LOW
MEDIUM
MEDIUM
LOW
LOW
LOW
MEDIUM
MEDIUM
VERY LOW
ORGANIC MULCHES:
3" THICK SHREDDED BARK MULCH
(SHRUB AREAS - ALL HYDROZONES)
LIMITED USE AREA (Line of Sight) NOTE:
ALL TREE BRANCHES TO BE TRIMMED TO 8' HIGH ABOVE FINISH GRADE.
ALL SHRUBS WITHIN LIMITED USE AREA TO BE MAINTAINED AT 24" HIGH MAXIMUM.
WATER EFFICIENT LANDSCAPING NOTE:
THE FOLLOWING MEASURES WILL BE INCORPORATED INTO THE PROJECT TO CONSERVE WATER:
1. THE IRRIGATION SYSTEM SHALL MEET THE REQUIREMENTS OF THE CITY OF PLACENTIA LANDSCAPE GUIDELINES FOR WATER EFFICIENT LANDSCAPES.
2. THE ESTIMATED APPLIED WATER USE ALLOWED FOR THE LANDSCAPE AREA SHALL NOT EXCEED THE MAWA CALCULATION.
LANDSCAPE
ARCHITECTURE
BLACKWOOD PLACENTIA & ORANGETHORPE
LANDSCAPE NOTES and PLAN PALETTE L.3
PLACENTIA, CA 02.18.2026
252
IRRIGATION HYD BOZO
N
ES:
HYDRO -ZONE 1 - NORTH/EAST
IRRIGATION TECHNIQUE
FACING - 7,622 S.F.
IRRIGATION
-- -- -
TREES - BUBBLERS
SHRUBS - SUB SURFACE DRIP
HYDRO -ZONE 2 - SOUTH/WEST
IRRIGATION TECHNIQUE
FACING - 13,220 S.F.
IRRIGATION
:;:;2;:::::::::;::::::::::::01
•:::::::::::::::::::::::::::::::;
::::::::::::::::::::::::::::::::*
.❖.❖.o❖.o.❖..•.
'•'''•'''•'•'•'•'''•'''•'''•'•'•'•''
TREES - BUBBLERS
SHRUBS - SUB SURFACE DRIP
HYDRO -ZONE 3 - COURTYARD
IRRIGATION TECHNIQUE
NORTH/EAST - 664 S.F.
IRRIGATION
------------- -
_ ..: ___ :::� _ �� ���
TREES - BUBBLERS
SHRUBS - SUB SURFACE DRIP
HYDRO -ZONE 4 - COURTYARD
IRRIGATION TECHNIQUE
SOUTH/WEST - 726 S.F.
IRRIGATION
TREES - BUBBLERS
SHRUBS - SUB SURFACE DRIP
TOTAL LANDSCAPE AREA: 22,232 S.F.
RA/A4B/RD
California Water Efficient Landscape Worksheet
Reference Evapotranspiration (ET,,)
49.7 Project Type
Residential
455
Hydrozone # / Planting Description
Plant Factor
(PF)
Irrigation
Nlethodb
Irrigation
Efficiency (IE1`
ETAF
(PF/IE)
Landscape Area
(Sq. Ft.)
ETAF x
Area
Estimated Total
Water Use (EIWU1d
Regular Landscape Areas
Hydrozone 1- North/East Facing
0.4 Drip
0.81 0.49
5400
2667
82171
Hydrozone 2 - South/West Facing
OA
Drip
0.81 0.49
9125
4506
138853
Hydrozone 3- Courtyard North/East
0.3 Dn.)
0.81 0.37
1792
664
20451
Hydrozone 4 - Courtyard South/West
03 Drip
0.81 0.37
1850
685
21113
Totals
18167
8522
262589
■
ETWU Total
262589
Maximum Allowed Water Allowance (MAWA)e
307889
ETAF Calculations
Regular Landscape Areas
Total ETAF x Area
8522
Total Area
18167
Average ETAF
0.47 All Landscape Areas
Total ETAF x Area
8522
Total Area
18167
Average ETAF
0.47 Average ETAF for Regular Landscape
Areas must be 0.55 or below for
residential areas, and 0.45 or below for
non-residential areas.
IRRIGATION
EQUIPMENT
SCHEDULE:
IRRIGATION
UTILITIES
WATER METER
1.5" DEDICATED LANDSCAPE WATER METER . SEE CIVIL ENGINEER PLANS.
1.5" BACKFLOW PREVENTION UNIT - TO BE LOCATED IN UTILITY ROOM. FINAL LOCATION TO BE COORDINATED WITH OWNERS REPRESENTATIVE.
GATE VALVE - BLOCKED TRUE UNION PVC - 2" & SMALLER
HQ33-LRC 4" QUICK COUPLER VALVE with LOCKING RUBBER CAP. INSTALLED AT 75' o.c. MAX.
SPACING THROUGHOUT THE SITE.
PGV-ASV SERIES - PLASTIC INDUSTRIAL ELECTRIC REMOTE CONTROL VALVE with ACCU-SYNC ADJUSTABLE PRESSURE REGULATING DIAL - SIZE AS SHOWN ON PLAN. 1" MASTER VALVE - PESB SERIES VALVE
1" IR-100 SERIES FLOW SENSOR
LM
11 14 FEBCO 825Y
I ? WILKINS KING BROS.
HUNTER
HUNTER
MV RAINBIRD
FS DATA INDUSTRIAL
IRRIGATION
CONTROLLER
/A\
NO
SYMBOL
RAINBIRD ESP-LXM/F WALL MOUNT CONTROLLER with FLOW SENSING and RAINBIRD WEATHER SMART ET MANAGER and NECESSARY ACCESSORIES. WEATHER REACH SIGNAL PROVIDER I-(877)-351-6588. ALLOW TWO EXTRA AVAILABLE STATIONS MIN. INCLUDING MASTER VALVE and FLOW STATION. INSTALL in POWDER COATED LOCKING METAL CABINET: LXMM.
RAINBIRD WR2-RC WIRELESS RAIN SENSOR. INSTALL per MANUFACTURER'S SPECIFICATIONS.
POWER for 120 VOLT ELECTRICAL PROVIDED BY ELECTRICIAN, FIELD VERIFY ACTUAL LOCATION.
CONTROLLER
E
SUB
-SURFACE
IRRIGATION
HUNTER
HUNTER
HUNTER
HUNTER
AS APPROVED
,/
HUNTER
ICZ-FS-101/15 I -AS-ADJ REMOTE CONTROL DRIP ZONE KIT with FILTER and ACCU-SENSE ADJUSTABLE PRESSURE REGULATOR. (INSTALL WITHOUT FLOW CONTROL AT LOW FLOW CONDITIONS.)
PLD-ESD-06-12 SUB -SURFACE DRIPLINE TUBING 0.6 GPH EMITTERS at 12" ON CENTER SPACING - ALL TUBING SHALL BE INSTALLED 4" MINIMUM BELOW FINISHED SOIL GRADE W/ 9" WIRE STAKES FIVE (4) FEET ON CENTER; VERIFY THE LAYOUT AND 12" ON CENTER SPACING IN THE FIELD PRIOR TO STARTING WORK. INSTALL SUB -SURFACE DRIP IRRIGATION SYSTEM per MANUFACTURER'S SPECIFICATIONS.
USE HUNTER FITTINGS FOR CONNECTION BETWEEN PVC LATERAL LINES AND DRIPPERLINE TUBING.
WITH 17MM INSERT FITTINGS, IT IS RECOMMENDED THAT STAINLESS STEEL CLAMPS BE INSTALLED ON EACH FITTING.
DRIPLINE AUTOMATIC LINE FLUSH VALVE. - PROVIDE SCH 40 OR SCH 80 SOLVENT -WELD BALL VALVE FOR FLUSH OFF OF PCV EXHAUST MANIFOLD PIPE(SIZE PER PLAN), INSTALL FLUSH VALVE INSIDE 6" ROUND VALVE BOX, ONE AT THE END OF ANY TECHLINE CV LATERAL or PVC EXHAUST HEADER.
INSTALL MINIMUM OF ONE FLUSH VALVE PER MAXIMUM OF 800' OF TUBING. MULTIPLE FLUSH VALVES MAY BE REQUIRED WITHIN TECHLINE-CV LAYOUT. ALWAYS INSTALL VALVES IN OPPOSITE DIRECTIONS OF THE PVC/DRIP CONNECTION MANIFOLD.
PLD-ARV-100 AIR/VACUUM RELIEF VALVE INSTALLED with COMBINATION TEE AND A 3/4" x 1/2" REDUCER BUSHING, INSTALL AIR RELIEF ASSEMBLY INSIDE A 6" ROUND VALVE BOX AT THE HIGH POINT OF EACH PLANTER, MIN. 1 ARV PER 500' OF DISTRIBUTION TUBING. USING AIR RELIEF LATERAL, CONNECT AIR RELIEF VALVE TO ALL DRIPPERLINE LATERALS WITHIN THE ELEVATED AREA.
NON -PRESSURE LATERAL SCH. 40 SUPPLY LATERAL with NECESSARY FITTINGS. NOTE EXHAUST LATERALS NOT SHOWN.
DRIPPERILINE LAYOUT NOTE: NOT ALL SUPPLY/EXHAUST LATERALS SHOWN ON PLAN for GRAPHIC CLARITY - INSTALL LATERALS per MANUFACTURER'S SPECIFICATIONS and RECOMMENDATIONS TO AVOID LOW PRESSURE THROUGH DRIPPERLINE and CONNECTIONS.
TREE DRIPPER RING: PLD-10-12 SUB -SURFACE DRIPLINE TUBING 1.0 GPH EMITTERS at 8" ON CENTER CONCENTRIC RING SPACING- ALL TUBING SHALL BE INSTALLED 4" MINIMUM BELOW FINISHED SOIL GRADE W/ 9" WIRE STAKES FIVE (5) FEET ON CENTER; VERIFY THE LAYOUT AND 12" ON CENTER SPACING IN THE FIELD PRIOR TO STARTING WORK. SEE DETAIL.
IRRIGATION
PIPING
AS APPROVED NON -PRESSURE LATERAL SCH. 40 FOR SIZES 3/4" - 2" W/ PVC SCH. 40 FITTINGS - BURY MIN. 12" BELOW GRADE (SIZE AS NOTED ON PLAN).
- l I - i i - i i - AS APPROVED I Z" PRESSURE MAINLINE SCH. 40 PVC, IN PLANTER AREA FOR SIZES 3/4" - 1 1/2", - BURY MIN. 18" BELOW GRADE (SIZE AS NOTED ON PLAN).
AS APPROVED PVC PIPE SCH. 40 SLEEVING, TWICE THE DIAMETER OF PIPE OR WIRE BUNDLE CARRIED - EXTEND 12" BEYOND EDGE OF PAVING & PLACE BELOW ALL PAVING, HARDSCAPE, ETC., AND AS DIRECTED BY OWNER'S AUTHORIZED REPRESENTATIVE.
IRRIGATION
MISCELLANEOUS EQUIPMENT
NO SYMBOL AS APPROVED IRRIGATION CONTROL WIRE # I4UF AWG DIRECT BURIAL (U.L. APPROVED) NO SYMBOL SPEARS DS -400 PRE -FILLED WIRE CONNECTORS FOR USE ON ALL WIRE CONNECTIONS NO SYMBOL 3M DBY DIRECT BURIAL WATER -PROOF WIRE CONNECTORS FOR USE ON ALL WIRE
CONNECTIONS
LANDSCAPE
ARCHITECTURE
BLACKWOOD PLACENTIA & ORANGETHORPE
PLACENTIA, CA
IRRIGATION PLAN /i
02.18.2026
0' 15' 30' 60'
L.4
253
LIGHTING CONCEPT:
THE OUTDOOR LIGHTING CONCEPT IS TO PROVIDE LEVELS OF LIGHTING SUFFICIENT TO MEET SAFETY AND ORIENTATION NEEDS.
WITHIN PUBLIC AREAS LIGHTING WILL BE WARM COLORED AND UNOBTRUSIVE.
LIGHT SOURCES WILL BE TUNGSTEN OR METAL HALIDE.
LIGHTING SOURCES FOR THE LANDSCAPE AND PAVED AREAS WILL BE CONCEALED AND THE LIGHTING INDIRECT NOT VISIBLE FROM A PUBLIC VIEWPOINT. LIGHT
SOURCES SHOULD BE DIRECTED SO THAT IT DOES NOT FALL OUTSIDE THE AREA TO BE LIGHTED.
ALL EXTERIOR SURFACE AND ABOVE -GROUND MOUNTED FIXTURES WILL BE SYMPATHETIC AND COMPLIMENTARY TO THE ARCHITECTURAL THEME.
EXTERIOR
LIGHTING
LEGEND
SYMBOL
TYPE/TECHNIQUE:
LOCATION:
•
12' HT THEME POLE
PEDESTRIAN WALKWAYS/ENTRY DRIVE
FIXTURE WILL NOT PRODUCE OFF -SITE
GLARE
•
12' HT POLE
COURTYARDS
1 STREET LIGHT
STREETSCAPE
STREET LIGHTS PER CITY STANDARDS
AND APPROVED PLAN, AS NEEDED
PER THE CITY STANDARDS AND THE
APPROVED STREET IMPROVEMENT
PLANS
•
42" HT LIGHT BOLLARD
PEDESTRIAN WALKWAYS
®
BUILDING MOUNTED
SCONCE
TO BE SELECTED BY ARCHITECT
O
CEILING LIGHT
METAL TRELLIS STRUCTURES /
ARCHITECTURE. FIXTURE WILL NOT
PRODUCE OFF -SITE GLARE
LANDSCAPE
ARCHITECTURE
BLACKWOOD PLACENTIA & ORANGETHORPE
PLACENTIA, CA
LIGHTING PLAN /i
02.18.2026
0' 15' 30' 60'
L.5
254
Placentia Planning
Commission
AGENDA STAFF REPORT
TO: PLANNING COMMISSION
FROM: JOSEPH M. LAMBERT, DEVELOPMENT SERVICES DIRECTOR
DATE: MARCH 10, 2026
SUBJECT: DEVELOPMENT PLAN REVIEW NO. DPR 2025-03 AND VESTING TENTATIVE TRACT MAP NO. 19467 ALLOWING THE PROPOSED
DEVELOPMENT OF 11 THREE-STORY, TOWNHOME-STYLE BUILDINGS CONSISTING OF 75 RESIDENTIAL CONDOMINIUM UNITS, INCLUDING FIVE LIVE -WORK UNITS, ON A PREVIOUSLY DEVELOPED 2.72 -ACRE SITE, LOCATED AT 777 W. ORANGETHORPE AVENUE AND 776 S.
PLACENTIA AVENUE (APN 339-112-27)
RECOMMENDATION
It is recommended that the Planning Commission take the following actions:
1) Open Public Hearing, concerning Development Plan Review No. DPR 2025-03 and Vesting Tentative Tract Map No. 19467; and
2) Receive the Staff Report and consider all Public Testimony; and 3) Close the Public Hearing; and
4) Adopt Resolution No. PC -2026-04, a Resolution of the Planning Commission of the City of Placentia, California, adopting the California Environmental Quality Act ("CEQA") statutory exemption, California Public Resources Code § 21080.66 (AB 130 — Infill Housing Development Projects), and adopting DPR 2025-03 for development of 11 three-story, townhome style buildings consisting of 75 residential condominium units, including five live -work units, on a 2.72 -acre previously developed site, on property located at 776 S. Placentia Avenue and 777 W. Orangethorpe Avenue (APN 339-112-27) ; and,
5) Adopt Resolution No. PC -2026-05, a Resolution of the Planning Commission of the City of Placentia, California, recommending to the City Council of the City of Placentia, California, adoption of the California Environmental Quality Act ("CEQA") statutory exemption, California Public Resources Code § 21080.66 (AB 130 — Infill Housing Development Projects), and recommending approval of VTTM 19467 for the subdivision of the subject property for the purpose of
Planning Commission — Placentia Orangethorpe Townhomes
March 10, 2026
creating 75 residential condominium units on a 2.72 -acre previously developed site, on property located at 776 S. Placentia Avenue and 777 W. Orangethorpe Avenue (APN 339-112-27).
STRATEGIC PLAN STATEMENT
This item is consistent with the City Council's adopted Strategic Goals, particularly Goal 1 (Fiscal Sustainability), Goal 3 (Infrastructure, Facilities & Public Spaces), and Goal 4 (Economic Development).
The proposed redevelopment of a long -vacant automobile dealership site with new residential townhome and live -work units represents reinvestment in an underutilized commercial corridor property. The project introduces new housing opportunities, private capital improvements, and long-term property value stabilization along the Placentia Avenue and Orangethorpe Avenue intersection. Redevelopment of the site will generate ongoing property tax revenue, increase assessed valuation and contribute to the City's overall fiscal stability.
Additionally, the project replaces an aging, vacant commercial structure with new residential buildings, landscaped open space, pedestrian paseos, and enhanced site improvements. These physical upgrades support the City's broader objective of maintaining attractive, well-appointed development along major corridors.
The inclusion of live -work condominium units oriented toward Orangethorpe Avenue further contributes to corridor activation and supports small-scale entrepreneurial activity, aligning with the City's goal of fostering a vibrant and economically active community.
PROJECT DESCRIPTION
On December 4, 2025, Gilad Ganish, on behalf of Orangethorpe Investment Partners, LLC, submitted applications for a Development Plan Review (DPR) and Vesting Tentative Tract Map (VTTM) for the redevelopment of the previously improved 2.72 -acre site located near the northeast corner of S. Placentia Avenue and W. Orangethorpe Avenue. The project site is currently developed with a vacant automobile dealership building and associated surface parking areas formerly occupied by Premier Chrysler Jeep.
The proposed project involves demolition of the existing structures and redevelopment of the site with a residential townhome condominium project consisting of eleven (11) three- story buildings containing a total of seventy-five (75) dwelling units, including five (5) live - work units. The units include a mix of two -bedroom and three -bedroom floor plans ranging in size from approximately 1,207 square feet to 1,666 square feet. The live -work units are oriented along S. Placentia Avenue and W. Orangethorpe Avenue and are designed with ground -floor workspaces and upper -level residential living areas.
The buildings are proposed at a maximum height of approximately 40 feet and feature contemporary architectural styling incorporating varied rooflines, vertical and horizontal siding elements, stucco finishes, articulated facades, recessed entries, and enhanced
Planning Commission — Placentia Orangethorpe Town homes March 10, 2026
material detailing. Individual units include private garages accessed from internal drive aisles.
The project proposes a total of 162 onsite parking spaces, consisting of 150 enclosed garage spaces and 12 open guest parking spaces. Vehicular access to the site is provided via two neighborhood entry driveways: one from S. Placentia Avenue and one from W.
Orangethorpe Avenue. Internal private drive aisles circulate throughout the development and provide access to individual garages and guest parking areas.
Common open space is centrally organized around a landscaped courtyard area referred to as the "Central Green." This area includes open turf, built-in seating elements, dining areas, shade structures, decomposed granite walkways, and accent landscaping.
Additional landscaped paseos connect building entrances to the internal circulation system and perimeter sidewalks. Plaza areas are incorporated adjacent to the live -work units along both S. Placentia Avenue and W. Orangethorpe Avenue at neighborhood entry points. 10' Sae Setback
10' Setback to Placentia
Neighborhood,
Entry
w
Q
a
Open Space
_1.0005!
0' Sae Setback
Pla-a(t1,000sp
00' Setback to Oranoethorpe fo
Pla:a(-2.000sf)-1s--- �' �' 25' Seback for LW
o9PN
GETN
Neighborhood:
o P e Entry
The project provides approximately 16,000 square feet of common open space and additional private open space areas associated with individual units. Landscaping throughout the site includes a mix of canopy trees, accent trees, shrubs, and drought - tolerant planting areas distributed along the perimeter, internal drive aisles, paseos, and courtyard spaces.
Conceptual grading, utility, and fire access plans have been prepared for the project.
Proposed improvements include internal drive aisles, fire access lanes, pedestrian
Planning Commission — Placentia Orangethorpe Townhomes
March 10, 2026
walkways, landscaping areas, and utility connections to existing infrastructure within S.
Placentia Avenue and W. Orangethorpe Avenue.
Background
The subject property, located near the northeast corner of S. Placentia Avenue and W.
Orangethorpe Avenue, was formerly occupied by Premier Chrysler Jeep (PCJ), which vacated the site on May 31, 2018. The site has remained vacant since that time.
On July 23, 2019, the City Council approved amendments to Specific Plan No. 5 modifying development standards and permitted uses applicable to the property including expanding where hospitality uses are permitted and height limitations subsequent to Planning Commission's recommendation of approval.
On September 3, 2024, the City Council approved a mixed -use development project consisting of a five -story, 248 -unit residential building with ground -floor commercial space and a six -level parking structure. This entitlement included a Specific Plan Amendment and General Plan Amendment to introduce residential mixed -use on certain parcel(s). This City Council approval occurred after Planning Commission recommended denial.
Subsequently, Zoning Code Amendment No. 2024-01 was approved by City Council to modify the minimum residential density requirement for Parcel No. 9 within Specific Plan No. 5. The amendment reduced the minimum density from 65 dwelling units per acre to 15 dwelling units per acre while maintaining the previously approved maximum density range.
This City Council approval occurred after Planning Commission recommended denial.
The applicant has now submitted revised applications for Development Plan Review and a Vesting Tentative Tract Map proposing a residential townhome condominium development as described in the Project Description section of this report. The current application has been submitted pursuant to the provisions of Senate Bill 330 (Housing Crisis Act of 2019) and Assembly Bill 130 (2021), which establish procedural and development standards applicable to qualifying housing development projects. The application has been processed in accordance with applicable state housing legislation.
The applicant has subsequently elected to pursue an alternative development concept for the site. Approval of Development Plan Review No. DPR 2025-03 would supersede the previously approved Development Plan Review No. DPR 2021-02 associated with the prior mixed -use project. Upon the effective approval date of DPR 2025-03, Development Plan Review No. DPR 2021-02 would be deemed rescinded and null and void, and DPR 2025- 03 would be the only valid entitlement related to the property.
PROJECT CHARACTERISTICS
Applicable Code Section — Placentia Municipal Code
The project will be required to comply with the development standards and use requirements set forth in the Placentia Municipal Code (PMC) for developments located on
Planning Commission — Placentia Orangethorpe Townhomes
March 10, 2026
properties within the SP -5 Zoning District. Pursuant to PMC Section 23.75.010(a), construction of new buildings require a DPR to be reviewed and approved at a noticed public hearing before the Planning Commission. Furthermore, in accordance with PMC Section 22.72.060, a VTTM shall require Planning Commission review at a noticed public hearing, to review and solicit a recommendation for final action on the proposed VTTM by the City of Placentia City Council.
Subject Site and Surrounding Land Uses
The table below illustrates the site and surrounding existing land uses, General Plan Land Use designation and zoning:
Location
Existing Land Use
Land Use Element
General Plan
Designation
Zoning Map
Designation
Existing
Vacant Car Dealership
Site
Specific Plan
Specific Plan No. 5
(SP -5)
Proposed
Three -Story, 75 -Unit
Residential Townhome
Condominium
Development with Five
Live -Work Units
Specific Plan
SP -5
North
Three -Story Office
Building Containing
Interface Rehab, Inc. &
Maxum Therapy
Specific Plan
p
SP -5
South
(Adjacent to
the Site &
Across W.
Orangethorpe
Avenue)
Fast Food Restaurant
(Jack in the Box), 7-
Eleven and Gas
Station, Twin Palms
Mobile Home Park
Specific Plan,
Commercial
Manufacturing, &
Low Density
Residential
SP -5, C-1 (Neighborhood
Commercial), & R-1
(MHP) (Single Family
Residential — Mobile
Home Park)
East
Industrial Uses
Specific Plan &
Industrial
SP -5 & Manufacturing
(M)
West (Across
S. Placentia
Avenue)
City of Fullerton —
Multi -tenant Industrial
Park
City of Fullerton —
Industrial
City of Fullerton —
Commercial
Manufacturing
Planning Commission — Placentia Orangethorpe Townhomes
March 10, 2026
ZONING COMPLIANCE ANALYSIS
Site Development Standards
The project site is located within Parcel No. 9 of the Specific Plan No. 5 (SP -5) Zoning District. Specific Plan No. 5 establishes permitted land uses and development standards applicable to properties within its boundaries, including density ranges, height limitations, setbacks, lot coverage, and parking requirements.
The proposed project consists of a three-story residential townhome condominium development and is reviewed for consistency with the applicable development standards of SP -5 as currently adopted and amended, including Zoning Code Amendment No. 2024- 01, which established a residential density range of 15 to 95 dwelling units per acre for Parcel No. 9.
The proposed development does not require a General Plan Amendment or Specific Plan Amendment. The project is evaluated for compliance with the existing SP -5 development standards and applicable provisions of the Placentia Municipal Code (PMC), including Development Plan Review (PMC Chapter 23.75) and Subdivision regulations (PMC Title 22).
The following matrix provides a summary of the project's consistency with the applicable SP -5 development standards:
APPLICABLE SP -5 DEVELOPMENT
STANDARDS
PROJECT
Floor Area Ratio
1.0 Commercial FAR Maximum
No Residential FAR Maximum
0.01 FAR
Complies
Density Range
15 to 95 dwelling units/acre
27.6 dwelling units/acre
Dwelling Unit Size
Studio Unit — No minimum/maximum
1 Bed Unit — No minimum/maximum
2 Bed Unit — No minimum/maximum
3 Bed Unit — No minimum/maximum
3 Bed Unit, w/ Live -Work — No
minimum/maximum
Studio Unit — 0
1 Bed Unit — 0
2 Bed Unit — 1207 sf. (Qty 6)
3 Bed Unit — 1454 sf. (Qty 64)
3 Bed Unit, w/ Live -Work — 1,624 sf. (Qty
5)
Height
75 ft. max.
47 ft. 0 in.
Setbacks
Front Yard Setback — 15 ft. min.
Side & Rear Yard Setback — 10 ft. min.
Front: 15 ft.
Side Yard: 10 ft. to 15 ft.
Planning Commission — Placentia Orangethorpe Townhomes
March 10, 2026
Lot Coverage
81% (96,251 s.f.)
85% max. (118,483 s.f.;
Parking
Studio & 1 Bdrm Unit @ 1 space -0 Spaces
- 0 space
(0 units)
Two Bdrm Unit @ 1.5 spaces — 9 spaces (6
- 8 spaces (6 units)
Units)
Three Bdrm Unit @ 2 spaces — 138 spaces
- 142 spaces (69 units)
(69 Units)
Guest @ 1 space/5 du — 15 spaces
- 12 spaces
Total 162 spaces
Total @ 162 spaces
`Parking: Within % mile of intersection of bus
routes meeting 15 -min. peak frequency (combined
service); minimum parking not required per Gov.
Code § 65863.2.
Other Departments Concerns and Requirements
The Divisions of Planning and Building, Public Works Department, Police Department, and Fire and Life Safety Department have reviewed the application materials and provided comments. Based on those comments, applicable code requirements and recommended conditions of approval have been incorporated into the draft resolution for consideration by the Planning Commission and recommendation to the City Council.
In addition, the Placentia -Linda School District, Republic Services, and applicable utility providers were provided the opportunity to review the project plans. As of the date of preparation of this report, no comments have been received from those agencies despite follow-up outreach by City staff.
ISSUES ANALYSIS:
CONSISTENCY WITH THE GENERAL PLAN
The proposed residential townhome development is consistent with the goals and policies of the City's General Plan, including the Land Use, Mobility, Economic Development, Health, Wellness & Environmental Justice, Safety, and Housing Elements, as outlined below.:
Land Use Element
Goal LU-2: Ensure that new development is compatible with surrounding land uses, the circulation network, and existing development constraints.
Planning Commission — Placentia Orangethorpe Townhomes
March 10, 2026
Policy LU-2.4: Large, contiguous vacant or underutilized parcels should be comprehensively planned for development to be compatible with adjacent neighborhoods.
Policy LU-2.21: Ensure development provides adequate infrastructure improvements area provided to support new multi -family development, including on -site recreational amenities.
The project redevelops a vacant 2.72 -acre site with a comprehensively planned residential townhome community consisting of 75 units arranged in eleven three-story buildings including five live -work units. The site plan organizes buildings around internal private drives and a centrally located landscaped open space area, providing a cohesive development pattern. Building massing, articulated elevations, and perimeter setbacks provide an appropriate transition to surrounding uses along S. Placentia Avenue and W.
Orangethorpe Avenue. The project includes a centrally located landscaped "Central Green" courtyard area, pedestrian paseos, and private open space areas associated with individual units. The development provides onsite parking, internal circulation, and utility connections to existing infrastructure within adjacent public rights -of -way.
Mobility Element
Policy MOB -2.2: Ensure adequate capacity to accommodate the traffic generated by land uses within the City, while balancing the needs of the pedestrian, cyclists and other multi -modal users.
Policy MOB -2.6: Require new development to conform to the standards and criteria of the City of Placentia and other mandated programs. This includes mitigation of traffic impacts to the surrounding street system as well as ensuring new developments manage their parking onsite with no impact to surrounding public streets.
Vehicular access is provided via driveways on S. Placentia Avenue and W. Orangethorpe Avenue. The project includes internal circulation, guest parking, sidewalks, and pedestrian connectivity to adjacent public sidewalks. The project provides 162 onsite parking spaces within private garages and guest parking areas, and incorporates internal circulation consistent with City design standards.
Economic Development Element
Action ED -2.2-1: Placentia's business attraction efforts should be targeted primarily towards businesses which have the following characteristics, in order of priority: 1) Sales tax generating; 2) Property tax enhancement; 3) Other revenue enhancements; and 4) Will result in infrastructure improvement.
The redevelopment of a long -vacant commercial property with new residential construction represents private reinvestment in a key corridor location. The project introduces new housing opportunities and contributes to long-term property tax revenue, other revenue
Planning Commission — Placentia Orangethorpe Townhomes
March 10, 2026
enhancements in the form of Public Services CFD 2014-01 annual revenue and corridor revitalization.
Health, Wellness, & Environmental Justice Element
Policy HW/EJ-4.1: Provide higher -density and infill mixed -use development affordable to all incomes on vacant and underutilized parcels throughout the City.
Policy HW/EJ -10.1: Promote land use patterns that reduce driving and promote walking, cycling, and transit use.
The site is located along two major corridors and provides pedestrian connectivity to existing public sidewalks. Internal pedestrian paseos and open space areas further support walkability within the development.
Safety Element
Policy SAF— 4.8: Require enhanced landscaped buffers in industrial -zoned areas that abut residential zones, consisting of more densely planted trees in setback areas.
The project incorporates perimeter landscaping and setbacks along adjacent rights -of -way and neighboring properties, contributing to visual buffering and site definition.
Housing Element
Goal HE -1: Housing Supply and Variety: Develop and maintain an adequate supply of housing that varies sufficiently in cost, size, type, and tenure to meet the economic and social needs of existing and future residents.
Program HE -1.13: Development of Housing for Larger Families: The City shall encourage incorporation of units with 3 or more bedrooms in for -sale and rental housing developments to accommodate the needs of larger families through activities such as technical assistance, expediated processing, and flexibility in development standards.
The project provides 75 townhome units with two- and three -bedroom floor plans, expanding ownership housing opportunities within the City. The development includes multiple three -bedroom units, supporting housing opportunities for larger households including families.
Housing Element
Planning Commission — Placentia Orangethorpe Town homes March 10, 2026
the City of Placentia adopted its Sixth Cycle Housing Element (2021-2029) in March 2022.
On February 29, 2024, the California Department of Housing and Community Development (HOD) issued a finding of substantial compliance with State Housing Element Law.
The proposed project provides 75 ownership townhome units, including multiple three - bedroom units, contributing to the City's overall housing supply and housing variety goals.
The redevelopment of a previously developed and vacant site supports the Housing Element's objective of encouraging infill development and expanding housing opportunities within the City.
The project is not identified as a specific Sites Inventory location but is consistent with the General Plan and current zoning regulations permitting residential development on the property.
LAND USE COMPATIBILITY
The project site is located at the northeast corner of S. Placentia Avenue and W.
Orangethorpe Avenue, two established arterial roadways characterized by a mix of commercial, office, hospitality, light industrial, and residential land uses. Surrounding development includes hotel and commercial uses to the north and west, office and light industrial uses along Orangethorpe Avenue, and single-family residential neighborhoods south of Orangethorpe Avenue.
The proposed development consists of eleven three-story residential townhome buildings arranged around internal private drives and a centrally located landscaped open space area. The maximum building height is approximately 47 feet. The project incorporates perimeter setbacks, landscape buffers, and articulated building elevations to provide visual relief and transition along adjacent rights -of -way.
The site has remained vacant since 2018 and represents a previously developed property within an established urban corridor. The proposed redevelopment introduces residential land use consistent with the City's current zoning and Specific Plan framework. The townhome product type provides an ownership housing opportunity that differs in scale and intensity from the previously approved five -story mixed -use concept.
Vehicular access is provided from both S. Placentia Avenue and W. Orangethorpe Avenue.
Pedestrian connections are maintained to existing public sidewalks along both frontages, and internal pedestrian pathways provide connectivity within the development.
The project replaces an aging, vacant commercial site with new residential buildings, landscaping, and site improvements, contributing to reinvestment along the corridor.
Architecture
The proposed development consists of eleven three-story townhome buildings designed with a contemporary residential architectural style incorporating traditional detailing and varied facade articulation. The buildings feature a combination of horizontal and vertical
Planning Commission — Placentia Orangethorpe Townhomes
March 10, 2026
siding elements, stucco finishes, accent materials, and varied rooflines to create visual interest and reduce apparent massing.
The architectural design incorporates recessed entries, covered porches, articulated facades, and varied window placements to provide depth and shadow along building elevations. Individual units include direct -access entries and private garages, reinforcing a residential character consistent with a townhome product type.
Roof forms include a mix of flat and sloped elements with parapet variations to provide architectural modulation. Material transitions, color variation, and facade offsets are incorporated to avoid long uninterrupted wall planes. Window placements are designed to maximize natural light within individual units while maintaining a consistent architectural rhythm across elevations.
The buildings are arranged around internal private drives and a centrally located landscaped open space area, providing a cohesive neighborhood layout. Perimeter landscaping and setbacks further frame the development along S. Placentia Avenue and W. Orangethorpe Avenue.
Overall, the architectural approach emphasizes a contemporary residential character with articulated building forms and varied materials appropriate for a three-story townhome community. Also as noted in the subsequent paragraphs, the City Council Housing, Community, and Economic Development (HCED) Committee requested enhanced architectural elevations which the applicant provided as discussed below.
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE
On Wednesday, July 23, 2025, the City Council Housing, Community, and Economic Development (HCED) Committee convened to review the proposed 75 -unit townhome development located at the subject site. City staff provided a presentation outlining the project's key components, overall site design, vehicular circulation, and architectural features. This discussion provided the applicant with guidance for the future submittal of the required entitlement applications.
On February 23, 2026, the project returned to the HCED Committee with a fully developed proposal, including refined site planning and architectural elevations. Staff presented a comprehensive overview of the project, including its relationship to surrounding land uses and public frontages.
While the Committee received the project favorably, several architectural concerns were expressed, particularly regarding the quality and articulation of the building elevations along the S. Placentia Avenue and W. Orangethorpe Avenue frontages. The Committee emphasized the need to enhance the elevations through additional architectural detailing, including expanded window treatment and facade articulation, incorporation of architectural "eyebrows," introduction of enhanced and varied color treatments, and the addition of architectural elements at the top of the gable ends. The Committee also discussed the potential incorporation of faux balconies or similar architectural features along the S.
Planning Commission — Placentia Orangethorpe Townhomes
March 10, 2026
Placentia Avenue and W. Orangethorpe Avenue frontages to provide greater visual interest and depth. Additionally, direction was provided to strengthen the architectural treatment at the ground -floor level to ensure a more articulated and visually engaging streetscape presence.
The Committee further indicated support for a condition of approval requiring the project's streetscape improvements to be consistent with a future SP -5 Streetscape Master Plan, should such plan be adopted prior to building permit issuance. Based upon the applicant addressing the Committee's concerns related to building elevations and architectural refinement, HCED conveyed its favorable recommendation to the Planning Commission for consideration of the requested entitlements, including the DPR and VTTM.
CEQA
The proposed project qualifies for a statutory exemption from the California Environmental Quality Act (CEQA) pursuant to California Public Resources Code Section 21080.66 (Assembly Bill 130 — Infill Housing Development Projects). Section 21080.66 provides a statutory exemption for qualifying infill housing development projects located on previously developed sites within urbanized areas, provided specified criteria are satisfied, including consistency with applicable planning and zoning regulations and compliance with applicable environmental and public health standards. The proposed development consists of 11 three-story townhome buildings containing 75 residential condominium units, including five live -work units, on a previously developed 2.72 -acre site located at 776 S.
Placentia Avenue and 777 W. Orangethorpe Avenue. The site is surrounded by urban uses and is served by existing public infrastructure. Based on review of the project and applicable statutory criteria, staff has determined that the project meets the requirements for the statutory exemption under Public Resources Code Section 21080.66. Accordingly, no further environmental review is required.
PUBLIC NOTIFICATION
Legal notice was published in the Placentia News -Times on February 26, 2026. Notices were sent to property owners of record within a 300 -foot radius of the subject property, posted at the Civic Center, and on the City website. As of March 5, 2026, staff has not received any written correspondence from adjacent neighbors expressing support or concern regarding the development project.
CONCLUSION
The proposed project involves the redevelopment of a previously developed and long - vacant 2.72 -acre site with 11 three-story townhome-style buildings containing 75 residential condominium units, including five live -work units. The project has been evaluated for consistency with the City's General Plan, Specific Plan No. 5, and applicable provisions of the Placentia Municipal Code. This revised DPR and VTTM are consistent with all provisions of the Placentia Municipal Code, Specific Plan 5 (SP -5), and the General Plan.
Planning Commission — Placentia Orangethorpe Townhomes
March 10, 2026
Environmental review has been conducted pursuant to Public Resources Code Section 21080.66 (AB 130 — Infill Housing Development Projects), and staff has determined that the project qualifies for a statutory exemption under CEQA.
Based on the analysis contained in this report, consistency with the General Plan and full compliance with the Placentia Municipal Code and SP -5, staff recommends that the Planning Commission adopt Resolution Nos. PC -2026-04 and PC -2026-05.
RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution No. PC -2026-04 approving Development Plan Review No. DPR 2025-03, and adopt Resolution No. PC - 2026 -05 recommending that the City Council approve Vesting Tentative Tract Map No. 19467, and make the required findings in support thereof.
Prepared and submitted by: Reviewed and approved by:
Andrew A. Gon2aEes '
Planning Manager
41,
frA-
Areph . Lambert
Development Services Director
ATTACHMENTS:
1. Resolution No. PC -2026-04 approving Development Plan Review No. DPR 2025-
03. 2. Resolution No. PC -2026-05 recommending City Council approval of Vesting Tract Map No. VTTM 19467.
3. Project Plans including the Site Plan, Floor Plans, Building Elevations, Preliminary Landscape Plan, Fire Access Plan, Colored Renderings, Conceptual Utility Plan, Street Cross Sections, and Vesting Tentative Tract Map No. 19467 Received and Dated March 4, 2026
4. Public Hearing Notification
5. Vicinity Map
6. Site Photographs
RESOLUTION NO. PC -2026-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PLACENTIA, CALIFORNIA, ADOPTING THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA")
STATUTORY EXEMPTION, CALIFORNIA PUBLIC
RESOURCES CODE § 21080.66 (AB 130 — INFILL HOUSING
DEVELOPMENT PROJECTS), AND ADOPTING
DEVELOPMENT PLAN REVIEW NO. DPR 2025-03 FOR
DEVELOPMENT OF 11 THREE-STORY, TOWNHOME-STYLE
BUILDINGS CONSISTING OF 75 RESIDENTIAL
CONDOMINIUM UNITS, INCLUDING FIVE LIVE -WORK UNITS,
ON A 2.72 -ACRE PREVIOUSLY DEVELOPED SITE,
LOCATED AT 777 W. ORANGETHORPE AVENUE AND 776 S.
PLACENTIA AVENUE (APN 339-112-27).
A. Recitals.
WHEREAS, Gilad Ganish, representing Orangethorpe Investment Partners, LLC, ("Applicant" hereinafter), regarding real property located 777 W. Orangethorpe Avenue and 776 S. Placentia Avenue (Attachment "A"), filed an application for approval of Development Plan Review No. DPR 2025-03, as described in the title of this Resolution.
Hereinafter, in this Resolution, the subject Development Plan Review request is referred to as the "Application"; and
WHEREAS, on March 10, 2026, the Planning Commission of the City of Placentia conducted, and concluded, a duly noticed public hearing, as required by law, and received a staff report and other relevant information from City staff and members of the public regarding the 75 -unit residential condominium townhome development with five live -work units, for the Development Plan Review Application; and WHEREAS, the Planning Commission heard testimony, received a report and other relevant information from City staff and members of the public regarding DPR 2025- 03 and VTTM 19467; and
WHEREAS, the Planning Commission finds that upon the date DPR 2025-03 is approved and in effect, previously approved Development Plan Review No. DPR 2021- 02 is hereby rescinded and null and void, and DPR 2025-03 is the only valid Development Plan Review entitlement related to the subject property; and.
WHEREAS, after careful consideration of all pertinent testimony and the staff report offered in the case, the Planning Commission voted to approve the "Application"; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Placentia as follows:
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Section 1. Development Plan Review. The Planning Commission approves Development Plan Review No. DPR 2025-03, as modified herein, and specifically subject to the conditions set forth in Attachment "A" of this Resolution and by this reference incorporated herein. The development, as modified by the attached Conditions of Approval and Standard Development Requirements (Attachment "A"), meets the overall requirements of PMC Chapter 23.105 of the Zoning Code (SP -5 Development Standards) and PMC Chapter 23.75 (Development Plan Review). As such, the Planning Commission finds as follows:
a. The project meets or exceeds the criteria established in PMC Chapter 23.105 and Section 23.75.020. Specifically, it adheres to the minimum setbacks, parking requirements, maximum building height, and minimum and maximum density development standards. The size, scale, and site layout ensures that the project not only complies with but surpasses the established development standards by providing a well -integrated and sustainable development that meets the needs of the community.; and,
b. Conditions of Approval have been prepared as necessary to prevent: (A) detriment to the health, safety or general welfare of the persons residing or working within the neighborhood of the proposed development or within the city, or (B) injurious to the property or improvements within the neighborhood or within the city; and,
c. The proposed development will be consistent with the latest adopted General Plan Land Use designation of the project area of "Specific Plan" and the Parcel No. 9 allowable land uses of SP -5; and,
d. Conditions necessary to secure the purposes of Section 23.75.020, including guarantees and evidence of compliance with conditions, are made part of the development approval.
Section 2. Based upon the environmental review of the project, the Planning Commission finds that DPR 2025-03 is statutorily exempt from the California Environmental Quality Act ("CEQA"), Public Resources Code § 21080.66 (AB 130 — Infill Housing Development Projects) as the project qualifies as a residential infill development located on an urbanized and previously developed site that is less than 20 acres in size, is consistent with the applicable General Plan and zoning designation, and does not contain any environmentally sensitive habitat areas.
Section 3. If any section, subsection, sentence, clause, or phrase of this resolution and/or the documents in support of this resolution is/are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution.
Section 4. The Planning Commission hereby directs that, upon approval of DPR 2025-03, that a Notice of Exemption shall be filed with the Orange County Clerk/Recorder.
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Section 5. Based upon the findings and conclusions set forth herein, the Planning Commission hereby approves Development Plan Review No. DPR 2025-03 as modified herein, and specifically subject to the conditions set forth in Attachment "A" attached hereto and by this reference incorporated herein.
Section 6. Upon the date DPR 2025-03 is approved and in effect, previously approved Development Plan Review No. DPR 2021-02 is hereby rescinded and null and void, and DPR 2025-03 is the only valid Development Plan Review entitlement related to the subject property.
Section 7. The Secretary to the Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail, to the applicant at the address of record set forth in the Application.
ADOPTED AND APPROVED THIS 10TH DAY OF MARCH 2026.
FRANK PEREZ, CHAIR
I, Joseph M. Lambert, Secretary to the Planning Commission of the City of Placentia, do hereby certify that the foregoing Resolution was introduced at a meeting of the Planning Commission of the City of Placentia held on the 10th day of March 2026, and was passed at the meeting of the Planning Commission of the City of Placentia held on the 10th day of March 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
JOSEPH M. LAMBERT, SECRETARY TO THE PLANNING COMMISSION Resolution No. PC -2026-04
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APPROVED AS TO FORM:
CITY ATTORNEY
Attachment A: Conditions of Approval for Development Plan Review No. DPR 2025- 03 Resolution No. PC -2026-04
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Attachment "A"
Special Conditions of Approval and Standard Development Requirements for Development Plan Review No. DPR 2025-03
777 W. Orangethorpe Avenue & 776 S. Placentia Avenue
(APN 339-112-27)
SPECIAL CONDITIONS
If the above referenced application is approved, applicant and/or property owner shall comply with the Special Conditions listed below and the Standard Development Requirements attached.
ALL THE FOLLOWING SPECIAL CONDITIONS OF APPROVAL AND STANDARD
DEVELOPMENT REQUIREMENTS SHALL BE FULLY COMPLIED WITH FOR THE DEVELOPMENT PLAN REVIEW TO CONTINUE IN GOOD STANDING.
DEVELOPMENT SERVICES DEPARTMENT — PLANNING DIVISION:
1. Development Plan Review No. DPR 2025-03 is valid for a period of twenty-four (24) months from the date of final determination, unless extended pursuant to Placentia Municipal Code (PMC) Section 23.75.080. If the development of the site and/or use approved by this action is not established by obtaining Building Permits within such a period of time, this approval shall be terminated and shall be null and void, unless an extension is applied for and approved.
2. Failure to abide by and faithfully comply with any and all conditions attached to this action, or with any federal, state, or local law, shall constitute grounds for revocation of said action by the City of Placentia Planning Commission.
3. The applicant shall, as a condition of project approval, at its sole expense, defend, indemnify and hold harmless the City, its officers, employees, agents and consultants from any claim, action, proceeding, liability or judgment against the City, its officers, employees, agents and/or consultants, which action seeks to set aside, void, annul or otherwise challenge any approval by the City Council, Planning Commission, or other City decision-making body or City staff action concerning applicant's project. The applicant shall pay the City's defense costs, including attorney fees and all other litigation -related expenses, and shall reimburse the City for any and all court costs, which the City may be required to pay as a result of such defense. The applicant shall further pay any adverse financial award which may issue against the City including but not limited to any award of attorney fees to a party challenging such project approval. The City shall retain the right to select its counsel of choice in any action referred to herein. The City agrees to promptly notify the applicant of any such claim filed against the City and to fully cooperate in the defense of any such action.
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4. The site plan, floor plans, elevation plans, fire plan, conceptual grading plan, conceptual perspectives, and all associated architectural and civil drawings, including the colored renderings, dated received on March 4, 2026, shall be the conceptually approved design.
5. The five (5) live -work units shall be developed only in the specific locations and configurations reflected on the approved site plan and floor plans received and dated March 4, 2026, and maintained on file with the City of Placentia Planning Division. The approved plans shall serve as the controlling reference for the identification, orientation, and layout of the live -work units. Relocation, reconfiguration, reduction, or substitution of the approved live -work units, including modification of the ground -floor non-residential component, shall not occur unless first approved by the Development Services Director through a formal amendment to this entitlement and, if applicable, modification of the recorded live -work covenant. Building permit plan check submittals shall be consistent with the approved March 4, 2026, plan set identifying the live -work units. Any inconsistencies shall be referred to the Planning Division for review prior to permit issuance.
6. Any significant modifications to the approved site plan, floor plans, elevation plans, open space plan, fire plan, conceptual grading plan, conceptual perspectives, including any modifications which will change, expand, or intensify the use(s) shall be subject to review and approval by the Director of Development Services. The Director of Development Services or his or her designee may determine if such significant modifications require approval by the City of Placentia Planning Commission or may be approved administratively by City staff.
7. Prior to the issuance of Final Certificate of Occupancy, the applicant and/or property owner, and/or their designee shall submit a one-time payment of $17,000 as the applicant and/or property owner's fair share payment required for the City's preparation of a streetscape master plan and master planning for Specific Plan No. 5 (SP -5).
8. Developer and/or property owner shall be obligated to annex into the Community Facilities District No. CFD 2014-01 (Public Services), or any subsequently created Community Facilities District (CFD) (Public Services) pursuant to the provisions of California Government Code Section 53311, et seq. The required annexation pursuant to this condition of approval shall be on a per -building basis, consistent with and fully completed in accordance with California law prior to issuance of a final certificate of occupancy for each of the buildings, unless Developer opts to annex in sooner
9. Developer and/or property owner shall annex into the Landscape Maintenance District No. LMD 1992-01 pursuant to the provisions of California Streets and Highways Code Section 22500, et seq. The required annexation into LMD No. 1992-01 pursuant to this condition of approval shall be on a per -building basis, consistent with and fully Resolution No. PC -2026-03
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completed in accordance with California law prior to issuance of a final certificate of occupany for each of the buildings, unless Developer opts to annex in sooner.
10. Developer and/or property owner agrees to annex into the Street Lighting District No.
SLD 1981-01 pursuant to the provisions of California Streets and Highways Code Section 22500, et seq. The required annexation into SLD No. 1981-01 pursuant to this condition of approval shall be on a per -building basis, consistent with and fully completed in accordance with California law prior to issuance of a final certificate of occupany for each of the buildings, unless Developer opts to annex in sooner. 11 Prior to the issuance of any Final Certificates of Occupancy for the project, the property owner/applicant shall prepare, submit for City review and approval, and record with the Orange County Recorder an irrevocable covenant and agreement in a form acceptable to the Development Services Director and City Attorney.
The covenant shall run with each live -work Assessor's Parcel Number (APN) and be binding upon all successors, heirs, and assigns, and shall substantially be based on the following provisions:
a. The ground floor live -work space of each designated live -work unit shall be reserved and continuously maintained for a non-residential use. b. Permitted uses of the ground floor live -work space shall be limited to those allowed within the SP -5 zoning district and consistent with the project approvals. If the use requires a business license, occupant shall be required to obtain one from the City of Placentia.
c. Residential occupancy of the live -work unit shall be accessory to and subordinate to the approved commercial/work component.
d. The occupant shall not materially obstruct the view into the storefront. e. The covenant shall prohibit conversion of the ground -floor commercial space to exclusive residential use (i.e. bedroom) without prior City approval and amendment of the recorded covenant.
f Any proposed live -work signage must comply with all applicable City of Placentia rules and regulations.
g.
No significant storage is permitted in the live -work area except for storage that is directly associated with the live -work use of the space. h. The covenant shall be enforceable by the City of Placentia.
Evidence of recordation of the approved covenant shall be submitted to the Planning Division and Building & Safety Division.
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12. Prior to issuance of building permits, except as otherwise noted, the following shall be completed:
a. Project plans shall be submitted for the review and certification for inclusion into the entitlement file by the Director of Development Services and shall include the following information:
i. All Special Conditions of Approval and Standard Development Requirements of DPR 2025-03 and VTTM 19467. Include any project revisions on the applicable sheets of the project plans. Additionally, include separate sheets with approved Special Conditions of Approval and Standard Development Requirements to be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical, and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 -point.
ii. Typical cross section views and details through the property and across each property line as directed by the Director of Development Services. iii. Location of transformers, meters, and other above -ground appurtenances.
b. An exterior lighting (photometric) plan showing location, type of fixtures and areas of illumination shall be submitted and reviewed for compliance with City standards and the Placentia Municipal Code. Lighting shall neither negatively impact adjacent properties nor the public right-of-way. c. Submit landscape and irrigation plans. The applicant must follow the procedure for approval under the MWELO for the proposed landscaping. A MWELO procedure and approval package is available from the front counter in the Development Services Department.
d. Postmaster approval of the location and design of the mailboxes, if applicable. e. All applicable provisions of the Placentia Municipal Code (PMC) shall be met prior to issuance of Building Permits and shall be adhered to at all times.
13. The following conditions shall be completed prior to issuance of a grading permit:
a. The developer shall submit for City approval a construction staging plan that indicates how safe vehicular and pedestrian access to the site will be maintained for the duration of the construction period. The construction stage plan shall include measures such as, but not limited to the following:
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i. A telephone number and name of a designated contact person(s) for registering complaints or comments shall be posted in a clearly visible manner along the perimeter of the site.
ii. When construction vehicles accessing the site are expected to obstruct pedestrian and vehicular access along W. Orangethorpe Avenue and S.
Placentia Avenue, a flag person or an approved alternative method shall be employed to direct traffic effectively.
iii. If any sidewalk is blocked during construction, alternate routes for pedestrians and bicycles shall be clearly marked with signs approved by the City.
iv. All access points shall be clearly marked during construction, and if an access point is blocked during construction, a detour sign to an alternate access point shall be clearly posted.
v. A detailed timeline outlining the course of major ground disturbing activities as trenching, excavation, and grading, including all construction work that will take place on the property.
14. Prior to issuance of building permits, the applicant shall submit landscape and irrigation plans for review and approval by the Development Services Director consistent with the Placentia Municipal Code and MWELO requirements. The landscape palette along all project street frontages shall make best efforts to be substantially consistent with the plant materials, streetscape character, and design intent of any adopted Specific Plan No. 5 (SP -5) Streetscape Master Plan, if such plan has been formally adopted by the City prior to approval of the project landscape plans.
In the event the SP -5 Streetscape Master Plan has not been adopted at the time the applicant's landscape plans are deemed complete and actively in plan check with the City, the applicant may proceed with the proposed landscape palette as approved, and the City shall not require redesign of approved landscape plans solely for the purpose of achieving consistency with a subsequently adopted streetscape master plan.
If the Streetscape Master Plan is adopted prior to approval of the project landscape plans, the applicant shall work with the Planning Division to incorporate plant materials and design elements that achieve substantial consistency with the adopted palette, as determined by the Development Services Director.
15. During demolition, grading, site development, and/or construction, the following shall be adhered to:
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a. Construction equipment shall be maintained in peak operating condition to reduce emissions.
b. All off-road diesel -powered construction equipment shall utilize ultra-low sulfur diesel fuel consistent with CARB requirements.
c. Truck idling shall be prohibited for periods longer than 5 minutes. d. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts.
e. Discontinue operation during second stage smog alerts. f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/ grading activity. g. All Placentia Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday — Friday, 7:00 AM to 7:00 PM, and Saturdays 9:00 AM to 6:00 PM. Such activities are prohibited on Sundays and Federal holidays.
16. The final Certificate of Occupancy cannot be approved until the following is completed for each respective portion of the property:
a. The Developer shall pay in full to the City of Placentia all applicable citywide Development Impact Fees required under Title 5 of the Placentia Municipal Code, including, but not limited to library, signage, civic improvement projects, public safety, parks and traffic mitigation.
b. The property owner(s) and/or their successor(s) shall annex into those district(s) identified by Condition Nos. 8-10 above. If the subject property is sold prior to annexation into the aforementioned districts, the future property owner(s) must complete the annexation and initiation processes and no final Certificates of Occupancy shall be issued prior to completion of annexation. c. Submission, approval, and installation of an on-site public art installation shall be required. It is strongly recommended that the chosen public art piece reflects the rich history of the City of Placentia, focusing on significant aspects such as the citrus growing industry or early oil production eras that contributed to the city's development. Alternatively, the artwork may capture the essence and diversity of the city's community fabric. The public art piece will undergo evaluation and approval by the Development Services Director and the Housing, Community, and Economic Development Committee. The total cost Resolution No. PC -2026-03
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of submission, approval, installation, and lighting of the on-site public art element shall not be required to cost the developer more than $25,000. If, 60 days prior to the issuance of the first temporary Certificate of Occupancy the applicant has not yet received final approval for the public art element from all necessary approval bodies, the applicant may pay the City $25,000 to satisfy this condition, less any actual related costs incurred. The public art element shall adhere to the following parameters:
i. The public art element shall not be commercial in nature, a reproduction, or mass produced.
ii. Artwork setting and its visibility are important project design considerations and shall be clearly visible to the public. iii. The art piece shall be a permanent part of the development and must remain in place for the life of the development. The work must be fixed and located at or adjacent to the site and visible to the public. iv. Outdoor artwork must be illuminated sufficiently to ensure clear visibility from the nearby right-of-way during evening hours.
17. The use shall comply with the following:
a. The property owner(s) and/or respective Homeowners Association (HOA) shall be responsible for maintaining all common areas and improvements, including landscaped areas, walkways, sidewalks, and on-site paved surfaces, in a clean and orderly condition and free from graffiti, debris, and litter. Graffiti shall be removed by the property owner(s) and/or HOA within 72 hours of defacement and/or upon notification by the City.
b. The property owner(s), land management company, or similar entity shall furnish all prospective buyers with a disclosure agreement, informing them of the potential for noise and odor arising from nearby industrial activities or businesses. It is mandatory for all buyers to sign this agreement, thereby acknowledging and accepting the existence of these potential impacts. A copy of the disclosure agreement must be provided to the City's Development Services Department for inclusion in the entitlement file. c. The development shall not include vehicular access gates, guard -controlled entry features, or any other device that restricts or controls vehicular access to the project site. All drive aisles and vehicular access points shall remain openly accessible at all times, consistent with the approved site plan and fire access requirements. Any proposal to install vehicular access control features, including but not limited to vehicular gates, security arms, or controlled entry systems, shall require review and approval by the Development Services Director through a formal amendment to this entitlement.
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AB 130 CEQA EXEMPTION TRIBAL RESOURCE MEASURES
18. If evidence of an archaeological site or other suspected historical resource as defined by CEQA Guidelines § 15064.5, including darkened soil representing past human activity ("midden"), that could conceal material remains (e.g., worked stone, fired clay vessels, faunal bone, hearths, storage pits, or burials) are discovered during any project -related earth -disturbing activities, all earth -disturbing activities within 100 feet of the find shall be halted until the City of Placentia is notified. The project applicant shall retain an archaeologist who meets the Secretary of the Interior's Professional Qualifications Standards for Archaeology to assess the significance of the find. Any identified cultural resources shall be recorded on the appropriate DPR 523 (A -L) form and filed with the South Central Coastal Information Center (SCCIC). Construction activities may continue on other parts of the Proposed Project Site while evaluation and treatment of prehistoric archaeological resources takes place.
19. Prior to issuance of a grading permit, the applicant shall retain a Native American Monitor Prior to Commencement of Ground -Disturbing Activities:
a. The project applicant shall retain a Native American Monitor from or approved by the Gabrieleno Band of Mission Indians — Kizh Nation and Juaneno Band of Mission Indians, Acjachemen Nation - Belardes. The monitor shall be retained prior to the commencement of any "ground -disturbing activity" for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). "Ground -disturbing activity" shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.
b. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground disturbing activity, or the issuance of any permit necessary to commence a ground - disturbing activity.
c. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground -disturbing activities, the type of construction activities performed, locations of ground -disturbing activities, soil types, cultural -related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or "TCR"), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon written request to the Tribe.
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d. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh and Acjachemen from a designated point of contact for the project applicant/lead agency that all ground -disturbing activities and phases that may involve ground -disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh and Acjachemen to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh and Acjachemen TCRs.
e. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by both the Kizh and Acjachemen monitor and/or Kizh and Acjachemen archaeologist. The Kizh and Acjachemen will recover and retain all discovered TCRs in the form and/or manner the Tribes deems appropriate, in the Tribes' sole discretion, and for any purpose the Tribes deems appropriate, including for educational, cultural and/or historic purposes.
20. Prior to issuance of grading permit, the following notes shall be listed on the grading plans for the project:
Unanticipated Discovery of Human Remain and Associated Funerary Object a. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code, Section 5097.98, are also to be treated according to this statute.
b. If Native American human remains and/or grave goods discovered or recognized on the project site, then all construction activities shall immediately cease. Health and Safety Code, Section 7050.5, dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all ground -disturbing activities shall immediately halt and shall remain halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission, and Public Resources Code, Section 5097.98, shall be followed.
c. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).
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d. Construction activities may resume in other parts of the project site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the Kizh determines in its sole discretion that resuming construction activities at that distance is acceptable and provides the project manager express consent of that determination (along with any other mitigation measures the Kizh monitor and/or archaeologist deems necessary). (CEQA Guidelines Section 15064.5(f).)
e. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods.
f. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.
21. Prior to issuance of grading permit, the following notes shall be listed on the grading plans or the project:
Procedures for Burials and Funerary Remains
a. As the Most Likely Descendant ("MLD"), the Koo-nas-gna Burial Policy shall be implemented. To the Tribe, the term "human remains" encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains. b. If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery, and a separate treatment plan shall be created.
c. The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations will either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials.
d. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24- hour guard should be posted outside of working hours. The Tribe will make every effort to recommend diverting the project and keeping the remains in situ and protected. If the project cannot be diverted, it may be determined that Resolution No. PC -2026-03
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burials will be removed.
e. In the event preservation in place is not possible despite good faith efforts by the project applicant/developer and/or landowner, before ground -disturbing activities may resume on the project site, the landowner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects. f. Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible. These items should be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the project site but at a location agreed upon between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered.
g.
The Tribe will work closely with the project's qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the Tribe, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery data recovery -related forms of documentation shall be approved in advance by the Tribe. If any data recovery is performed, once complete, a final report shall be submitted to the Tribe and the NAHC. The Tribe does not authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains.
DEVELOPMENT SERVICES DEPARTMENT — BUILDING DIVISION:
22. The submitted plans for plan checking shall conform to the 2025 CBC, CMC, CEC, CPC, CFC, CALGreen, CFC, and California Energy Standards codes.
23. The complete legal description of the property shall be addressed on plans as part of the project information.
24. The plans to be submitted for plan checking shall contain complete architectural, structural, electrical, mechanical, plumbing, CALGreen, and State Title 24 Energy Standards Codes. All plans must be prepared, sealed and signed by a California Licensed Professional within their scope of work.
25. The Mandatory Measures of the CALGreen and Title 24 Energy Standards Codes including the Compliance Forms shall be printed on the plans to be submitted.
CalGreen shall be completed and shall specify where on the plans the applicable measures are shown.
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26. The site plan, which addresses the boundaries of the property shall be prepared, sealed, and signed by a California Licensed Land Surveyor.
27. Provide proper fire and smoke protection between dwellings.
28. Provide compliance with CBC chapter 11A for the multifamily dwellings as applicable.
29. Provide a Geotechnical Engineer Report prepared, sealed, and signed by the Geotechnical Engineer on record.
PUBLIC WORKS DEPARTMENT:
30. The following items will be required for plan check:
a. Grading plan;
b. Geotechnical report;
c. Water Quality Management Plan (WQMP) in the form and content per the City's WQMP template;
d. Improvement Plan and Utility Plan; and
e. Final Map
31. The applicant must fill out and submit a Red Imported Fire Ant -pest Exclusion Program (RIFA) Form to the California Department of Food and Agriculture and provide the City of Placentia a copy of the approved form.
32. Provide signature block for City Engineer: License Number C82756.
33. All improvement and grading plans shall be drawn on twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a registered civil engineer or other registered/licensed professional as required.
34. Prior to recordation of the final map, the public improvement plans as required shall signed by the City Engineer.
35. Prior to issuance of a final Certificate of Occupancy, the engineer of record shall submit all approved project plans on an approved electronic format to the Public Works Department. If the required files are unavailable, the applicant shall pay a scanning fee to cover the cost of scanning the as -built plans.
Demolition
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36. Provide a full set of plans for demolition of the existing facilities and utilities, including above ground and underground structures, footings, utilities, vaults, fences, walls, sewer lines, storm drain pipes, waterlines, etc., Plans shall address conditions and procedures, as are necessary, to show that the demolition work will be conducted without creating a hazardous condition, when excavating next to other existing footings, walls and slopes. A separate demolition permit is required from the Building Department, prior to performing any kind of demolition on site. Prepare and submit a Construction and Demolition Waste Management Plan (WMP) for City approval. An approved WMP is required in order to obtain a demolition permit.
37.A copy of the Grant deed and owner's permission on the application for demolition is required at the time of issuance of the permit.
38. Any unused existing on-site sanitary sewer lateral lines must be removed and capped at the property lines. The sewer cap shall be inspected, and shall not be covered until an inspection has been made by the Department of Public Works Inspector. This inspection shall be requested at least 24 hours before the inspection is needed.
39. Provide AQMD Rule 1403 permit number, prior to starting any demolition work
40. It is the applicant's responsibility to notify all utility companies and the City of Placentia for disconnection and removal of the existing utilities, vaults and meters. It is also the applicant's responsibility to ensure applicant notifies the Building Inspection Division that these utilities have been properly disconnected.
41. Provide an erosion control plan, Storm Water Pollution Prevention Plans (SWPPP) for protection of the site during construction activities.
Grading
42. Prior to the issuance of a grading permit, the applicant shall prepare a Low Impact Development (LID) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and/or non-structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP) and LID Implementation Guideline. Website available at
( http://ocwatersheds.com/Dubliced/residents/alltd) Particular attention should be addressed to the appendix section "Best Management Practices for priority redevelopment." The LID shall clearly show the locations of structural or Nonstructural BMP's, and assignment of long term maintenance responsibilities. The plan shall be prepared to the general form and content and submitted to the Director of Public Works/City Engineer for review and approval.
43. Prior to the issuance of a grading permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices Resolution No. PC -2026-03
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(BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non-structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the general form and content shown in the City of Placentia's WQMP Template and shall be submitted to the City Engineer for review and approval. Website available at ( http://www.placentia.orq/index.aspx?nid=262)
44. Prior to the issuance of a grading permit, the applicant shall demonstrate to the City Engineer that coverage has been obtained under the California's General Permit for Discharge of Storm Water Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number to the City Engineer. Construction activity subject to this permit includes clearing, grading and disturbances to the ground such as stockpiling, or excavation. Prior to the issuance of a grading permit, the applicant shall submit to the City Engineer for review a Stormwater Pollution Prevention Plan (SWPPP). A copy of the approved SWPPP shall be kept at the project site and available for review upon request.
45. Prior to the issuance of grading permits, the applicant shall prepare and submit a precise grading plan prepared by a licensed civil engineer to the Engineering Division of the Public Works Department showing building footprints, new and revised pads and elevations of finished grades, drainage routes, retaining walls, erosion control, slope easements, structural best management practices (BMPs) conforming to the approved water quality management plan, and other pertinent information. The project development shall accept and make provisions for the existing surface water that are the natural flows from the adjacent properties immediately abutting to the development site.
46. Prior to approval of the final design plans and issuance of a grading permit, the applicant shall conduct a site-specific geotechnical investigation for the entire site and prepare a report that fully assesses the geologic and soil conditions of the site. As part of the report preparation, soil sampling and any geotechnical testing will be completed at each location where structures are to be erected. The report shall provide grading and structural design recommendations for avoiding liquefaction, subsidence or collapse for each of the proposed structures and percolation test for infiltration rate fulfilled per Appendix VII of OCTGD. The recommendations shall be implemented by the Applicant.
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47. Prior to the issuance of a grading permit, erosion control plans and notes shall be submitted and approved by the Engineering Division of Public Works Department. 48 All private slopes of 4 feet or more in vertical height and of 4:1 or greater slope, but less than 2:1 slope, if any, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy.
49 The development site shall be graded to drain surface water to the existing City storm drain system with no cross -lot drainage permitted. Drainage shall be indicated on the precise grading plans.
50 Surety and agreement guaranteeing completion of all on-site grading improvements including drainage, structural BMPs, erosion control, grading operations shall be posted and executed to the satisfaction of the City Engineer prior to the issuance of grading permits.
51. The final grading plan for the parcels shall be substantially the same, specifically with regard to pad elevations, size, and configuration; as the proposed grading illustrated on the approved site plan. If there is a significant deviation between the two plans, the Community Development Director and the City Engineer will review the plans and determine if a finding of substantial conformance can be made prior to the issuance of a grading permit. The Community Development Director and the City Engineer may refer the matter to the Planning Commission for an opinion before making a decision.
Failure to achieve such a finding will require processing a revised site plan. 52 Prior to issuance of any building permits, the site grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency with each other and for consistency with the requirements and standards of the City of Placentia, to the extent final plans are available.
53. Prior to issuance of grading permit, the applicant shall submit a preliminary title report no older than 90 days.
54. The applicant shall provide a quitclaim or relocation of easement, if any, as applicable in plan review process prior to issuance of grading permit.
55. Provide and identify all pavement and driveway paving materials used inside the development areas.
56. Identify all storm drain structures, types, sizes and specifications on the plans.
57. Prior to issuance of the final occupancy permit, all public improvements shown on the plans shall be constructed to City Standards.
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58. Preliminary WQMP shall include a feasibility check to ensure the proposed infiltration BMPs are not proposed to be within 100 feet horizontally of a water supply well and/or non -potable well for the protection of groundwater quality per Orange County TGD.
Public Improvements and Construction
59. Prior to issuance of grading permits, the applicant shall prepare and submit a street improvement plan prepared by a licensed civil engineer to the Engineering Division of the Public Works Department. All public improvements shown on the plans and/or tentative map shall be constructed to City of Placentia standards, ordinances, and policies, and shall be completed prior to the Final Certificate of Occupancy.
60. Prior to issuance of the final occupancy permit, all new public improvements shall be constructed satisfactorily to City Standards.
61. Prior to the recordation of a final map, the applicant shall enter into an agreement and post security bond, in a form and amount acceptable to the City Engineer, guaranteeing the construction of public improvements in conformance with applicable City standards, and City Code, including, but not limited to the following improvements as applicable:
a. Street improvements including but not limited to: pavement, curb and gutter, sidewalks, driveway approaches, street lights, signing, striping, traffic signal systems and other traffic control devices as appropriate b. Storm drain facilities
c. Landscaping
d. Sewer systems
e. Street lighting
62 Prior to the issuance final Certificate of Occupancy all public improvements listed below shall be constructed and/or installed. All of the public improvements immediately adjacent to and within the boundaries of the project/property area to the centerline of Orangethorpe Avenue and Placentia Avenue are referred to as "on-site" improvements. All new utilities, including electric power, telephone, telecommunication fiber and/or cable TV in the street adjacent to and on-site shall be placed underground in accordance with the City of Placentia standards and ordinances. All existing utility poles and associated overhead utility lines located along the project/project frontage shall be removed, unless electrical lines supported by the utility poles are determined to be transmission (which is sometimes classified as subtransmission but included in SCE's ISO -controlled transmission circuits) lines as defined pursuant to PMC Resolution No. PC -2026-03
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22.48.010, in that case no undergrounding of utilities or poles is required. All the frontage street improvements shall follow and comply with applicable City standards, and City Codes, and the following design standards throughout, including but not limited to landscaping, street and pedestrian lights, in addition to the following requirements:
a. Driveways shall conform to the applicable City of Placentia standards and shall be shown on the street improvement plans.
b. Driveways shall be located at a minimum of two (2) feet from the property line as measured where the driveway meets the property line to satisfy adequate line of sight requirements.
c. All new or replaced curb ramps shall be constructed to current ADA or CBC standards. Applicant will be required to utilize the services of the City's CASp inspector at applicant's expense to provide inspection and certification of that all new or replaced ADA facilities constructed within the public right-of-way are ADA -compliant.
d. The minimum centerline and flowline grades shall be one percent unless otherwise approved by the City Engineer and Fire Marshall. e. Repaint crosswalks at the Orangethorpe/ Placentia Avenue intersection for enhanced visibility.
f. Placentia Avenue and Orangethorpe Avenue shall be repaved along the project frontage from the project property line to the centerline. g.
All engineered street and public improvement plans and specifications shall be prepared in accordance with City and County of Orange Standards. Shop drawings and product data shall be provided for the City's review and approval for all the public improvement items listed above, PRIOR to their installation. 63 The sidewalk along Placentia Avenue shall be widened to a minimum eight (8) feet for consistency further north and south along Placentia Avenue. This would also be consistent with the sidewalk on Orangethorpe Avenue. An easement is already in place for this; no dedication is required. If such width cannot be accommodated entirely within the existing public right-of-way, the Public Works Director may modify or waive this condition. If not modified or waived, the applicant shall work with the Engineering Division to dedicate or grant an irrevocable public easement, which choice shall be at the applicant's discretion and to the extent that it does not require movement of any building footprints shown in the plan set received on March 4, 2026, for sidewalk purposes sufficient to accommodate the eight -foot (8') sidewalk width. If an easement, said easement shall be recorded with the Orange County Recorder's Office prior to issuance of the Final Certificate of Occupancy and shall be subject to review and Resolution No. PC -2026-03
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approval by the City Engineer and City Attorney. All improvements shall be designed and constructed to City standards and shall ensure compliance with ADA accessibility requirements.
64. Improvement plan surveying data shall be based upon a centerline profile extending beyond the project boundaries a minimum distance of 150 feet at a grade and alignment approved by the City Engineer, to ensure accurate joining to existing conditions.
Storm Drain Improvements and Construction
65. Unless otherwise approved by the Public Works Director, the project street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area and outlet points.
66. Provided there is adequate capacity in the Placentia Avenue and Orangethorpe Ave. storm drains, the development site shall be graded to drain surface water to the existing City storm drain system with no cross -lot drainage permitted. The storm drain catch basins shall be upsized if there is not adequate capacity. If a drainage crossing a property line is altered and involves the use of drainage pipes, culverts, and V -gutters to conduct the storm water to an approved City storm drain system, a drainage easement shall be established by the recordation of Covenants Agreements and Restrictions for the benefit of each lot. Drainage easement shall be indicated on the precise grading plans.
67. Drainage easements, when required, shall be shown on the grading plans and noted as follows: "Drainage Easement — no buildings, obstructions, or encroachments by landfills are allowed."
68. The project shall be designed to accept and properly dispose of all off-site drainage flowing onto or through the site. The storm drain design and improvements shall be subject to review and approval by City Engineer. The hydraulics and hydrology report shall include detailed drainage studies indicating how the grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, BMP treatment and LID, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100 -year flood per the Orange County Hydrology Manual.
69. Prior to the approval of the improvement plans, the hydrology study shall show that the 25 -year storm flow will be contained within the street from curb to curb and the 100 - year storm flow shall be contained within the street right-of-way. When either of these criteria are exceeded, additional drainage facilities shall be installed. All analysis shall comply with the Orange County Hydrology Manual and County Local Drainage Manual.
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70. Drainage facilities with sump conditions shall be designed to convey the tributary 25 - year storm flows. Secondary emergency flow bypass shall also be provided as approved by City Engineer.
71. The post development peak flow rate generated from the project site shall be less than or equal to the predevelopment peak flow rate from the site for all frequency storms up to and including 100 -year return.
Sewer Line Improvements and Construction
72. The applicant shall prepare a sewer capacity analysis per City of Placentia guidelines, including CCTV to address the future development demands. The developer shall coordinate and incorporate the results of this study into the sanitary sewer development and design. Sewer flow calculations justifying sewer line design up to the connection points shall be prepared by a registered civil engineer and submitted as part of a sanitary sewer improvement plan for approval by the City Engineer.
73.Onsite water improvement and fire protection plans shall be approved by the Fire Marshal, the local water district, and City Engineer. The water distribution lines and appurtenances shall conform to the applicable laws and adopted regulations enforced by the Golden State Water Company.
74. Prior to the issuance of a building permit, the applicant shall dedicate ingress and egress of the access route within the project site and improve it fully operational as required by the City of Placentia Fire Department and satisfaction to the City Engineer.
75. The applicant shall submit a Will Serve Letter from Orange County Sanitation District and Golden State Water Company.
76. If new sanitary sewer connections are needed, developer shall install new sanitary sewer manholes at the proposed connection to the existing City sewer line.
Traffic
77. Parking and on-site circulation requirements shall be maintained at all times. a. All pavement markings and signage including parking spaces, directional designations, no parking designations and fire land designations shall be clearly defined and said signage and markings shall be maintained in good condition at all times.
b. Parking site circulation and street surfaces shall be maintained in good condition at all times and shall be swept at least as frequently as public streets in Placentia.
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c. All areas of landscaping shall be permanently and continuously maintained by the HOA.
78. Provide intersection sightlines per Orange County Public Works Standard 1117.
79. Provide an updated LOS memo based on the 2024 Traffic Impact Analysis prepared by RK Engineering. All project specific parameters shall be updated and if additional analysis is determined necessary, it shall be completed by the applicant to the satisfaction of the City Engineer.
80. Internal private streets shall be designed and constructed in accordance with PMC Section 22.20.035. Street widths may be reduced subject to City Engineer approval where on -street parking is prohibited.
81. Vehicular access along Placentia Avenue shall be restricted to right -in and right -out movements only. This restriction shall be achieved through the installation of a mountable "porkchop" median designed to channelize traffic, resulting in two separate driveways with a pedestrian refuge area located between the driveways.
The final design and configuration shall be subject to review and approval by the City Engineer.
82. The proposed driveway location along Orangethorpe Avenue reduces available storage length for eastbound entering traffic. A minimum three -vehicle queuing distance shall be provided on Orangethorpe Avenue. If adequate queuing cannot be accommodated, driveway access shall be restricted to right -in and right -out and left -out movements only, subject to review and approval by the City Engineer.
83. There shall be no on -street parking along Placentia Avenue and Orangethorpe Avenue along the project frontage. Appropriate curb markings, signage, and striping shall be installed as determined by the City Engineer.
FIRE AND LIFE SAFETY DEPARTMENT
84. Parking Restrictions - No parking is permitted on roadways that are narrower than 28 feet in width. Parking on one side is permitted on a roadway that is at least 28 feet but less than 36 feet in width. Parking on two sides is permitted on a roadway 36 feet or more in width. These restrictions apply to all roads serving as fire lanes.
85. The hydrant shall be located at least 40 feet from the building(s) it serves. Where it is impractical to locate the hydrant 40 feet from adjacent structures, hydrant spacing shall be reduced by 50%. Fire hydrants may be located closer provided that nearby walls do not contain openings and the hydrant is not otherwise located where it can be rendered inoperable due to damage from collapsed walls, debris, or excessive heat.
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86. Vegetation - As stated previously, certain types of ground cover and low -growing plants present an impediment to firefighting and rescue operations and are prohibited from being planted in the access walkway. In addition, taller vegetation such as shrubs and trees may not be located where they will, either when planted or upon maturation, present an obstruction to accessing rescue windows. Raised planter areas are not allowed to be used as rescue ladder access points.
87. Prior to the issuance of building permits:
a. The Placentia Fire & Life Safety Department, at time of plan or permit submission, will charge certain fees for plan review and inspections. Fees will be determined at the time of plan review and/or inspections b. The proposed project shall comply with the applicable codes and standards of Title 24, Part 1-12.
c. The referenced standards shall include the California Fire Code as adopted and amended by the City of Placentia.
d. The required fire flow shall be 1,875 GPM for a 3 -hour duration at 20 PSI residual operating pressure pursuant to the California Fire Code Appendix B and as amended by the City of Placentia Fire & Life Safety Department.
Documentation is required from the local water purveyor or an approved third party verifying that the system can meet the required fire flow prior to conditions of approval being established. If a third party is being used, they must be approved by the Fire Marshal. If the system is not capable of meeting the required fire flow documentation shall be provided showing financial arrangements have been made and water system improvement plans have been submitted and approved by the City of Placentia Fire & Life Safety Department and the local water purveyor to upgrade the existing water system prior to release of building permits.
e. Roadway design features (speed humps, bumps, speed control dips, etc.) which may interfere or delay emergency apparatus responses shall not be installed or allowed to remain on the emergency access roadways if installed after the project's completion.
f. Water improvement plans shall be approved by the City of Placentia Fire & Life Safety Department. The Developer shall furnish the City of Placentia Fire & Life Safety Department with three (3) copies of the water improvement plans designed by a Registered Engineer and/or Licensed Contractor. On-site private fire service mains shall have a minimum of eight (8) inch water mains with six (6) inch laterals and risers. Larger pipes may be required to meet required fire flow requirements. Fire hydrants shall provide one 4" port and 2- 2 1/2 ports and must be an approved fire hydrant type. See the City of Placentia Fire & Life Resolution No. PC -2026-03
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g.
Safety Department Guideline for further details. The private fire hydrant system must be reviewed, approved, permitted and installed, tested, and accepted, prior to combustible construction.
The existing fire hydrant system is insufficient to provide the required fire flow and additional public and/or private fire hydrants are required. Plans and specifications must be submitted, reviewed, approved and permits issued prior to the installation.
h. Prior to combustibles being brought to the site or premises final inspection (storage yards), the developer shall provide written certification from the local water purveyor, dated within the last thirty days, that:
i. All public fire hydrants or water purveyor connections required for the project have been installed, tested, and approved; and
ii. Are permanently connected to the public water main system; and iii. Are capable of supplying the required fire flow as required by the City of Placentia Fire & Life Safety Department.
88. Prior to Demolition and Construction:
a. Prior to demolition and construction, the applicant shall provide for the necessary requirements found in the California Fire Code Chapter 33 — Fire Safety During Demolition and Construction and ensure that the controls and safeguards are maintained.
b. Fire Apparatus Access roads (all roads in project) shall be usable (paved), accessible and fire hydrant(s) shall be capable of flowing required GPM and shall be tested/accepted by the City of Placentia Fire & Life Safety Department prior to dropping any lumber for construction.
c. Lumber drop inspection — an inspection shall be scheduled with a PFLSD inspector to verify that access roadways and operable hydrants have been provided for buildings under construction. For buildings of Type IV and V construction (and non-combustible structures that may have a portion of the exterior walls, facade, or other building elements comprised of wood or other combustible material), a lumber drop inspection shall occur prior to bringing combustible building materials on site. See additional requirements found within the guideline for the City of Placentia Fire & Life Safety Department — Water and Access requirements (httos:// www.olacentia.orq/929/Communitv- Risk-Reduction)
89. Prior to occupancy:
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a. Permanent residential three-dimensional street numbers, at a minimum of 4 inches in height, shall be provided on the address side of the building at the highest point and furthest projection of the structure. The address shall be illuminated and visible from the street and shall not be obstructed in any manner. Additional addressing is required to meet these requirements and be installed above each garage unit for fire department access requirements. b. Any gate or barrier across a fire access roadway, whether manual or automatic, must meet the City of Placentia Fire & Life Safety Department requirements and have specific plans and permits approved prior to installation. Gates serving multi -family, assembly, educational, hazardous, institutional, or storage structures must be automatic and meet UL 325 and ASTM F2200 standards.
Knox brand key -operated electric key switch keyed to the City of Placentia Fire & Life Safety Department specification are required. The Knox switch shall override all gate functions and open the gate. Other access control systems, such as pre-emption device eyes, are also required and must be installed as directed by the Fire Marshal. Gates across fire apparatus access roadways must clearly indicate compliance with this section on the fire access and site plan
c. Fire lane designations shall be required for all fire access roadways as determined by the City of Placentia Fire & Life Safety Department. Posted signs which state "FIRE LANE, NO PARKING CVC 22500.1" shall be installed every 50 feet along the fire lanes. See City of Placentia Fire & Life Safety Department guideline for further requirements and details. Curbs shall be painted red and stenciled with white letters indicating the same on the face and top of any curb as directed by the City of Placentia Fire & Life Safety Department. All Fire lanes shall be marked and identified prior to any Certificate of Occupancy being issued.
d. Prior to Fire Department clearance for occupancy, an automatic fire sprinkler system shall be installed. The system shall comply with NFPA #13-D Standard for Automatic Fire Sprinkler Systems -Single Family Dwelling. Plans will be accepted only electronically and shall include fire sprinkler piping plans and details, hydraulic calculations, and material specifications sheets for all equipment used in the system and shall be submitted per the policy of the City of Placentia Fire & Life Safety Division for electronic submission. These shall be submitted by a State of California Licensed C-16 Contractor for review, approval, and permits must be issued prior to commencing work. The project is considered as a townhome design which authorizes the use of the NFPA 13- D system, with separate water meters for each unit.
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POLICE DEPARTMENT
90. The applicant, property owner, and their successors in interest shall comply with all applicable provisions of the Placentia Police Department Standard Building Security Requirements for standard residential development standards (October 2022), as adopted by the Chief of Police pursuant to California Penal Code Section 14051. Said document, in its entirety, is hereby incorporated by reference as though fully set forth herein and shall constitute binding conditions of approval applicable to the hotel development project.
Prior to the issuance of any building permit, plans shall be submitted to the satisfaction of the Chief of Police and the Director of Development Services demonstrating conformance with all applicable standards contained therein, including but not limited to provisions governing items as building access, lighting, parking areas, emergency response access, and construction site security.
Any modification, deviation, or waiver from the adopted Standard Building Security Requirements shall require the prior written consent of the Chief of Police, whose determination shall be final unless otherwise appealed in accordance with the procedures set forth in the Placentia Municipal Code.
Failure to maintain compliance with the approved standards and any subsequently authorized modifications shall constitute a violation of this approval and may result in the suspension or revocation of project entitlements pursuant to Chapter 23.87 of the Placentia Municipal Code.
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RESOLUTION NO. PC -2026-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PLACENTIA, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL OF THE CITY OF PLACENTIA,
CALIFORNIA, ADOPTION OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT ("CEQA") STATUTORY
EXEMPTION, CALIFORNIA PUBLIC RESOURCES CODE §
21080.66 (AB 130 — INFILL HOUSING DEVELOPMENT
PROJECTS), AND RECOMMENDING APPROVAL OF
VESTING TENTATIVE TRACT MAP NO. VTTM 19467 FOR
THE SUBDIVISION OF THE SUBJECT PROPERTY FOR THE
PURPOSE OF CREATING 75 RESIDENTIAL CONDOMINIUM
UNITS ON A 2.72 -ACRE PREVIOUSLY DEVELOPED SITE, ON
PROPERTY LOCATED AT 777 W. ORANGETHORPE
AVENUE AND 776 S. PLACENTIA AVENUE (APN 339-112-27).
A. Recitals.
WHEREAS, Gilad Ganish, representing Orangethorpe Investment Partners, LLC, ("Applicant" hereinafter), regarding real property located 777 W. Orangethorpe Avenue and 776 S. Placentia Avenue (Attachment "A"), filed an application for approval of Vesting Tentative Tract Map No. 19467, as described in the title of this Resolution. Hereinafter, in this Resolution, the subject Vesting Tentative Tract Map request is referred to as the "Application"; and
WHEREAS, on March 10, 2026, the Planning Commission of the City of Placentia conducted, and concluded, a duly noticed public hearing, as required by law, and received a staff report and other relevant information from City staff and members of the public regarding the 75 -unit residential condominium townhome development with five live -work units, for the Vesting Tentative Tract Map Application; and WHEREAS, The Planning Commission heard testimony, received a report and other relevant information from City staff and members of the public regarding DPR 2025- 03 and VTTM 19467; and
WHEREAS, the Planning Commission finds that upon the date DPR 2025-03 is approved and in effect, previously approved Development Plan Review No. DPR 2021- 02 is hereby rescinded and null and void, and DPR 2025-03 is the only valid Development Plan Review entitlement related to the subject property; and WHEREAS, after careful consideration of all pertinent testimony and the staff report offered in the case, the Planning Commission voted to recommend approval of the "Application" to the City Council; and
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WHEREAS, All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, the Planning Commission of the City of Placentia recommends to the City Council the following:
Section 1. The Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct.
Section 2. Based upon substantial evidence presented to this Commission during the public hearing conducted with regard to the Application, including written staff reports, verbal testimony and development plans, this Commission hereby specifically finds as follows:
a. The proposed project will not be: (1) detrimental to the health, safety or general welfare of the persons residing or working within the neighborhood of the proposed development or within the city, or (2) injurious to the property or improvements within the neighborhood or within the city. Subject to compliance with the attached Conditions of Approval set forth in Attachment "A" of this Resolution and by this reference incorporated herein and Standard Development Requirements, the project complies with all applicable code requirements and development standards of Specific Plan No. 5 (SP - 5) for Parcel No. 9 and Title 22, and with other applicable regulations of the Placentia Municipal Code (PMC).
b. The proposed use is consistent with the City's General Plan. The General Plan Land Use designation for the subject site is "Specific Plan", and the proposed use does not involve any change in the land use of the subject site. The proposed project involves the development of the 75 -unit residential condominium townhomes, including five live -work units.
c. The proposed project as presented in the staff report and accompanying plans complies with all requirements of Chapter 23.105, Specific Plan 5, of the PMC. City Staff carefully examined the proposed development against the applicable development regulations prescribed in Title 23 (Zoning Ordinance) and determined it to be in substantial compliance. The proposed Development approval includes Conditions of Approval and Standard Development Requirements to ensure full compliance with applicable code requirements.
d. Conditions necessary to secure the purposes of this section, including guarantees and evidence of compliance with conditions are made part of this development approval. Attachment "A" contain Conditions of Approval and Standard Development requirements specific to this development application in order to provide assurances that the proposed construction of the residential development project and Resolution No. PC -2026-05
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related on and off-site improvements are in compliance with applicable requirements of the PMC.
e. That the proposed map is consistent with the General Plan. The proposed Vesting Tentative Tract Map is to support the construction of 75 -unit residential condominium townhomes, including five live -work units on the site. The proposed residential development is consistent with all policies, programs, and goals of the General Plan.
f. That the site is physically suitable for the type of development. The subject site is a 2.72 -acre parcel, which has been designed to accommodate the development, as well as sufficient parking and landscaping. Based on this, the subject site is adequate to accommodate the proposed townhome residential condominium project with live -work units.
g. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. The proposed subdivision is to allow the formation and subdivision of 75 residential condominium townhome units, which includes five live -work units, within the City of Placentia that will accommodate 11 residential townhome style buildings.
h. That the design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. As part of the review of the application, an extensive records search was completed. Additionally, the applicant submitted property documentation verifying all easements and encumbrances affecting the property as part of the application materials. Although easements have been identified, they are primarily for utility access purposes, and most will be protected in place and will not be altered by construction of the project.
i. That the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure wildlife or their habitat. The subject site is a previously developed car dealership property containing old and poorly maintained buildings, along with limited vegetation. There are no known areas on or adjacent to the site that support wildlife or sensitive habitat, including special -status species.
j. The intent of the SP -5 zoning district is to provide sites for uses that, through their respective characteristics, serve and cater to the broader community. The proposed project will be integrated into an existing developed area containing a diverse mix of commercial, quasi -residential uses such as hotels, and light industrial uses. The applicant has designed the residential development in a manner that advances the goals and policies of the General Plan and Zoning Code while avoiding significant impacts to adjacent properties through thoughtful site planning, appropriate building placement, and quality architectural design. Furthermore, the proposed project will enhance the surrounding streetscape through the incorporation of trees located behind the sidewalk Resolution No. PC -2026-05
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within private landscaping areas, decorative ground -level landscaping, and articulated building elevations, thereby creating a visually appealing environment for motorists, pedestrians, and residents traveling along both Placentia Avenue and Orangethorpe Avenue.
k. The proposed development's site plan and its design features, including architecture and landscaping, are consistent with the General Plan, and will integrate harmoniously with and enhance the character and design of the site, the immediate neighborhood, and the surrounding areas of the City.
Section 3. The Planning Commission hereby recommends: The City Council of the City of Placentia find that VTTM 19467 is statutorily exempt from the California Environmental Quality Act ("CEQA"), Public Resources Code § 21080.66 (AB 130 — Infill Housing Development Projects) as the project qualifies as a residential infill development located on an urbanized and previously developed site that is less than 20 acres in size, is consistent with the applicable General Plan and zoning designation, and does not contain any environmentally sensitive habitat areas..; and (a). The City Council find and determine that, based upon the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project, no significant adverse environmental effects will occur; and
(b). The City Council find that facts supporting the above-specified findings are contained in the staff report and exhibits, and the information provided during the public hearing conducted with respect to the Application.
Section 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby recommends that City Council approve Vesting Tentative Tract Map No. 19647, as modified herein, and specifically subject to the conditions set forth in Attachment "A" attached hereto and by this reference incorporated herein.
Section 5. The Secretary to the Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail, to the Applicant at the address of record set forth in the Application.
ADOPTED AND APPROVED THIS 10TH DAY OF MARCH 2026.
FRANK PEREZ, CHAIR
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I, Joseph M. Lambert, Secretary to the Planning Commission of the City of Placentia, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the Planning Commission of the City of Placentia held on the 10th day of March, 2026, and was passed at this regular meeting of the Planning Commission of the City of Placentia held on the 10th day of March, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
JOSEPH M. LAMBERT,
SECRETARY TO THE PLANNING COMMISSION
APPROVED AS TO FORM:
CITY ATTORNEY
Attachment A: Conditions of Approval for Vesting Tentative Tract Map No. VTTM 19467
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Attachment "A"
Special Conditions of Approval for
Vesting Tentative Tract Map No. VTTM 19467
777 W. Orangethorpe Avenue & 776 S. Placentia Avenue
(APN 339-112-27)
SPECIAL CONDITIONS
If the above referenced application is approved, applicant and/or property owner shall comply with the Special Conditions listed below and the Standard Development Requirements attached.
ALL OF THE FOLLOWING SPECIAL CONDITIONS OF APPROVAL AND STANDARD
DEVELOPMENT REQUIREMENTS SHALL BE FULLY COMPLIED WITH FOR THE DEVELOPMENT PLAN REVIEW TO CONTINUE IN GOOD STANDING.
DEVELOPMENT SERVICES DEPARTMENT — PLANNING DIVISION:
1. Failure to abide by and faithfully comply with any and all conditions attached to this action shall constitute grounds for revocation or amendment of said actions by the City of Placentia Planning Commission.
2. The applicant shall, as a condition of project approval, at its sole expense, defend, indemnify and hold harmless the City, its officers, employees, agents and consultants from any claim, action, proceeding, liability or judgment against the City, its officers, employees, agents and/or consultants, which action seeks to set aside, void, annul or otherwise challenge any approval by the City Council, Planning Commission, or other City decision-making body or City staff action concerning applicant's project.
The applicant shall pay the City's defense costs, including attorney fees and all other litigation -related expenses, and shall reimburse the City for any and all court costs, which the City may be required to pay as a result of such defense. The applicant shall further pay any adverse financial award which may issue against the City including but not limited to any award of attorney fees to a party challenging such project approval. The City shall retain the right to select its counsel of choice in any action referred to herein. The City agrees to promptly notify the applicant of any such claim filed against the City and to fully cooperate in the defense of any such action.
3. Approval of VTTM 19467 and the final map is contingent upon City Council Approval.
4. VTTM 19467 shall expire twenty-four (24) months after approval or conditional approval if a final map is not recorded. Upon written request, by the developer, the time limit may be extended to an additional twelve (12) months by City Council.
Resolution No. PC -2026-05
Attachment "A"
301
5. A final map shall be prepared by or under the direction of a registered Civil engineer or licensed land surveyor in the State, as provided for in the Business and Professions Code.
6. VTTM 19467 shall comply with the applicable requirements of Title 22 Subdivisions of the Placentia Municipal Code, unless otherwise authorized herein.
7. Any modifications to the approved floor plan/site plan and any modifications which will change, expand or intensify the use shall be subject to review and approval by the Director of Development Services. The Director of Development Services or his or her designee may determine if such modifications require approval by the Placentia Planning Commission or may be approved administratively by City staff.
8. Prior to final release of the residential units for occupancy, all Special Conditions of Approval and Standard Development Requirements shall have been completed and final inspections approved for their respective portion.
9. The approval of Vesting Tentative Tract Map No. VTTM 19467 shall be contingent upon approval of Development Plan Review No. DPR 2024-01 and Use Permit No.
UP 2024-07. In the event the VTTM is denied, approval of any of the aforementioned DPR and UP entitlements shall be deemed to be null and void. In the event the DPR and UP are denied, VTTM 19467 shall be deemed null and void.
10. Comply with all applicable conditions of approval of DPR 2025-03.
PUBLIC WORKS — ENGINEERING DIVISION:
11. Provide Signature block for City Engineer: License Number: C82756.
Final Map
12. Prior to recording the final map, the public improvement plans as required shall be signed by the City Engineer.
13. Provide a Bond Estimate for all improvements. Performance and Labor/Material bonds shall be processed as a part of the subdivision improvement agreement.
14. The subdivision improvement agreement must be processed before Final Map recordation in accordance with the Subdivision Map Act (Government Code Sections 66499).
Resolution No. PC -2026-05
Attachment "A"
302
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PLACENTIA, CA
SCHEMATIC DESIGN
March 4, 2026
Sheet List Table
Sheet Number Sheet Title
A0.0
A1.00
A2.00
A2.01
A2.02
A2.03
A2.04
A2.05
A2.06
A2.07
A2.08
A2.09
A2.10
A2.11
A2.12
A2.13
A2.14
A2.15
A2.16
A2.17
A2.18
A2.19
A2.20
A2.21
A2.22
A2.23
A2.24
A2.25
A3.00
A3.01
A3.02
A3.03
TITLE SHEET
SITE PLAN
BUILDING A PERSPECTIVE
BUILDING A ELEVATIONS
BUILDING A PLANS
BUILDING B PERSPECTIVE
BUILDING B ELEVATIONS
BUILDING B PLANS
BUILDING C PERSPECTIVE
BUILDING C ELEVATIONS
BUILDING C PLANS
BUILDING D PERSPECTIVE
BUILDING D ELEVATIONS
BUILDING D PLANS
BUILDING E PERSPECTIVE
BUILDING E ELEVATIONS
BUILDING E PLANS
BUILDING F PERSPECTIVE
BUILDING F ELEVATIONS
BUILDING F PLANS
BUILDING G1 PERSPECTIVE
BUILDING G1 ELEVATIONS
BUILDING G2 PERSPECTIVE
BUILDING G2 ELEVATIONS
BUILDING G PLANS
BUILDING H PERSPECTIVE
BUILDING H ELEVATIONS
BUILDING H PLANS
PRODUCTA- PLAN 1 & 2
PRODUCTA- PLAN 3 &4
PRODUCTA- PLAN 5A
PRODUCTA- PLAN 5B
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PROJECT INFORMATION
APN:
Address: 776 S Placentia
City: Placentia, CA
County: Orange County
Zoning: SP -5
SP -5 DEVELOPMENT STANDARDS
Building Height: 75'
Coverage: 85%
Setbacks:
Front: 10'
Side: 10'
Rear: 10'
Open Space Required per R-3: 200 sf/unit
ITE SUMMARY
ite Area: ±2.72 acres
3 units -
3 units -
35 units -
29 units -
3 units -
2 units -
75 units -
P1 (1207nsf —
P2 (122Onsf —
P3 (1454nsf —
P4 (162Onsf —
P5a (1624nsf
P5b (1666nsf
Total
Density: ±27.6 du/ac
2bed/2.5ba)
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PLACENTIA, CA
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PLACENTIA, CA
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March 4, 2026
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No. 20241213
BLACKWOOD
PLACENTIA & ORANGETHORPE
PLACENTIA, CA
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PLACENTIA, CA
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March 4, 2026
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TOTAL LIVING 1666 SQ. FT.
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BUILDING SUMMARY (PER ARCHITECTURE PLANS)
MAX BUILDING FOOT
PRINT (SF)
6,745 SF
OCCUPANCY TYPE
R3
CONSTRUCTION TYPE
TYPE V -B
SPRINKLERED
NFPA 13
FIRE FLOW REQUIREMENTS (PER PFLSD GUIDELINES & CFC TABLE 102.1) REQUIRED FIRE FLOW W/SPRINKLER REDUCTION FLOW MIN # OF AVERAGE HYDRANT MAXIMUM DISTANCE (GPM © 20PSI) (GPM (4) 20PSI) DURATION HYDRANTS SPACING (FT) TO HYDRANT (FT) 1 3,875 1,875 3 HOUR 2 450 225
ATTACHMENT 19
CFC TABLE B105.1:
Minimum Required Fire Flow and Flow Duration for Buildings as adopted by the City of Placentia
FIRE FLOW CALCULATION AR =A (square feet)
FIRE FLOW (gallons/min)
Type IA and IB Type IIA and IIIA Type IV and VA unsprinklered commercial/SFR
0-22700 0-12700 0-8200 0-5900 0-3600 1500/1000
22701-30200 12701-17000 8201-10900 5901-7900 3601-4800 1750 30201-38700 17001-21800 10901-12900 7901-9800 4801-6200 2000 38701-48300 21801-24200 12901-17400 9801-12600 6201-7700 2250 48301-59000 24201-33200 17401-21300 12601-15400 7701-9400 2500 59001-70900 33201-39700 21301-25500 15401-18400 9401-11300 2750 70901-83700 39701-47100 25501-30100 18401-21800 11301-13400 3000 83701-97700 47101-54900 30101-35200 21801-25900 13401-15600 3250 97701-112700 54901-63400 35201-40600 25901-29300 15601-18000 3500 112701-128700 63401-72400 40601-46400 29301-33500 1 18001-20600 I 3750 128701-145900 72401-82100 46401-52500 33501-37900 20601-23300 4000 2000 145901-164200 82101-92400 52501-59100 37901-42700 23301-26300 4250 2125 164201-183400 92401-103100 59101-66000 42701-47700 26301-29300 4500 2250 183401-203700 103101-114600 66001-73300 47701-53000 29301-32600 4750 2375 203701-225200 114601-126700 73301-81100 53001-58600 32601-36000 5000 2500 225201-247700 126701-139400 81101-89200 58601-65400 36001-39600 5250 2625 247701-271200 139401-152600 89201-97700 65401-70600 39601-43400 5500 2750 271201-295900 152601-166500 97701-106500 70601-77000 43401-47400 5750 2875 295901+ 166501+ 106501-115800 77001-83700 47401-51500 6000 3000 115801-125500 83701-90600 51501-55700 6250 3125
125501-135500 90601-97900 55701-60200 6500 3250
135501-145800 97901-106800 60201-64800 6750 3375
145801-156700 106801-113200 64801-69600 7000 3500
156701-167900 113201-121300 69601-74600 7250 3625
167901-179400 121301-129600 74601-79800 7500 3750
179401-191400 129601-138300 79801-85100 7750 3875
191401+ 138301+ 85101+ 8000 4000
Type IIB and IIIB Type VB
sprinklered
commercial/SFR
1500/1000
1500/1000
1500/1000
1500/1125
1500/1250
1500/1375
1500
1625
1750
1875
Flow
Duration
2 3
Minimum fire flow for a detached, unsprinklered single-family residence/duplex up to 3600 sq.ft. is 1000 gpm.
Construction Types shall be based upon actual construction without applying 1 -hour equivalency allowed by CBC Table 601 footnote `e'.
Fire flow measured at 20 psi.
ATTACHMENT 20
CFC TABLE B105.1:
Hydrant Quantity Based on Fire Flow
FIRE -FLOW MINIMUM NUMBER OF
REQUIREMENT (gpm)
1,750 or less
HYDRANTS
1,751-2,250
2 2,251-3,250
3,251-4,000
4,001-5,000
5,001-5,500
5,501-6,000
6,001-7,000
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6 7
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ENTRANCE
SIGN
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ORANGETHORPE AVENUE
ORANGETHORPE & PLACENTIA
PLACENTIA, CA
8DV
3DW
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— 8DW
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SCALE: 1" = 30'
FIRE MASTER PLAN
COMMONWEALTH AVE
' PROJECT
LOCATION
STATE COLLEGE BLVD.
NU TWOOD AVENUE
CHAPMAN AVENUE
cc
CC
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CC
CO
cHAPAIAN AVENUE
AVENUE
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ORANGETHORPE
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VICINITY MAP
NOT TO SCALE
SCOPE OF WORK
TO PERMIT THE DEVELOPMENT OF 11 THREE-STORY, TOWNHOME-ST1LE BUILDINGS CONSISTING OF 75 CONDOMINIUM UNITS, INCLUDING FIVE LIVE -WORK UNITS, ON A 2.72 -ACRE DEVELOPED SITE. THE PROJECT ALSO INCLUDES TWO OPEN PLAZA AREAS TOTALING 3,000 SQUARE FEET, ALONG WITH ENHANCED
LANDSCAPING AND HARDSCAPE IMPROVEMENTS
PROJECT INFORMATION
ADDRESS: 777 W ORANGETHORPE AVENUE, PLACENTIA, CA 92870 APN: 339-112-27
CITY OF PLACENTIA
FIRE TURN TEMPLATES
FIRE DEPARTMENT ACCESS & WATER
REQUIREMENTS FOR COMMERCIAL &
RESIDENTIAL DEVELOPMENT - ATTACHMENT 6 & 7
LEGEND
CENTERLINE
EX EASEMENT LINE
EX R/W OR PROPERTY LINE
EX PUBLIC FIRE HYDRANT
PROPOSED FIRE HYDRANT
PROPOSED FIRE ACCESS ROADWAY
FIRE LADDER PAD
FIRE ACCESS HAMMERHEAD TURNING AREA
HOSE PULL LENGTH FROM FIRE TRUCK
FIRE TRUCK
NEW PAVEMENT CERTIFICATION
3:41:15PM) Plotted by: ylim
FIRE ACCESS ROADS SHALL BE DESIGNED, CONSTRUCTED, AND MAINTAINED TO ?B., SUPPORT THE IMPOSED LOADS OF PLACENTIA FIRE APPARATUS WITH A TOTAL 6' WEIGHT OF 75,000 POUNDS. APPARATUS WEIGHT IS DISTRIBUTED AS 50,000 POUNDS ON TANDEM REAR AXELS, AND 25,000 POUNDS ON THE FRONT AXLE. 'us - THE SURFACE SHALL BE DESIGNED, CONSTRUCTED, AND MAINTAINED TO PROVIDE y ALL-WEATHER DRIVING CAPABILITIES. A 20 -FOOT MINIMUM ROAD WIDTH IS C44 RECOE
-.111.0" ENGINEERING
Los Angeles, Ca 90017
213.988.8802 fuscoe.com
0 0
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0 Date 2/18/26
333
PLACENTIA FIRE DEPARTMENT ACCESS & WATER PLAN NOTES
INSPECTION REQUIREMENTS
1. PLACENTIA SITE INSPECTIONS ARE REQUIRED FOR THIS PROJECT. PLEASE SCHEDULE ALL FIELD INSPECTIONS AT LEAST 48 HOURS IN ADVANCE. INSPECTIONS CANCELED AFTER 1 P.M. ON THE DAY BEFORE THE SCHEDULED DATE WILL BE SUBJECT TO A RE–INSPECTION FEE. CALL (714) 993-8135 OR EMAIL FIRECRR©PLACENTIA.ORG TO SCHEDULE INSPECTIONS.
2. A LUMBER DROP INSPECTION SHALL BE PERFORMED PRIOR TO BRINGING COMBUSTIBLE MATERIALS (OR COMBUSTIBLE FIXTURES AND FINISHES FOR STRUCTURES OF NON–COMBUSTIBLE CONSTRUCTION). ALL–WEATHER ACCESS ROADS CAPABLE OF SUPPORTING 75,000 LBS., TOPPED WITH ASPHALT, CONCRETE, OR EQUIVALENT SHALL BE IN PLACE AND HYDRANTS OPERATIONAL AT TIME OF LUMBER DROP INSPECTION.
3. FOR PROJECTS WITH FUEL MODIFICATION, A VEGETATION CLEARANCE INSPECTION IS REQUIRED PRIOR TO A LUMBER DROP INSPECTION. USE THE FUEL MODIFICATION PLAN SERVICE REQUEST NUMBER TO SCHEDULE THE VEGETATION CLEARANCE INSPECTION.
4. PHASED INSTALLATION OF FIRE ACCESS ROADS REQUIRES ADDITIONAL INSPECTIONS NOT COVERED BY THE FEES PAID AT PLAN SUBMITTAL. CONTACT (714) 993-8135 OR EMAIL FIRECRR©PLACENTIA.ORG TO ARRANGE FOR ADDITIONAL INSPECTIONS THAT MAY BE NEEDED AND ANY FEES THAT MAY BE DUE.
5. AN ORIGINAL APPROVED, SIGNED, WET–STAMPED PLACENTIA FIRE ACCESS & WATER PLAN SHALL BE AVAILABLE ON–SITE AT TIME OF INSPECTION.
6. ACCESS ROADS AND HYDRANTS SHALL BE MAINTAINED AND REMAIN CLEAR OF OBSTRUCTIONS AT ALL TIMES DURING AND AFTER CONSTRUCTION. AREAS WHERE PARKING IS NOT PERMITTED SHALL BE CLEARLY IDENTIFIED AT ALL TIMES.
OBSTRUCTION OF FIRE LANES AND HYDRANTS MAY RESULT IN CANCELLATION OR SUSPENSION OF INSPECTIONS.
7. TEMPORARY FUEL TANKS OF 60 OR MORE GALLONS SHALL BE REVIEWED, INSPECTED, AND PERMITTED BY THE PLACENTIA FIRE AND LIFE SAFETY DEPARTMENT PRIOR TO USE.
8. THE PROJECT ADDRESS SHALL BE CLEARLY POSTED AND VISIBLE FROM THE PUBLIC ROAD DURING CONSTRUCTION.
9. ALL GATES IN CONSTRUCTION FENCING SHALL BE EQUIPPED WITH EITHER A KNOX OR BREAKAWAY PADLOCK.
10. BUILDINGS OF FOUR OR MORE STORIES SHALL BE PROVIDED WITH STAIRS AND A STANDPIPE BEFORE REACHING 40 FEET IN HEIGHT.
GENERAL REQUIREMENTS
11. FIRE LANE WIDTHS SHALL BE MEASURED FROM TOP FACE OF THE CURB TO TOP FACE OF THE CURB FOR FIRE LANES WITH STANDARD CURBS AND GUTTERS AND FROM FLOW–LINE TO FLOW–LINE FOR FIRE LANES WITH MODIFIED CURB DESIGNS (E.G., ROLLED, RAMPED, ETC.). THE DEVELOPER IS RESPONSIBLE TO VERIFY THAT ALL APPROVED PUBLIC WORKS
OR GRADING DEPARTMENT STREET IMPROVEMENT PLANS OR PRECISE GRADING PLANS CONFORM TO THE MINIMUM STREET
WIDTH MEASUREMENTS PER THE APPROVED PLACENTIA FIRE AND LIFE SAFETY DEPARTMENT ACCESS & WATER PLAN AND
STANDARDS IDENTIFIED IN PLACENTIA FIRE PREVENTION BUREAU ACCESS & WATER GUIDELINE FOR ALL PORTIONS OF THE FIRE ACCESS ROADS.
12. PERMANENT, TEMPORARY, AND PHASED EMERGENCY ACCESS ROADS SHALL BE DESIGNED AND MAINTAINED TO SUPPORT AN IMPOSED LOAD OF 75,000 LBS. AND SURFACED TO PROVIDE ALL–WEATHER DRIVING CAPABILITIES.
13. FIRE LANE SIGNS AND RED CURBS SHALL MEET THE SPECIFICATIONS SHOWN IN PLACENTIA FIRE PREVENTION BUREAU ACCESS & WATER GUIDELINE AND SHALL BE INSTALLED AS DESCRIBED THEREIN. ADDITIONAL FIRE LANE MARKINGS MAY BE REQUIRED AT THE TIME OF INSPECTION DEPENDING ON FIELD CONDITIONS.
14. ALL FIRE HYDRANTS SHALL HAVE A "BLUE REFLECTIVE PAVEMENT MARKER" INDICATING THEIR LOCATION PER THE PLACENTIA STANDARD. ON PRIVATE PROPERTY MARKERS ARE TO BE MAINTAINED IN GOOD CONDITION BY THE PROPERTY OWNER.
15. ADDRESS NUMBERS SHALL BE LOCATED AND BE OF A COLOR AND SIZE SO AS TO BE PLAINLY VISIBLE AND LEGIBLE FROM
THE ROADWAY FROM WHICH THE BUILDING IS ADDRESSED IN ACCORDANCE WITH PLACENTIA FIRE PREVENTION BUREAU ACCESS & WATER GUIDELINE.
16. ACCESS GATES SHALL BE APPROVED PRIOR TO INSTALLATION AND SHALL BE IN COMPLIANCE WITH CHAPTER 5 OF THE CFC AND PLACENTIA PREVENTION BUREAU ACCESS & WATER GUIDELINE.
17. APPROVED ACCESS WALKWAYS SHALL BE PROVIDED TO ALL REQUIRED OPENINGS AND ALL RESCUE WINDOWS.
18. VEGETATION SHALL BE SELECTED AND MAINTAINED IN SUCH A MANNER AS TO ALLOW IMMEDIATE ACCESS TO ALL HYDRANTS,
VALVES, FIRE DEPARTMENT CONNECTIONS, PULL STATIONS, EXTINGUISHERS, SPRINKLER RISERS, ALARM CONTROL PANELS, RESCUE WINDOWS, AND OTHER DEVICES OR AREAS USED FOR FIREFIGHTING PURPOSES. VEGETATION OR BUILDING FEATURES SHALL NOT OBSTRUCT ADDRESS NUMBERS OR INHIBIT THE FUNCTIONING OF ALARM BELLS, HORNS, OR STROBES.
19. DUMPSTERS AND TRASH CONTAINERS LARGER THAN 1.5 CUBIC YARDS SHALL NOT BE STORED IN BUILDINGS OR PLACED WITHIN 5 FEET OF COMBUSTIBLE WALLS, OPENINGS OR COMBUSTIBLE ROOF EAVE LINES UNLESS PROTECTED BY AN APPROVED SPRINKLER SYSTEM.
20. ANY FUTURE MODIFICATION TO THE APPROVED FIRE PREVENTION BUREAU ACCESS & WATER PLAN OR APPROVED SITE PLAN,
INCLUDING BUT NOT LIMITED TO ROAD WIDTH, GRADE, SPEED HUMPS, TURNING RADII, GATES OR OTHER OBSTRUCTIONS, SHALL REQUIRE REVIEW, INSPECTION, AND APPROVAL BY THE PLACENTIA FIRE AND LIFE SAFETY DEPARTMENT.
21. APPROVAL OF THIS PLAN SHALL NOT BE CONSTRUED AS APPROVAL OF ANY INFORMATION OR PROJECT CONDITIONS OTHER
THAN THOSE ITEMS AND REQUIREMENTS IDENTIFIED IN PLACENTIA FIRE PREVENTION BUREAU ACCESS & WATER GUIDELINE AND RELATED PORTIONS OF THE CFC AND CBC. THIS PROJECT MAY BE SUBJECT TO ADDITIONAL REQUIREMENTS NOT
STATED HEREIN UPON EXAMINATION OF ACTUAL SITE AND PROJECT CONDITIONS OR DISCLOSURE OF ADDITIONAL INFORMATION.
ORANGETHORPE & PLACENTIA
PLACENTIA, CA
Parking Enforcement Letter
February 03, 2026
Fire and Life Safety Department
City of Placentia
401 E. Chapman Avenue
Placentia, CA 92870
RE: Orangethorpe & Placentia, 777 W Orangethorpe Avenue Parking Enforcement Plan
The fire lane parking enforcement plan for the above referenced project is stated as follows:
All fire lanes within 777 W. Orangethorpe Avenue shall be maintained and in no event shall parking be permitted along any portion of a street or drive that required fire lanes or any area designated as a fire lane for turn -around purposes either during construction or after occupancy.
Homeowner Association shall adopt reasonable rules and regulations regarding the parking of vehicles along the streets, roads and or drives within the project that are not in conflict with applicable law.
In furtherance thereof, Homeowner Association, through its officers, committees, and agents, will establish the "parking" and "no parking" areas within the property in accordance with Section 22658.2 of the California Vehicle Code and Placentia Fire Prevention Bureau Access & Water Guideline. The law shall be enforced through such rules and regulations by all lawful means, including, written warnings, citing, levying fines and towing vehicles in violation.
Homeowner Association will contract with a certified patrol and towing company to remove vehicles that violate no parking restrictions. First time violators will receive a written warning and with subsequent violations, the vehicle shall be subject to towing. The vehicle owner shall be responsible for all costs incurred in remedying such violation, including without limitation towing cost, citations, and legal fees.
Homeowner Association
Authorized Agent Signature
ATTACHMENT 10
Specifications for
Fire Lane Entrance Signs
To be used only at vehicle entry points
to areas that contain "Fire Lane—No Parking" signs or red curbs 30"
V
NOTICE
NO PARKING IN
AREAS MARKED AS
FIRE LANE
VIOLATING VEHICLES
WILL BE CITED
OR TOWED AT
OWNER'S EXPENSE
1-3/8" bold red
lettering on white
reflective
f- 2-3/4" bold white
reflective lettering
on red background
1-3/8" bold red
lettering on white
reflective
PLACENTIA POLICE (714) 993-8164
TOWING COMPANY NAME & PHONE #
CVC 22658(a) CVC 22500.1 . 1" red lettering on
white reflective
background
18"
All sign and lettering dimensions shown are minimums. "Arial Narrow" font used is used in sample above though other legible sans -serif fonts may be acceptable.
This sign shall be posted at all vehicle entrances to areas marked with either red curbs or fire lane "No Parking" signs. Signs shall be securely mounted facing the direction of travel and clearly visible to oncoming traffic entering the designated area. Signs shall be made of durable material and installed per Attachments 13 and 14.
Towing company contact information is required for all properties with a standing written agreement for services with a towing company per the California Vehicle Code. 11/2025
35 FIRE MASTER PLAN
ATTACHMENT 14
Mounting Specifications for
Fire Lane Entrance and No Parking Signs
i
J
A A
Pedestrian areas: 7' Pedestrian areas: 7'
All other areas: 5' All other areas: 5'
18"—. X24"
V
STANDARD CURB ROLLED CURB
Signs shall be mounted facing the direction of vehicular travel.
Signs may be mounted on existing posts or buildings where the centerline of the sign is no more than 24" from the edge of the roadway.
Depth of bury shall be a minimum of 24" and rebar, a concrete footing, or another method to prevent removal of the sign is recommended. Footings for signs located in the public right-of-way shall be per the local jurisdiction's requirements. 11/2025
42 ENGINEER!(414 RECOE
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APN: 339-112-9
OWNER: McDONALD, JAMES G TRUST
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COMMONWEALTH AVE
PROJECT L
STATE COLLEGE BLVD.
NUTWOOD AVENUE
CHAPMAN AVENUE
CROWTHER
IsW
ORANGETHORPE
AVENUE
LEGAL DESCRIPTION:
PARCEL 1, IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 257, PAGES 15 AND 16 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ASSESSOR PARCEL NUMBER:
339-112-27
BASIS OF BEARINGS:
BEARINGS HEREON ARE IN TERMS OF THE CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS -83) ZONE VI, 2017.50 EPOCH, AS DERIVED LOCALLY BY GPS CONTINUALLY
OPERATING REFERENCE STATIONS BLSA AND CCCS AS PUBLISHED BY THE CALIFORNIA SPATIAL REFERENCE CENTER.
GRID COORDINATES:
BLSA
CCCS
GRID INVERSE BLSA-CCCS:
N66 -06-40.90E 54786.3003 FEET
ALL DISTANCES WERE SCALED TO GROUND BY APPLYING THE COMPUTED COMBINATION FACTOR (CF) 0.9999921993
UTILITY AGENCY CONTACTS
UTILITY COMPANY TELEPHONE
I AT&T DISTRIBUTION (714) 575-8320
CHARTER COMMUNICATIONS (909) 721-8502
GOLDEN STATE WATER (714) 535-8010 EXT 320
1METROPOLITAN WATER -OC (213) 217-6679
SUPERSTRUCTURE TEAM
SOUTHERN CALIFORNIA EDISON (714) 870-3149
SOUTHERN CALIFORNIA GAS (714) 634-7287
SPRINT (800) 874-2389
ABBREVIATIONS
AP N
EX
FH
MH
MWS
PL
PMB
ACCESSOR PARCEL NUMBER
EXISTING
FIRE HYDRANT
MANHOLE
MODULAR WETLAND SYSTEM
PROPERTY LINE
PARCEL MAP BOOK
LEGEND
EXISTING PROPERIVROW LINE
PROPOSED PROPERTY/ROW LINE
CENTERLINE
EASEMENTS / SETBACKS
LOT LINES
TECHNICAL SITE PLAN
PP
PROP
RCP
R/W
SD
SL
VICINITY MAP
NOT TO SCALE
POWER POLE
PROPOSED
REINFORCED CONCRETE PIPE
RIGHT OF WAY
STORM DRAIN
STREET LIGHT
C44 RECOE
-.111.10.. ENGINEERING
Los Angeles, Ca 90017
213.988.8802 fuscoe.com
Scale
Job No.
Date
C . 1
AS SHOWN
1404-007
2/18/26
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APN: 339-1 12-26
OWNER: INFINITE RISING INVESTMENTS LLC
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ABBREVIATIONS
APN
BW
DU
EX
GF
FF
FG
FH
FL
FS
PMB
PP
PROP
TC
TG
SL
ACCESSOR PARCEL NUMBER
BACK OF WALK
DRY UTILITY
EXISTING
GARAGE FINISH FLOOR
FINISHED FLOOR
FINISHED GRADE
FINISHED HYDRANT
FLOW LINE
FINISHED SURFACE
PRIVATE MAILBOX
POWER POLE
PROPOSED
RISE
TOP OF CURB
TOP OF GRATE
STREET LIGHT
LEGEND
CENTERLINE
R/W
LOT LINE
PROPERTY LINE
CITY LIMIT
CONCEPTURAL GRADING PLAN
C) RECCE
111111111P- ENGINEERI NG
600 Wilshire Blvd, Suite 1470
Los Angeles, Ca 90017
213.988.8802 fuscoe.com
Scale
Job No.
Date
0 C • 2
AS SHOWN
1404-007 Lg
2/18/26
338
LAJ
Tic
P-il R
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17 PROTECT IN
PLACE
EXISTING
BLOCK WALL
201 .6FS
APN: 339-1 12-9
OWNER: McDONALD, JAMES G TRUST
-- 797 W ORANGIETHORPE AVE
Ew FW
200.9 FS
EX CURB
& GUTTER
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SEWER
tip W
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IN PLACE
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PROTECT IN PLACE (200.0)FL
199.8FL JOIN
TO BE MODIFIED
A
EX PP
EX SL
1 2SS
ORANGETHORPE & PLACENTIA
PLACENTIA, CA
DW
8DW
FY R" An WATFO-- —8DW
4 :4 339 38
ABBREVIATIONS
APN
BW
DU
EX
GF
FF
FG
FH
FL
FS
PMB
PP
PROP
TC
TG
SL
ACCESSOR PARCEL NUMBER
BACK OF WALK
DRY UTILITY
EXISTING
GARAGE FINISH FLOOR
FINISHED FLOOR
FINISHED GRADE
FINISHED HYDRANT
FLOW LINE
FINISHED SURFACE
PRIVATE MAILBOX
POWER POLE
PROPOSED
RISE
TOP OF CURB
TOP OF GRATE
STREET LIGHT
LEGEND
CENTERLINE
R/W
LOT LINE
PROPERTY LINE
CITY LIMIT
CONCEPTURAL GRADING PLAN
C) RECCE
111111111P- ENGINEERI NG
600 Wilshire Blvd, Suite 1470
Los Angeles, Ca 90017
213.988.8802 fuscoe.com
Scale
Job No.
Date
0 C • 2
AS SHOWN
1404-007 Lg
2/18/26
338
LAJ
Tic
30' 0' 10' 20' 30'
60'
SCALE: 1" = 30'
Ft 8.,
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10 /
PROP
TRANSFORMER
SO
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FF=202.0'I
PROP PIV
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ll
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APN: 339-112-26
OWNER: INFINITE RISING INVESTMENTS LLC
774 PLACENTIA AVE
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V LXIYINv uLyI K WALL
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STAIRS
/
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//
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SD
•
1 A
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LA
A
202.5+
196.51 NV
SD S=9.005
SS S=Q.u15
• w
SD S=9.003
ss
FF = 202.50'
PROP
FH
202.01 <]M
196.9INV
PROP PIV
FDC
202.8TG
200.1 INV
PA 17„
FR. ilf 33
'
.Fc
2S,. �
18 PROP �pM4Rs,,yo<FtiqTRANSFORMER F)- ,41/4., i/
TR
200.-.447-0
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0.2±RIM
188.5INV
F 1 Fy 197.OSD-INV
190.0SS-TOP
V//
/ lam/
//
//
/ /
PL
\\
PROTECT IN
PLACE
EXISTING
BLOCK WALL
PROP MWS \ ,(
200.2±RIM
196.9INV-IN
195.5INV-OUT
PROP
TRANSFORMER
® IFF=202.00'
4 �=
arz-JROP PIV
FDC
in
F'FOP PIV
& FDC
poifIf 4. 7.1/28
Pk' 33
011/4/FR ��91 ,1
3S
OR/1/1/0F4/41194'76'
L/Zqe
F?yORpF q ` TROST
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PROTECT IN
LACE -
STIN
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/
EX 30" RCP SD
EX SD _l r
CATCH ,3ASI
t
PARCEL
]P). [ OB. 55/
APN: 339-112-9
WNER: McDONALD, JAMES G TRUST
797 W, OPANGETHORPE AVE
w FW
201.0±RIM
S=13 19 INV
2u1.5±kIM
1.5INV
201.0±RIM
O
/
IFF=202.0'I
„Ai 1!
194.51NV
PROP DIVERSION
STRUCTURE
200.1 ±RIM
:."1 r 199.6INV-OUT-S
SD LT• 198.2INV-IN-E
p 198.OINV-OUT-W
LI I --I - 0 7----tt 011)
.d El I= a ` iOf
:It AN)
F3 u ` B EX PP /`
& GUTTER
EX 36" RCP
EX
CATCH BAS11L
EX
G
-ter
I J W W
G
-G
G
36" GAS
EX 12" -
SEWER
^
O
CO I\
l:
PROTECT J
N -P-LAC E -
EX DU
PULBOX
PROP PI
FDC
PROP
TRANSFORME
200.;TG
198.5INV
S Q 005
1 5
'(200.1)TC
199.5INV
(199.4)FL
R/W_
CL UP
EX POWER POLE
PROTECT IN PLACE
ORANGETHORPE AVENUE
-8DW
p
EX PLANTING
EASEMENT TO
BE MODIFIED
EX 2" GAS
EX 4" GAS
ORANGETHORPE & PLACENTIA
PLACENTIA, CA
192.6INV
(192.4)INV±
EX 8" AC WATER
200.5TG
199.OINV
syr
EX PP
EX SL
ABBREVIATIONS
APN
EX
FF
FH
FL
FS
INV
MWS
PMB
PP
PROP
TC
TG
SL
SD
SS
ACCESSOR PARCEL NUMBER
EXISTING
FINISHED FLOOR
FINISHED HYDRANT
FLOW LINE
FINISHED SURFACE
INVERT
MODULAR WETLAND SYSTEM
PRIVATE MAILBOX
POWER POLE
PROPOSED
TOP OF CURB
TOP OF GRATE
STREET LIGHT
STORM DRAIN
SANITARY SEWER
LEGEND
FW
CENTERLINE
R/W
LOT LINE
PROPERTY LINE
CITY LIMIT
PROP STORM DRAIN
PROP SEWER
PROP DOMESTIC WATER
PROP FIRE WATER
CONCEPTUAL UTILITY PLAN
`-RECOE
ENGINEERING
buu vvllsnire [Siva, Jude 14/u
Los Angeles, Ca 90017
213.988.8802 fuscoe.com
Scale
Job No.
Date
E
•T
a
z
s
J
U
2 O
U
N
W
1-
z
w
N
• 3 a
0 AS SHOWN
1404-007
2/18/26
33y
30' 0' 10' 20' 30' 60'
i
SCALE: 1" = 30'
VESTING TENTATIVE TRACT MAP NO. 19467
% /f
/
COUNTY OF ORANGE, STATE OF CALIFORNIA
tE
--ARC EL 2
P.M 257/15-R6
APN: 339-112-26
OWNER: INFINITE RISING INVESTMENTS LLC
774 PLACENTIA AVE
(NOT.
/
NI-74'01'591'ENI-74'01'591'ESETBACK °E 322.3.
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•
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APN: 339-1 12-9
0 )WNER: McDONALD, JAMES G TRUST
797 W ORANGETHORPE AVE
(N APAT)
J
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0 PROP
FRE
A CcESS
ASEMENT l
6 N74'0_11 -.52Z-1-44.93,
r�
ORANGETHORPE AVENUE
ORANGETHORPE & PLACENTIA
PLACENTIA, CA
SETBACK
TO BE
ODIFIED
',RNV
raj_ J
/ / / / / /
\+-
COMMONWEALTH AVE
PROJECT
LOCATION
I HEREBY STATE THAT THIS MAP WAS PREPARED UNDER MY SUPERVISION AND
THAT OWNER OF THE RECORD HAS KNOWLEDGE OF AND CONSENTS TO THE FILING OF THIS MAP.
BY
DATE
SHELBY SHIRLOCK, P.E. RCE NO. C75912
FUSCOE ENGINEERING
600 WILSHIRE BLVD, SUITE 1470
LOS ANGELES, CA 90017
TENTATIVE TRACT MAP
COLLEGE BLVD.
a
cn
NUTWOOD AVENUE
CHAPMAN AVENUE
CHAPMAN AVENUE
CROWTHER AVENUE
NUE
-23
ORANQETHORPE
• A NUE
tPti
VICINITY MAP
NOT TO SCALE
LEGAL DESCCRIPTION
r
PARCEL 1, IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 257, PAGES 15 AND 16 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
LOT SUMMARY
EXISTING (PARCEL MAP ROOK 257/15-16
PARCEL 1 118,541 SF/2.72 AC
PROPOSED (VTTM XXXX)
LOT 1 118,541/2.72 AC
TITLE EXCEPTIONS
EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS
INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT:
GRANTED TO: THE CITY OF PLACENTIA
PURPOSE: TREE PLANTING AND TREE MAINTENANCE
RECORDING DATE: OCTOBER 26, 1972
RECORDING NO: IN BOOK 10394, PAGE 627 OF OFFICIAL RECORDS
EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT:
GRANTED T0:
PURPOSE:
THE CITY OF PLACENTIA
PUBLIC STREET AND ROAD PURPOSES, PUBLIC UTILITIES,
WIRES, CABLES, CONDUITS, STORM SEWERS, SANITARY
SEWERS AND WATER PIPE LINES (FOR ANY PURPOSES,
POTABLE OR NON -POTABLE, DOMESTIC OR AGRICULTURAL),
A RIGHT-OF-WAY AND EASEMENT
RECORDING DATE: OCTOBER 25, 1990
RECORDING NO: AS INSTRUMENT NO. 90-568234 OF OFFICIAL RECORDS
EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT:
PURPOSE: UNDERGROUND AND UTILITY PURPOSES
RECORDING DATE: MAY 26, 1992
RECORDING NO: AS INSTRUMENT NO. 92-349909 OF OFFICIAL RECORDS BASIS_OF BEARINGS
BEARINGS HEREON ARE IN TERMS OF THE CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS -83) ZONE VI, 2017.50 EPOCH, AS DERIVED LOCALLY BY GPS
CONTINUALLY OPERATING REFERENCE STATIONS BLSA AND CCCS AS PUBLISHED BY THE CALIFORNIA SPATIAL REFERENCE CENTER.
GRID COORDINATES:
BLSA
N=2239164.3938
E=6021324.8174
CCCS
N=2261350.6705
E=6071417.8093
GRID INVERSE BLSA-CCCS:
N66 -06-40.90E 54786.3003 FEET
ALL DISTANCES WERE SCALED TO GROUND BY APPLYING THE COMPUTED COMBINATION FACTOR (CF) 0.9999921993
OWNERSHIP STATEMENT
I/WE BEING THE OWNER OF RECORD OR AUTHORITY AGENT FOR THE OWNER OF
RECORD OF THE PROPERTY IDENTIFIED HEREON, CONSENT TO THE FILING OF
THIS TENTATIVE TRACT MAP,
BY
LAS FUSCCE
bUU Mist -lire Blvd, !
Los Angeles, Ca 90017
213.988.8802 fuscoe.com
Scale
Job No.
Date
Plotted by: ylim
co
ooI
0 0
0 0
C • 4
AS SHOWN "g
1404-007 W,
340
215
210
205 -
200
195 -
190
PROP-
BDLG
--
PROP 26' DRIVE AISLE
PROP CURB
& GUTTER
L
PROP
LANDSCAPE
R/W CITY OF
215
210
205
200
195
190 -
(6') I
PARWKAY
1 FULLERTON
(15')
PROP
0" CURB
776 SOUTH PLACENTIA AVENUE R 774 SOUTH PLACENTIA AVE
1 EX WALL
10' , / TO REMAIN
EX BUILDING
PROP
GARAGE PROP I TO REMAIN
BDLG ►I I
SL�) I
.___G-7-=----:
PROP EX PAVEMENTJ PROP LANDSCAPE 7
DRIVEWAY ]
SECTION A -A
SCALE: 1" = 10'
PLACENTIA
CITY OF AVENUE
PLACENTIA
EX CURB
& GUTTER
(40')
(25')
(34')
797 W ORANGETHORPE P 776 SOUTH PLACENTIA AVE
215
210 _ 12'
EX WALL
205 - TO REMAIN
200
195
190
'1
PROP
LANDSCAPE
SECTION E -E
SCALE: 1" = 10'
PROP
BLDG
1 EX GRADE J
C.5
215
210
205
200
195
190
EX WALL
(80')
(40')
(34')
PROP CURB
& GUTTER
EX DRIVEWAY TO
BE REMOVED
EX 8'
SIDEWALK
R/W
-1
-1 -
PROP 6'1
SW
EX CURB
& GUTTER
776 SOUTH PLACENTIA AVE
EX 3' PUBLIC
STREET EASEMENT
10'
/ZIT
r
PROP
STEPS
l
SECTION C -C
SCALE: 1" = 10'
(40')
EX GRADE
ORANGETHORPE
AVENUE
215
210
205
200
195
190
2' PROP 26' DRIVE AISLE
PROP 4"
PROP - CONCRETE PROP
GARAGE ROLLED CURB 0" CURB
PROP DRIVEWAY
PROP
GARAGE -\,4
MAX
SECTION F -F
SCALE: 1" = 10'
30'
PROP 26' DRIVE AISLE
2'
PROP
GARAGE
A
1:(
PROP DRIVEWAY
SECTION B -B
SCALE: 1" = 10'
PROP 4"
PROP CONCRETE
0" CURB ROLLED CURB
PROP
DRIVEWAY
(70')
(62')
215 776 SOUTH PLACENTIA AVENUE r 735 215
W ORANGETHORPE AVENUE
26' 15'
_
210 PROP PROP �, PROP ,-,. EX BDLG TO - EX TO REMAIN
210
GARAGE___� 4" CONCRETE PROP GARAGE BDLG BE REMOVED
205 2� ROLLED CURB 0" CURB WALKWAY I 205
-- MA fAX
200 PROP PROP PROP 200
DRIVEWAY DRIVEWAY LANDSCAPE
195 195
190
SECTION G -G G
SCALE: 1" = 10' C.5
ORANGETHORPE & PLACENTIA
PLACENTIA, CA
190
17 L r
PROP J
DRIVEWAY
EX CURB
& GUTTER
PROP
GARAGE
R/W
-1
EX 8'
SIDEWALK
1 1
776 SOUTH PLACENTIA AVENUE P 774 S PLACENTIA AVE
PROP
BLDG
10'
21 t_
EX GRADE -/ PROP
WALKWAY
PROP
BDLG
200
EX WALL
TO REMAIN
215 797 W ORANGETHORPE P
210
EX WALL
205 TO REMAIN �,
776 SOUTH PLACENTIA AVENUE
PROP-\
PROP HARDSCAPE
LANDSCAPE n
EX GRADE
PROP -PROP 6" CURB PROP /-PROP
LANDSCAPE & GUTTER 0" CURB / GARAGE
- -IAX
EX BUGLING J PROP DRIVEWAY
TO BE REMOVED
SECTION H -H
SCALE: 1" = 10'
195
190
PROP
BDLG
776 SOUTH PLACENTIA AVE
5.6' PROP 19' PARKING PROP 26' DRIVE AISLE
iI 6" CONCRETE
- II / CURB
PROP-/ -- L
LANDSCAPE
776 SOUTH PLACENTIA AVENUE FL 735
€X GRADE TO 6" CONCRETE`POP
BLDG
BE REMOVED CURB f
PROP CROSS
GUTTER
SECTION D -D
SCALE: 1" = 10'
IWORANGETHORPE AVENUE
EX BUILDING
15' TO BE REMOVED
PROP BDLG
1� PROP
LANDSCAPE
PROP PEDESTRIAN
WALKWAY I EX PARKING LOT
H
C.5
1 CROSS SECTIONS
PROP
LANDSCAPE
10'
o'
5'
10'
SCALE: 1" = 10'
Plotted by: ylim
7 7
N
Vl
U
C0
O
O
U
n
0 O
5 a
Z
W
0 0
O
ir RiscoE
•
5 ENGINEERING
600 Wilshire Blvd, Suite 1470 Scale AS SHOWN 7
Los Angeles, Ca 90017 Job Date No. 1404-007 0
213.988.8802 fuscoe.com
2/18/26
341
P LAZA
• low wall
• lounge seating
• shade trees
NEIGHBORHOOD ENTRY
LANDSCAPE
ARCHITECTURE
J
Ll
•
4!
r -4-441
111Gy:
Oil "`Ili
...lot tots
BLACKWOOD PLACENTIA & ORANGETHORPE
PLACENTIA, CA
00,00\-\00
CONCEPTUAL LANDSCAPE PLAN
07.28.2026
o'
TRANSFORMER
PASEO
• walkway to front doors
• enhanced landscape
• screen trees
CENTRAL GREEN
• see sheet L.2
PLAZAS
• live -work patios
• low wall
• accent trees
30'
1 60'
L.1
342
THE LOUNGE
• seating
• decomposed granite
• multi -trunk accent tree
DINING TERRACE
• shade trellis
• built-in bbq counter
• accent paving
• dining tables
• accent planting
LANDSCAPEk1/4,16
APCHITECTURF
BLACKWOOD PLACENTIA & ORANGETHORPE
PLACENTIA, CA
Y'rj
THE LAWN
• open turf
• accent trees
• built-in benches
OXENCIIRAILAREMEBNCARBEM NT rep I 1 I I
02.T3.2026
0' 5' 10' 20'
L.2
343
-616.
L A N DSC APE
ARCHITECTURE
PROPOSED TREE PALETTE:
ALL PLANTS ARE CAL -IPC NON-INVASIVE and WUCOLS MEDIUM/LOW WATER CONSUMPTIVE (REGION 3 - SOUTH COASTAL) VARIETIES FOR THEIR PROPOSED GROWING CONDITIONS.
THESE PLANTS ARE WATER CONSERVING and USED FOR THEIR DEEP ROOT SYSTEMS WHICH STABILIZES SOIL and MINIMIZES EROSION IMPACTS.
BOTANICAL NAME
TREES:
ACACIA PURPUREA
AGONIS FLEXUOSA
ARBUTUS x MARINA
ARCHONTOPHOENIX CUNNINGHAMIANA
CINNAMOMUM CAMPHORA
JACARANDA ACUTIFOLIA
MAGNOLIA G. 'LITTLE GEM'
MELALEUCA QUINQUENERVIA
METROSIDEROS EXCELSA
OLEA'SWAN HILL'
PHOENIX DACTYLIFERA'MEDJOOL'
PINUS CANARIENSIS
PINUS ELDARICA
PINUS TORREYANA
PLATANUS MEXICANA
QUERCUS AGRIFOLIA
QUERCUS VIRGINIANA
RHUS LANCEA
TRISTANIA CONFERTA
WASHINGTONIA FILIFERA 'HYBRID'
ACCENT:
ALOE BAINSEII
BRAHEA ARMATA
CERCIDIUM X 'DESERT MUSEUM'
DRACAENA DRACO
CERCIS CANADENSIS 'FOREST PANSY'
PODOCARPUS 'ICEE BLUE'
STREET TREES:
NO STREET TREES PROPOSED
COMMON NAME
PURPLE ACACIA
Standard
SIZE
WUCOLS
24" BOX LOW
PEPPERMINT WILLOW 36" BOX LOW
Standard
HYBRID STRAWBERRY 24" BOX MEDIUM
Multi -Trunk
KING PALM
Multi -Trunk
CAMPHOR TREE
Standard
36" BOX MEDIUM
36" BOX MEDIUM
PROPOSED SHRUB PALETTE: LIMITED USE AREA (Line of Sight) NOTE:
BOTANICAL NAME
COMMON NAME
SIZE
WUCOLS
SHRUBS:
IRRIGATION HYDROZONE 1:
LOW WATER CONSERVING PLANTING AREA:
ECHEVERIA GLAUCA HENS & CHICKS 1 GAL LOW
ECHEVERIA PEACOCKII PEACOCK ECHEVERIA 5 GAL LOW
AEONIUM ARBOREUM 'SCHWARZKOPF' AEONIUM 5 GAL LOW
AGAVE AMERICANA CENTURY PLANT 15 GAL LOW
ALOE STRIATA CORAL ALOE 5 GAL LOW
DASYLIRION WHEELERI DESERT SPOON 15 GAL LOW
HESPERALOE PARVIFLORA RED YUCCA 5 GAL VERY LOW
HETEROMELES ARBUTIFOLIA TOYON 15 GAL LOW
KALANCHOE BEHARENSIS FELT PLANT 15 GAL LOW
MUHLENBURGIA CAPILLARIS PINK MUHLY 5 GAL LOW
SENECIO MANDRALISCAE SENECIO 1 GAL LOW
WESTRINGIA FLORIBUNDA COAST ROSEMARY 5 GAL LOW
IRRIGATION HYDROZONE 2:
MEDIUM / LOW TRANSITION PLANTING AREAS:
JACARANDA 36" BOX MEDIUM AEONIUM 'URBICUM' 'SALAD BOWL' AEONIUM 5 GAL LOW ALOE BAINSII TREE ALOE 24" BOX LOW
MAGNOLIA 24" BOX MEDIUM ALOE STRIATA CORAL ALOE 5 GAL LOW Low Branch
ARBUTUS 'COMPACTA' DWARF STRAWBERRY 5 GAL LOW
BOUGAINVILLEA ROSENKA SHRUB BOUGAINVILLEA 5 GAL. LOW
CAJEPUT TREE 24" BOX MEDIUM
Multi -Trunk CALLISTEMON 'LITTLE JOHN' DWARF CALLISTEMON 5 GAL LOW CAREX DIVULSA BERKELEY SEDGE 5 GAL. MEDIUM
NZ CHRISTMAS TREE 24" BOX MEDIUM
Standard CHONDROPETALUYM 'ELEPHANTINUM' LARGE CAPE RUSH 5 GAL. LOW DIANELLA REVOLUTA LITTLE REV 5 GAL LOW
FRUITLESS OLIVE DRACAENA DRACO DRAGON TREE 24" BOX LOW
Multi Trunk 36" BOX MEDIUM
FESTUCA MAIREI ATLAS FESCUE 1 GAL LOW
FESTUCA OVINA GLAUCA BLUE FESCUE 5 GAL LOW
DATE PALM 32' BTH MEDIUM
LOMANDRA LONGIFOLIA 'BREEZE' SPINY -HEADED 5 GAL. MEDIUM
MAT RUSH
ROSMARINUS PROSTRATUS DWARF ROSEMARY 5 GAL. LOW
CANARY ISLAND PINE 24" BOX LOW SALVIA CLEVELANDII CA BLUE SAGE 5 GAL LOW TEUCRIUM CHAMAEDRYS GERMANDER 5 GAL LOW
AFGHAN PINE 24" BOX LOW IRRIGATION HYDROZONE 3:
Low Branching
MEDIUM / LOW ENHANCED SHRUBS:
TORREY PINE AGAVE ATTENUATA 'NOVA' FOXTAIL AGAVE 15 GAL LOW 24" BOX LOW
Low Branching ALYOGYNE HUEGELII BLUE HIBISCUS 15 GAL LOW ASPARAGUS DENSIPLORUS'MYERSII' MYER ASPARAGUS 5 GAL. LOW MEXICAN SYCAMORE 24" BOX LOW BOUGAINVILLEA 'LA JOLLA' BOUGAINVILLEA 5 GAL. MEDIUM CARISSA M. HORIZONTALIS' NATAL PLUM 5 GAL. MEDIUM
COAST LIVE OAK 36" BOX LOW CRASSULA OVATA JADE PLANT
Standard 15 GAL. LOW
FURCRACEA FOETIDA 'MEDIOPICTA' MAURITIUS HEMP 15 GAL. LOW SOUTHERN LIVE OAK 36" BOX MEDIUM PHORMIUM HYBRIDS NEW ZEALAND FLAX 5 GAL. LOW Standard PITTOSPORUM C.'COMPACTUM' PITTOSPORUM 5 GAL. MEDIUM PITTOSPORUM T. 'GOLF BALL' 'GOLF BALL' KOHUHU 5 GAL. MEDIUM AFRICAN SUMAC 24" BOX LOW PRUNUS ILICIFOLIA SPP. LYONII CATALINA CHERRY 24" BOX VERY LOW Standard
BRISBANE BOX
Low Branching
CALIFORNIA FAN PALN
24" BOX MEDIUM
18' BTH
LOW
TREE ALOW 24" BOX LOW
MEXICAN BLUE PALM 24" BOX LOW
HYBRID PALO VERDE 24" BOX LOW
DRAGON TREE 36" BOX LOW
RED BUD
Standard
LONG -LEAFED
YELLOWOOD
BLACKWOOD PLACENTIA & ORANGETHORPE
36" BOX
MEDIUM
24" BOX
MEDIUM
ORGANIC MULCHES:
3" THICK SHREDDED BARK MULCH
(SHRUB AREAS - ALL HYDROZONES)
ALL TREE BRANCHES TO BE TRIMMED TO 8' HIGH ABOVE FINISH GRADE.
ALL SHRUBS WITHIN LIMITED USE AREA TO BE MAINTAINED AT 24" HIGH MAXIMUM.
WATER EFFICIENT LANDSCAPING NOTE:
THE FOLLOWING MEASURES WILL BE INCORPORATED INTO THE PROJECT TO CONSERVE WATER:
1. THE IRRIGATION SYSTEM SHALL MEET THE REQUIREMENTS OF THE CITY OF PLACENTIA LANDSCAPE GUIDELINES FOR WATER EFFICIENT LANDSCAPES.
2. THE ESTIMATED APPLIED WATER USE ALLOWED FOR THE LANDSCAPE AREA SHALL NOT EXCEED THE MAWA CALCULATION.
LANDSOPIBEINEUVELSLatakIEFSIMPIEMENME L.3
PLACENTIA, CA 02.28.2026
0' 15' 30' 60'
344
R..._.
•N . .. tin Nllld..
LANDSCAPE •
ARCHITECTURE
BLACKWOOD PLACENTIA & ORANGETHORPE
PLACENTIA, CA
Reference Evapotranspiration (ETa)
Hydrozone # / Planting Description'
Regular Landscape Areas
Hydrozone 1 • North/East Facing
Hydrozone 2 - South/West Facing
Hydrozone 3 - Courtyard North/East
Hydrozone 4 - Courtyard South/West
IRRIGATION HYDROZONES:
HYDRO -ZONE 1 - NORTH/EAST FACING - 7,622 S.F.
IRRIGATION TECHNIQUE
TREES - BUBBLERS
SHRUBS - SUB SURFACE DRIP IRRIGATION
HYDRO -ZONE 2 - SOUTH/WEST FACING - 13,220 S.F.
IRRIGATION TECHNIQUE
TREES - BUBBLERS
SHRUBS - SUB SURFACE DRIP IRRIGATION
HYDRO -ZONE 3 - COURTYARD NORTH/EAST - 664 S.F.
IRRIGATION TECHNIQUE
TREES - BUBBLERS
SHRUBS - SUB SURFACE DRIP IRRIGATION
HYDRO -ZONE 4 - COURTYARD SOUTH/WEST - 726 S.F.
IRRIGATION TECHNIQUE
TREES - BUBBLERS
SHRUBS - SUB SURFACE DRIP IRRIGATION
TOTAL LANDSCAPE AREA: 22,232 S.F.
RAJ/i*BIRD
California Water Efficient Landscape Worksheet
49.7 Project Type
Plant Factor Irrigation Irrigation ETAF
(PF) Methodb Efficiency (IED` (PF/dE)
ETAF Calculations
Regular Landscape Areas
Total ETAF x Area
Total Area
Average ETAF
All Landscape Areas
Total ETAF x Area
Total Area
Average ETAF
0.4 Drip
0.4 Drip
03 Drip
03 Drip
Residential
Landscape Area ETAF x
(Sq. Ft.) Area
0.81 0.49 5400 2667
0.81 0.49 9125 4506
0.81 0.37 1792 664
0.81 0.37 1850 685
Totals 18167 8522
8522
18167
0.47 8522
18167
0.47 ETWU Total
Maximum Allowed Water Allowance (MAWA)e
Average ETAF for Regular Landscape
Areas must be 0.55 or below for
residential areas, and 0.45 or below for
non-residential areas.
0.55 Estimated Total
Water Use fETWUId
82171
138853
20451
21113
262589
262589
307889
IRRIGATION EQUIPMENT SCHEDULE:
IRRIGATION UTILITIES
WATER METER
FEBCO 825Y
® WILKINS KING BROS. GATE VALVE - BLOCKED TRUE UNION PVC - 2" & SMALLER HUNTER HQ33-LRC 4" QUICK COUPLER VALVE with LOCKING RUBBER CAP. INSTALLED AT 75' o.c. MAX.
SPACING THROUGHOUT THE SITE.
HUNTER PGV-ASV SERIES - PLASTIC INDUSTRIAL ELECTRIC REMOTE CONTROL VALVE with ACCU-SYNC ADJUSTABLE PRESSURE REGULATING DIAL - SIZE AS SHOWN ON PLAN.
1.5" DEDICATED LANDSCAPE WATER METER . SEE CIVIL ENGINEER PLANS.
1.5" BACKFLOW PREVENTION UNIT - TO BE LOCATED IN UTILITY ROOM. FINAL LOCATION TO BE COORDINATED WITH OWNERS REPRESENTATIVE.
MV RAINBIRD 1" MASTER VALVE - PESB SERIES VALVE
FS DATA INDUSTRIAL 1" IR -100 SERIES FLOW SENSOR
IRRIGATION CONTROLLER
/ ' \ RAINBIRD
NO SYMBOL RAINBIRD
E
POWER for
CONTROLLER
ESP-LXM/F WALL MOUNT CONTROLLER with FLOW SENSING and RAINBIRD WEATHER SMART ET MANAGER and NECESSARY ACCESSORIES. WEATHER REACH SIGNAL PROVIDER I -(877)-351-6588. ALLOW TWO EXTRA AVAILABLE STATIONS MIN. INCLUDING MASTER VALVE and FLOW STATION. INSTALL in POWDER COATED LOCKING METAL CABINET: LXMM.
WR2-RC WIRELESS RAIN SENSOR. INSTALL per MANUFACTURER'S SPECIFICATIONS. 120 VOLT ELECTRICAL PROVIDED BY ELECTRICIAN, FIELD VERIFY ACTUAL LOCATION.
SUB -SURFACE IRRIGATION
HUNTER
HUNTER
HUNTER
HUNTER
ICZ-FS-101 / 15 I-AS-ADJ REMOTE CONTROL DRIP ZONE KIT with FILTER and ACCU-SENSE ADJUSTABLE PRESSURE REGULATOR. (INSTALL WITHOUT FLOW CONTROL AT LOW FLOW CONDITIONS.)
PLD -ESD -06-12 SUB -SURFACE DRIPLINE TUBING 0.6 GPH EMITTERS at 12" ON CENTER SPACING - ALL TUBING SHALL BE INSTALLED 4" MINIMUM BELOW FINISHED SOIL GRADE W/ 9" WIRE STAKES FIVE (4) FEET ON CENTER; VERIFY THE LAYOUT AND 12" ON CENTER SPACING IN THE FIELD PRIOR TO STARTING WORK. INSTALL SUB -SURFACE DRIP IRRIGATION SYSTEM per MANUFACTURER'S SPECIFICATIONS.
USE HUNTER FITTINGS FOR CONNECTION BETWEEN PVC LATERAL LINES AND DRIPPERLINE TUBING.
WITH 1 7MM INSERT FITTINGS, IT IS RECOMMENDED THAT STAINLESS STEEL CLAMPS BE INSTALLED ON EACH FITTING.
DRIPLINE AUTOMATIC LINE FLUSH VALVE. - PROVIDE SCH 40 OR SCH 80 SOLVENT -WELD BALL VALVE FOR FLUSH OFF OF PCV EXHAUST MANIFOLD PIPE(SIZE PER PLAN), INSTALL FLUSH VALVE INSIDE 6" ROUND VALVE BOX, ONE AT THE END OF ANY TECHLINE CV LATERAL or PVC EXHAUST HEADER.
INSTALL MINIMUM OF ONE FLUSH VALVE PER MAXIMUM OF 800' OF TUBING. MULTIPLE FLUSH VALVES MAY BE REQUIRED WITHIN TECHLINE-CV LAYOUT. ALWAYS INSTALL VALVES IN OPPOSITE DIRECTIONS OF THE PVC/DRIP CONNECTION MANIFOLD.
PLD -ARV -I00 AIR/VACUUM RELIEF VALVE INSTALLED with COMBINATION TEE AND A 3/4" x 1/2" REDUCER BUSHING, INSTALL AIR RELIEF ASSEMBLY INSIDE A 6" ROUND VALVE BOX AT THE HIGH POINT OF EACH PLANTER, MIN. I ARV PER 500' OF DISTRIBUTION TUBING. USING AIR RELIEF LATERAL, CONNECT AIR RELIEF VALVE TO ALL DRIPPERLINE LATERALS WITHIN THE ELEVATED AREA.
AS APPROVED NON -PRESSURE LATERAL SCH. 40 SUPPLY LATERAL with NECESSARY FITTINGS. NOTE EXHAUST LATERALS NOT SHOWN.
HUNTER
DRIPPERILINE LAYOUT NOTE: NOT ALL SUPPLY/EXHAUST LATERALS SHOWN ON PLAN for GRAPHIC CLARITY - INSTALL LATERALS per MANUFACTURER'S SPECIFICATIONS and RECOMMENDATIONS TO AVOID LOW PRESSURE THROUGH DRIPPERLINE and CONNECTIONS.
TREE DRIPPER RING: PLD -10-12 SUB -SURFACE DRIPLINE TUBING 1.0 GPH EMITTERS at 8" ON CENTER CONCENTRIC RING SPACING- ALL TUBING SHALL BE INSTALLED 4" MINIMUM BELOW FINISHED SOIL GRADE W/ 9" WIRE STAKES FIVE (5) FEET ON CENTER; VERIFY THE LAYOUT AND 12" ON CENTER SPACING IN THE FIELD PRIOR TO STARTING WORK. SEE DETAIL.
IRRIGATION PIPING
AS APPROVED
ASAPPROVED
AS APPROVED
NON -PRESSURE LATERAL SCH. 40 FOR SIZES 3/4" - 2" W/ PVC SCH. 40 FITTINGS - BURY MIN. 12" BELOW GRADE (SIZE AS NOTED ON PLAN).
12' PRESSURE MAINLINE SCH. 40 PVC, IN PLANTER AREA FOR SIZES 3/4" - 1 1/2", - BURY MIN. 18" BELOW GRADE (SIZE AS NOTED ON PLAN).
PVC PIPE SCH. 40 SLEEVING, TWICE THE DIAMETER OF PIPE OR WIRE BUNDLE CARRIED - EXTEND 12" BEYOND EDGE OF PAVING & PLACE BELOW ALL PAVING, HARDSCAPE, ETC., AND AS DIRECTED BY OWNER'S AUTHORIZED REPRESENTATIVE.
IRRIGATION MISCELLANEOUS EQUIPMENT
NO SYMBOL
NO SYMBOL
NO SYMBOL
AS APPROVED
SPEARS
3M
IRRIGATION CONTROL WIRE # I4UF AWG DIRECT BURIAL (U.L. APPROVED) DS -400 PRE -FILLED WIRE CONNECTORS FOR USE ON ALL WIRE CONNECTIONS
DBY DIRECT BURIAL WATER -PROOF WIRE CONNECTORS FOR USE ON ALL WIRE
CONNECTIONS
CONCEPTUAL LAREISDINIPIENMIAN
02.23.2026
o'
15' 30'
60'
L.4
345
LANDSCAPE
ARCHITECTURE
BLACKWOOD PLACENTIA & ORANGETHORPE
PLACENTIA, CA
LIGHTING CONCEPT:
THE OUTDOOR LIGHTING CONCEPT IS TO PROVIDE LEVELS OF LIGHTING SUFFICIENT TO MEET SAFETY AND ORIENTATION NEEDS.
WITHIN PUBLIC AREAS LIGHTING WILL BE WARM COLORED AND UNOBTRUSIVE.
LIGHT SOURCES WILL BE TUNGSTEN OR METAL HALIDE.
LIGHTING SOURCES FOR THE LANDSCAPE AND PAVED AREAS WILL BE CONCEALED AND THE LIGHTING INDIRECT NOT VISIBLE FROM A PUBLIC VIEWPOINT. LIGHT
SOURCES SHOULD BE DIRECTED SO THAT IT DOES NOT FALL OUTSIDE THE AREA TO BE LIGHTED.
ALL EXTERIOR SURFACE AND ABOVE -GROUND MOUNTED FIXTURES WILL BE SYMPATHETIC AND COMPLIMENTARY TO THE ARCHITECTURAL THEME.
EXTERIOR LIGHTING LEGEND
SYMBOL TYPE/TECHNIQUE: LOCATION:
0 O
O
12' HT THEME POLE
PEDESTRIAN WALKWAYS/ENTRY DRIVE
FIXTURE WILL NOT PRODUCE OFF-SITE
GLARE
12' HT POLE COURTYARDS
STREET LIGHT
42" HT LIGHT BOLLARD
STREETSCAPE
STREET LIGHTS PER CITY STANDARDS
AND APPROVED PLAN, AS NEEDED
PER THE CITY STANDARDS AND THE
APPROVED STREET IMPROVEMENT
PLANS
PEDESTRIAN WALKWAYS
BUILDING MOUNTED TO BE SELECTED BY ARCHITECT
SCONCE
CEILING LIGHT
METAL TRELLIS STRUCTURES /
ARCHITECTURE. FIXTURE WILL NOT
PRODUCE OFF-SITE GLARE
CONCEPTUAL LANDIEHMECPPIIAN
07.28.2026 I I I
0' 15' 30r4V ' 60'
L.5
346
AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING
STATE OF CALIFORNIA )
County of Orange ) ss
I, At osi OW3 say that on the 26th day of February a copy of the notice attached hereto was mailed to each of the persons whose name and address appears on the attached list. Said mailings was done at the City of Placentia City Hall, Planning Division, located at 401 E. Chapman Avenue, Placentia, California
Project Address:
Case No.:
Meeting Date:
777 W. Orangethorpe Avenue & 776 S. Placentia Avenue
DPR 2025-03 & VTTM 19467
March 10, 2026
I declare, under penalty of perjury, that the foregoing is true and correct. = February 2026
CaliforniaExecuted at Placentia, lifion this 26th dayof ,
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Placentia will hold a public hearing in the Council Chambers of the Placentia City Hall, 401 E. Chapman Avenue on Tuesday, March 10, at 6:30 p.m., or as soon thereafter as the matter may be heard, to consider the following items:
APPLICANT: Orangethorpe Investment Partners, LLC, clo Gilad Ganish
PROJECT LOCATION: 777 W. Orangethorpe Avenue & 776 S. Placentia Avenue (adjacent to the northeast corner of W.
Orangethorpe Avenue and S. Placentia Avenue)
APN 339-112-27
CASE NOS.: Development Plan Review No. DPR 2025-03 and
Vesting Tentative Tract Map No. VTTM 19467
REQUEST: DPR: To permit the demolition of all onsite structures associated with a former car dealership use and to
permit the development of 11 three-story, townhome-
style buildings consisting of 75 residential condominium units, including five live -work units, on a previously 2.72 - acre developed site. The project also includes two open plaza areas totaling 3,000 square feet, along with
enhanced landscaping and hardscape improvements.
VTTM: A request to subdivide the property for the
purpose of creating 75 residential condominium units.
Environmental Determination (CEQA) The proposed development is statutorily exempt pursuant to Public Resources Code § 21080.66 (AB 130 — Infill Housing Development Projects).
ALL INTERESTED PERSONS are invited to attend this hearing and express opinions upon the items listed above.
ANY WRITTEN MATERIALS to be submitted to the Planning Commission should be submitted to the Planning Division at least twenty-four (24) hours prior to the hearing. Ten (10) copies are requested.
IF YOU CHALLENGE this proposal in court, you may be limited to raising only those issues you or someone else raised at the public hearings described in this notice or written correspondence delivered to the Planning Commission.
FURTHER INFORMATION on these items may be obtained at the Development Services Department, Planning Division, or by telephone: (714) 993-8124.
Tvseph, Lwmbert
SECRETARY TO THE PLACENTIA PLANNING COMMISSION
PUBLISHED:
MAILED:
POSTED:
February 26, 2026
February 26, 2026
February 26, 2026
PARA INFORMACION EN ESPANOL, LLAME AL (714) 993-8124
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Placentia will hold a public hearing in the Council Chambers of the Placentia City Hall, 401 E. Chapman Avenue on Tuesday, March 10, at 6:30 p.m., or as soon thereafter as the matter may be heard, to consider the following items:
APPLICANT: Orangethorpe Investment Partners, LLC, clo Gilad Ganish
PROJECT LOCATION: 777 W. Orangethorpe Avenue & 776 S. Placentia Avenue (adjacent to the northeast corner of W.
Orangethorpe Avenue and S. Placentia Avenue)
APN 339-112-27
CASE NOS.: Development Plan Review No. DPR 2025-03 and
Vesting Tentative Tract Map No. VTTM 19467
REQUEST: DPR: To permit the demolition of all onsite structures associated with a former car dealership use and to
permit the development of 11 three-story, townhome-
style buildings consisting of 75 residential condominium units, including five live -work units, on a previously 2.72 - acre developed site. The project also includes two open plaza areas totaling 3,000 square feet, along with
enhanced landscaping and hardscape improvements.
VTTM: A request to subdivide the property for the
purpose of creating 75 residential condominium units.
Environmental Determination (CEQA) The proposed development is statutorily exempt pursuant to Public Resources Code § 21080.66 (AB 130 — Infill Housing Development Projects).
ALL INTERESTED PERSONS are invited to attend this hearing and express opinions upon the items listed above.
ANY WRITTEN MATERIALS to be submitted to the Planning Commission should be submitted to the Planning Division at least twenty-four (24) hours prior to the hearing. Ten (10) copies are requested.
IF YOU CHALLENGE this proposal in court, you may be limited to raising only those issues you or someone else raised at the public hearings described in this notice or written correspondence delivered to the Planning Commission.
FURTHER INFORMATION on these items may be obtained at the Development Services Department, Planning Division, or by telephone: (714) 993-8124.
Tase'h, Lcum&er-t
SECRETARY TO THE PLACENTIA PLANNING COMMISSION
PUBLISHED:
MAILED:
POSTED:
February 26, 2026
February 26, 2026
February 26, 2026
PARA INFORMACION EN ESPANOL, LLAME AL (714) 993-8124
348
CITY OF PLACENTIA
Development Services Department
401 East Chapman Avenue
Placentia, CA 92870
OFFICIAL NOTICE
AFFECTING YOUR PROPERTY
PLEASE READ!
AVISD DFICIAL AFECTANDD SU PRDPIEDAD
FAVOR DE LEER!
CITY OF PLACENTIA
Development Services Department
401 East Chapman Avenue
Placentia, CA 92870
OFFICIAL NOTICE
AFFECTING YOUR PROPERTY
PLEASE READ!
AVISO OFICIAL AFECTANDO SU PRDPIEDAD
FAVOR DE LEER!
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DONNA'SRAD S MAPS
(
DATE: 1.1 ' 2 in
684 S GENTRY ..ANE
0. ANAHEIM CA 92807
(714) 921-2921
350
ELDEN ELECTRICAL EXHIBITION
715 HUNDLEY WAY
Placentia, CA 92870
COAST AIRBRUSH
751 DUNN WAY
Placentia, CA 92870
T.C. SPECIALTIES, INC.
460 INDUSTRIAL WAY
Placentia, CA 92870
INDUSTRIAL METAL PRINTING
821 W CROWTHER
Placentia, CA 92870
HEDRICK-MCDONALD
PROPERTIES
797 W ORANGETHORPE AVE
Placentia, CA 92870
KLK LAW GROUP LLP
701 W KIMBERLY AVE SUITE 250
Placentia, CA 92870
JACK IN THE BOX #3203
797 W ORANGETHORPE AVE
Placentia, CA 92870
BIMBO BAKERIES USA INC
500 S PLACENTIA AVE
Placentia, CA 92870
QUALITY INN PLACENTIA
710 W KIMBERLY AVE
Placentia, CA 92870
CALI RAISED MOTORSPORTS INC.
735 W ORANGETHORPE AVE.
Placentia, CA 92870
LINDE GAS & EQUIPMENT INC.
617 W ORANGETHORPE AVE
Placentia, CA 92870
ROSSI/JACKSON INC
708 DUNN WAY
Placentia, CA 92870
CONTRERAS METAL POLISHING
461 INDUSTRIAL WAY
Placentia, CA 92870
DBR CUSTOM UPHOLSTERY
817 W CROWTHER
Placentia, CA 92870
HARRISON TAX SERVICE
711 W KIMBERLY AVE #275
Placentia, CA 92870
LANGUAGE SYSTEMS
750 S PLACENTIA AVE
Placentia, CA 92870
MR'S K'S MINI MART
615 W ORANGETHORPE AVE.
Placentia, CA 92870
MITECH
702 DUNN WAY
Placentia, CA 92870
RESIDENCE INN BY MARRIOTT
PLAC
700 W KIMBERLY AVE
Placentia, CA 92870
TES COVERS
735 W ORANGETHORPE AVE.
Placentia, CA 92870
STOCKER & COLLINS LLC
751 DUNN WAY
Placentia, CA 92870
HAZ PARTY RENTALS
455 INDUSTRIAL WAY
Placentia, CA 92870
PACIFIC ARCHITECTURAL
WOODWORKING
466 INDUSTRIAL WAY
Placentia, CA 92870
LABEL SPECIALTIES INC.
704 DUNN WAY
Placentia, CA 92870
TAXSHIELD INC.
711 W KIMBERLY AVE #170
Placentia, CA 92870
APLUS RECRUITING
701 KIMBERLY AVE #110
Placentia, CA 92870
THE BRUERY LLC
715 DUNN WAY
Placentia, CA 92870
LUMEN 21, INC.
711 KIMBERLY AVE. #110
Placentia, CA 92870
SPRINGHILL SUITES BY
MARRIOTT
380 S PLACENTIA AVE
Placentia, CA 92870
SPEED WAGON AUTO REPAIR
710 HUNDLEY WAY
Placentia, CA 92870
D & M AUTO
625 W ORANGETHORPE AVE
Placentia, CA 92870
BEST 4 LESS - PLACENTIA 2
480 S PLACENTIA AVE
Placentia, CA 92870
MUFFLER MAN
475 INDUSTRIAL WAY
Placentia, CA 92870
TWINS CHIROPRACTIC
600 S PLACENTIA AVE #600
Placentia, CA 92870
CONCENTRA HEALTH SERVICES
INC
640 S PLACENTIA AVE
Placentia, CA 92870
AUTO NETWORK GROUP INC
625 W ORANGETHORPE AVE
Placentia, CA 92870
MAXIMUM SPEED PERFORMANCE
PARTS
829 W CROWTHER
Placentia, CA 92870
BRONSTON PERFORMANCE
ENGINES
702 DUNN WAY
Placentia, CA 92870
HENRY SCHEIN PPT, INC.
620 S PLACENTIA AVE
Placentia, CA 92870
GMS AUTO
609 W ORANGETHORPE AVE.
Placentia, CA 92870
OC DRIVELINE AND GEAR INC
471 INDUSTRIAL WAY
Placentia, CA 92870
INTERFACE REHAB INC.
774 S. PLACENTIA AVE #200
Placentia, CA 92870
HPR INC
620 S PLACENTIA AVE
Placentia, CA 92870
Orange County Transportation Authority
(OCTA)
c/o Dan Phu, Director of Planning
550 South Main Street
Orange, CA 92868
AT&T
c/o Dan Vozenilek
Lead Internal Affairs
1452 Edinger Avenue
Tustin, CA 92780
Southern California Edison
c/o Michael Saragoza, Planning Specialist
1851 West Valencia Drive
Fullerton, CA 92833
Regional Water Quality Control Board
c/o Terry Reeder, Senior Engineering
Geologist
3737 Main Street, Suite 500
Riverside, CA 92501
Placentia-Yorba Linda USD - Maintenance
and Facilities
c/o Shelly Winters
1301 East Orangethorpe Avenue
Placentia, CA 92870
Rebecca Davis
Lozeau Drury LLP
1939 Harrison Street, Suite 150
Oakland, CA 94612
Placentia-Yorba Linda Unified School
District
1301 E. Orangethorpe Avenue
Placentia, CA 92870-5302
City of Fullerton - Community & Economic
Development Department
c/o Chris Schaefer, Planning Manager
303 West Commonwealth Avenue
Fullerton, CA 92832
Charter/Spectrum Communications
c/o Jefferey Childers
560 S. Promenade Avenue, Unit 102
Corona, CA 92879
Golden State Water Company
c/o Ken Vecchiarelli
2283 Via Burton
Anaheim, CA 92806
Lot 318
c/o Letty Gali, Director
536 Dartmouth Drive
Placentia, CA 92870
Orange County Sanitation District
Planning Department
18480 Bandilier Circle
Fountain Valley, CA 92708
Chase Preciado
Lozeau Drury LLP
1939 Harrison Street, Suite 150
Oakland, CA 94612
Yorba Linda Water District
c/o Annie Alexander
1717 East Miraloma Ave,
Placentia, CA 92870
City of Anaheim - Planning & Building
Department
c/o Sean Nicholas, Principal Planner
200 South Anaheim Boulevard
15' Floor, Suite 162
Anaheim, CA 92805
SoCal Gas
c/o Gabriel Delgado, Planning Manager
701 N. Bullis Road
Compton, CA 90221
South Coast Air Quality Management
District
c/o Lisa Tanaka -O'Malley
21865 Copley Drive
Diamond Bar, CA 91765
Republic Services
Peter Beseda, General Manager
1235 North Blue Gum St.
Anaheim, CA 92806
Caltrans
District 12
1750 East 4`h Street, Suite 100
Santa Ana, CA 92705
Leslie Reider
Lozeau Drury LLP
1939 Harrison Street, Suite 150
Oakland, CA 94612
Updated 9/23/25
VICINITY MAP
D P R 2025-03 & VTTM 19467
776 S. Placentia Ave. & 777 W. Orangethorpe Ave.
Zoning Codes
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354
Along W. Orangethorpe Avenue facing northeast
Along S. Placentia Avenue facing southeast
355
Along S. Placentia Avenue facing east
S. Placentia Avenue & W. Orangethorpe Avenue intersection facing northeast 356
Along S. Placentia Avenue facing east
Standing on the public sidewalk adjacent to the northwest portion of the subject property 357
Standing on the public sidewalk facing north along S. Placentia Avenue Standing on the public sidewalk facing west along W. Orangethorpe Avenue 358
3;kc,25,Eggolk
Agenda Item No: 1.h
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: April 21, 2026
Submitted by: Teri Knutson
From: Police Department
Subject:
APPROVAL OF ORANGE COUNTY ANIMAL CARE SERVICES AGREEMENT Financial Impact:
Fiscal Impact:
Approximately $487,925 per year.
Summary:
The City of Placentia currently contracts with the Orange County Animal Care Services (OCACS) for the provision of animal care services. The existing agreement between the City and the County is scheduled to expire at the end of May. The Orange County Board of Supervisors approved the Master Agreement for the provision of Orange County Animal Care Services on February 24, 2026. This enables participating cities to enter into renewed agreements for continued services.
Recommendation:
Recommended Action: It is recommended that the City Council:
1. Approve the Master Agreement for the Provision of Orange County Animal Care Services (OCACS) between the City of Placentia and the County of Orange for the period covering May 31, 2026, through May 30, 2031; and
2. Authorize the City Administrator to execute the necessary documents, in a form approved by the City Attorney.
Strategic Plan Statement:
This item conforms to Strategic Plan Goal No. 2: Public Safety, to provide a safe, family - friendly environment through proactive policing, efficient fire and emergency medical services, disaster preparedness, and strong community partnerships that protect residents, businesses and visitors.
Discussion:
In 2016, the City Council approved the current Animal Care Services and Participation Agreements, committing to a ten-year partnership with the County and sharing in the cost to construct a new County animal shelter in Tustin. In addition to Placentia, the cities of Anaheim, Brea, Cypress, Fountain Valley, Fullerton, Huntington Beach, Lake Forest, Orange, San Juan Capistrano, Santa Ana, Tustin, Villa Park, and Yorba Linda entered into 10 -year agreements with OCACS for the provision of animal care services.
359
To support continued regional partnership and recognize the contract cities' financial investment in the County animal shelter, OCACS collaborated with a committee of five city managers, appointed by the Orange County City Managers Association, to review and develop updated terms for a new Master Agreement for the provision of animal care services. Key provisions of the proposed Master Agreement include:
• Establishment of a single, consolidated agreement that retains key provisions from the original Participation Agreement.
• A five-year contract term.
• A billing stabilization methodology designed to smooth fluctuations in actual service costs over the fiscal year.
• New cities may contract with the County for animal care services and must fund any required shelter expansion or, if none is needed, pay an additional 5% of their annual Notice of Intent toward shelter maintenance and capital improvements during the agreement term.
• The County provides seven service categories under the agreement. Any new non- mandated service categories introduced during the term of the agreement require 12 months' notice and allow the city to opt -in or out.
The proposed Master Agreement, approved by the County Board of Supervisors on February 24, 2026, has been reviewed by the City Attorney's Office. OCACS has provided reliable and effective animal care, delivering services in a cost-effective manner due to costs being spread regionally among participating cities. Based on their performance and proven partnership, Staff recommends that the City Council approve a new five-year Animal Care Services Agreement with the County.
Attachments
Agreement for Provision of OC Animal Care Services - City of Placentia.pdf FY26.27 Animal Shelter NOl.pdf
360
AGREEMENT FOR PROVISION OF
OC ANIMAL CARE SERVICES
BETWEEN
COUNTY OF ORANGE
AND
CITY OF PLACENTIA
MAY 31, 2026 THROUGH MAY 30, 2031
THIS AGREEMENT entered into this 31 day of May, 2026, which date is enumerated for purposes of reference only, is by and between the COUNTY OF ORANGE, a political subdivision of the State of California ("COUNTY") and the CITY OF PLACENTIA ("CITY'). This AGREEMENT shall be administered by County of Orange OC Community Resources ("ADMINISTRATOR"). COUNTY and CITY may be referred to individually as a "PARTY" and collectively as the "PARTIES." WITNESSETH:
WHEREAS, COUNTY owns, and through OC Animal Care operates, an animal care shelter facility at 1630 Victory Road, Tustin, California ("SHELTER"); and WHEREAS, CITY wishes to contract with COUNTY for the provision of the Animal Care Services described herein; and
WHEREAS, COUNTY is willing and able to provide such services on the terms and conditions hereinafter set forth:
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
7/
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7/
7/
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7/
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7/
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7/
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361
CONTENTS
PARAGRAPH PAGE
Title Page 1
Contents 2
Referenced Contract Provisions 3
I. Alteration of Terms 4
II. Indemnification and Insurance 4
III. Notices 5
IV. Severability 5
V. Status of the Parties 5
VI. Term 6
VII. Termination 6
VIII. Third Party Beneficiary 7
IX. Waiver of Default or Breach 7
X.Use of Shelter Upon Discontinuance of Use by County 7 XI.Participation of New Cities 8
XII.Governing Law and Venue 8
XIII.Attorney Fees 8
XIV.Appropriations 8
Signature Page 10
EXHIBIT A
I. Definitions 1
II. Services to be Provided by County 1
III. Payments 4
IV. City Manager's Association Animal Care Committee 5
V. Laws and Regulations 5
VI. Reports 6
VII. Records 6
EXHIBIT B
Animal Care Notice of Intent 1 Page
CITY OF PLACENTIA
2 of 10
362
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//
//
//
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REFERENCED CONTRACT PROVISIONS
Term: MAY 31, 2026 through MAY 30, 2031
Notices to COUNTY and CITY:
COUNTY: County of Orange
OC Community Resources
Director's Office
1770 North Broadway
Santa Ana, CA 92706-2642
and
County of Orange
OC Community Resources
OC Animal Care Director
1630 Victory Rd.
Tustin, CA 92782
CITY:
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Jennifer Lampman
City Administrator
City of Placentia
401 East Champman Ave
Placentia, CA 92870
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I. ALTERATION OF TERMS
This AGREEMENT, together with Exhibit A and B, attached hereto and incorporated herein by reference, fully expresses all understanding of COUNTY and CITY with respect to the subject matter of this AGREEMENT, and shall constitute the total agreement between the PARTIES for these purposes.
No addition to, or alteration of, the terms of this AGREEMENT, whether written or verbal, shall be valid unless made in writing and formally approved and executed by both COUNTY and CITY.
II. INDEMNIFICATION AND INSURANCE
A. CITY agrees to indemnify, defend and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special districts and agencies for which COUNTY's Board of Supervisors acts as the governing Board ("COUNTY INDEMNITEES") harmless from any claims, demands, including defense costs, or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by CITY pursuant to this AGREEMENT. If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CITY and COUNTY agree that liability will be apportioned as determined by the court.
Neither PARTY shall request a jury apportionment.
B. COUNTY agrees to indemnify, defend and hold CITY, its elected and appointed officers, employees, agents, directors, members, shareholders and/or affiliates harmless from any claims, demands, including defense costs, or liability of any kind or nature, including but not limited to, personal injury or property damage, arising from or related to the services, products or other performance provided by COUNTY pursuant to this AGREEMENT. If judgment is entered against COUNTY and CITY by a court of competent jurisdiction because of the concurrent active negligence of CITY, COUNTY and CITY agree that liability will be apportioned as determined by the court. Neither PARTY shall request a jury apportionment.
C. Each PARTY agrees to provide the indemnifying PARTY with written notification of any claim related to services provided by either PARTY pursuant to this AGREEMENT within thirty (30) calendar days of notice thereof, and in the event the indemnifying PARTY is subsequently named party to the litigation, each PARTY shall cooperate with the indemnifying PARTY in its defense.
D. Without limiting CITY's indemnification, CITY warrants that it is self-insured or shall maintain in force at all times during the term of this AGREEMENT, the policy or policies of insurance covering its operations, placed with reputable insurance companies. Upon request by ADMINISTRATOR, CITY shall provide evidence of such insurance.
E. Without limiting COUNTY's indemnification, COUNTY warrants that it is self-insured or shall maintain in force at all times during the term of this AGREEMENT, the policy or policies of insurance covering its operations, placed with reputable insurance companies. Upon request by CITY, COUNTY shall provide evidence of such insurance.
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III. NOTICES
A. Unless otherwise specified, all notices, claims, correspondence, reports and/or statements authorized or required by this AGREEMENT shall be effective:
1. When written and deposited in the United States mail, first class postage prepaid and addressed as specified on Page 3 of this AGREEMENT or otherwise directed by ADMINISTRATOR or CITY;
2. When FAXed, transmission confirmed;
3. When sent by electronic mail; or
4. When accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other expedited delivery service.
B. Termination Notices shall be addressed as specified on Page 3 of this AGREEMENT or as otherwise directed by ADMINISTRATOR or CITY and shall be effective when FAXed, transmission confirmed, or when accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other expedited delivery service.
C. Each PARTY shall notify the other PARTY, in writing, within twenty-four (24) hours of becoming aware of any occurrence of a serious nature, which may expose either PARTY to liability. Such occurrences shall include, but not be limited to, accidents, injuries, or acts of negligence, or loss or damage to any COUNTY property in possession of CITY.
D. For purposes of this AGREEMENT, any notice to be provided by COUNTY may be given by ADMINISTRATOR.
IV. SEVERABILITY
If a court of competent jurisdiction declares any provision of this AGREEMENT or application thereof to any person or circumstances to be invalid or if any provision of this AGREEMENT contravenes any federal, state, or county statute, ordinance, or regulation, the remaining provisions of this AGREEMENT or the application thereof shall remain valid, and the remaining provisions of this AGREEMENT shall remain in full force and effect, and to that extent the provisions of this AGREEMENT are severable.
V. STATUS OF THE PARTIES
Each PARTY is, and shall at all times be deemed to be, an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this AGREEMENT. Each PARTY is entirely responsible for compensating staff and consultants employed by that PARTY. This AGREEMENT shall not be construed as creating the relationship of employer and employee, or principal and agent, between COUNTY and CITY or any of either PARTY's employees, agents, consultants, or subcontractors. Each PARTY assumes exclusively the responsibility for the acts of its employees, agents, consultants, or subcontractors as they relate to the services to be provided during
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the course and scope of their employment. Each PARTY, its agents, employees, or subcontractors, shall not be entitled to any rights or privileges of the other PARTY's employees and shall not be considered in any manner to be employees of the other PARTY.
VI. TERM
A. The term of this AGREEMENT shall commence as specified on Page 3 of this AGREEMENT.
B. The term of this AGREEMENT shall be automatically renewed each July for twelve (12) additional months, for a period of five (5) years, provided no notice of termination has been given by either PARTY in accordance with the "TERMINATION" paragraph of this AGREEMENT.
VII. TERMINATION
A. COUNTY may terminate this AGREEMENT, without cause, upon twelve (12) months written notice to CITY or immediately upon default by the CITY of its obligations hereunder.
B Upon termination, both PARTIES shall be obligated to perform such duties as would normally extend beyond this term, including but not limited to, obligations with respect to confidentiality, indemnification, audits, reporting and accounting.
C.. The obligations of COUNTY or CITY under this AGREEMENT are contingent upon the provision of sufficient funding for the services hereunder in the applicable budgets approved by the Board of Supervisors and the CITY's City Council. In the event such funding is subsequently reduced or not appropriated, either PARTY may terminate this AGREEMENT upon thirty (30) calendar days written notice to the other PARTY. CITY acknowledges that the sharing of costs among the COUNTY and all contracting cities provides cost efficiencies and operational savings to COUNTY and each contracting city, and that COUNTY and each contracting city have entered into their services agreements in reliance on such shared costs and resulting savings. CITY further acknowledges that the withdrawal by CITY from the program would increase the financial burden of services on COUNTY and all remaining contracting cities, and acknowledges and agrees that it is the current intent of CITY to acquire Animal Care Services from the COUNTY pursuant to this AGREEMENT for a term of at least five (5) years, and that other cities acquiring services from the COUNTY are relying on CITY's stated intention and the sharing of costs with CITY in electing to acquire similar services. CITY acknowledges and agrees that this AGREEMENT is contingent upon other local cities entering into similar agreements with the COUNTY to provide Animal Care Services for a period of five (5) years, and that this AGREEMENT will not be effective until other cities enter into similar agreements with the COUNTY to provide an estimated annual aggregate of at least 75% of the dollar value of Animal Care Services provided to contract cities during the twelve months prior to execution of this AGREEMENT.
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VIII. THIRD PARTY BENEFICIARY
Neither PARTY intends this AGREEMENT to create rights hereunder in any third parties including, but not limited to, any subcontractors or any clients provided services hereunder.
IX. WAIVER OF DEFAULT OR BREACH
Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any breach of any provision of this AGREEMENT shall not be considered a waiver of any subsequent breach.
Waiver of any default or any breach shall not be considered a modification of the terms of this AGREEMENT.
X. USE OF SHELTER UPON DISCONTINUANCE OF USE BY COUNTY
A. The SHELTER, which is owned and operated by COUNTY, shall be used by COUNTY for the provision of services for contracting cities and COUNTY unincorporated areas, as needed, pursuant to the terms of current and future services agreements. In the event COUNTY elects to discontinue usage of the SHELTER for animal sheltering purposes prior to December 31, 2066, COUNTY shall offer to those CITIES then currently contracting with COUNTY, whose AGREEMENTS contain this provision, to receive services pursuant to a services agreement the opportunity to lease the SHELTER strictly for animal sheltering purposes until such date, at a costs of $1.00 per year plus all rental costs, if any, owed to South Orange County Community College District (SOCCCD) pursuant to the Ground Lease entered into between COUNTY and SOCCCD.
B. Each and every CITY exercising this option shall be responsible for all operational costs; utility costs; maintenance, alteration, repair, and improvement costs; and any other costs of sustaining and operating an animal shelter at the site and shall indemnify COUNTY for any costs or liabilities resulting from or relating to the site. Upon exercise of the option, the COUNTY and the optioning CITIES shall use best efforts to negotiate mutually agreeable terms for the resulting lease. If the PARTIES cannot agree to mutually agreeable terms within one hundred and eighty (180) days after the exercise of the option, the option will terminate. The option provided for in this subsection is exclusive to those CITIES described above and may only be exercised collectively by those CITIES that elect to exercise the option or, if only one CITY wishes to do so, by that single electing CITY. The option must be exercised, if at all, within one hundred and eighty (180) days after COUNTY notifies CITIES of its decision to discontinue use of the SHELTER for animal sheltering purposes. The option provided herein shall be contingent upon the ground lease not terminating by its terms prior to COUNTY obtaining fee hold possession of the site.
C. In the event COUNTY does not yet have fee hold possession of the site as of April 29, 2034, the expiration date of the ground lease, COUNTY shall, at least six months prior to that date, consult with those CITIES then contracting with COUNTY for SERVICES regarding proposed methods of accessing continued use of the site.
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XI. PARTICIPATION OF NEW CITIES
A. After full execution of this AGREEMENT, cities not a PARTY to this AGREEMENT (either new cities or cities previously a PARTY to this AGREEMENT whose AGREEMENT has terminated) may be added to the COUNTY's Animal Care Services program at the discretion of and under terms deemed acceptable by the COUNTY. If such new or returning city requests to participate in the Animal Care Services program, and COUNTY elects to provide Animal Care Services to such city, such city will be required to pay all, or, if such expansion is necessitated by the participation of multiple new and/or returning cities, its pro rata portion, of the costs of any SHELTER expansion attributable to such city's anticipated use of the SHELTER. If the COUNTY determines, at its sole discretion, that no expansion is required to accommodate a new or returning city, said city or cities shall be required to pay, in addition to actual annual costs, 5% of its Notice of Intent (see Exhibit A, Section II.A) for shelter maintenance and repair which shall be used by COUNTY to defray the cost of capital projects for the current PARTIES to this Agreement whose contracts did not terminate. CITY payment of 5% above annual Notice of Intent shall be limited to the term of this AGREEMENT. For the sake of clarity and avoidance of misunderstanding, new or returning cities will not be offered the option to lease SHELTER facilities pursuant to the "USE OF SHELTER UPON DISCONTINUANCE OF USE BY COUNTY" paragraph of this AGREEMENT.
XII. GOVERNING LAW AND VENUE
This AGREEMENT has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this AGREEMENT, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the PARTIES hereto agree to and hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the PARTIES specifically agree to waive any and all rights to request that an action be transferred for trial to another county.
XIII. ATTORNEY'S FEES
In any action or proceeding to enforce or interpret any provision of this AGREEMENT, or where any provision hereof is validly asserted as a defense, each PARTY shall bear its own attorney's fees, costs and expenses.
XIV. APPROPRIATIONS
During the term of this AGREEMENT, for each fiscal year, CITY shall make reasonable efforts to adopt all necessary budgets and make all necessary appropriations for all payments due hereunder. To the extent COUNTY has not terminated this AGREEMENT as provided hereunder, the CITY shall continue to make reasonable efforts to make all payments required hereunder.
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CITY OF PLACENTIA
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IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT in the County of Orange, State of California.
CITY OF PLACENTIA
BY: DATED:
CITY ADMINISTRATOR
ATTEST:
BY: DATED:
CITY CLERK
APPROVED AS TO FORM:
BY: DATED:
CITY ATTORNEY
COUNTY OF ORANGE
BY:
TITLE:
APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
DATED:
BY: DATED:
DEPUTY
CITY OF PLACENTIA
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EXHIBIT A
TO AGREEMENT FOR PROVISION OF
OC ANIMAL CARE SERVICES
WITH
CITY OF PLACENTIA
MAY 31, 2026 THROUGH MAY 30, 2031
I. DEFINITIONS
A. "Actual Cost" means all COUNTY expenditures, including indirect charges, for providing Animal Care Services to CITY pursuant to this AGREEMENT.
B. "Animal Care Notice of Intent" means the document, signed by authorized representatives of COUNTY and CITY, which specifies all Animal Care Services COUNTY intends to provide to CITY, the estimated cost of the services, and the effective date.
C. "Animal Care Service(s)" means one or more service to be provided by COUNTY to CITY, as specified, by category, in Paragraph II.B. of Exhibit A to this AGREEMENT.
D. "Fee Revenue" means revenue collected by COUNTY for Animal Care Services provided by COUNTY to CITY pursuant to this AGREEMENT.
E. "Fiscal Year" means a twelve (12) -month period from July through June.
F. "Net Cost" means Actual Cost minus Fee Revenue.
G. "Service Details" mean the activities performed by COUNTY within an Animal Care Service category.
II. SERVICES TO BE PROVIDED BY COUNTY
A. ANIMAL CARE NOTICE OF INTENT
1. Annually, by March 1, CITY shall identify which of the Animal Care Services, specified below in subparagraph II.B. of Exhibit A to this AGREEMENT, CITY would like COUNTY to provide during the next Fiscal Year. CITY and COUNTY may agree to individualized levels of Service Details within the Animal Care Services selected. Requests for individualized levels of Service Details will only be considered by COUNTY if the resulting service level will not conflict with state or federal statutes and will not endanger public health.
2. Annually, by April 1, COUNTY shall prepare and send to CITY an Animal Care Notice of Intent which shall include, but not be limited to, a list of Animal Care Services, and individualized Service Details, if any, COUNTY agrees to provide, estimated costs for said services, and the start date for those services. COUNTY shall provide the Animal Care Services specified in the Animal Care Notice of Intent signed by both ADMINISTRATOR or designee, and an authorized representative of CITY.
3. Upon mutual AGREEMENT of CITY and COUNTY, COUNTY may prepare a new or
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amended Animal Care Notice of Intent at any time, may change due dates specified in subparagraph II.A.1. and II.A.2. of Exhibit A to this AGREEMENT, and may modify the format of the Animal Care Notice of Intent attached to this AGREEMENT as Exhibit B.
B. ANIMAL CARE SERVICES — COUNTY provides the following seven (7) categories of Animal Care Services. COUNTY shall provide to CITY the Animal Care Services specified on the most current, Animal Care Notice of Intent for the Fiscal Year, signed in accordance with subparagraph II.A.2. of this Exhibit A to the AGREEMENT. Each category of service includes Service Details which may be added or changed by ADMINISTRATOR upon six (6) months prior notification to CITY. However, any new Service Level Details not required by law and which were not contemplated or included in the Animal Care Notice of Intent approved by the PARTIES and in place at the time of the proposed change(s) shall require twelve (12) months prior notice to CITY, and CITY may opt in of the New Service Level Details.
1. ANIMAL CONTROL SERVICES — Animal Control Services include, but are not limited to, emergency response service; patrolling; impounding of stray animals and of owner -released animals; animal cruelty investigations; animal bite investigations; citation issuance; field release to owner and impound fee collection for impounded animals; quarantine activities including home checks of animals involved in bites; site inspections required to comply with vicious dog ordinances; emergency transportation of injured, impounded animals to a veterinarian; impounding of deceased animals for disposal; responses to requests for assistance from law enforcement and CITY officials regarding suspected criminal activities or zoning violations related to animals; advice to residents regarding wildlife management or other animal concerns, not to include wildlife eradication or relocation services; injured wildlife pick-up; animal license issuance and renewal, fee collection and payment services; customer support regarding animal licensing; animal license billing; and delinquent animal license follow-up; assistance to residents regarding potentially dangerous and/or vicious animals; impound data entry; and impound animal photography.
2. ANIMAL CARE SPECIAL SERVICES
a. Animal Care Special Services include, but are not limited to animal license issuance and renewal; fee collection and payment services; customer support regarding animal licensing; animal license billing; delinquent animal license follow-up; digital canvassing to locate and license unlicensed animals; inspection of animal -related businesses in CITY jurisdiction in response to complaints and in accordance with COUNTY established inspection schedules; and when applicable, issuance of animal permits for private homes.
3. ANIMAL CARE SHELTER SERVICES
a. Animal Care Shelter Services for animals impounded by OC Animal Care include, but are not limited to, retention of impounded animals at COUNTY's Animal Care Shelter (Shelter), public display of animals to allow owner identification; contact of owners when animals are wearing identification; sale or release of impounded animals to residents; animal evaluation for adoption;
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reasonable effort toward animal placement; public education; volunteer services; rescue group coordination; euthanasia and disposal of animals that are neither redeemed nor adopted; veterinary services and spay/neuter surgeries consistent with standards established by the California Veterinary Medical Board; and necropsies on animals that die under suspicious circumstances or at the request of law enforcement.
b. CITY may request additional retention days for healthy, non-aggressive impounded animals. Additional retention days will be offered to CITY upon written approval by COUNTY's OC Community Resources Director, or designee, on a space available basis only. c. COUNTY agrees to maintain its Shelter in a humane manner, keep said premises in a clean condition at all times, and use humane methods of care. d. No animals may be donated, sold or otherwise released for the purposes of experimentation, research or vivisection.
4. BARKING DOG COMPLAINT SERVICES — Barking Dog Compliant Services include, but are not limited to, receipt of barking dog complaints from residents, customer assistance regarding barking dog complaints, issuance of citations, and administrative hearings in response to complaints received by COUNTY for barking dogs within jurisdiction of CITY.
5. STANDARD LICENSING SERVICES — Standard Licensing Services include, but are not limited to, animal license issuance and renewal, fee collection and payment services; customer support regarding animal licensing; animal license billing; and delinquent animal license follow-up.
6. CITY LICENSE SERVICES
a. City License Services include, but are not limited to, issuance of CITY animal licenses at the time of adoption or redemption by owners. CITY shall provide CITY licensing tags to COUNTY.
COUNTY shall provide quarterly licensing reports to CITY. b. CITY shall make its best effort to provide updated animal licensing information to COUNTY.
7. ANIMAL IMPOUND SERVICES — Animal Impound Services include, but are not limited to, data entry of impound information for each live or deceased animal from CITY, impound animal photography for each live animal, owner notification of impounded animal, and posting of animal photographs on COUNTY website. COUNTY shall receive CITY animals at Shelter at times arranged by COUNTY.
C. COUNTY shall notify CITY of COUNTY's hours of operation for Animal Care Services.
COUNTY may adjust hours of operation for Animal Care Services upon ninety (90) calendar days prior notification given to CITY.
D. Animals which are being retained for criminal prosecutions, except for violations of animal control regulations and/or ordinances pursuant to this AGREEMENT, are not to be construed as held pursuant to the services provided under this AGREEMENT; housing will be provided at the discretion of COUNTY and at COUNTY's usual and customary charges for such housing.
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E. To facilitate the performance of services, COUNTY shall have full cooperation and assistance from CITY, its officers, agents and employees.
III. PAYMENTS
A. BASIS FOR PAYMENT
1. CITY shall pay COUNTY the Net Cost of providing Animal Care Services specified in Animal Care Notice of Intent for CITY signed in accordance with subparagraph II.A. CITY Net Costs may include services/supplies procured but not yet delivered within the Fiscal Year.
2. The methodology for determining CITY's Actual Cost of Animal Care Services shall be provided to CITY annually in accordance with the Reports paragraph of this AGREEMENT. CITY shall adopt Animal Care Services fees consistent with the most recent animal care services fees approved by the County of Orange Board of Supervisors (the "COUNTY FEES") which fee amounts will be charged for Animal Care Services within CITY's jurisdiction and shall be used in determining CITY's Actual Cost of Animal Care Services. If CITY wishes to adopt fees which are different from the COUNTY FEES, CITY shall notify COUNTY of the applicable fee amounts to be charged for Animal Care Services within CITY's jurisdiction (the "CITY FEES") and CITY FEES will be charged for Animal Care Services within CITY's jurisdiction and shall be used in determining CITY's Actual Cost of Animal Care Services.
3. COUNTY shall record and retain all Fee Revenue derived from providing Animal Care Services to CITY. CITY's Fee Revenue shall be credited to CITY's Actual Cost of Animal Care Services.
COUNTY shall have all fee collection powers of CITY and shall receive full cooperation from CITY to enable efficient enforcement of fee collection.
B. PAYMENT SCHEDULE
1. Each Fiscal Year, CITY shall pay COUNTY in arrears for the Net Cost of Animal Care Services provided in accordance with the following payment schedule. Billings are due from COUNTY to CITY within thirty (30) calendar days following the three-month Period specified below.
Period Billing Due Payment Due
July 1 through September 30 October 30 November 25
October 1 through December 31 January 30 February 25
January 1 through March 31 April 30 May 25
April 1 through June 30 July 30 August 25
2. Because Actual Costs may fluctuate based on service utilization during a given billing period (e.g. a hoarding case), CITY shall be billed either in equal installments based on its Notice of Intent for that year, or based on actual utilization for the period, whichever is greater for the first three quarters of the year with the final, fourth quarter billed on actual utilization for the full year of services.
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3. If payment is not received by COUNTY by the payment due date specified above in subparagraph III.B. of Exhibit A to this AGREEMENT, COUNTY may cease providing any further service under this AGREEMENT and may satisfy the indebtedness in any manner prescribed by law.
4. COUNTY may modify the payment schedule upon six (6) months written notification to CITY.
IV. CITY MANAGERS ASSOCIATION ANIMAL CARE COMMITTEE
A subcommittee of the Orange County City Managers Association representing all cities participating in OCAC services exists to facilitate communication between OCAC and the city managers and staff of participating cities regarding financial and operational matters of OCAC, including, but not limited to: the assessment of cost options for animal care services provided under the Services Agreements; supplemental services or financial requests which result in a change to a participating city's Actual Cost; consideration of new or adjusted fees; and other Service Details which may arise during the course of the AGREEMENT. COUNTY shall provide regular updates on operations to the City Managers Association Animal Care Committee and to a participating city upon request.
V. LAWS AND REGULATIONS
A. COUNTY shall comply with all applicable governmental laws, regulations, and requirements related to Animal Care Services, as they exist now or may be hereafter amended or changed and shall enforce federal and state statutes deemed applicable to CITY by COUNTY. Animal Care Services provided by COUNTY to CITY may be changed to comply with said laws, regulations, and requirements.
ADMINISTRATOR will make its best efforts to notify CITY of changes that may impact Animal Care Services provided through this AGREEMENT.
B. For each Animal Care Service that COUNTY agrees to provide to CITY in an Animal Care Notice of Intent, CITY shall enact and maintain in full force and effect ordinances identical to COUNTY ordinances which apply to said service, including but not limited to, those related to fees.
ADMINISTRATOR shall notify CITY of the deadline for adopting said ordinances. If COUNTY is unable to enforce an animal care ordinance because of the limitations of a CITY ordinance or failure of CITY to adopt identical ordinances related to an Animal Care Service, COUNTY may suspend provision of one or all Animal Care Services to CITY or may terminate this AGREEMENT. It is the sole responsibility of CITY to immediately notify COUNTY of any discrepancy between relevant ordinances maintained by CITY and those maintained by COUNTY.
D. If CITY wishes to maintain any relevant ordinance that is not consistent, on any point, with COUNTY ordinances, CITY shall immediately notify COUNTY of the discrepant ordinance. At the sole discretion of COUNTY, COUNTY may waive CITY enactment and maintenance of COUNTY animal care ordinances and may agree to enforce, and issue citations for violations pursuant to, the discrepant CITY ordinance CITY acknowledges that individualized enforcement of unique CITY ordinances may result in increased costs to CITY.
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E. CITY shall notify COUNTY of its intent to add, amend, or delete any CITY animal care ordinance at least ninety (90) calendar days in advance of its addition, amendment, or deletion.
F. CITY may request that specific ordinances adopted by CITY not be enforced in CITY by COUNTY. Requests for exclusion must be submitted in writing and received by COUNTY ninety (90) calendar days prior to the requested exclusion. Requests for exclusion will only be considered by COUNTY if they are not in conflict with state statutes and do not endanger public health. COUNTY shall notify CITY, in writing, of COUNTY's decision regarding the requested exclusion.
G. COUNTY's OC Community Resources Director, or designee, may provide assistance to CITY in defining the manner in which enforcement of a new or amended animal care ordinance would be provided by COUNTY. Requests for assistance must be made in writing and received by COUNTY ninety (90) calendar days prior to the requested implementation of the service. If the cost of such service can be delineated and accommodated by COUNTY, COUNTY will send an amended Animal Care Notice of Intent to CITY which will include reference to the CITY ordinance.
H. CITY will reimburse COUNTY for ordinance enforcement, as specified in the "PAYMENTS" paragraph of this AGREEMENT.
VI. REPORTS
A. Each Fiscal Year, COUNTY shall provide to CITY written, quarterly reports of Animal Care Services revenue and expenses for each period specified below. Said reports will be due to CITY within thirty (30) calendar days of the month following the reporting period, in accordance with the schedule below:
Period Reports Due
July 1 through September 30 October 30
October 1 through December 31 January 30
January 1 through March 31 April 30
April 1 through June 30 July 30
B. Each Fiscal Year, COUNTY shall provide the following Animal Care Services reports to CITY by July 30:
1. A payment methodology report for Animal Care Services to be provided by COUNTY during the next Fiscal Year and
2. A Fiscal Year intake and outcome report.
C. COUNTY may change the due dates for reports specified in subparagraphs VI.A. and VI.B. above upon six (6) months written notification to CITY.
D. No less than once every three (3) years, COUNTY shall engage an external auditor to review CITY billings.
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VII. RECORDS
A. All records created or received by COUNTY in accordance with the performance of COUNTY services pursuant to this AGREEMENT are confidential. COUNTY agrees to keep said records in such form and manner as the Auditor -Controller of COUNTY shall specify. Said records shall be open for examination by CITY at all reasonable times.
B. Once each Fiscal Year, COUNTY shall deliver to CITY only the addresses of each CITY licensed animal upon demand without additional expense or cost to CITY. Any such information requested which is confidential pursuant to the terms of the Public Records Act shall be released to CITY pursuant to government code. Prior to each disclosure, CITY agrees to complete and return to COUNTY a "Confidentiality Agreement" on a form approved or provided by COUNTY. The PARTIES agree and understand that this procedure is required by the Public Records Act and necessitated to permit CITY to obtain the information required for its use, and to allow COUNTY to disclose said information. Upon receipt by COUNTY, the records requested may be released to the extent COUNTY is in possession of such records, and permitted by state law to disclose them voluntarily. 7/
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EXHIBIT B
TO AGREEMENT FOR PROVISION OF
OC ANIMAL CARE SERVICES
WITH
CITY OF PLACENTIA
MAY 31, 2026 THROUGH MAY 30, 2031
ANIMAL CARE NOTICE OF INTENT
This Animal Care Notice of Intent specifies Animal Care Services to be provided to CITY by COUNTY for the Period: «NOI_START» through «NOI_END». COUNTY agrees to provide to the City of «COMPANY2» the following Animal Care Services beginning «NOI_EFFECTIVE»:
«SERVICE 1»
«SERVICE2»
«SERVICE3»
«SERVICE4»
«SERVICES»
The total estimated cost for Animal Care Services specified above is «TOTAL_COST_». ® This is a new Animal Care Notice of Intent for the Period indicated above. n This is an Amendment to an existing Animal Care Notice of Intent for the Period indicated above.
Significant Changes Since the Previous Animal Care Notice of Intent:
To the best of my knowledge, this notice specifies the Animal Care Services to be provided by COUNTY.
CITY OF PLACENTIA
City of Placentia Representative and Title
OC Animal Care Director
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Date
Date
EXHIBIT R
378
DYLAN WRIGHT
DIRECTOR
OC COMMUNITY RESOURCES
CYMANTHA ATKINSON
ASSISTANT DIRECTOR
OC COMMUNITY RESOURCES
JOANNE VEEDOR
DIRECTOR
ADMINISTRATIVE SERVICES
MONICA SCHMIDT
DIRECTOR
OC ANIMAL CARE
JULIA BIDWELL
DIRECTOR
OC HOUSING & COMMUNITY
DEVELOPMENT
RENEE RAMIREZ
DIRECTOR
OC COMMUNITY SERVICES
PAM PASSOW
DIRECTOR
OC PARKS
JULIE QUILLMAN
COUNTY LIBRARIAN
OC PUBLIC LIBRARIES
dC Community Resources
April 1, 2026
City of Placentia
Jennifer Lampman
401 E. Chapman
Placentia, CA 92870
RE: OC Animal Care - Notice of Intent
Greetings:
Enclosed for your reference are three copies of the new Animal Care Notice of Intent (NOI).
This notice includes a list of the Animal Care services that the County of Orange (County) intends to provide for your City during the upcoming fiscal -year, which spans from 07-01- 26 through 06-30-27, at an estimated Net Cost of $487,925.
The methodology used for calculating this estimate is based on the average net cost totals paid by each jurisdiction for services provided and user fees collected during the last two full fiscal -years (07-01-23 to 06-30-25). The Net Cost estimate for the previous NOI was calculated based on the number of Animal Control and Animal Shelter services provided to your City, along with the amount of fee revenue collected, during the most recent 12 months (03-01-24 through 02-28-25). The update in methodology reflects an effort to provide an estimate that normalizes any atypical service volumes.
For fiscal -year 2026-27, the Net Cost estimate for all Contract Cities and the County has increased by 3.07% to $21,523,232. This is primarily due to salary increases approved by the County in labor negotiations with all unions and the continual need for OC Animal Care to fill critical positions in order to provide the high-quality services expected. While a total of 126 filled positions and 17 vacancies is projected for the upcoming fiscal -year, please note that number may be adjusted mid -year in order to meet the current demands for service. The increase is also caused by the rising cost of many essential Animal Care items, which include pharmaceuticals, feed, and general animal supplies.
As stated in the Agreement for Provision of OC Animal Care Services, each City shall be billed either in equal installments based on its Notice of Intent for that year, or based on actual utilization for the period, whichever is greater for the first three quarters of the year with the final, fourth quarter billed on actual utilization for the full year of services.
Therefore, your City's actual Net Cost for the entire fiscal -year may be higher or lower than the estimate provided. Also, if any of the previous Contract Cities no longer request services from OC Animal Care or if any new Cities request services, the year-end estimate will be recalculated and an updated version will be provided.
Please review the enclosed NOI, obtain the signature of your City's authorized representative on all three copies, and return them to:
OC Animal Care
Attn: Joseph Powers
1630 Victory Road
7A. Tustin, CA 92782
OC Animal Care
1630 VICTORY ROAD
TUSTIN, CA 92782
PHONE: 714-935-6848
FAX: 714-259-1094
Once signed by the County, an executed original document will be returned to you.
Sincerely,
Joseph Powers
Budget Analyst
Enclosure
379
EXHIBIT B
TO AGREEMENT FOR PROVISION OF
OC ANIMAL CARE SERVICES
WITH
CITY OF PLACENTIA
MAY 31, 2026 THROUGH MAY 30, 2031
ANIMAL CARE NOTICE OF INTENT
This Animal Care Notice of Intent specifies Animal Care Services to be provided to CITY by COUNTY for the Period: JULY 1, 2026, through JUNE 30, 2027. COUNTY agrees to provide to the City of PLACENTIA the following Animal Care Services beginning JULY 1, 2026:
Animal Control Services
Animal Care Special Services
Animal Care Shelter Services
Barking Dog Complaint Services
The total estimated cost for Animal Care Services specified above is $487,925.
This is a new Animal Care Notice of Intent for the Period indicated above. ❑ This is an Amendment to an existing Animal Care Notice of Intent for the Period indicated above.
Significant Changes Since the Previous Animal Care Notice of Intent:
To the best of my knowledge, this notice specifies the Animal Care Services to be provided by COUNTY.
City of PLACENTIA Representative and Title Date
OC Animal Care Director Date
CITY OF PLACENTIA
1 of 1 EXHIBIT B
380
3;kc,25,Eggolk
Agenda Item No: 1.i
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: April 21, 2026
Submitted by: Matthew Di Mario
From: Public Works
Subject:
APPROVAL OF THE WASTE INFRASTRUCTURE SYSTEM ENTERPRISE (WISE)
AGREEMENT WITH ORANGE COUNTY WASTE & RECYCLING FOR MUNICIPAL SOLID
WASTE DISPOSAL RATES AND SERVICES
Financial Impact:
Fiscal Impact:
None.
Summary:
The County, through Orange County Waste & Recycling (OCWR), operates the County -owned landfill system, including three active landfills and approximately 20 inactive sites. Since 1997, Orange County cities have participated in the Waste Disposal Agreement (WDA), which provided guaranteed landfill capacity and disposal rates of at least 10% below noncontract customers. The WDA has been amended several times, in 2004, 2009, 2015 and most recently for a one-year extension in 2025.
As the WDA neared expiration, OCWR developed the successor Waste Infrastructure System Enterprise (WISE) Agreement. The Orange County City Managers Association (OCCMA), representing cities, sanitary districts, and special districts that rely on the landfill system, coordinated review and negotiations beginning in late 2024. In 2025, OCCMA secured a one- year extension of the WDA through June 30, 2026, allowing additional time for negotiations.
Recommendation:
Recommended Action: It is recommended that the City Council:
1. Approve the attached WISE Agreement with the County of Orange for municipal solid waste disposal rates and services; and
2. Authorize the City Administrator, or designee, to execute the agreement on behalf of the City and make minor modifications as necessary.
Strategic Plan Statement:
There is no specific strategic planning goal or objective associated with this agenda item.
Discussion:
The current WDA limits annual rate increases to CPI and does not account for rising operational, regulatory, and environmental compliance costs. OCWR also indicated that 381
additional capital was needed to fund the Brea Olinda landfill closure and to significantly expand the capacity of the landfill in San Juan Capistrano over the course of the 10 -year term.
OCWR's initial WISE proposal would have increased disposal rates from $43.76 per ton (FY 25-26 rate) to $82.00 in the first year and were projected to rise to nearly $107.00 by 2035.
Through negotiations, OCCMA reached an agreement on a phased rate structure for the first three years of the agreement. Starting in FY 29-30, the rate includes a CPI increase.
Fiscal Year Contract Rate
2026-27 $67.00/ton
2027-28 $74.00/ton
2028-29 $81.00/ton
2029-30 $81.00/ton + CPI
Effective July 1, 2026, the increased disposal rates are expected to result in an estimated 10% increase to monthly residential customer bills and an estimated 16% increase for commercial customers. These increases are in addition to any hauler -related cost increases associated with service.
The Proposed Fiscal Year 2026-27 rate schedule is included as Attachment 4 for reference only. These proposed rates include the WISE Agreement increase and CPI increases for trash collection. At a later date, City Staff will present the Proposed Fiscal Year 2026-27 rate schedule for approval and adoption, along with an amended franchise agreement for the 2026-27 fiscal year. Once approved by City Council, the rates and the new agreement will be effective on July 1, 2026.
There is also an Organic Services Agreement (OSA) that is included in the attached WISE Agreement (Attachment 1). This OSA is for reference only. The City of Placentia will not be exercising the organic services portion of the agreement.
Cities must adopt the WISE Agreement by April 30, 2026, to avoid disposal rates up to 10% higher. The `Participation Threshold' for the WISE Agreement to become effective requires that cities that represent at least 50% of the disposal sent to the County landfills ratify the document. The agreement is for 10 years, through June 30, 2036, with one optional 10 -year extension.
Attachments
Attachment 1 - WISE Agreement
Attachment 2 - WISE Franchise Hauler Acknowledgement
Attachment 3 - Service Coordinator Designation Form
Attachment 4 - Proposed FY 2026-27 Placentia Refuse Rate Schedule 382
WASTE INFRASTRUCTURE SYSTEM ENTERPRISE AGREEMENT
("WISE AGREEMENT")
Between
THE COUNTY OF ORANGE, CALIFORNIA
and
the
CITY OF PLACENTIA
Dated April 21, 2026
County Authorization Date:
County Notice Address:
City Authorization Date:
April 21, 2026
City Notice Address:
Director Jennifer Lampman, City Administrator
OC Waste & Recycling City of Placentia
601 N. Ross Street 5th Floor 401 E Chapman Ave
Santa Ana, CA 92701 Placentia, CA 92870
383
TABLE OF CONTENTS
Page
ARTICLE I
DEFINITIONS AND INTERPRETATION
Section 1.1 DEFINITIONS 2
Section 1.2 INTERPRETATION 7
ARTICLE II
REPRESENTATIONS AND WARRANTIES
Section 2.1 REPRESENTATIONS AND WARRANTIES OF THE CITY 8 Section 2.2 REPRESENTATIONS AND WARRANTIES OF THE COUNTY 9
ARTICLE III
DELIVERY AND ACCEPTANCE OF WASTE AND PROVISION OF DISPOSAL SERVICE Section 3.1 DELIVERY OF WASTE 9
Section 3.2 PROVISION OF DISPOSAL SERVICES BY THE COUNTY. 11 Section 3.3 COUNTY RIGHT TO REFUSE WASTE 12
Section 3.4 UNINCORPORATED AREA ACCEPTABLE WASTE 13
Section 3.5 MISCELLANEOUS OPERATIONAL MATTERS 14
Section 3.6 OTHER USERS OF THE DISPOSAL SYSTEM. 14
Section 3.7 COUNTY PROVISION OF WASTE DIVERSION SERVICES. 15
ARTICLE IV
CONTRACT RATE
Section 4.1 CHARGING AND SECURING PAYMENT OF CONTRACT RATE 15 Section 4.2 CONTRACT RATE 15
Section 4.3 RESPONSIBILITY FOR PAYMENT OF THE CONTRACT RATE 21 Section 4.4 BILLING OF THE CONTRACT RATE 21
Section 4.5 RESTRICTED RESERVES 21
Section 4.6 AUDITED FINANCIAL STATEMENTS 22
Section 4.7 ANNUAL UPDATE OF TEN-YEAR FINANCIAL PROJECTION 22
ARTICLE V
BREACH, ENFORCEMENT AND TERMINATION
Section 5.1 BREACH 23
Section 5.2 CITY CONVENIENCE TERMINATION 23
Section 5.3 TERMINATION. 23
Section 5.4 NO WAIVERS 24
Section 5.5 FORUM FOR DISPUTE RESOLUTION 24
ARTICLE VI
TERM
Section 6.1 EFFECTIVE DATE AND TERM 24
Section 6.2 COMMENCEMENT DATE 25
384
ARTICLE VII
GENERAL PROVISIONS
Section 7.1 OPERATION AND MAINTENANCE OF THE DISPOSAL SYSTEM 26 Section 7.2 UNCONTROLLABLE CIRCUMSTANCES GENERALLY. 26
Section 7.3 INDEMNIFICATION 27
Section 7.4 RELATIONSHIP OF THE PARTIES 27
Section 7.5 LIMITED RECOURSE. 27
Section 7.6 PRE-EXISTING RIGHTS AND LIABILITIES 27
Section 7.7 NO VESTED RIGHTS 28
Section 7.8 LIABILITY FOR COLLECTION, TRANSPORTATION AND PROCESSING 28 Section 7.9 NO CONSEQUENTIAL OR PUNITIVE DAMAGES 28
Section 7.10 AMENDMENTS 28
Section 7.11 NOTICE OF LITIGATION 28
Section 7.12 FURTHER ASSURANCES 28
Section 7.13 ASSIGNMENT OF AGREEMENT 28
Section 7.14 INTEREST ON OVERDUE OBLIGATIONS 28
Section 7.15 BINDING EFFECT 28
Section 7.16 NOTICES 28
APPENDIX 1
ESTIMATED ANNUAL TONNAGE
APPENDIX 2
CUMULATIVE TONNAGE
APPENDIX 3
CUMULATIVE CAPITAL COSTS
APPENDIX 4
FRANCHISE HAULER ACKNOWLEDGEMENT
APPENDIX 5
ORGANIC SERVICES AGREEMENT
385
WASTE INFRASTRUCTURE SYSTEM ENTERPRISE AGREEMENT
THIS WASTE INFRASTRUCTURE SYSTEM ENTERPRISE AGREEMENT ("WISE Agreement" or "Agreement" are used interchangeably) is made and dated as of the date indicated on the cover page hereof between the County of Orange, a political subdivision of the State of California (the "County"), and the city, special district, or sanitary district designated on the cover page of this Agreement (the "City"). County and City may hereinafter be referred to singularly as "Party" or collectively as "Parties.".
RECITALS
The County owns, manages and operates a Waste Infrastructure System to manage municipal and solid waste generated within the County of Orange or imported from outside the County pursuant to contractual agreements. The Waste Infrastructure System collectively includes active Class III sanitary landfills ("County Landfills"), resource recovery, recycling and organics programs, infrastructure and operations, closed landfills, and regional household hazardous waste collection centers and other waste management related systems as may be deemed necessary by the County.
The County is also responsible for the long-term management of twenty (20) closed landfills as required under Applicable Law.
County Landfills are used for the management of municipal solid waste pursuant to legislation including but not limited to the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code) (the "Act") and the Short-lived Climate Pollutants Reduction Act ("SB 1383"). County Landfills are also subject to other State and federal regulations designed to ensure that landfill operations minimize the impacts to public health and safety and the environment.
Pursuant to Resolution, the County established the Waste Management Enterprise Fund pursuant to Government Code §25261 to ensure that all costs associated with the operation and management of the Waste Infrastructure System are financed by charges imposed for services provided by the Depai talent and are not funded by tax revenue or the County General Fund.
The City, in the exercise of its police power, its powers under the Act, and other Applicable Law, has entered into a franchise or other agreement with or issued permits or licenses to one or more private haulers for the collection, recycling, diversion and disposal of municipal solid waste generated within the City.
A significant portion of municipal solid waste generated within the City historically has been and currently is delivered by such hauler or haulers to the County for disposal in the Disposal System.
Since 1997, the City and the County have provided for the management of municipal solid waste through Waste Disposal Agreements ("WDAs"), wherein the County agreed to provide disposal capacity for waste generated in the City, and the City agreed to deliver or cause the delivery of waste generated in the City to the Disposal System, as more specifically set forth in, and subject to the terms and conditions of the WDAs.
Starting in approximately 2014, the Legislature of the State of California passed several pieces of legislation ("Organics Legislation") that require significant reductions in the disposal of Organic Waste. The purpose of the Organics Legislation is to mandate organics recycling and curtail the impacts of climate change by reducing greenhouse gas emissions such as methane. In this regard, the decomposition of organic material in the State's landfills was identified as a significant source of methane that could be reduced.
On April 23, 2019, the Orange County Board of Supervisors passed Resolution 19-031 to respond to the State's increasing landfill diversion requirements and identified the need for additional organic processing infrastructure in the County and directed the Department to develop additional organics recycling infrastructure to support the region in meeting State organic recycling mandates.
The County has developed an Organics Infrastructure that is comprised of organic processing facilities to receive and process Organic Waste to support the State's Organic Legislation goals, promote local recycling, assist local jurisdictions in meeting their organic diversion requirements and correspondingly conserve capacity in the 386
Disposal System and is offering interested Cities the option of participating in the County provided Organic Processing Services pursuant to a separate Organic Services Agreement ("OSA") as provided in Appendix 5.
In their effort to continue the concepts and purposes outlined in the WDAs and respond to Organics Legislation, the City and the County desire to enter into this Waste Infrastructure System Enterprise Agreement ("WISE Agreement" or "Agreement"), on the terms and conditions set forth herein. The County and City acknowledge that the currently operative WDA shall remain in full force and effect until its expiration or the WISE Agreement Commencement Date, whichever comes first.
The City has determined that the execution of this Agreement by the City will serve the public health, safety and welfare of the City by providing disposal rate stability, predictable and reliable long-term disposal service, and the continuation of sound environmental management.
The County has determined that the execution by the County of this Agreement will serve the public health, safety and welfare by providing a stable, predictable and reliable supply of municipal solid waste and the resulting service payment revenue to the Waste Infrastructure System, thereby enabling the County to plan, manage, operate and finance improvements to the Waste Infrastructure System on a prudent and sound long term, businesslike basis consistent with its legal and regulatory obligations to the State and Federal government.
Official action approving this Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the County on the County authorization date indicated on the cover page hereof.
Official action approving this Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the City on the City authorization date indicated on the cover page hereof.
It is, therefore, agreed as follows:
ARTICLE I
DEFINITIONS AND INTERPRETATION
SECTION 1.1 DEFINITIONS. As used in this Agreement, the following terms shall have the meanings set forth below.
"Acceptable Waste" means all garbage, refuse, rubbish, Organic Waste and other materials and substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection and which are normally disposed of by or collected from residential (single family and multi -family), commercial, industrial, governmental and institutional establishments and which are acceptable at Class III landfills under Applicable Law.
"Act" means AB 939 the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended, supplemented, superseded and replaced from time to time. "Agreement" means this Waste Infrastructure System Enterprise Agreement ("WISE Agreement") between the County and the City as the same may be amended or modified from time to time in accordance herewith. "Appendix" means an appendix to this Agreement, as the same may be amended or modified from time to time in accordance with the terms hereof
"Applicable Law" means the Act, Organics Legislation, the Orange County Code of Ordinances, CERCLA, RCRA, CEQA, any Legal Entitlement and any federal or State rule, regulation, requirement, guideline, permit, action, determination or order of any Governmental Body having jurisdiction, applicable from time to time to the siting, design, permitting, acquisition, construction, equipping, financing, ownership, possession, operation or maintenance of the Waste Infrastructure System, and the transfer, handling, transportation and disposal of Acceptable Waste, Unacceptable Waste, or any other transaction or matter contemplated hereby (including any of the foregoing which concern health, safety, fire, environmental protection, mitigation monitoring plans and building codes). 387
"CalRecycle" means the California Department of Resources Recycling and Recovery, which is a branch of the California Environmental Protection Agency, and any agency, department or other Governmental Body which succeeds to the duties and powers thereof. CalRecycle oversees the State's waste management and waste reduction programs. CalRecycle was established in 2010 to replace the California Integrated Waste Management Board and is responsible for the enforcement of legislation and regulations and diversion requirements applicable to the Waste Infrastructure System.
"Capital Costs" means all costs of the Waste Infrastructure System that are classified as capital costs for purposes of the budget of the Department in accordance with procedures established by the County of Orange Auditor - Controller in compliance with the California State Controller's Manual, including but not limited to all of the categories of costs of the Waste Infrastructure System including but not limited to "Buildings and Improvements, and Infrastructure" (Object Code 4200), "Equipment" (Object Code 4000-4040) and "Intangible" (Object Code 4250- 4299) in the County of Orange — Chart of Accounts, or any successor accounting or reporting system utilized by the County.
"CEQA" means the California Environmental Quality Act, codified in California Public Resources. Code Section 21000 et seq. as amended or superseded, and the regulations promulgated thereunder. "CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
Section 9601 et seq., as amended or superseded, and the regulations promulgated thereunder. "Change in Law" means any of the following events or conditions which has a material and adverse effect on the performance by the parties of their respective obligations under this Agreement (except for payment obligations), or on the siting, design, permitting, acquisition, construction, equipping, financing, ownership, possession, operation or maintenance of the Waste Infrastructure System or other matters to which Applicable Law applies:
(1) the enactment, adoption, promulgation, issuance, material modification or written change in administrative or judicial interpretation on or after the Commencement Date of any Applicable Law (other than Applicable Law enacted by the County); or
(2) the order or judgment of any Governmental Body (other than the County), on or after the Commencement Date, to the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence; or
(3)
the denial of an application for, delay in the review, issuance or renewal of, or suspension, termination, interruption, imposition of a new or more stringent condition in connection with the issuance, renewal or failure of issuance or renewal on or after the Commencement Date of any Legal Entitlement to the extent that such denial, delay, suspension, termination, interruption, imposition or failure materially and adversely interferes with the performance of this Agreement, if and to the extent that such denial, delay, suspension, termination, interruption, imposition or failure is not the result of willful or negligent action, error or omission or a lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law; provided, however that the contesting in good faith or the failure in good faith to contest any such denial, delay, suspension, termination, interruption, imposition or failure shall not be construed as such a willful or negligent action, error or omission or lack of reasonable diligence; or (4) any new or revised requirements or fees relating to the funding or provision of Waste Infrastructure Services, including but not limited to, Integrated Waste Management Act Fees, Host Fees, regulations for disposal operations, organics processing and diversion, recycling initiatives or activities associated with the remediation, closure, funding or monitoring of closed landfills with respect to facilities comprising the Waste Infrastructure System, or facilities which the County previously utilized to provide waste disposal, transfer, recycling, processing or other waste related activities. "City" means, as applicable, the City (general law, charter or other), Special District or Sanitary District designated on the cover page of this Agreement and party to this Agreement. 388
"City Acceptable Waste" means all Acceptable Waste which was originally discarded by the first generator thereof within the geographical limits of the City, and Residue from the foregoing wherever produced, whether within or outside the City (or Tonnage equivalencies of such Residues, as and to the extent provided in subsection 3.1(D) hereof).
"Consumer Price Index" or "CPI" means a blend of the following two indexes based on the following percentage of each: 60% of the CPI shall be comprised of the Consumer Price Index published by the Bureau of Labor Statistics for All Urban Consumers: Water and Sewer and Trash Collection Services in U.S. City Average (CUSR0000EHG); and, 40% of the CPI shall be comprised of the Consumer Price Index for All Urban Consumers, not seasonally adjusted, all items index (CPI -U) — All items in Los Angeles -Long Beach -Anaheim (CUURS49ASA0).
In the event either of the forgoing indexes is no longer published during the term of this Agreement, such other index identified by the Bureau of Labor Statistics as a replacement or otherwise generally accepted as a replacement shall be used for purposes of this Agreement; and, in the absence thereof, the Orange County Board of Supervisors shall select an index that it determines most closely reflects the forgoing and best implements the intent of this Agreement. "Commencement Date" means the date on which the obligations of the parties hereto commence, established as provided in Section 6.2(B) hereof.
"Contract Date" means the first date on which this Agreement has been executed by both parties hereto. "Contract Rate" has the meaning specified in Section 4.2 hereof "Contract Year" means the fiscal year commencing on July 1 in any year and ending on June 30 of the following year.
"Controllable Waste" means all City Acceptable Waste with respect to which the City has the legal or contractual ability to determine the disposal location therefor and which is:
(1) Non -Recycled City Acceptable Waste;
(2) not generated from the operations of the Governmental Bodies which, under Applicable Law, have the independent power to arrange for the disposal of the waste they generate; and
(3)
collected and hauled by Franchise Haulers.
"County" means the County of Orange, a political subdivision of the State of California and party to this Agreement.
"County Landfills" means all active Class III sanitary landfills located within the County of Orange and operated by the Department. At the time of execution, County Landfills consist of the Olinda Alpha Landfill located in Brea, California, the Frank R. Bowerman Landfill located in Irvine, California, and the Prima Deshecha Landfill located in San Juan Capistrano, California. (Note: The current estimated closure date for the Olinda Alpha Landfill is 2036 as specified in its Solid Waste Facility Permit. Throughout the term of this Agreement, County reserves the right to reduce, continue, expand, or cease all operation at the Olinda Alpha Landfill at its sole discretion.) "County Plan" means the integrated waste management plan of the County approved by CalRecycle pursuant to the Act as in effect from time to time.
"County Acceptable Waste" means Acceptable Waste generated in the County. "County -wide Recycling Services" has the meaning set forth in subsection 3.7(A) hereof. "Cumulative Tonnage Target" for any given Contract Year means the amount specified in Appendix 2 hereto with respect to such Contract Year.
"Department" means OC Waste & Recycling, and any agency, department or other Governmental Body 389
which succeeds to the duties and powers thereof.
"Designated Facility" means the landfill or other County facility that the Department directs or assigns City Franchise Haulers to deliver City Acceptable Waste.
"Director" means the Director of OC Waste & Recycling.
"Disposal Services" means the solid waste disposal and other services to be provided by the County pursuant to the Service Covenant and as otherwise provided in this Agreement. "Disposal System" means the Waste Infrastructure System which includes solid waste disposal operations at active landfills; Organics Infrastructure; regional Household Hazardous Waste Collection Centers; and other waste management related systems deemed necessary by the County, as well as services, such as post -closure maintenance and other activities, at closed landfills formerly operated by the County, as appropriate under Applicable Law. "Environmental Fund" means the fund or funds held by the County to pay unanticipated costs of environmental mitigation, remediation or liability.
"Franchise Hauler" means any hauler or collector who provides Acceptable Waste collection services within the City pursuant to, or under authority granted by, a permit, contract, franchise or other agreement with the City. The term Franchise Hauler includes the City itself if Acceptable Waste collection and transportation services are provided directly by City operated municipal collection service. "Full Cost Recovery" means all facets of Department costs and responsibilities including, but not limited to; operation, maintenance and management of the Waste Infrastructure System, labor and equipment, capital projects, environmental monitoring and mitigation, site closure, legal and regulatory compliance, long-term post -closure maintenance, remediation costs, planning for contingencies associated with the County's long-term liability and maintaining adequate financial reserves.
"Governmental Body" means any federal, State, county, city or regional legislative, executive, judicial or other governmental board, agency, authority, commission, administration, court or other body, or any officer thereof acting within the scope of his or her authority.
"Hazardous Material" or "Hazardous Substance" has the meaning given such term in CERCLA, the Carpenter -Presley -Tanner Hazardous Substance Account Act (California Health and Safety Code Section §78000 et seq.), and Titles 26 and 27 of the California Code of Regulations and other regulations promulgated thereunder. "Hazardous Waste" means (a) any waste which by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may do either of the following: cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a substantial threat or potential hazard to human health or the environment, or any waste which is defined or regulated as a hazardous waste, toxic substance, hazardous chemical substance or mixture, or asbestos under Applicable Law, as amended from time to time including, but not limited to: (1) the Resource Conservation and Recovery Act and the regulations contained in 40 CFR Parts 260-281; (2) the Toxic Substances Control Act (15 U.S.C. Sections 2601 et seq.) and the regulations contained in 40 CFR Parts 761-766; (3) the California Health and Safety Code, Section 25117 (West 1992 & Supp. 1996); (4) the California Public Resources Code, Section 40141 (West 1996); and (5) future additional or substitute Applicable Law pertaining to the identification, treatment, storage or disposal of toxic substances or hazardous wastes; or (b) radioactive materials which are source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. Section 2011 et seq.) and the regulations contained in 10 CFR Part 40. The terms Hazardous Waste, Hazardous Material or Hazardous Substance shall be used interchangeably in this Agreement when not referring to specific Applicable Law.
"Host Fee" means the amount paid pursuant to Cooperative Agreements, referred to in Section 1.2 (I) of this Agreement, to compensate the cities identified in Section 1.2(I) ("Host Cities") for costs or impacts incurred by Host Cities which might be associated with County Landfills due to their location within Host City boundaries, and not already substantially avoided or mitigated through the identification and adoption of Project Design Feature and Mitigation Measures.
"Imported Acceptable Waste" means Acceptable Waste that is generated outside of the geographical boundaries 390
of the County and delivered to the Waste Infrastructure System. "Importation Agreement" means an agreement between the County and any public or private entity for the delivery and acceptance of Imported Acceptable Waste pursuant to contract. "Independent Haulers" means those waste collection/hauler companies primarily engaged as a principal business in the collection and transportation of municipal solid waste generated in the County of Orange which are not obligated to deliver County Acceptable Waste to the Waste Infrastructure System pursuant to a franchise, contract, permit or other authorization with a City in the County. "Initial Term" has the meaning specified in Section 6.1(A) hereof. "Legal Entitlement" means all permits, licenses, approvals, authorizations, consents and entitlements of whatever kind and however described which are required under Applicable Law to be obtained or maintained by any person with respect to the Waste Infrastructure System or the performance of any obligation under this Agreement or the matters covered hereby.
"Legal Proceeding" means every action, suit, litigation, arbitration, administrative or regulatory proceeding, and other legal or equitable proceeding having a bearing upon this Agreement. "Loss -and -Expense" means any and all loss, liability, obligation, damage, delay, penalty, judgment, deposit, cost, expense, claim, demand, charge, tax, or expense, including all fees and costs. "MRF Fines" mean undersized or pulverized material consisting of small fractions of waste that are created during the recycling process as Material Recovery Facilities. "Net Import Revenues" has the meaning ascribed thereto in Section 3.6(F). "Non -Recycled City Acceptable Waste" means all City Acceptable Waste other than Recycled City Acceptable Waste.
"OC Waste & Recycling Enterprise Fund" means the waste management enterprise fund established and managed by the County pursuant to Section 25261 of the Government Code separate from its other funds and accounts for receipts and disbursements in connection with the Waste Infrastructure System. "Organics Infrastructure" means organic processing facilities designed to receive and process Organic Waste to support the State's Organic Legislation goals, promote local recycling, and/or assist local jurisdictions in meeting their organic diversion requirements which are utilized by interested Cities in connection with their participating in County -provided Organic Processing Services pursuant to a separate Organic Services Agreement. "Organics Legislation" means organics recycling legislation including AB 1594, AB 1826, SB 1383 and any future legislation pertaining to the management and diversion of Organic Waste. "Organics Processing Services" means the services provided by County to Cities that choose to enter into the Organic Services Agreement provided in Appendix 5.
"Organics Services Agreement" ("OSA") means that separate agreement (as provided in Appendix 5) between County and interested Cities, whereby the County agrees to provide Organic Processing Services to interested Cities pursuant to the terms of the OSA.
"Organic Waste" means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges as defined in Title 14 of the California Code of Regulations, Section 18982(a)(46). "Overdue Rate" means the maximum rate of interest permitted by the laws of the State, if applicable, or the prime rate established from time to time by the Bank of America, N.A. or its successors and assigns, plus 2%, whichever is lower.
391
"Participating City" means any City executing a WISE Agreement in accordance with Section 3.6(A) hereof and meeting all requisite conditions to the Commencement Date thereof. "Participation Threshold" means the point at which the percentage of the County's Acceptable Waste attributable to Participating Cities which have executed and delivered Agreements shall exceed 50% percent (using the percentage rates attributed to such Participating Cities in Appendix 1). "Posted Disposal Rate" means the per ton tipping fee charged by the County for the disposal of solid waste at the Disposal System by parties which are not entitled to disposal service at the Contract Rate pursuant to this Agreement or other contractual arrangement.
"Prohibited Medical Waste" means any medical or infectious waste prohibited or restricted under Applicable Law from being received by or disposed at the Disposal System. "Qualified Household Hazardous Waste" means waste materials determined by local, State, and federal regulation to be:
(1) Of a nature that they must be listed as hazardous in State statutes and regulations; (2) Toxic/ignitable/corrosive/reactive; and
(3) Carcinogenic/mutagenic/teratogenic;
which are discarded from households as opposed to businesses. Qualified Household Hazardous Waste shall not include Unacceptable Waste.
"Recycled City Acceptable Waste" means any otherwise Controllable Waste which is separated from Acceptable Waste by the generator thereof or by processing and which is "recycled" within the meaning of Section 40180 of the Public Resources Code.
"Renewal Term" has the meaning specified in Subsection 6.1(C) hereof. "Residue" means any material remaining from the processing, by any means and to any extent, of City Acceptable Waste or Recycled City Acceptable Waste; provided, however, that Residue shall not include minimal amounts of material remaining after such processing (which minimal amounts shall in no event exceed 10% of the amount of such City Acceptable Waste or Recycled City Acceptable Waste prior to processing). "Resource Conservation and Recovery Act" or "RCRA" means the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as amended and superseded. "Restricted Reserves" has the meaning specified in Section 4.5. "Sanitary Districts" means the sanitary districts in the County formed pursuant to the Sanitary District Act of 1923, codified in California Health & Safety Code Section 6400 et seq., as amended, supplemented, superseded and replaced from time to time.
"Self -Hauled Waste" means City Acceptable Waste and City Acceptable Organic Waste collected and hauled by Self -Haulers.
"Self -Hauler" means any person not engaged commercially in waste haulage who collects and hauls Acceptable Waste generated from residential or business activities conducted by such person. hereof.
"Service Coordinator" means the service coordinator for either party designated pursuant to subsection 3.5(C) "Service Covenant" means the covenants and agreements of the County set forth in Sections 3.2 and 3.3 hereof. 392
"Special District" means public agencies created by a Governmental Body to provide one or more specific services to a community, such as but not limited to water, sewer, refuse, parks and recreation, fire protection, pest abatement, etc.
"Source -Separated Household Hazardous Waste" means Qualified Household Hazardous Waste which has been segregated from Acceptable Waste originating or generated within the geographical jurisdiction of the City at the source or location of generation.
"Source -Separated Household Hazardous Waste Disposal System" means the collection centers, facilities, contracts and other arrangements owned or administered by the County for the receipt, handling and disposal of Source -Separated Household Hazardous Waste.
"State" means the State of California.
"Term" shall mean the term of this Agreement.
"Ton" means a "short ton" of two thousand (2,000) pounds. "Transfer Station" means any materials recovery facility, composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or management facility to which solid waste collected for the City is delivered for processing before receipt in the Waste Infrastructure System. "Unacceptable Waste" means Hazardous Material; Hazardous Waste; Hazardous Substances; Prohibited Medical Waste; Qualified Household Hazardous Waste separated from Acceptable Waste; explosives, ordnance, highly flammable substances, and noxious materials and lead -acid batteries (except if delivered in minimal quantities); drums and closed containers; liquid waste, oil, human wastes; machinery and equipment from commercial or industrial sources, such as hardened gears, shafts, motor vehicles or major components thereof, agricultural equipment, trailers, marine vessels and steel cable; hot loads; and any waste which the Waste Infrastructure System is prohibited from receiving under Applicable Law.
"Uncontrollable Circumstance" means any act, event or condition affecting the Waste Infrastructure System, the County, the City, or any of their Franchise Haulers, contractors or suppliers to the extent that it materially and adversely affects the ability of either party to perform any obligation under the Agreement (except for payment obligations), if such act, event or condition is beyond the reasonable control of and is not also the result of the willful or negligent act, error or omission or failure to exercise reasonable diligence on the part of the party relying thereon as justification for not performing an obligation or complying with any condition required of such party under the Agreement; provided, however, that the contesting in good faith or the failure in good faith to contest such action or inaction shall not be construed as willful or negligent action or a lack of reasonable diligence of either party. Examples of Uncontrollable Circumstances are:
(1)
an act of God, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil disturbance, epidemic; and
(2) a Change in Law.
"Unincorporated Area" means those portions of the County which are not contained within the jurisdictional boundaries of incorporated cities.
"Unincorporated Area Acceptable Waste" means Acceptable Waste originating from or generated within the Unincorporated Area.
"Unrestricted Reserves" means cash and other reserves of the Waste Infrastructure System which are not Restricted Reserves.
"Waste Disposal Covenant" means the covenants and agreements of the City set forth in Section 3.1 hereof. "Waste Infrastructure System" or "Disposal System" means County owned or operated waste management 393
related facilities, including active Class III sanitary landfills ("County Landfills"), closed landfills managed by the County, resource recovery operations, Organics Infrastructure, recycling and organics programs, infrastructure and operations, and regional household hazardous waste collection centers and other waste management related systems as may be deemed necessary by the County.
"WISE" means Waste Infrastructure System Enterprise.
"WISE Agreements" means each of the WISE agreements entered into between the County and any City within the County, Special District, Sanitary District, Jurisdiction, or operator of any Franchise Hauler located in the County in accordance with the terms herewith.
SECTION 1.2 INTERPRETATION. In this Agreement, unless the context otherwise requires:
(A) References Hereto. The terms "hereby", "hereof', "herein", "hereunder", "herewith", and any similar terms refer to this Agreement, and the term "hereafter" means after, and the term "heretofore" means before, the Contract Date.
(B) Gender and Plurality. Words of the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular number mean and include the plural number and vice versa.
(C) Persons. Words importing persons include firms, companies, associations, general partnerships, limited partnerships, trusts, business trusts, corporations and other legal entities, including public bodies, as well as individuals.
(D) Headings. The table of contents and any headings preceding the text of the Articles, Sections and subsections of this Agreement shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. (E) No Third Party Beneficiaries. Nothing in this Agreement is intended to confer on haulers or any other person other than the parties hereto and their respective permitted successors and assigns hereunder any rights or remedies under or by reason of this Agreement. (F) Counterparts. This Agreement may be executed in any number of original counterparts. All such counterparts shall constitute but one and the same Agreement. (G) Applicable Law and Venue. This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county. (H) Severabilitv. If any clause, provision, subsection, Section or Article of this Agreement shall be ruled invalid by any court of jurisdiction, then the parties shall: (1) promptly meet and negotiate a substitute for such clause, provision, subsection, Section or Article which shall, to the greatest extent legally permissible, effect the intent of the parties therein; (2) if necessary or desirable to accomplish item (1) above, apply to the court having declared such invalidity for a judicial construction of the invalidated portion of this Agreement; and (3) negotiate such changes in, substitutions for or additions to the remaining provisions of this Agreement as may be necessary in addition to and in conjunction with items (1) and (2) above to effect the intent of the parties in the invalid provision. The invalidity of such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions hereof, and this Agreement shall be construed and enforced as if such invalid portion did not exist, unless such invalidity frustrates the underlying primary purpose of the Agreement. (I) Integration: Preservation of Certain Agreements. This Agreement contains the entire agreement between the parties with respect to the transactions contemplated hereby. This Agreement shall completely and fully supersede all prior understandings and agreements between the Parties with respect to such transactions; provided; however, that this Agreement shall not supersede the following Cooperative Agreements as they currently 394
exist or as they may be amended in the future:
1) Cooperative Agreement between the City of Brea and the County of Orange regarding the Olinda Alpha Landfill.
2) Cooperative Agreement between the City of Irvine and the County of Orange regarding the Frank R. Bowerman Landfill.
3) Cooperative Agreement between the City of San Juan Capistrano and the County of Orange regarding the Prima Deshecha Landfill.
ARTICLE II
REPRESENTATIONS AND WARRANTIES
SECTION 2.1 REPRESENTATIONS AND WARRANTIES OF THE CITY. The City represents and warrants that:
(A) Existence. The City is a general law or charter city or a Special District or Sanitary District validly existing under the Constitution and laws of the State. (B) Due Authorization. The City has duly authorized the execution and delivery of this Agreement, and this Agreement has been duly executed and delivered by the City.
SECTION 2.2 REPRESENTATIONS AND WARRANTIES OF THE COUNTY. The County represents and warrants that:
(A) Existence. The County is a political subdivision of the State of California validly existing under the Constitution and laws of the State.
(B) Due Authorization. The County has duly authorized the execution and delivery of this Agreement, and this Agreement has been duly executed and delivered by the County.
ARTICLE III
DELIVERY AND ACCEPTANCE OF WASTE
AND PROVISION OF WASTE
MANAGEMENT AND DISPOSAL SERVICE
SECTION 3.1 DELIVERY OF WASTE.
(A) Waste Management and Disposal Covenant. Subject to the occurrence of the Commencement Date and throughout the Term of this Agreement, and subject to available Waste Infrastructure System capacity, the City shall exercise all legal and contractual power and authority which it may possess from time to time to deliver or cause the delivery of all Controllable Waste to the Waste Infrastructure System in accordance herewith. (B) Recycled City Acceptable Waste. The parties hereto acknowledge the responsibility of the City to meet its own recycling and landfill diversion goals contained in the Act and Organics Legislation. Nothing in this Agreement is intended or shall be interpreted to prohibit or impair the ability of the City to meet such responsibilities, or to restrict the right of the residents, businesses or organizations in the City to practice source separation, recycling, composting or other materials recovery activities, or to restrict the right of the City to conduct, sponsor, encourage or require such activities in any form. No reduction in the amount of Controllable Waste generated in the City and delivered to the Waste Infrastructure System by or on behalf of the City which may result from any such source separation or recycling program shall cause the City any liability hereunder (other than potential adjustment to the Contract Rate to the extent provided in Article IV hereof) and shall not constitute a breach of this Agreement.
(C) Waste Delivered to Transfer Station. All Residue from any processing of Controllable Waste by materials recovery, composting, recycling or other means, wherever performed, shall constitute Controllable Waste and be subject to the Waste Disposal Covenant. Where City Acceptable Waste is processed at a facility which concurrently processes other Acceptable Waste in a manner which produces commingled residue which cannot be traced to a geographic source, generic residues from such facility in Tonnage equal to the residues that would have 395
been produced had City Acceptable Waste only been processed at the facility shall constitute Controllable Waste and be subject to the Waste Disposal Covenant. Any City Acceptable Waste or material derived or segregated therefrom which is held in storage and asserted by the possessor thereof to constitute Recycled City Acceptable Waste awaiting sale or distribution to the secondary materials markets shall constitute Controllable Waste if, when and to the extent that the storage or diversion thereof can be reasonably deemed to constitute an evasion of the Waste Disposal Covenant rather than generally recognized, accepted and prevailing practice in the Southern California materials recovery and recycling industry conducted in accordance with Applicable Law. In order for the owner and/or operator of a transfer station to be entitled to deliver Acceptable Waste from a Participating City to the Waste Infrastructure System for the Contract Rate as provided in Article IV, such owner and/or operator must execute a direct agreement with the County, acknowledging and agreeing to comply with the obligation of the Participating City to cause the delivery of all Controllable Waste to the Waste Infrastructure System pursuant to this Agreement. In addition, the County shall be authorized to implement procedures to determine if Acceptable Waste delivered by the owners or operators of Transfer Stations is entitled to utilize the Waste Infrastructure System for the Contract Rate. Such procedures may include requiring Transfer Stations to certify, under penalty of perjury, the source of any such Acceptable Waste. If necessary, the County may require that, in order to qualify for use of the Waste Infrastructure System for the Contract Rate, Transfer Stations must deliver Controllable Waste in loads containing only Controllable Waste, and not commingled with Acceptable Waste from entities which are not Participating Cities or Participating Independent Haulers. (D) Power to Obli2ate Waste Disnosal and Comely with this A2reement. On or before the Commencement Date, (i) any City franchise, contract, lease, or other agreement which is lawfully in effect relating to or affecting Controllable Waste shall provide, or shall have been amended to provide, that the City shall have the right without material restriction on and after the Commencement Date to direct the delivery of all Controllable Waste to the County Waste Infrastructure System (whether or not such Controllable Waste is delivered to a transfer station as an intermediate step prior to landfill disposal) and otherwise to comply with its obligations under this Agreement with respect to Controllable Waste and Franchise Haulers, and (ii) the City shall designate the Waste Infrastructure System as the disposal location pursuant to such franchise, contract, lease or other agreement. On and after the Commencement Date and throughout the Term of this Agreement the City (a) shall not enter into any franchise, contract, lease, agreement or obligation, issue any permit, license or approval, or adopt any ordinance, resolution or law which is materially inconsistent with the requirements of the Waste Disposal Covenant, and (b) shall maintain non-exclusive or exclusive franchises or other contractual arrangements over any City Acceptable Waste which, as of the Contract Date, is subject to non-exclusive or exclusive franchise or other contractual arrangements. The City agrees that the County shall be a third party beneficiary of the obligation of Franchise Haulers to deliver Controllable Waste to the Waste Infrastructure System, and may directly enforce such obligation through any legal means available. The City shall notify in writing each Franchise Hauler of the County's third party beneficiary rights. (E) Controllable Waste Flow Enforcement.
(1) The City, in cooperation with the Department, shall establish, implement, carry out and enforce a waste flow enforcement program which is sufficient to assure the delivery of all Controllable Waste to the Waste Infrastructure System pursuant to and in accordance with the Waste Disposal Covenant for Controllable Waste disposal at the times and in the manner provided herein. The waste flow enforcement program shall consist of amending City franchises, permits or authorizations with all Franchise Haulers, to the extent required by this Section and to the extent allowed by law, and shall include in addition, to the extent necessary and appropriate in the circumstances to assure compliance with the Waste Disposal Covenant, but shall not be limited to:
(i) licensing or permitting Franchise Haulers, upon the condition of compliance with the Waste Disposal Covenant,
(ii) providing for and taking appropriate enforcement action under any such franchise, license, or permit, such as but not limited to the suspension, revocation and termination of collection rights and privileges, the imposition of fines or collection of damages, and the exercise of injunctive relief against non -complying Franchise Haulers and
(iii) causing any Transfer Station to which Controllable Waste is delivered for processing to deliver certification, under the penalty of perjury, of the amounts of Controllable Waste received and Residue remaining from processing at such Transfer Station.
(2) The City acknowledges and agrees that in the event of a breach of the Waste Disposal Covenant by the City, the City shall pay the County an amount equal to the amount that the City would have been required to pay to the County had the Waste Disposal Covenant not been breached, which shall be calculated by: (1) subtracting the 396
number of tons actually delivered during the month(s) of the breach from the number of tons that were delivered during the same month(s) closest in time when there was no such breach, even if such month(s) closest in time was prior to the Term, and (2) multiplying such amount by the Contract Rate in effect at the time of such breach (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2). In the event that the County terminates the Agreement as a result of such breach, the damages due as a result of such termination shall be equal to the average monthly deliveries by the City for the twelve (12) months prior to the commencement of the breach multiplied by the Contract Rate in effect at the time of such breach (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2), multiplied by the number of months that would have remained in the Term of the Agreement had the termination not occurred. The parties recognize that if the City fails to meet its obligations hereunder, the County will suffer damages and that it is and will be impracticable and extremely difficult to ascertain and determine the exact amount of such damages. Therefore, the parties agree that the damages specified above represent a reasonable estimate of the amount of such damages, considering all of the circumstances existing on the date hereto, including the relationship of the sums to the range of harm to the County that reasonably could be anticipated and anticipation that proof of actual damages would be costly or inconvenient. In signing this Agreement, each party specifically confirms the accuracy of the statements made above and the fact that each party had ample opportunity to consult with legal counsel and obtain an explanation of this liquidated damage provision at the time that this Agreement was made.
(F) Legal Challenges to Franchise System. The City shall use its best efforts to preserve, protect and defend its right to exercise and comply with the Waste Disposal Covenant against any challenge thereto, legal or otherwise (including any lawsuits against the City or the County, whether as plaintiff or defendant), by a Franchise Hauler or any other person, based upon breach of contract, violation of law or any other legal theory. The City shall bear the cost and expense of any such Legal Proceeding or other challenge. In the event any such Legal Proceeding relating to the Waste Disposal Covenant or the City's exercise thereof establishes in a final determination that such covenant or exercise thereof is void, unlawful or unenforceable, or if any Franchise Hauler fails to deliver Controllable Waste to the Waste Infrastructure System in breach of its franchise with the City on the grounds that a judicial determination made by any court or other Applicable Law has rendered its obligation to deliver Controllable Waste to the Disposal System void, unlawful or unenforceable on any legal grounds, with the result that actual waste deliveries to the Disposal System fall below the Cumulative Tonnage Targets, the County shall be entitled to avail itself of the remedies described in Section 4.2(B) hereof.
(G) Franchise Haulers. The City shall compile and provide the Department with the following information concerning all Franchise Haulers: name, address and phone number; identification number; area of collection and transportation; and franchise and permit terms. (H) Waste Information System. The City shall cooperate with the Department in collecting information and otherwise monitoring Franchise Haulers in order to assure compliance with this Agreement, the Act, Organics Legislation, or other Applicable Law. Such information may include information such as, data pertaining to Controllable Waste collected, transported, stored, processed and disposed of, Recycled City Acceptable Waste collected, transported, stored, processed and marketed or disposed of, Controllable Organic Waste collected, stored, processed and marketed or disposed of, Franchise Haulers' franchise, permit or license terms, collection areas, transportation routes and compliance with Applicable Law; and all other information which may reasonably be required by the Department in connection with this Agreement. The City agrees to include in any revised franchise, contract, license or permit or other authorization granted to Franchise Haulers an obligation of the Franchise Hauler to provide to the County information relating to the Controllable Waste collected by such Franchise Hauler, including origins from which such Controllable Waste was collected (identifying Controllable Organic Waste, Recycled City Acceptable Waste, or as otherwise may be required under this Agreement or under Applicable Law), tonnage by type of load (residential, commercial, roll -off box), customer service levels, tonnage delivered by transfer station or material recovery facility utilized, and other related information. (I) City Actions Affecting County. The City agrees to carry out and fulfill its responsibilities under this Agreement and Applicable Law so as to permit full and timely compliance by the County with its covenants and agreements with the State. In particular, the City agrees not to conduct, authorize or permit any disposal services for Controllable Waste to be provided in competition with the Disposal Services provided by the County hereunder, and not to take or omit to take any action with respect to Controllable Waste, its collection, transportation, transfer, storage, treatment, processing, or disposal that may materially and adversely affect the County's ability to achieve such timely compliance. Notwithstanding the foregoing, the City shall not be required to deny any permit or license or refuse to grant any approval while exercising its police powers. 397
(J) No Right of Waste Substitution. Nothing in this Agreement shall authorize or entitle the City to deliver or cause the delivery to the Waste Infrastructure System of Acceptable Waste or Acceptable Organic Waste originating from or generated outside the jurisdiction of the City, nor obligate the County to receive or dispose of any such Acceptable Waste or Acceptable Organic Waste. The City shall not assign in whole or in part its right to deliver or cause to be delivered Controllable Waste or Controllable Organic Waste to the County hereunder, and shall not permit any Acceptable Waste or Acceptable Organic Waste originating from or generated outside the jurisdiction of the City to be substituted for Controllable Waste or Controllable Organic Waste for any purpose hereunder. (K) Annexations and Restructuring. It is the intention of the parties that this Agreement and the obligations and rights of the City hereunder, including particularly the Waste Disposal Covenant and the Contract Rate, shall, to the extent permitted by Applicable Law, extend to any territory annexed by the City (or any territory with respect to which the City assumes solid waste management responsibility from a Sanitary District or other public entity) and shall bind any successor or restructured Governmental Body which shall assume or succeed to the rights of the City under Applicable Law.
SECTION 3.2 PROVISION OF WASTE INFRASTRUCTURE SERVICES BY THE COUNTY. (A) Service Covenant. Commencing on the Commencement Date, and subject to available Waste Infrastructure System capacity, the County shall provide or cause the provision of the service of receiving and disposing of all Controllable Waste at the Waste Infrastructure System, and, in accordance with subsection 3.3(C) hereof, disposing of Unacceptable Waste inadvertently accepted at the Disposal System. The County, to the maximum extent permitted under Applicable Law, shall use its best efforts to increase source reduction, materials recovery, recycling, organic processing or other waste diversion in the region as may be required by law or which result in the long-term preservation of landfill disposal capacity and to keep the Waste Infrastructure System open for the receipt of Acceptable Waste for disposal or transfer of Controllable Waste pursuant to this Agreement. The County shall do and perform all acts and things which may be reasonably necessary or desirable in connection with its covenants in this subsection, including without limitation all planning, development, administration, implementation, construction, operation, maintenance, management, financing and contract work related thereto or undertaken in connection therewith. The County shall exercise all reasonable efforts to minimize the costs incurred in complying with the Service Covenant consistent with its responsibilities hereunder and under this Agreement, Applicable Law and prudent solid waste management practice and environmental considerations. (B) Source -Separated Household Hazardous Waste. The County shall maintain, as part of the Waste Infrastructure System, a Source -Separated Household Hazardous Waste Disposal System for the disposal of Source -Separated Household Hazardous Waste. The disposal service provided by such system shall constitute part of the Disposal Services, and shall be available to Participating Cities as part of the Contract Rate. The County may impose additional fees and charges for new services relating to Source -Separated Household Hazardous Waste or with respect to cities which are not parties to an Agreement. The County may provide for the expansion, contraction or modification of the Source -Separated Household Hazardous Waste Disposal System and its services to the extent necessary to ensure the Waste Infrastructure System's viability. (C) Designated Facilities. County and City will coordinate in determining the primary landfill used for disposal and processing of Controllable Waste. The Department shall immediately advise the City by telephone of any situation, event or circumstance which results in the partial or complete inability of the County to receive Controllable Waste at any particular landfill within the Waste Infrastructure System, its effect on the County's ability to perform its obligations hereunder, and the County's best estimate of the probable duration. The Department shall confirm such advice in writing within twenty four (24) hours of the occurrence of any such inability. The County shall use its best efforts to resume normal operation of the landfill used by the City as soon as possible. In the event a situation, event or circumstance results in the partial or complete inability of the County to receive Controllable Waste at any particular landfill within the Waste Infrastructure System the County shall have the right to redirect Controllable Waste to another landfill within the Waste Infrastructure System for the duration of the situation, event or circumstance; provided, however, that in such circumstances the County shall utilize reasonable efforts to first redirect waste which is not Controllable Waste. In no event shall the County be required to accept Controllable Waste if it does not have sufficient permitted disposal capacity within the Waste Infrastructure System. (D) Compliance with Service Covenant Not Excused for anv Reason. Commencing on the 398
Commencement Date, and subject to the terms of this Agreement, the obligations of the County to duly observe and comply with the Service Covenant, in accordance with Applicable Law, shall apply continuously and without interruption for the Term of this Agreement. In the event that any Change in Law, situation, event or other Uncontrollable Circumstance impairs or precludes compliance with the Service Covenant by the means or methods then being employed by the County, the County shall use best efforts to implement alternative or substitute means and methods to enable it to satisfy the terms and conditions of the Service Covenant. In the event that a Change in Law precludes the County from complying with such covenants with the means or methods then being employed and from utilizing any alternate or substitute means or methods of compliance, the County shall continuously use all reasonable efforts to effectuate executive, legislative or judicial change in or relief from the applicability of such law so as to enable the County lawfully to resume compliance with such covenants as soon as possible following the Change in Law.
County failure to duly observe and comply with the Service Covenant due to its efforts to comply with Applicable Law, shall not constitute a breach under this Agreement, and shall excuse County performance to the extent necessary to comply with Applicable Law.
If the alternative or substitute means and methods proposed for the County to observe and comply with the Service Covenant are more costly than the previously used means and methods, County shall be entitled to a corresponding Contract Rate increase to cover any associated additional costs pursuant to the provisions of Section 4.2 of this Agreement.
SECTION 3.3 COUNTY RIGHT TO REFUSE WASTE.
(A) Right of Refusal. Notwithstanding any other provision hereof, the County may refuse delivery of:
(1) Hazardous Waste;
(2) Controllable Waste delivered at hours other than those provided in Section 3.5 hereof; (3) Waste that does not constitute Acceptable Waste;
(4) Acceptable Waste delivered by City but originating from or generated outside the jurisdiction of the City;
(5) Controllable Waste consisting primarily of construction and demolition debris or inert material which may cause a particular facility's daily tonnage limit to be exceeded; (6) Acceptable Waste in excess of permitted limits; and (7) Acceptable Waste that would result in County violating Applicable Law. (B) Identification of Unacceptable Waste. The Department shall have the right (but not the duty or the obligation) to inspect the vehicles of all Franchise Haulers delivering material to the Waste Infrastructure System, and may require that the Franchise Hauler remove any Unacceptable Waste from such vehicle before it is unloaded. If the Department determines that it is impractical to separate Controllable Waste from Unacceptable Waste in any vehicle, or if the Franchise Hauler delivering such waste is unwilling to make such separation, or if any vehicle is carrying waste which may spill or leak, then the Department may reject the entire vehicle, and the City shall forthwith remove or cause the removal of the entire delivery from the Waste Infrastructure System. The Department may take all reasonable measures to prevent waste from being blown or scattered before and during unloading. The City shall cause the Franchise Haulers to observe and comply with Applicable Law, the operating rules and regulations of the Department, and the provisions of this Agreement prohibiting the delivery of Unacceptable Waste to the Waste Infrastructure System.
(C) Hazardous Waste and Hazardous Substances. The parties acknowledge that the Waste Infrastructure System has not been designed or permitted to accept Hazardous Waste or Hazardous Substances, and is 399
not intended to be used in any manner or to any extent, for the handling, transportation, storage or disposal of Hazardous Waste, Hazardous Material or Hazardous Substances. Neither the County nor the City shall countenance or knowingly permit the delivery of Hazardous Waste or Hazardous Substances to the Waste Infrastructure System.
City shall be responsible for the costs of removal, and any regulatory fines, associated with the knowing delivery of any Hazardous Substances to the Waste Infrastructure System by the City or its Franchise Hauler. (D) Disposal of Unacceptable Waste and Hazardous Waste. If Unacceptable Waste or Hazardous Waste is discovered in a vehicle at any facility within the Waste Infrastructure System, the driver of the vehicle will not be permitted to discharge the load. If a vehicle is observed unloading Unacceptable Waste or Hazardous Waste in the tipping area of a facility within the Waste Infrastructure System Department personnel will use reasonable efforts to assure that such material has been characterized, properly secured and its disposition resolved. The return or reloading onto the delivery vehicle of any Hazardous Waste, Prohibited Medical Waste or other waste requiring handling or transportation shall be conducted in accordance with Applicable Law. Whenever Hazardous Waste is detected at any facility within the Waste Infrastructure System, the Department shall take immediate action in accordance with Applicable Law.
SECTION 3.4 UNINCORPORATED AREA ACCEPTABLE WASTE.
Commencing on the Commencement Date, the County in accordance with Applicable Law shall provide or cause to be provided the service of disposing of non -recycled Acceptable Waste originating or generated within the Unincorporated Area and, with respect to such material, shall comply with the Waste Disposal Covenant as if the County constituted a City subject to the Waste Disposal Covenant hereunder. Rates charged by the County for the disposal of each class of non -recycled Acceptable Waste generated in the Unincorporated Area shall be the same as the Contract Fee charged for the disposal of each class of Controllable Waste. The County shall use its best efforts to preserve, protect and defend its right to exercise and comply with the Waste Disposal Covenant (with respect to non -recycled Acceptable Waste generated in the Unincorporated Area) against any challenge thereto, legal or otherwise, by a Franchise Hauler or any other person, based upon breach of contract, violation of law or any other legal theory. The County shall bear the cost and expense of any such Legal Proceeding or other challenge (with respect to non -recycled Acceptable Waste generated in the Unincorporated Area).
SECTION 3.5 MISCELLANEOUS OPERATIONAL MATTERS.
(A) Operatine Hours. The County shall keep the Waste Infrastructure System open for the receiving of Acceptable Waste during such regular operating hours as may be established by the Department in the operating rules and regulations applicable to the Waste Infrastructure System. The County reserves the right to modify the operating days and hours to comply with Applicable law or as otherwise may be deemed necessary by the County. (B) Scales and Wei2hin2. The Department shall operate and maintain permanent scales at the Waste Infrastructure System as required by Applicable Law. The Department shall weigh all vehicles delivering waste by or on behalf of the City (whether or not the County accepts such waste) and prepare a daily weight record with regard to such delivery.
(C) Service Coordinator. The County and the City each shall designate in writing thirty (30) days prior to the expected Commencement Date a person to transmit instructions, receive information and otherwise coordinate service matters arising pursuant to this Agreement (each a "Service Coordinator"). Either Party may designate a successor or substitute Service Coordinator at any time by notice to the other Party. (D) Review of Records. Each Party may review the other Party's books and records with respect to matters relevant to the performance by either Party under this Agreement or otherwise related to the operation of the Waste Infrastructure System to the extent allowed under the California Public Records Act (interpreted as if the Parties to this Agreement were natural persons for purposes of the Public Records Act).
SECTION 3.6 OTHER USERS OF THE DISPOSAL SYSTEM.
(A) On or Before April 30. 2026. the County shall have the right to enter into WISE Agreements with Orange County entities with respect to Acceptable Waste which was originally discarded by the first generator thereof within the geographical limits of the County, including other cities in the County, Special Districts, Sanitary Districts, Franchise Haulers and Independent Haulers. Agreements entered into during this period shall have terms 400
and provisions substantially identical to the terms and provisions of this Agreement; provided, however, that in no event shall such agreements have terms and provisions more favorable than the terms and provisions of this Agreement (including but not limited to the Contract Rate and availability of disposal capacity). (B) After April 30, 2026, the County shall have the right to enter into WISE Agreements with Orange County entities, including any city, Special Districts, Sanitary Districts, Franchise Haulers and Independent Haulers, or otherwise accept Acceptable Waste from such parties, but only within the limitations contained in this Section. Any such agreement or waste acceptance agreement must provide that the party delivering waste shall pay a Disposal Rate at least 10% higher than the Contract Rate unless the County determines it is in the best interest of the Waste Infrastructure System to establish a Disposal Rate less than 10% higher than the Contract Rate. In no event shall the Disposal Rate be less than the Contract Rate. In addition, the County shall reserve the right in any such agreement to at any time, to the extent permitted by Applicable Law, refuse to receive and dispose of Acceptable Waste from any city, Special District, Sanitary District, Franchise Hauler and Independent Hauler if and to the extent that such receipt and disposal might materially and adversely affect the ability of the County to comply with its obligations to the Participating Cities under the WISE Agreements to which each is a party. (C) Posted Disposal Rate. The Posted Disposal Rate shall at all times be at least 10% higher than the Contract Rate.
(D) Self -Haulers. The City and the County acknowledge that Self -Haulers shall be entitled to deliver Self -Hauled Waste to the Waste Infrastructure System, on a non -contract basis, at the Posted Disposal Rate.
Such Self -Haulers shall not be entitled to dispose of Acceptable Waste for the Contract Rate. (E) Receipt of Imported Acceptable Waste on a Contract Basis. The County shall have the right to enter into Importation Agreement(s) with any public or private entity for the delivery of Imported Acceptable Waste on terms and conditions that the County determines to be necessary to ensure and enhance the viability of the Waste Infrastructure System and to generate Net Import Revenues. In no event shall such Importation Agreements, entered into after the Commencement Date, include a per ton tipping fee or Disposal Rate for Imported Acceptable Waste that is less than the Contract Rate. The County certifies that in its good faith judgment the contract or other agreement for the delivery of such waste will not materially and adversely affect the ability of the County to receive and dispose of Acceptable Waste from the Participating Cities in accordance with the applicable WISE Agreements throughout the Term thereof; and, should the delivery of waste subject to Importation Agreements adversely affect the County's ability to receive and dispose of Controllable Waste from Participating Cities the County will prioritize receipt and disposal of Controllable Waste delivered pursuant to applicable WISE Agreements. (F) Application and Use of Revenues From Other Users.
(1) County Acceptable Waste: Throughout the Term hereof, all revenues received by the County from the disposal or processing of County Acceptable Waste into the Waste Infrastructure System (including Surcharges, and any and all fine, penalty, liquidated damages or other damages, grants, awards or revenue received by the County in connection with the Waste Infrastructure System), shall be deposited by the County in the County OC Waste & Recycling Enterprise Fund and shall constitute revenues of the Waste Infrastructure System.
(2) Imported Acceptable Waste: Throughout the Term hereof, all revenues received by the County, pursuant to an Importation Agreement, for the disposal or processing of Imported Acceptable Waste into the Waste Infrastructure System (including Surcharges, and any and all fine, penalty, liquidated damages or other damages or revenue received by the County in connection with the Waste Infrastructure System), shall first be applied toward all of the costs attributable to the acceptance and management of such Imported Acceptable Waste into the Waste Infrastructure System. Costs attributable to the disposal of Imported Acceptable Waste include, but are not limited to, deposits to the Environmental Fund, deposits to closure and post -closure reserves, Host Fees (if applicable), incremental operating costs (such as manpower expenditures, equipment, services and supplies expenditures), State surcharges, regulatory fees, charges or penalties, and a pro rata share of capital project costs. Revenue remaining after costs attributable to the disposal and management of Imported Acceptable Waste shall be considered "Net Import Revenues" and shall be calculated and distributed as follows:
(i) Calculation: Net Import Revenues are estimated to be 30% of the revenues received 401
by the County from the disposal of Imported Acceptable Waste (excluding any newly established per -ton fees or increases to existing per -ton fees with respect to Imported Acceptable Waste payable to the State, other regulatory agencies or cities in which facilities in the Waste Infrastructure System are located.) (ii) Distribution: Net Import Revenues shall be distributed as follows; a. 50% of any Net Import Revenues shall be paid to the County General Fund. b. 50% of such Net Import Revenues shall be paid to the Participating Cities (and to the County, with respect to the unincorporated area) listed in Appendix 1 for use for any purpose by the Participating City, including but not limited to State mandated solid waste programs. Payments of such amount to the County General Fund and the Participating Cities shall be made by the County within ninety (90) days after the end of each fiscal year. The portion of Net Import Revenues specified above payable to the Participating Cities shall be apportioned in the percentages set forth in Appendix 1.
c. The percentages set forth in Appendix 1 with respect to each Participating City shall be annually reviewed and adjusted every five (5) years by the County to reflect the percentage of deliveries of Acceptable Waste from each Participating City averaged over the last five (5) years. The County shall notify Participating Cities of the revised percentages in Appendix 1 within one hundred and twenty (120) days of the end of each fiscal year.
SECTION 3.7 COUNTY PROVISION OF WASTE DIVERSION SERVICES. (A) Countv-Wide Recycling and Diversion Services. Unless otherwise specifically provided in this Agreement, County is not required to provide for any source reduction, materials recovery, recycling, organic processing or other waste diversion services under this Agreement. However, County may choose to provide County - Wide Recycling Services funded through the County OC Waste & Recycling Enterprise Fund at its sole discretion on the condition that provision of said services shall be funded in a manner that does not impact the Contract Rate without first going through the process outlined in Section 4.2 and expressly agreed to by 50% of Participating Cities. (B) Organic Processing and Diversion Services. The County has developed Organics Infrastructure and programs available to interested Cities intended to assist Cities in meeting their diversion and Organic Legislative Recycled Organic Waste Procurement goals and to promote the processing and diversion of Organic Waste into compost or other material that qualifies as diversion under Applicable Law. Cities interested in receiving County provided Organic Processing Services may enter into the separate Organic Services Agreement ("OSA") provided in Appendix 5 of this Agreement.
(C) Food Waste Processing and Diversion. County is in the process of evaluating the options and feasibility of development of a Commercial Food Waste Processing Infrastructure. If developed, Cities will be provided an opportunity to participate in this service on terms which shall be separately agreed upon by the Parties. (D) Edible Food Recovery Programs. County is in the process of evaluating the options and feasibility of development of regional County -wide edible food recovery programs to assist Cities in meeting State mandated goals. The intent of Edible Food Recovery to address the food hierarchy and wasted food scale on a regional level through collaboration of all jurisdictions, key local, State and federal stakeholders, the non-profit sector and business sector. City agrees to reasonably cooperate with County efforts and collaborate on data analysis and reporting to provide jurisdictions reports for compliance under SB 1383. If developed, Cities will be provided an opportunity to participate in this service on terms which shall be separately agreed upon by the Parties. (E) Recycling Market Development Zone ("RMDZ") Program. The RMDZ program, administered by the California Department of Resource Recycling and Recovery (CalRecycle), combines recycling with economic development to support business that use materials from the waste stream to manufacture their products.
The program offers loans, technical assistance and product marketing to eligible businesses located within designates zones. City agrees to reasonably cooperate and collaborate with County in support of the RMDZ program. 402
(F) Separate City -County Diversion Service Agreements. Nothing in this Agreement is intended to limit the right of the County to enter into a separate agreement with the City or any other person to provide source reduction, materials recovery, recycling, composting or other waste diversion services. Any such program conducted by the County, whether in participation with the City, any other of the Participating Cities, other Cities, Special Districts, Sanitary Districts, Franchise Haulers, Independent Haulers, Unincorporated Area or non -County entity, shall be operated, managed and accounted for as a program separate and distinct from the Disposal Services program contemplated by the WISE Agreements and shall not be funded through the general revenues of the Disposal System.
ARTICLE IV
CONTRACT RATE
SECTION 4.1 CHARGING AND SECURING PAYMENT OF CONTRACT RATE. The City acknowledges that the County shall have the right to charge and collect a Contract Rate for the acceptance, disposal, and processing of Controllable Waste delivered to the Waste Infrastructure System by City or its Franchise Hauler. The Contract Rate shall be calculated and established, and may be modified, as provided in Section 4.2 hereof. In addition, the City acknowledges that the County shall have the right to establish as part of the operating rules and regulations reasonable measures to secure the payment of all Contract Rates.
SECTION 4.2 CONTRACT RATE.
(A) Establishment of Contract Rate. The Contract Rate payable by each City or Franchise Hauler shall be a three (3) year progressive Contract Rate of $67/ton (July 1 2026 through June 30, 2027), $74/ton (July 1, 2027 through June 30, 2028), and $81/ton (July 1, 2028 through June 30, 2029) and contingent on the delivery to the Waste Infrastructure System of an amount of City Acceptable Waste at least equal to the Cumulative Tonnage Targets identified in Appendix 2, and subject to adjustment necessary to reflect the circumstances set forth in this Section 4.2 including but not limited to:
(i) increased costs incurred by the County (in excess of available insurance proceeds) due to the occurrence of one or more Uncontrollable Circumstances, other than Changes in Law; (ii) costs incurred by the County (in excess of available insurance proceeds and amounts available in the Environmental Fund for such purposes) remediating environmental conditions at the Disposal System or inactive or closed disposal sites in the County, which, if uncorrected, could give rise to potential claims under CERCLA or related federal or State statutes, including costs incurred providing indemnification to any Participating City pursuant to subsection 7.3;
(iii) tonnage shortfalls to the extent permitted by Sections 4.2(B); (iv) County determination that the Department revenue is insufficient to meet Full Cost (v) increased costs incurred by the County due to the occurrence of one or more (vi) Capital Costs in excess of the Capital Costs at any point in time during the term hereof exceeding the Cumulative Capital Costs set forth in Appendix 3; (vii) Provision of new or expanded services, provided on terms as agreed to by the Recovery requirements.
Changes in Law;
Parties.
Prior to adjusting the Contract Rate as a result of any of the circumstances described in clauses (i), (ii), (iii) (iv) or (vi) above, the County shall utilize the following remedies in the following order of priority:
(1) reduce the costs of operating the Disposal System to the extent practicable; and 403
(2) at the sole discretion of the County, utilize Unrestricted Reserves to pay costs of the Waste Infrastructure System.
The County will not be required to utilize such remedies prior to adjusting the Contract Rate as a result of any of the circumstances described in clauses (v) or (vii) above.
Any adjustments to the Contract Rate permitted by this Section shall be calculated by the County to reflect the actual costs or expenses of addressing the circumstance or circumstances pursuant to which the adjustment is authorized. The County agrees that, where appropriate, it will evaluate the feasibility of long-term financing for significant capital costs. Notwithstanding the forgoing, no adjustment to the Contract Rate shall occur as a result of costs associated with the programs identified in Section 3.7, without first going through the process outlined in Section 4.2 and expressly agreed to by 50% of Participating Cities.
(B) County Acceptable Waste Shortfall. In the event that the actual amount of County Acceptable Waste delivered to the Disposal System at the end of any Contract Year is less than the Cumulative Tonnage Target for such Contract Year for County Acceptable Waste, as specified in Appendix 2, the County shall utilize the following options, in the following order of priority, in order to remedy any adverse effects of such tonnage shortfall:
(i)
reduce the costs of operating the Waste Infrastructure System to the extent practicable;
(ii) at the sole discretion of County, utilize Restricted Reserves described in clause (iii) of Section 4.5 to pay costs of the Waste Infrastructure System; (iii) at the sole discretion of County, utilize Unrestricted Reserves to pay costs of the Waste Infrastructure System; and
(iv) adjust the Contract Rate.
In the event that implementation of the steps described above does not result in sufficient revenues to satisfactorily address the shortfall in tonnage, the County shall have the right to terminate the Agreement on one -hundred eighty (180) days written notice to the City. In addition, in the event that Waste Infrastructure expenses are lower than estimated or actual deliveries to the Disposal System exceed the Cumulative Tonnage Target as of the end of any Contract Year, the City acknowledges the County shall have the right to establish reserves intended to reflect the potential for lower than expected annual waste deliveries in subsequent years, and that any such reserves shall constitute "Restricted Reserves". (C) [RESERVED]
(D) Interim Use of Remedies. In the event that, during any Contract Year, waste deliveries to the Disposal System are 25% or more below delivery projections for such Contract Year with the result that the County determines it is unlikely that the Cumulative Tonnage Target will be achieved as of the end of such Contract Year, the County may utilize the remedies described in Section 4.2(B) prior to the end of such Contract Year; provided, however, that if at the end of such Contract Year, the Cumulative Tonnage Target is actually met, the County shall reimburse any adjustments to the Contract Rate made pursuant to this Section to Participating Cities. Such reimbursement shall occur in a manner as agreed between the parties, and may be given as a credit or adjustment to the Contract Rate for future deliveries, rather than a lump sum payment.
(E) Special Charges. Notwithstanding Section 4.2(A), the County shall have the right to establish special charges for the provision of new or expanded services or the receipt of hard to handle materials, such as bulky materials, construction and demolition debris, tree stumps and sludge. Should the County wish to provide new or expanded services to Cities, it may charge for such services upon agreement of City. Special charges shall be calculated to reflect the reasonable incremental costs to the County of providing the new or expanded services or accepting such hard to handle materials.
Adjustments pursuant to this Section 4.2(E) shall not require compliance with the provisions of Section 4.2(I) (F) Annual CPI Escalation. Subject to the application of the Contract Rate True -up (provided 404
below), the Contract Rate shall be adjusted each July 1, beginning 2029, in an amount equal to the percentage change in the CPI (as defined above) as measured from the October twenty one (21) months prior to the rate adjustment to the October immediately preceding the rate adjustment (the "Annual CPI Adjustment"). For example: The July 1, 2029 Annual CPI Adjustment to the Contract Rate shall be based upon the change in CPI from October 2027, to October 2028, referred to as year 1 and year 2 respectively in the following example.
Formula to calculate percentage change in the Contract Rate based on Annual CPI Adjustment :
Step 1:
r October Year 2 CPI 1
LJ - 1= % increase in Contract Rate
October Year 1 CPI
Step 2: Current Contract Rate x (1+ % increase in Contract Rate) = Contract Rate as of July 1 Year 2 On each April 1, commencing April 1, 2029, the County shall provide the City with notice of the Annual CPI Adjustment to the Contract Rate to be effective the following July 1. Such notice shall contain the calculation of the adjustment set forth above. The County shall calculate the new Contract Rate each year.
In the event that the change in CPI as described above is negative rather than positive, no rate adjustment will be made for that year. No adjustment under this Section 4.2(F) will take place until the October CPI index surpasses the index level as of the October immediately preceding the last annual rate adjustment pursuant to this Section 4.1(F), which will be considered "year 1" in calculating the change in the Contract Rate.
For example, if the change in CPI is measured as follows: October 2027 = 205, October 2028 = 204, October 2029 = 201, October 2030 = 208, then there would be no adjustment in July 2029, or July 2030, and an adjustment equal to the change from 205 to 208 would be implemented on July 1, 2031.
Contract Rate True -up: On an annual basis, no later than each April 30, beginning April 30, 2030, the County shall conduct an annual review of factors pertaining to the most recently completed fiscal year(s) including but not limited to, tonnage received throughout the Waste Infrastructure System, Cumulative Tonnage Targets identified in Appendix 2, revenue received from all sources, Department expenditures, and other factors that make up Department's total costs.
County shall notify City prior to April 30, 2030 (and every April 30 thereafter) and advise whether the Annual CPI Adjustment to the Contract Rate should be frozen for a period of time (in circumstances where Department revenues exceed Department Full Cost Recovery needs) or to determine whether the Contract Rate should be increased beyond the Annual CPI Adjustment as defined above (in circumstances where Department costs exceed CPI) to ensure that Department revenues meet Full Cost Recovery.
Within thirty (30) days of finalizing each annual review, the County shall transmit its findings and the bases thereof to Participating Cities at the next regularly scheduled OCCMA meeting or other forum mutually agreed to by the County and OCCMA. If requested by the City or OCCMA, the County shall reasonably respond to requests from the City and/or OCCMA for additional information including, but not limited to, requests to meet and discuss reviews, findings, and bases of findings. At the request of 50% of Participating Cities, County agrees to meet and confer in good faith with OCCMA, within sixty (60) days to discuss retention of a consultant acceptable to both the County and OCCMA to conduct an independent review of the County's annual review findings.
Nothing in this section shall be interpreted as limiting the County's rights under Section 4.2(A). (G) Adiustment Resultine from Increased Fees. In addition to the other adjustments specified herein, the Contract Rate shall be adjusted to reflect the imposition of new fees or increase in existing fees relating to the disposal of Controllable Waste imposed by State, federal or other agencies (e.g., the State's Integrated Waste Management fee, which is currently $1.40 per ton, but is expected in increase during the term of this Agreement). The adjustment shall be equal to the amount of any new or increased fee, and the adjustment shall take effect so as to coincide with the imposition of the new or increased fee. The County shall provide notice of any increase pursuant to this Section 4.2(G) as soon as practicable after becoming aware of the imposition of any fees described above.
Adjustments pursuant to this Section 4.2(G) shall not require compliance with the provisions of Section 4.2(I). (H) RESERVED]
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(I) Procedure for Rate Adiustments. In the event the County determines that it is entitled to an adjustment of the Contract Rate pursuant to Section 4.2(A) (other than 4.2(A)(iv)) or Section 4.2(B), it shall utilize the procedures described in this Section 4.2(I). The County shall be required to provide the City with at least ninety (90) days prior written notice of the adjustment, which notice shall identify the specific event(s) or circumstances which require the adjustment. The notice shall also specify the earliest date on which the County Board of Supervisors shall consider the proposed adjustment. At least forty five (45) days prior to such meeting of the Board of Supervisors, the County shall provide the City with a report which shall contain the following information: a description of the specific event(s) or circumstances which require the adjustment; a description (including cost estimates) of any activities (which may include, but not be limited to capital improvements to the Waste Infrastructure System) required in order to remedy such event or circumstance; certification by the County that it has implemented the remedies described in Section 4.2(A) or (B) prior to requiring the rate adjustment; and a description of the methodology used by the County to calculate the adjustment to the Contract Rate (hereinafter the "County Report"). In the event the City disputes the adjustment, it shall provide the County with a written description of the reason for the dispute at least ten (10) days prior to the meeting of the Board of Supervisors identified in the initial notice of the County (hereinafter the "City Report"). The City Report shall be provided to the Board of Supervisors for consideration at such meeting in connection with the proposed rate adjustment. At any time from and after the date that the County provides the City with the County Report, upon the request of either party, the City and County shall meet and confer in good faith to resolve any dispute that may arise regarding the proposed adjustment to the Contract Rate. In any such meeting, the County shall be represented by the Director of the Department or his or her designee. In the event the Board of Supervisors approves all or a portion of the proposed rate adjustment, such rate adjustment shall become effective on the date identified in the initial notice sent by the County regardless of whether or not the procedures in Section 4.2(J) are utilized, but subject to potential reimbursement pursuant to clause (11) of Section 4.2(J). (J) Procedure for Exnedited Judicial Review of Contested Rate Adiustment. In the event that, within thirty (30) days after the effective date of any Contract Rate adjustment made pursuant to Section 4.2(I), Participating Cities which, in the aggregate, accounted for more than 50% of the County Acceptable Waste delivered to the County System in the twelve (12) months preceding the Contract Rate adjustment, provide notice to the County of their election to utilize the procedures described in this Section 4.2(J), then the provisions of this Section 4.2(J) shall be utilized by such Participating Cities and the County to resolve the dispute over the Contract Rate Adjustment. In the event that Participating Cities which have delivered the amount of waste contemplated in the preceding sentence do not provide notice to the County of such election, the County shall have no obligation to participate in or cooperate in the implementation of the procedures described below in this Section 4.2(J). (1) In order to pursue the expedited judicial determination described in this Section (the "Expedited Rate Determination"), the Participating Cities which have made the election described in the paragraph above (the "Challenging Cities") must commence a civil action for breach of contract (the "Action") in the Orange County Superior Court within forty five (45) days of the date on which the Board of Supervisors approves the challenged adjustment to the Contract Rate.
(2) Within two (2) Court days of filing the Action, the Challenging Cities shall personally serve on the County Counsel, with copy provided to the Clerk of the Board both the summons and complaint, and a stipulation and request for the entering of an order incorporating all of the procedural provisions relating to the Expedited Rate Determination as set forth in this Section 4.2(J) (such stipulation and request for order is hereinafter referred to as the "Expedited Rate Determination Stipulation"). The Expedited Rate Determination Stipulation shall be signed by each of the Challenging Cities, or on behalf of them by their legal counsel. (3) Within fifteen (15) days of the date of service upon the County of the summons and complaint, and Expedited Rate Determination Stipulation, County Counsel shall execute the Expedited Rate Determination Stipulation and deliver it as well as the County's answer to the complaint in the Action, by electronic means, to the Challenging Cities through their counsel of record. The Stipulation shall also include a waiver by each of the parties of their right to a jury trial of the issues raised in the Action. The Parties agree that the duty to execute the Expedited Rate Determination Stipulation and comply with the procedures set forth for Expedited Rate Determination in this Section 4.2(J) shall be, and are hereby deemed to be, ministerial duties which the law specifically enjoins upon each of them, and shall be subject to enforcement by the parties herein pursuant to Code of Civil Procedure Section 1085, et seq., or by means of a complaint for specific performance. (4) Within three (3) days of the date of service by the County upon the Challenging Cities of the fully signed Expedited Rate Determination Stipulation, the County and the Challenging Cities shall jointly 406
make ex parte application to the Orange County Superior Court in the Action for the issuance of an order reflecting the procedural requirements and timelines contained in the Expedited Rate Determination Stipulation, provided however, the timelines may be adjusted by the Court as it deems may be needed for its convenience. As part of such ex parte application, the County and the Challenging Cities shall expressly seek to confirm with the Orange County Superior Court the briefing schedule, and request a hearing date (effectively a trial date) in accordance with the procedures set forth in this Section 4.2(J).
(5) Within ten (10) days of the date of service by the County upon the Challenging Cities of the answer in the Expedited Rate Determination, the Challenging Cities shall file with the Court and electronically serve upon County Counsel the Challenging Cities' opening brief and the Record in the Expedited Rate Determination. The opening brief shall not exceed 15 pages in length. The Record shall consist of, and be limited to, the record of the proceedings before the Board of Supervisors with respect to the adjustment of the Contract Rate, including but not limited to the County Report and the City Report prepared by each or any of the Challenging Cities pursuant to Section 4.2(I), any materials filed or lodged with the Board of Supervisors and the Orange County Waste Management Commission in connection with its decision, the transcript of the proceedings of the Board of Supervisors meeting(s), and the Orange County Waste Management Commission, the minutes of the Board of Supervisors and the Orange County Waste Management Commission meeting, and the resolution and/or other documentation evidencing the action by the Board of Supervisors and the Orange County Waste Commission to adjust the Contract Rate pursuant to Section 4.2(A) or (B). The record shall also include the most recent reports prepared pursuant to Sections 4.6 and
4.7. The Expedited Rate Determination shall be decided solely on the evidence in the Record, and no extrinsic evidence shall be submitted to or considered by the Court.
(6) Within ten (10) days of service by the Challenging Cities of their opening brief and the Record, the County shall file and electronically serve upon the Challenging Cities' Counsel the County's opposition brief. The opposition brief shall not exceed 15 pages in length. (7) Within five (5) days of service by the County upon the Challenging Cities of the opposition brief, the Challenging Cities may file and electronically serve upon County Counsel a reply rebuttal brief, which shall not exceed 10 pages in length.
(8) The trial of the Expedited Rate Determination shall be conducted as a law and motion hearing, similar to a hearing on a writ, which shall be conducted at the date set by the Court in connection with the ex parte application conducted pursuant to Section 4.2(J)(4), or such other date and time ordered by the Court. If the Court requests the parties to prepare supplemental briefs in response to any question or issue raised by the Court, the parties may do so.
(9) The standard of review for the Expedited Rate Determination shall be the preponderance of the evidence based upon the Record. The burden of proof shall be borne by the Challenging Cities, and the burden of proof shall be the same as with respect to a plaintiff in a damages action for breach of contract. Both parties have participated in the drafting of this Agreement. Accordingly, nothing set forth in this Agreement shall be interpreted or construed for or against either of the parties as a consequence of their participation in the drafting of this Agreement.
(10) The Court shall be advised that the Parties request that it issue a written statement of decision and enter judgment within thirty (30) days of the date of the hearing in the Expedited Rate Determination, although the Parties recognize that the Court has discretion to act as it deems appropriate in accord with applicable laws in connection with the timing thereof.
(11) If the Court determines that any portion of the County's adjusted Contract Rate which is the subject of the Expedited Rate Determination was improperly imposed, the County shall, within thirty (30) days of the date of the statement of decision, reimburse to the City the amount improperly imposed, together with interest calculated at the Overdue Rate. If agreed by the Parties, as an alternative such reimbursement may be made in the form of a reduction in the Contract Rate for a future period (not to exceed twelve (12) months), applied in a manner such that it provides full reimbursement of the amounts described above (including the Overdue Rate, to be applied consistent with provisions of Section 7.14 hereof.)
(12) In the event that the Court does not sign the order contained in the Expedited Rate Determination Stipulation and set the matter for disposition as contemplated herein, the County and the Challenging 407
Cities shall, within twenty (20) days following the issuance of the Court's order or decision not to do so and thereby honor the parties' stipulation, make application to the Orange County Superior Court for an expedited hearing or trial date. The Challenging Cities and the County shall be bound by all of the requirements and restrictions set forth in Section 4.2(J) that are not in conflict with this paragraph (12). In this regard, and without limiting the foregoing, the only evidence to be presented at the hearing or trial shall be the Record, no testimony shall be presented at the hearing or trial; and both the County and the Challenging Cities waive all rights to a jury trial, to any reconsideration of the decision of the Court, to a new trial after the Court renders a decision, and to any appeal or review of the decision of the Court.
SECTION 4.3 RESPONSIBILITY FOR PAYMENT OF THE CONTRACT RATE, AND OTHER AMOUNTS DUE.
(A) Payment bv City. In the event and to the extent (1) the City uses municipal collection forces directly for the haulage of Controllable Waste to the Waste Infrastructure System or (2) the City uses non -municipal Franchise Haulers for collection but nonetheless elects to pay the Contract Rate and other amounts due from City revenues, the City, as its own Franchise Hauler, shall have direct responsibility for payment of the Contract Rate and other amounts due, and shall take all such budgetary, appropriation and other action as may be necessary to provide for the timely payment of the Contract Rate and other amounts due. Such action may include, depending upon the means authorized by the City to provide for such payment, the levy and collection of general or special taxes, the imposition of benefit assessments, or the collection of user fees, generator charges or other similar impositions for municipal solid waste disposal. The City shall use best efforts in accordance with Applicable Law to levy and impose all such taxes, assessments, fees or charges, and will take all steps, actions and proceedings for the enforcement, collection and payment of all such amounts which shall become delinquent, to the full extent permitted by Applicable Law.
(B) Payment bv Franchise Haulers. With respect to Controllable Waste delivered by Franchise Haulers on behalf of City other than City municipal collection forces, the obligation to pay the Contract Rate and other amounts due shall rest with such Franchise Haulers. Franchise Hauler shall pay the Contract Rate or other amounts due or any portion thereof when due. In the event of any such failure by Hauler, the County and the City shall cooperate with each other and use their best efforts to obtain timely payment from Franchise Hauler. Such efforts by the County may include, as appropriate, requiring cash payments for disposal rights from such Franchise Hauler and bringing a legal proceeding for payment and damages. Such efforts by the City may include, as appropriate, legal proceedings to suspend, revoke or terminate the Franchise Hauler's franchise, permit or license rights. (C) Disputes. If the City or the Franchise Hauler disputes any amount billed by the County in any Billing Statement, the City or the Franchise Hauler shall nonetheless pay the billed amount and shall provide the County with written objection within thirty (30) days of the receipt of such Billing Statement indicating the amount that is being disputed and providing all reasons then known to the City or the Franchise Hauler for any objection to or disagreement with such amount. If the City or the Franchise Hauler and the County are not able to resolve such dispute within thirty (30) days after the City's or the Franchise Hauler's objection, either party may pursue appropriate legal remedies.
SECTION 4.4 BILLING OF THE CONTRACT RATE OR OTHER AMOUNTS DUE. The County shall continue to bill Contract Rates and other amounts due after the Commencement Date, in the same manner as it has customarily billed tipping fees. Subject to the other provisions of this Agreement, the County shall have the right to modify or amend such manner of billing on reasonable notice to affected parties.
SECTION 4.5 RESTRICTED RESERVES. For purposes of this Agreement, "Restricted Reserves" means cash and other reserves of the Waste Infrastructure System which are restricted to specific uses or are otherwise being reserved by the County to meet its obligations hereunder throughout the term of the Agreement with respect to the Waste Infrastructure System pursuant to any Applicable Law, contract, adopted budget, budgetary policy of the County with respect to the Waste Infrastructure System, or other arrangement. Such cash and other reserves are not required to be deposited in separate accounts or funds in order to constitute "Restricted Reserves" hereunder, and may be commingled with Unrestricted Reserves or other funds of the County attributable to the Waste Infrastructure System. "Restricted Reserves" shall include, but not be limited to, the following:
(i)
required by Applicable Law;
reserves for closure of components of the Waste Infrastructure System to the extent 408
(ii) amounts reserved by the County for funding of post closure maintenance and monitoring with respect to components of the Waste Infrastructure System; (iii) reserves established to protect the Waste Infrastructure System against the adverse financial impact of potential decreases in waste deliveries pursuant to Section 4.2(B); (iv) amounts reserved to pay the costs of capital improvements with respect to the Waste Infrastructure System;
(v) amounts funded from revenues during the early years of the term of the Agreement reserved to enable the County to provide disposal services for the Contract Rate during the later years of the Agreement; (vi) amounts temporarily held by the County prior to payment to the State or other Governmental Bodies pursuant to Applicable Law (including any fees or charges payable to CalRecycle); (vii) reserves required to meet bond covenants pursuant to financing agreements for Waste Infrastructure System assets to the extent such amounts must be legally separate and distinct from other reserves identified in this Section;
(viii) security deposits from landfill deferred payment program users; (ix) amounts held by the County in the Environmental Fund (provided, however, that such amounts in the Environmental Fund will be made available and used by the County if required to pay costs relating to environmental remediation or other related costs);
(x) AB 939 surcharges;
(xi) amounts held by the County in the Corrective Action Fund held pursuant to CCR Title 27 to demonstrate financial assurance to pay for potential groundwater contamination; and (xii) an amount equal to three (3) months of budgeted expenses for the Disposal System for the current fiscal year, representing working capital of the Disposal System.
SECTION 4.6 AUDITED FINANCIAL STATEMENTS. The County shall annually, on or before January 1 each year, prepare or cause to be prepared and have on file for inspection an annual report for the preceding Contract Year, accompanied by a certificate of an independent public accountant or of the County Auditor and Controller as to the examination of the financial statements therein (describing such statements as fairly presenting the information therein in conformity with generally accepted accounting principles) relating to the Waste Infrastructure System, services, and the fiscal activities of the OC Waste Disposal Enterprise Fund, and including statements in reasonable detail of the financial condition of the OC Waste Disposal Enterprise Fund as of the end of the Contract Year and revenue and expenses for the Contract Year.
SECTION 4.7 ANNUAL UPDATE OF TEN-YEAR FINANCIAL PROJECTION. The County shall annually, on or before May 1 of each year, prepare or cause to be prepared, an updated Ten -Year Financial Projection for the Waste Infrastructure System. Said Financial Projection shall include at least two full years of prior actual data and ten years of future projections including the following elements:
1. County Acceptable Waste, in tons;
2. Imported Acceptable Waste, in tons;
3. Revenues and expenditures;
4. Cash fund balances, including all monies in the County Solid Waste Enterprise Fund, with specific delineation of monies in the Environmental Fund, Restricted Reserves, Unrestricted Reserves, and all other funds of the System; and
5. Projected liabilities for closure and post closure as well as reasonable reserves for 409
other environmental costs.
The purpose of the Ten -Year Financial Projection is to keep the City fully informed about the future financial condition of the Waste Infrastructure System. The County shall cause a copy of the Ten -Year Financial Projection to be delivered to the City Manager/General Manager of the City no later than May 1 of each year. Upon request, the County shall make available to the Cities supporting information related to the ten-year financial projection Within thirty (30) calendar days of finalizing each annual update of the Ten -Year Projection, County shall transmit the Ten -Year Projection via email to the City and OCCMA. If requested by the City or OCCMA, the County shall reasonably respond to requests from the City and/or OCCMA for additional information including, but not limited to, requests to meet and discuss the updated Ten -Year Projections at the next regularly scheduled OCCMA meeting or other forum mutually agreed to by the County and OCCMA.
ARTICLE V
BREACH, ENFORCEMENT AND TERMINATION
SECTION 5.1 BREACH. The Parties agree that in the event either Party breaches any obligation under this Agreement or any representation made by either Party hereunder is untrue in any material respect, the other Party shall have the right to take any action at law or in equity (including actions for injunctive relief, mandamus and specific performance) it may have to enforce the payment of any amounts due or the performance of any obligations to be performed hereunder. Neither Party shall have the right to terminate this Agreement except as provided in Section 5.2 and Section 5.3 hereof or as otherwise provided in this Agreement.
SECTION 5.2 CITY CONVENIENCE TERMINATION. The City shall have the right to terminate this Agreement in its sole discretion, for its convenience and without cause at any time during the Term hereof upon ninety (90) days' written notice to the County. If the City exercises its rights to terminate the Agreement pursuant to this Section, the City shall pay the County a termination fee equal to the Contract Rate in effect at the time of such termination (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2) multiplied by the number of tons of City Acceptable Waste delivered to the Disposal System during the preceding twelve (12) months (or, if the City had been in breach of the Waste Disposal Covenant during such prior months, such amount as would have been delivered if the City had complied with the Waste Disposal Covenant), multiplied by the number of years remaining in the Term of the Agreement.
SECTION 5.3 TERMINATION.
(A) By City. Except as expressly provided herein, the City shall have no right to terminate this Agreement for cause except in the event of the failure or refusal by the County substantially to perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance; except that no such failure or refusal shall give the City the right to terminate this Agreement for cause under this subsection unless:
(1) The City has given prior written notice to the County stating that a specified failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the County and which will, in its opinion, give the City the right to terminate this Agreement for cause under this subsection unless such breach is corrected within a reasonable period of time, and (2) The County has neither challenged in an appropriate forum (in accordance with Section 5.5) the City's conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken steps to correct such breach within a reasonable period of time not more than ninety (90) days from the date of the notice given pursuant to clause (1) of this subsection (but if the County shall have diligently taken steps to correct such breach within such reasonable period of time, the same shall not constitute a breach giving rise to the right of termination for as long as the County is continuing to take such steps to correct such breach).
(B) By County. Except as expressly provided herein, the County shall have no right to terminate this Agreement for cause except in the event of the failure or refusal by the City or its Franchise Hauler to substantially perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance; except that no such failure or refusal shall give the County the right to terminate this Agreement for 410
cause under this subsection unless:
(1) The County has given prior written notice to the City stating that a specified failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the City and which will, in its opinion, give the County right to terminate this Agreement for cause under this subsection unless such breach is corrected within a reasonable period of time, and (2) The City has neither challenged in an appropriate forum (in accordance with Section 5.5) the County's conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken steps to correct such breach within a reasonable period of time not more than ninety (90) days from the date of the notice given pursuant to clause (1) of this subsection (but if the City shall have diligently taken steps to correct such breach within such reasonable period of time, the same shall not constitute a breach giving rise to the right of termination for as long as the City is continuing to take such steps to correct such breach).
SECTION 5.4 NO WAIVERS. No action of the County or the City pursuant to this Agreement (including, but not limited to, any investigation or payment), and no failure to act, shall constitute a waiver by either Party of the other Party's compliance with any term or provision of this Agreement. No course of dealing or delay by the County or the City in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof or otherwise prejudice such Party's rights, powers and remedies. No single or partial exercise of (or failure to exercise) any right, power or remedy of the County or the City under this Agreement shall preclude any other or further exercise thereof of the exercise of any other right, power or remedy.
ARTICLE VI
TERM
SECTION 6.1 EFFECTIVE DATE AND TERM.
(A) Initial Term. This Agreement shall become effective, shall be in full force and effect and shall be legally binding upon the City and the County from the Contract Date and shall continue in full force and effect until June 30, 2036, unless earlier terminated in accordance with its terms, in which event the Term shall be deemed to have expired as of the date of such termination.
(B) Option to Renew. This Agreement shall be subject to renewal by mutual agreement of the Parties, on or before June 30, 2036 for an additional term of ten (10) years (the "Renewal Term") on the same terms and conditions as are applicable during the Initial Term hereof or on amended terms as may be mutually agreed to by the Parties. The City shall give the County written notice of its election to renew this Agreement on or before June 30, 2035. If the parties do not execute a renewal of this Agreement prior to June 30, 2036 it shall expire. (C) Contract Rate During Renewal Term. In connection with the parties' right to renew this Agreement for an additional ten-year term pursuant to Section 6.1(C), the parties shall, on or before January 31, 2036 negotiate an applicable change in the Contract Rate for such renewal term. In determining any revisions to the Contract Rate to be applicable during any renewal period, in addition to the circumstances described in Section 4.2(A), the parties may take into consideration the following parameters, including but not limited to:
(i) actual cost of operations;
(ii) population growth;
(iii) increase or decrease in available tonnage;
(iv) economic and disposal market conditions in the Southern California region; (v) new regulatory requirements;
(vi) Changes in Law;
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(vii) changes in transportation and technology;
(viii) closure and expansion of nearby landfills;
(ix) capacity of the Disposal System;
(x) provision of new and/or expanded services; and
(xi) available reserves which are in excess of the amount reasonably required as reserves.
(D) Survival; Accrued Rights. The rights and obligations of the parties hereto pursuant to Sections 3.1(E)(2), 5.1, 5.3, 7.2, 7.3, 7.6, 7.7, 7.8, and 7.9 hereof shall survive the termination or expiration of this Agreement, and no such termination or expiration shall limit or otherwise affect the respective rights and obligations of the parties hereto accrued prior to the date of such termination or expiration. At the end of the Term of this Agreement, all other obligations of the parties shall terminate.
SECTION 6.2 COMMENCEMENT DATE.
(A) Obligations of the Parties Prior to the Commencement Date. The Parties acknowledge that the Agreements may be executed and delivered on different dates and that, except as provided in this subsection, neither the County nor the City shall be obligated to perform its obligations hereunder until the Participation Threshold provided herein has been met and the other conditions to the occurrence of the Commencement Date have occurred.
Prior to the Commencement Date, each Party hereto shall at its own expense exercise good faith and due diligence and take all steps within its reasonable control in seeking to satisfy the conditions to the Commencement Date set forth herein as soon as reasonably practicable. The County and the City, each at its own expense, shall cooperate fully with each other and the other Participating Cities in connection with the foregoing undertaking. Until the Commencement Date occurs, the Original WDAs shall remain in full force and effect until they expire or are terminated. (B) Condition to the Commencement Date. The Commencement Date for the Agreement shall be the date on which Participating Cities reach the Participation Threshold. Unincorporated County is assumed to be a Participating City for the purposes of determining the Commencement Date in accordance with this Section 6.2(b) and Appendix 1 of this Agreement.
(C) Satisfaction of Condition and Commencement Date. Upon the satisfaction or waiver of the condition to the Commencement Date, the County shall give written notice thereof to the Cities which have theretofore executed Agreements. The parties shall thereupon hold a formal closing acknowledging the satisfaction or waiver of the condition to the Commencement Date, certifying that the Commencement Date has occurred and designating the Participating Cities. Copies of all of the documents or instruments constituting or evidencing satisfaction of the Commencement Date conditions shall be furnished to each party prior to or on the Commencement Date. (D) Newly Incorporated Cities. Any city within Orange County which becomes incorporated after the Commencement Date shall upon request be offered the opportunity by the County to become a Participating City on substantially the same terms and conditions as this Agreement. (E) Failure of Condition. If by June 30, 2026, or such later date as the County may agree, the condition to the Commencement Date specified in this Section is not satisfied, either party hereto may, by notice in writing to the other party, terminate this Agreement. Neither party shall be liable to the other for the termination of this Agreement pursuant to this subsection, and each of the parties shall bear its respective costs and expenses incurred in seeking to satisfy the condition to the Commencement Date.
ARTICLE VII
GENERAL PROVISIONS
SECTION 7.1 OPERATION AND MAINTENANCE OF THE WASTE INFRASTRUCTURE SYSTEM.
The County, at its cost and expense through the County Solid Waste Enterprise Fund, shall at all times operate, or caused to be operated, the Waste Infrastructure System in accordance with Applicable Law and the operating rules and regulations of the Department and other applicable regulatory agencies. 412
SECTION 7.2 UNCONTROLLABLE CIRCUMSTANCES GENERALLY.
(A) Performance Excused. Except as otherwise specifically provided in this Agreement, neither the County nor the City shall be liable to the other for any failure or delay in the performance of any obligation under this Agreement (other than any payment at the time due and owing) to the extent such failure or delay is due to the occurrence of an Uncontrollable Circumstance.
(B) Notice, Mitigation. The Party experiencing an Uncontrollable Circumstance shall notify the other Party by telecommunication or telephone and in writing, on or promptly after the date the Party experiencing such Uncontrollable Circumstance first knew of the commencement thereof, followed within fifteen (15) days by a written description of (1) the Uncontrollable Circumstance and the cause thereof (to the extent known), (2) the date the Uncontrollable Circumstance began and the cause thereof, its estimated duration, the estimated time during which the performance of such Party's obligations hereunder will be delayed, (3) the estimated amount, if any, by which the Contract Rate may need to be adjusted as a result of such Uncontrollable Circumstance, (4) its estimated impact on the other obligations of such Party under this Agreement and (5) potential mitigating actions which might be taken by the County or City and any areas where costs might be reduced and the approximate amount of such cost reductions. Each Party shall provide prompt written notice of the cessation of such Uncontrollable Circumstance. Whenever such act, event or condition shall occur, the Party claiming to be adversely affected thereby shall, as promptly as reasonably possible, use its best efforts to eliminate the cause therefor, reduce costs and resume performance under this Agreement. In addition, with respect to Changes in Law, the County shall diligently contest any such changes the imposition of which would have a material adverse impact on the Waste Infrastructure System. While the delay continues, the County or City shall give notice to the other Party, before the first day of each succeeding month, updating the information previously submitted.
(C) Impact on Contract Rate. If and to the extent that Uncontrollable Circumstances interfere with, delay or increase the cost to the County of meeting its obligations hereunder and providing Waste Infrastructure Services to the Participating Cities in accordance herewith, the County shall be entitled to an increase in the Contract Rate as provided in Section 4.2 herein or an extension in the schedule for performance equal to the amount of the increased cost or the time lost as a result thereof. The proceeds of any insurance available to meet any such increased cost shall be applied to such purpose prior to any determination of cost increases payable under this subsection. Any cost reductions achieved through the mitigating measures undertaken by the County pursuant to subsection 7.2(B) hereof upon the occurrence of an Uncontrollable Circumstance shall be reflected in a reduction of the amount by which the Contract Rate would have otherwise been increased or shall serve to reduce the Contract Rate to reflect such mitigation measures, as applicable.
SECTION 7.3 INDEMNIFICATION. To the extent permitted by law, the County agrees that, it will protect, indemnify, defend (with counsel selected by County) and hold harmless the City from and against all Loss -and - Expense arising from the City's activity as an "arranger" (for purposes of and as such term is defined under CERCLA or comparable State statutes) of municipal solid waste disposal pursuant to this Agreement. In the event the City shall determine for any reason, other than a disabling conflict of interest, that it wishes to be defended by legal counsel other than the legal counsel provided by the County, the cost of providing such legal counsel shall be the City's sole responsibility. Any costs incurred by the County pursuant to this Section shall be considered an Uncontrollable Circumstance cost and the County shall be entitled to adjust the Contract Rate as provided in subsection 4.2(A) herein.
The County shall not, however, be required to indemnify or defend the City from and against all Loss -and -Expense arising from any willful, knowing, illegal or negligent disposal of hazardous waste (other than incidental amounts of Household Hazardous Waste commonly found in municipal solid waste and permitted to be disposed in Class III landfills under RCRA) which violates the County's landfill permits or Applicable Law. The parties agree that this provision constitutes an indemnity under CERCLA (to the extent of the specific provisions of this Section). The parties acknowledge that this subsection is not intended to and does not create any obligation on the part of the County to provide any indemnification or defense to any Franchise Hauler, whether franchised or not, or any Independent Hauler or Transfer Station, under any circumstances. The City acknowledges the County's legitimate interest in actively participating in any defense, litigation or settlement, whether the County or the City provides legal counsel and shall, as a condition to County's provision of this indemnity, coordinate and cooperate fully with the County in the defense of any claims to which this Section applies.
SECTION 7.4 RELATIONSHIP OF THE PARTIES. Neither party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations or liabilities assumed by the 413
other party hereto, whether accrued, absolute, contingent or otherwise, or whether due or to become due. The County is an independent contractor of the City and nothing in this Agreement shall be deemed to constitute either party a partner, agent or legal representative of the other party or to create any fiduciary relationship between the parties.
SECTION 7.5 LIMITED RECOURSE.
(A) To the City. No recourse shall be had to the general funds or general credit of the City for the payment of any amount due the County hereunder, or the performance of any obligation incurred hereunder, including any Loss -and -Expense of any nature arising from the performance or non-performance of the City's obligations hereunder. If the City maintains a City Solid Waste Enterprise Fund with at least one year's anticipated costs for disposal and processing of City Acceptable Waste the sole recourse of the County for all such amounts shall be to the funds held in any such City Solid Waste Enterprise Fund. All amounts held in any City Solid Waste Enterprise Fund shall be held for the uses permitted and required thereby, and no such amounts shall constitute property of the County. The City shall make adequate provision in the administration of any City Solid Waste Enterprise Fund for the payment of any amount or the performance of any obligation which may be due hereunder. (B) To the County. No recourse shall be had to the general funds or general credit of the County for the payment of any amount due the City hereunder, or the performance of any obligation incurred hereunder, including any Loss -and -Expense of any nature arising from the performance or non-performance of the County's obligations hereunder. The sole recourse of the City for all such amounts shall be to the funds held in the County Solid Waste Enterprise Fund in accordance with the terms of this Agreement. All amounts held in the County Solid Waste Enterprise Fund shall be held for the uses permitted and required thereby, and no such amounts shall constitute property of the City. The County shall make adequate provision in the administration of the County Solid Waste Enterprise Fund for the payment of any amount or the performance of any obligation which may be due hereunder.
SECTION 7.6 PRE-EXISTING RIGHTS AND LIABILITIES. Nothing in this Agreement is intended to affect, release, waive or modify any rights, obligations or liabilities which any Party hereto may have to or against the other Party as of the Contract Date relating to the receipt of Acceptable Waste in the Waste Infrastructure System or any other related matter.
SECTION 7.7 NO VESTED RIGHTS. The City shall not acquire any vested property, license or other rights in the Waste Infrastructure System by reason of this Agreement.
SECTION 7.8 LIABILITY FOR COLLECTION. TRANSPORTATION AND PROCESSING. Any liability incurred by the City as a result of collecting, transporting or processing of Acceptable Waste, or as a result of causing, franchising, permitting, licensing, authorizing or arranging any of the foregoing, shall be the sole liability of City, except as expressly otherwise provided herein.
SECTION 7.9 NO CONSEQUENTIAL OR PUNITIVE DAMAGES. In no event shall either Party hereto be liable to the other or obligated in any manner to pay to the other any special, incidental, consequential, punitive or similar damages based upon claims arising out of or in connection with the performance or non- performance of its obligations or otherwise under this Agreement, or the material inaccuracy of any representation made in this Agreement, whether such claims are based upon contract, tort, negligence, warranty or other legal theory.
SECTION 7.10 AMENDMENTS. Neither this Agreement nor any provision hereof may be changed, modified, amended or waived except by written agreement duly authorized and executed by both Parties.
SECTION 7.11 NOTICE OF LITIGATION. Each Party shall deliver written notice to the other of any Legal Proceeding to which it is a party and which questions the validity or enforceability of this Agreement executed by the City or the County or any Legal Entitlement issued in connection herewith.
SECTION 7.12 FURTHER ASSURANCES. At any and all times the City and the County so far as may be authorized by law shall pass, make, do, execute, acknowledge and deliver any and every such further resolutions, acts, deeds, conveyances, instruments, assignments, transfers and assurances as may be necessary or reasonably requested by the other in order to give full effect to this Agreement.
SECTION 7.13 ASSIGNMENT OF AGREEMENT.
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(A) Assignment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either Party hereto without the prior written consent of the other Party, which may be withheld in the other Party's sole discretion. Notwithstanding the foregoing, either Party may assign this Agreement to another public entity, subject to the reasonable consent of the other party. In such circumstances the Party not requesting the assignment shall have the right to demand assurances of the financial, technical and legal ability of the proposed assignee to undertake the responsibilities and obligations of the assigning Party. (B) Sale. The County shall not enter into any agreement for the sale of the Waste Infrastructure System which provides for an effective date for such sale prior to the termination of this Agreement.
SECTION 7.14 INTEREST ON OVERDUE OBLIGATIONS. Except as otherwise provided herein, all amounts due hereunder, whether as damages, credits, revenue or reimbursements, that are not paid when due shall bear interest at the Overdue Rate on the amount outstanding from time to time, on the basis of a 365 -day year, counting the actual number of days elapsed, and all such interest accrued at any time shall, to the extent permitted by Applicable Law, be deemed added to the amount due, as accrued.
SECTION 7.15 BINDING EFFECT. This Agreement shall bind and inure to the benefit of the Parties hereto and any successor or assignee acquiring an interest hereunder consistent with the provisions of Section 7.13 hereof.
SECTION 7.16 NOTICES. Any notice or communication required or permitted hereunder shall be in writing and sufficiently given if delivered in person or sent by certified or registered mail, postage prepaid, to the notice address of the respective Parties set forth on the cover page of this Agreement. Changes in the respective addresses to which such notices may be directed may be made from time to time by any Party by notice to the other Party.
Section 7.17 ATTORNEYS FEES. In any action or proceeding to enforce or interpret any provision of this Agreement, each Party shall bear their own attorney's fees, costs and expenses.
Signature Page to Follow
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IN WITNESS WHEREOF, COUNTY and CITY have caused this Agreement to be executed by their duly authorized officers or representatives as of the day and year first above written.
COUNTY OF ORANGE
Date By
APPROVED AS TO FORM:
COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By
Date
Director, OC Waste & Recycling
CITY OF PLACENTIA
Date By
Jennifer Lampman
City Administrator
City of Placentia
APPROVED AS TO FORM:
By
City Attorney
Date
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APPENDIX 1
ESTIMATED ANNUAL TONNAGE
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APPENDIX 1
PERCENTAGE OF COUNTY ACCEPTABLE WASTE ATTRIBUTABLE TO PARTICIPATING CITIES FOR PURPOSE OF SECTIONS 3.6(F) AND 6.2(b)
Jurisdiction
Percentage of County
Acceptable Waste
Aliso Viejo 0.82%
Anaheim 14.78%
Brea 2.62%
Buena Park 1.02%
Costa Mesa/Costa Mesa Sanitary District (2) 3.41%
Cypress 0.85%
Dana Point 1.33%
Fountain Valley 1.63%
Fullerton 4.08%
Garden Grove Sanitary District (Garden Grove) 4.74%
Huntington Beach 5.91%
Irvine 9.64%
La Habra 1.72%
La Palma 1.27%
Laguna Beach 1.18%
Laguna Hills 0.89%
Laguna Niguel 1.44%
Laguna Woods 0.28%
Lake Forest 2.14%
Los Alamitos 0.33%
Midway City Sanitary District (Westminster) 2.47%
Mission Viejo 2.33%
Newport Beach 3.58%
Orange 5.25%
Placentia 1.39%
Rancho Santa Margarita 1.03%
San Clemente 2.43%
San Juan Capistrano 2.93%
Santa Ana 9.45%
Seal Beach 0.52%
Stanton 1.47%
Tustin 2.04%
Unincorporated Orange County (1) 3.19%
Villa Park 0.16%
Yorba Linda 1.68%
Total 100%
(1) Unincorporated County Area is assumed to be a Participating City for the purposes of determining the Commencement Date in accordance with Section 6.2(b) of this Agreement. For the distribution of Net Import Revenues, the County of Orange shall receive 50% of any Net Import Revenues received in accordance with Section 3.6(F)(2)(i) of this Agreement. The County of Orange shall also receive the Unincorporated Area distribution set forth in this Appendix 1, as periodically modified in accordance with Section 3.6(F)(2)(ii) of this Agreement. (2) The City of Costa Mesa and the Costa Mesa Sanitation District have separate WISE Agreements. Costa Mesa Sanitation District Acceptable Waste tonnage is based on City of Costa Mesa Acceptable Wate tonnage and Importation Revenue is calculated based on City of Costa Mesa Acceptable Waste tonnage delivered to the Waste Infrastructure System. 418
(3) NOTE: A participating City will only be included for purposes of determining the Commencement Date upon (i) execution of a WISE Agreement by that Participating City and (ii) execution of a Hauler Acknowledgement(s) by the Franchise Hauler(s) operating within such Participating City.
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APPENDIX 2
CUMULATIVE TONNAGE
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APPENDIX 2
Cumulative County Acceptable Waste Tonnage Target to be Used for Purposes of Section 4.2(B)
Fiscal Year
County Acceptable Waste Cumulative County Acceptable
(Ending June 30) Tonnage Waste Tonnage
2026 3,343,282 3,343,282
2027 3,278,595 6,621,877
2028 3,029,924 9,651,801
2029 2,982,454 12,634,255
2030 2,411,983 15,046,238
2031 2,261,201 17,307,439
2032 2,225,152 19,532,591
2033 2,181,838 21,714,429
2034 2,187,041 23,901,470
2035 2,219,362 26,120,832
2036 2,224,792 28,345,624
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APPENDIX 3
CUMULATIVE CAPITAL COSTS
422
APPENDIX 3
CUMULATIVE CAPITAL COSTS
to be Used
for Purposes of Section 4.2(A)vi
Fiscal Year Annual Capital Costs Cumulative Capital Costs (Ending June 30)
2026 $72,599,664 $72,599,664
2027 $79,950,000 $152,549,664
2028 $155,135,000 $307,684,664
2029 $136,185,000 $443,869,664
2030 $41,171,500 $485,041,164
2031 $16,745,000 $501,786,164
2032 $18,165,000 $519,951,164
2033 $36,605,000 $556,556,164
2034 $30,100,000 $586,656,164
2035 $1,510,000 $588,166,164
2036 $25,000,000 $613,166,164
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APPENDIX 4
FRANCHISE HAULER ACKNOWLEDGMENT
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FRANCHISE HAULER ACKNOWLEDGMENT
THIS FRANCHISE HAULER ACKNOWLEDGMENT, dated as of (the "Acknowledgment"), and between the (the "City") and (the "Franchise Hauler").
WITNESSETH
WHEREAS, the City and the Franchise Hauler have heretofore entered into an agreement entitled dated as of (the "Franchise"); and
WHEREAS, the City has issued to the Franchise Hauler a permit, license, approval or other authorization the "Authorization") which allows the Franchise Hauler to provide solid waste collection services within the City; and WHEREAS, the Franchise [SUBSTITUTE "AUTHORIZATION" THROUGHOUT IF APPLICABLE]] provides for the collection and disposal of certain municipal solid waste as described therein ("Franchise Waste") generated within the City; and
WHEREAS, the County of Orange (the "County") owns, manages and operates a Waste Infrastructure System that is permitted to accept or process Acceptable Waste for disposal or diversion; and WHEREAS, the City and the County have heretofore entered into a Waste Infrastructure System Enterprise Agreement (the "WISE Agreement"), dated as of ; and
WHEREAS, the WISE Agreement details responsibilities for disposal of municipal solid waste and may include processing of identified Organic Waste for diversion, generated within the boundaries of the City, and determine that the execution of the WISE Agreement will serve the public health, safety and welfare of the residents of the City and County, by maintaining public ownership and stewardship over the Waste Infrastructure System and providing disposal rate stability, predictable and reliable long-term disposal service, enhanced organics processing to assist the City in meeting its organics diversion requirements, and the continuation of sound environmental management; and WHEREAS, under the WISE Agreement, the County has agreed to provide long-term disposal of all municipal solid waste generated within the City and may also provide for Organic Waste processing under an OSA and the City has agreed to exercise all legal, and contractual power which it possesses from time to time to deliver or cause the delivery of such waste to the Waste Infrastructure System; and WHEREAS, the provisions of the WISE Agreement guarantee capacity for the long term disposal and processing of waste at specified rates generated in the City provide significant benefits to the Franchise Hauler; WHEREAS, notwithstanding any Franchise provisions to the contrary, the Franchise Hauler explicitly acknowledges the aforementioned benefits to the City, the County and the Franchise Hauler in providing for the disposal of all Franchise Waste to the Waste Infrastructure System; and WHEREAS, the City and the Franchise Hauler desire to enter into this Acknowledgment to assure that the City and the Franchise Hauler will be entitled to the benefits of the WISE Agreement and to assure conformity with the waste delivery obligations which have been agreed to by the City under the WISE Agreement through the delivery of waste by the Franchise Hauler to the Waste Infrastructure System; and WHEREAS, the Franchise Hauler's agreement to deliver Franchise Waste to the Disposal System under this Acknowledgment is given in consideration of the Franchise Hauler's right to receive the Contract Rate for such disposal and processing as provided in the WISE Agreement.
NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows:
1. Capitalized terms used and not otherwise defined herein are used as defined in the WISE Agreement.
2. The Franchise Hauler hereby waives any right which it may possess under applicable law to contest 425
on any ground, constitutional, statutory, case law, administrative or otherwise, (a) the right, power or authority of the County or the City to enter into or perform their respective obligations under the WISE Agreement, (b) the enforceability against the County or the City of the WISE Agreement, or (c) the right, power or authority of the City to deliver or cause the delivery of all Controllable Waste to the Disposal System in accordance with this Acknowledgment.
3. The City and the Franchise Hauler each hereby represent that this Acknowledgment has been duly authorized by all necessary action of their respective governing bodies.
4. The Franchise Hauler shall deliver or cause to be delivered all Controllable Waste (including all Residue from the processing by any means, wherever conducted, of Controllable Waste), to the Designated Facility in the Waste Infrastructure System/Disposal System, and shall otherwise assist the City in complying with its obligations under the Waste Disposal Covenant in Section 3.1 of the WISE Agreement.
5. Unless expressly authorized by the Department, the Franchise Hauler shall only haul Controllable Waste to the Designated Facility.
6. The Franchise Hauler shall not haul Controllable Waste to any materials recovery facility, composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or management facility unless the contract or other agreement or arrangement between the Franchise Hauler and the operator of such facility is sufficient in the opinion of the County to assure that the Residue from such facility constituting City Acceptable Waste (or Tonnage equivalencies) and the City Acceptable Waste transferred by such facility shall be delivered to the Disposal System in compliance with the Waste Disposal Covenant.
7. The Franchise Hauler shall pay the Contract Rate imposed by the County for the disposal of all Controllable Waste, which rate shall be subject to potential adjustment necessary to reflect the circumstances set forth in the Agreement.
8. Nothing in this Acknowledgment is intended to restrict any right or responsibility explicitly given the Franchise Hauler in any City Franchise Agreement to recycle City Acceptable Waste, except as provided in paragraph 5 above with respect to Residue from any such recycling operations.
9. The obligations of the Franchise Hauler under this Acknowledgment shall apply notwithstanding any provision of the Franchise which may conflict herewith.
10. This Acknowledgment may be enforced by the City by any available legal means. In any enforcement action by the City, the burden of proof shall be on the Franchise Hauler to demonstrate compliance herewith.
11. This Acknowledgment shall be in full force and effect and shall be legally binding upon the City and Franchise Hauler from the date hereof and shall continue in full force and effect until the earlier of (i) the end of the term of the Franchise or (ii) the end of the Term of the WISE Agreement.
12. The City and Franchise Hauler agree that the County shall be an express third -party beneficiary of this Acknowledgment, and shall be entitled to independently enforce the obligations of the Franchise Hauler hereunder.
There shall be no additional third party beneficiaries under this Acknowledgement.
13. The Franchise Hauler agrees to assist the County in verifying tonnage collected by the Franchise Hauler and providing information required by the County. The Franchise Hauler will provide upon request refuse tonnage collected within the County, and outside the County (if relevant to confirming tonnage origination), separated by jurisdiction, by load type (residential, commercial, roll -off box, etc.), and by facility to which it was delivered (specify which landfill or transfer station). Hauler will provide customer service levels and route lists. The Franchise Hauler will cooperate with County audits to verify reported origin of tonnage by making records and personnel available to the County and/or its auditors.
IN WITNESS WHEREOF, the parties have caused this Acknowledgment to be executed by their duly authorized officers or representatives as of day of
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APPROVED AS TO FORM:
By
City Attorney
Date
Signature:
Printed Name:
Title:
(Franchise Hauler)
Signature:
Printed Name:
Title:
427
Appendix 5
ORGANIC SERVICES AGREEMENT
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Appendix 5
ORGANIC SERVICES AGREEMENT
Between
THE COUNTY OF ORANGE, CALIFORNIA
and
Dated , 2025
County Authorization Date: City Authorization Date:
County Notice Address: City Notice Address:
Director
OC Waste & Recycling
601 N. Ross Street 5th Floor
Santa Ana, CA 92701
THE CITY WILL NOT BE EXERCISING THE ORGANIC SERVICES PORTION OF THE WISE AGREEMENT 429
ORGANIC SERVICES AGREEMENT
THIS ORGANIC SERVICES AGREEMENT ("Organics Agreement" or "OSA") is made and dated as of the date indicated on the cover page hereof between the County of Orange, a political subdivision of the State of California (the "County"), and the City designated on the cover page of this Agreement (the "City"). County and City may hereinafter be referred to singularly as "Party" or collectively as "Parties.".
RECITALS
The County owns, manages and operates a Waste Infrastructure System to manage municipal and solid waste generated within the County of Orange or imported from outside the County pursuant to contractual agreements. The Waste Infrastructure System collectively includes active Class III sanitary landfills ("County Landfills"), resource recovery, recycling and organics programs, infrastructure and operations, and regional household hazardous waste collection centers and other waste management related systems as may be deemed necessary by the County.
County Landfills are used for the management of municipal solid waste pursuant to legislation including but not limited to the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code) (the "Act") and the Short-lived Climate Pollutants Reduction Act ("SB 1383"). County Landfills are also subject to other State and federal regulations designed to ensure that landfill operations minimize the impacts to public health and safety and the environment.
Pursuant to Resolution, the County established the Waste Management Enterprise Fund pursuant to Government Code §25261 to ensure that all costs associated with the operation and management of the Waste Infrastructure System are financed by charges imposed for services provided by the Department and are not funded by tax revenue or the County General Fund.
The City, in the exercise of its police power, its powers under the Act, and other Applicable Law, has entered into a franchise or other agreement with or issued permits or licenses to one or more private haulers for the collection, recycling, diversion and disposal of municipal solid waste generated within the City.
A significant portion of municipal solid waste generated within the City historically has been and currently is delivered by such hauler or haulers to the County for disposal in the Disposal System.
Since 1997, the City and the County have provided for the management of municipal solid waste through Waste Disposal Agreements ("WDAs"), wherein the County agreed to provide disposal capacity for waste generated in the City, and the City agreed to deliver or cause the delivery of waste generated in the City to the Disposal System, as more specifically set forth in, and subject to the terms and conditions of the WDAs.
Starting in approximately 2014, the Legislature of the State of California passed several pieces of legislation ("Organics Legislation") that require significant reductions in the disposal of Organic Waste. The purpose of the Organics Legislation is to mandate organics recycling and curtail the impacts of climate change by reducing greenhouse gas emissions such as methane. In this regard, the decomposition of organic material in the State's landfills was identified as a significant source of methane that could be reduced.
Prior to the passage of Organics Legislation, Processed Green Material ("PGM") could be utilized as Alternative Daily Cover ("ADC") for landfill operations and qualified for diversion credit. However, passage of Assembly Bill 1594 resulted in PGM used as ADC no longer being eligible for diversion credit starting on January 1, 2020.
In addition to the loss of diversion eligibility for PGM used as ADC, SB 1383 requires a 50% reduction in the disposal of Organic Waste by January 1, 2020 and a 75% reduction of Organic Waste by January 1, 2025. In addition, the law requires 20% of edible food waste be recovered by 2025.
On April 23, 2019, the Orange County Board of Supervisors passed Resolution 19-031 to respond to the State's increasing landfill diversion requirements and identified the need for additional organic processing infrastructure in the County and directed the Department to develop additional organics recycling infrastructure to 430
support the region in meeting State organic recycling mandates. (See Attachment 4) To respond to Organics Legislation requirements, the County has developed an Organics Infrastructure that is comprised of organic processing facilities to receive and process Organic Waste to support the State's Organic Legislation goals, promote local recycling, assist local jurisdictions in meeting their organic diversion requirements and correspondingly conserve capacity in the Disposal System.
In their effort to continue the concepts and purposes outlined in the WDAs and respond to Organics Legislation, the City and the County desire to enter into this Organics Agreement, on the terms and conditions set forth herein.
With the exception of the terms and organic specific provisions found in this Organics Agreement, the Parties intend that the provisions of the currently operative WDA and the replacement WISE Agreement that is being negotiated between the County and City are anticipated to become operative on July 1, 2026, be applied to this OSA.
The City has determined that the execution of this Organics Agreement by the City will serve the public health, safety and welfare of the City by providing enhanced organics processing to assist in the City in meeting its Organics Legislation diversion requirements, and the continuation of sound environmental management.
The County has determined that the execution by the County of this Organics Agreement will serve the public health, safety and welfare by providing a stable, predictable and reliable supply of organic material and the resulting service payment revenue to the Organics Infrastructure, thereby enabling the County to plan, manage, operate and finance improvements to the Organics Infrastructure System on a prudent and sound long term, businesslike basis consistent with its legal and regulatory obligations to the State and Federal government.
Official action approving this Organics Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the County on the County authorization date indicated on the cover page hereof.
Official action approving this Organics Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the City on the City authorization date indicated on the cover page hereof.
It is, therefore, agreed as follows:
ARTICLE I
DEFINITIONS AND INTERPRETATION
SECTION 1.1 DEFINITIONS. The definitions provided in the WDA and yet to be executed WISE Agreement shall be incorporated into this Agreement. The following terms shall be added and have the meanings set forth below.
"Acceptable Organic Waste" means Residential Organic Waste that consists of Green Material/Wood Waste, Agricultural Material, Manure, Vegetative Food Material, Food Waste and other organic material as may be authorized under the County's Compostable Material Handling Permits. "Attachment" means an attachment to this OSA, as the same may be amended or modified from time to time in accordance with the terms hereof.
"CalRecycle" means the California Department of Resources Recycling and Recovery, which is a branch of the California Environmental Protection Agency. CalRecycle oversees the State's waste management and waste reduction programs. CalRecycle was established in 2010 to replace the California Integrated Waste Management Board and is responsible for the enforcement of legislation and regulations and diversion requirements applicable to the Waste Infrastructure System.
"City Acceptable Organic Waste" means all Acceptable Organic Waste which was originally discarded by the first generator thereof within the geographical limits of the City and Residue Waste from the foregoing wherever produced, whether withing or outside the City.
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"City Organic Tonnage Limit" the maximum amount of Controllable Organic Waste that County is committed to accept under the Organic Service Covenant as provided in Attachment 3. "Commencement Date" means the date on which the obligations of the parties hereto commence. "Contract Date" means the first date on which this OSA has been executed by both parties hereto. "Controllable Organic Waste" means all City Acceptable Organic Waste with respect to which the City has the legal or contractual ability to determine the processing location and procurement requirements as they relate to the City's Organics Legislation compliance requirements.
"Consumer Price Index" or "CPI" means the Consumer Price Index published by the Bureau of Labor Statistics for Al Urban Consumers: Water and Sewer and Trash Collection Services in U.S. City Average (CUSR0000EHG). In the event the forgoing index is no longer published during the term of this Agreement, such other index identified by the Bureau of Labor Statistics as a replacement or otherwise generally accepted as a replacement shall be used for purposes of this Agreement; and, in the absence thereof, the County Board of Supervisors shall select an index that it determines most closely reflects the forgoing and best implements the intent of this Agreement.
"Initial Term" has the meaning specified in Section 5.1(A) hereof. "Manure/Stable Bedding Program" means the programs used by the County to mix source separated uncontaminated horse manure and stable bedding into its Organic Infrastructure to create organic product. Current permit requirements set a maximum percentage of 20% manure/stable bedding ("Material") by weight of total incoming feedstock. County agreement to accept Material is subject to payment of the Organic Contract Rate, available capacity, and compliance with the terms found in Attachment 2.
"Organic Contract Rate" has the meaning specified in Section 4.2 hereof. "Organic Diversion Credit" means credit provided to a local jurisdiction or entity for implementing the diversion of Organic Waste from landfilling through specific activities recognized by the Department of Resources Recycling and Recovery (CalRecycle) including composting, anaerobic digestion, or other methods to meet the State's waste diversion goals and statutes such as Assembly Bill 939, Assembly Bill 341, Assembly Bill 1594, Assembly Bill 1826, and SB 1383 through waste prevention, reuse, and recycling. "Organic Infrastructure" means the County's organics processing facilities and programs used to recycle and promote the processing and diversion of Organic Waste into compost or other material that qualifies as diversion under Applicable Law as described in more detail in Attachment 1. "Organics Legislation" means organics recycling legislation including Assembly Bill 1594, Assembly Bill 1826, SB1383 and any future legislation pertaining to the management and diversion of Organic Waste. "Organic ROWP Procurement Credit" means credit provided to a jurisdiction to meet their Recovered Organic Waste Procurement Target under SB 1383 by procuring Recovered Organic Waste Products as permitted by CalRecycle.
"Organics Agreement" means this Organic Services Agreement ("OSA") between the County and the City as the same may be amended or modified from time to time in accordance herewith. "Organic Take -Back Goal" means the programs that City and County will work toward to create City programs that have the goal of City taking back its Proportional Share of finished compost or other Recovered Organic Waste Product for local application.
"Organic Waste" means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges as defined in Title 14 of the California Code of Regulations, Section 18982(a)(46). 432
"Processed Green Material" ("PGM") as defined in Title 27, California Code of Regulations §20690(b)(3) means any plant material that is either separated at the point of generation, or separated at a centralized facility that employs methods to minimize contamination. Green material includes, but is not limited to, yard trimmings, untreated wood wastes, paper products, and natural fiber products. Green material does not include treated wood waste, mixed demolition or mixed construction debris, manure, or plant waste from the food processing industry, alone or blended with soil. Processed green material may include varying proportions of wood waste from urban and other sources and shall be ground, shredded, screened, source separated for grain size, or otherwise processed. This PGM standard is the standard that Controllable Organic Waste must meet in order to be accepted at County's Organic Infrastructure under the OSA.
"Proportional Share" means 60% of the weight of Controllable Organic Waste City delivered by City to County's Organics Infrastructure.
"Recovered Organic Waste Product" or "ROWP" means compost, mulch, renewable energy (transportation fuel, electricity, and gas for heating) from anaerobic digestion, and electricity from biomass conversion. "Recycled City Organic Waste" means any otherwise Controllable Organic Waste which is separated from Acceptable Organic Waste by the generator thereof and composted by generator at home, community gardens or other processing and which is not placed in Franchise Hauler bin for collection. "Renewal Term" has the meaning specified in Subsection 5.1(C) hereof. "Residential Organic Waste" means Acceptable Organic Waste normally disposed of by or collected from residential (single family and multi -family) residences. "Residual Waste" means any contaminants, inert materials, overs, or Acceptable Organic Waste that could not be processed at the Department's Organic Infrastructure that required to be dispose within the Disposal System. "Waste Disposal Agreement" ("WDA") means the currently operative agreement between the Parties for the disposal of municipal solid waste that is currently set to expire on June 30, 2026. With the exception of specific or conflicting provisions provided in this Organics Agreement, the Parties agree that the terms found in the WDA shall be applied to the interpretation of this OSA. For the purpose of interpretation of this OSA, the Parties also intend that the WDA be read to include terms such as Controllable Organic Waste, where appropriate. "Waste Infrastructure System" or "Disposal System" means active Class III sanitary landfills ("County Landfills"), closed landfills managed by the County, resource recovery operations, Organics Infrastructure, recycling and organics programs, infrastructure and operations, and regional household hazardous waste collection centers and other waste management related systems as may be deemed necessary by the County. "Waste Infrastructure System Enterprise Agreement" or "WISE Agreement" means each of the agreement between the parties that is expected to replace the current WDA that is set to expire on June 30, 2026.
SECTION 1.2 INTERPRETATION. In this Agreement, unless the context otherwise requires:
References Hereto. The terms "hereby", "hereof', "herein", "hereunder", "herewith", and any similar terms refer to this Agreement, and the term "hereafter" means after, and the term "heretofore" means before, the Contract Date.
Gender and Plurality. Words of the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular number mean and include the plural number and vice versa.
Persons. Words importing persons include firms, companies, associations, general partnerships, limited partnerships, trusts, business trusts, corporations and other legal entities, including public bodies, as well as individuals.
Headines. The table of contents and any headings preceding the text of the Articles, Sections and subsections of this Agreement shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect.
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No Third Party Beneficiaries. Nothing in this Agreement is intended to confer on haulers or any other person other than the parties hereto and their respective permitted successors and assigns hereunder any rights or remedies under or by reason of this Agreement.
Counterparts. This Agreement may be executed in any number of original counterparts. All such counterparts shall constitute but one and the same Agreement.
Applicable Law and Venue. This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county.
Severability. If any clause, provision, subsection, Section or Article of this Agreement shall be ruled invalid by any court of jurisdiction, then the parties shall: (1) promptly meet and negotiate a substitute for such clause, provision, subsection, Section or Article which shall, to the greatest extent legally permissible, effect the intent of the parties therein; (2) if necessary or desirable to accomplish item (1) above, apply to the court having declared such invalidity for a judicial construction of the invalidated portion of this Agreement; and (3) negotiate such changes in, substitutions for or additions to the remaining provisions of this Agreement as may be necessary in addition to and in conjunction with items (1) and (2) above to effect the intent of the parties in the invalid provision. The invalidity of such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions hereof, and this Agreement shall be construed and enforced as if such invalid portion did not exist, unless such invalidity frustrates the underlying primary purpose of the Agreement.
ARTICLE II
REPRESENTATIONS AND WARRANTIES
SECTION 2.1 REPRESENTATIONS AND WARRANTIES OF THE CITY. The City represents and warrants that:
(A) Existence. The City is a general law or charter city or a Special District or Sanitary District validly existing under the Constitution and laws of the State. (B) Due Authorization. The City has duly authorized the execution and delivery of this Organics Agreement, and this Organics Agreement has been duly executed and delivered by the City.
SECTION 2.2 REPRESENTATIONS AND WARRANTIES OF THE COUNTY. The County represents and warrants that:
(A) Existence. The County is a political subdivision of the State of California validly existing under the Constitution and laws of the State.
(B) Due Authorization. The County has duly authorized the execution and delivery of this OSA, and this OSA has been duly executed and delivered by the County.
ARTICLE III
DELIVERY AND ACCEPTANCE OF
ORGANIC WASTE AND PROVISION OF
ORGANIC PROCESSING SERVICES
SECTION 3.1 DELIVERY OF ORGANIC WASTE.
(A) Organic Waste Covenant. Subject to the occurrence of the Commencement Date and throughout the Term of this OSA, and subject to available Organic Infrastructure capacity, the City shall exercise all legal and contractual power and authority which it may possess from time to time to deliver or cause the delivery of 434
all Controllable Organic Waste (up to City's Organic Tonnage Limit as provided in Attachment 3) to the Waste Infrastructure System in accordance with the terms of this OSA. (B) Recycled City Organic Waste.
1. Non -Mandatory Organic Waste City Programs: The parties hereto acknowledge the responsibility of the City to meet its own recycling and landfill diversion goals contained in the Act and Organics Legislation.
Nothing in this Agreement is intended or shall be interpreted to prohibit or impair the ability of the City to meet such responsibilities, or to restrict the right of the residents, businesses or organizations in the City to practice source separation, recycling, composting or other materials recovery activities, or to restrict the right of the City to conduct, sponsor, encourage or require such activities in any form. No reduction in the amount of Controllable Organic Waste generated in the City and delivered to the Organic Infrastructure by or on behalf of the City which may result from any such source separation or recycling program shall cause the City any liability hereunder (other than potential adjustment to the Organic Contract Rate as may be negotiated by the Parties as authorized under this OSA, and shall not constitute a breach of this Agreement.)
2. Mandatory Organic Waste City Collection Programs: City shall provide data and information to County regarding City's mandatory Organic Waste collection programs including but not limited to the tonnage of organics collected by the City for diversion under this OSA. The information will be used to provide education and outreach for participation with the goal of minimizing contamination and increasing diversion. (C) Organic Diversion Credit. City shall receive Organic Diversion Credit for City's Controllable Organic Waste minus any Residual Waste delivered by City and accepted by County and processed into Recovered Organic Waste Product at the County's Organic Infrastructure. (D) Organic ROWP Procurement Credit. City shall receive Organic ROWP reports for finished recovered organics waste products procured from County that meets the procurement requirements of Title 14 of the California Code of Regulations, Section 18993.1 et seq. City shall receive Organic ROWP Procurement Credit as follows:
1. County will assist City in developing local City programs and opportunities designed to enable the City to meet its own ROWP requirements.
2. City shall be entitled to "take back" its Proportional Share of SB 1383 compliant, STA Certified compost, mulch or other ROWP products from County Organics Infrastructure and used as ROWP Procurement Credit.
3. County will provide reports and allocate credit associated with City resident ROWP pickup as well as commercial landscapers from City that collect ROWP from County Organic Infrastructure.
4. City will be eligible to receive ROWP Procurement Credit for excess Acceptable Recovered Organic Waste Product that County is able to market beyond that needed for the County unincorporated areas or that is not otherwise committed. (*County makes no guarantees that it will provide City with 100% ROWP Procurement Credit.)
(E) Organic Take -Back Goal. City is not required to "take back" its Proportional Share of STA Certified finished compost, mulch, or other ROWP from the County's Organic Infrastructure, however City and County will work toward creating City programs that have the goal of City taking back its Proportional Share of finished compost or other Recovered Organic Waste Product for local application ("Organic Take -Back Goal") to meet City's ROWP procurement requirements.
(F) Procurement of Additional ROWP. Pursuant to terms agreeable to both Parties, City may request to procure Recovered Organic Waste Product in addition to its Proportional Share within the same Contract Year.
(G) OSA Conditions. As a condition of participating in the County's Organics Infrastructure, 435
City agrees to the following terms:
1. All Controllable Organic Waste delivered to the County's Organics Infrastructure shall meet the standards as set forth in Attachment 2;
2. City or its Franchise Hauler shall pay the Organics Contract Rate for all Organic Waste delivered to the County's Organic Infrastructure for processing into Recovered Organic Waste Product;
3. City shall provide information to County on a quarterly basis that identifies where Controllable Organic Waste being delivered to the County's Organic Infrastructure originated and shall ensure that the organic material being delivered meets the definition of City Acceptable Organic Waste.
4. Bulk ROWP: City shall be entitled to arrange for the Take Back (at City cost) from County Organic Infrastructure compost, mulch and other Recovered Organic Waste Product in bulk form free of charge.
5. Non -Bulk ROWP: County may establish separate fees for provision of non -bulk material including but not limited to bagged material or compost wattles. City shall be entitled to arrange for the Take Back of Non -Bulk ROWP at City cost.
6. City's Proportional Share shall be calculated as 60% of the weight of Controllable Organic Waste City delivers to County's Organics Infrastructure by City. (H) No Right of Organic Waste Substitution. Nothing in this Agreement shall authorize or entitle the City to deliver, or cause the delivery to the County's Organic Infrastructure, Acceptable Organic Waste originating from or generated outside the jurisdiction of the City, nor obligate the County to receive or dispose of any such Acceptable Organic Waste into the Waste Infrastructure System. The City shall not assign in whole or in part its right to deliver or cause to be delivered Controllable Organic Waste to the County hereunder, and shall not permit any Acceptable Organic Waste originating from or generated outside the jurisdiction of the City to be substituted for Controllable Organic Waste for any purpose hereunder.
SECTION 3.2 PROVISION OF ORGANIC PROCESSING SERVICES BY THE COUNTY. (A) Organic Service Covenant. Commencing on the Commencement Date, the County shall provide or cause the provision of the service of receiving and processing of City's Controllable Organic Waste (up to the City Organic Tonnage Limit provided in Attachment 3) at the County's Organics Infrastructure as described in more detail in Attachment 1. The County shall exercise all reasonable efforts to minimize the costs incurred in complying with the Organic Service Covenant consistent with prudent solid waste management practice and environmental considerations and under Applicable Law.
(B) Receipt of Controllable Organic Waste. Upon acceptance of the Controllable Organic Waste that meets the PGM standards provided in Attachment 2, County shall process the Organic Waste into compost, mulch or other ROWP as specified in Title 14 of the California Code of Regulations Section 18993.1 (C) Education and Outreach. The Depailment will assist the City and its hauler in their efforts on Organic education and outreach with the goal of the City meeting its organic diversion and ROWP procurement requirements.
(D) Designated Facilities. County and City will coordinate in determining the primary organic processing facilities and tonnages (as reflected in Attachment 1) used for receiving and processing of Controllable Organic Waste. The Department shall immediately advise the City by telephone of any situation, event or circumstance which results in the partial or complete inability of the County to receive Controllable Organic Waste at any particular County Organics Infrastructure within the Waste Infrastructure System, its effect on the County's ability to perform its obligations hereunder, and the County's best estimate of the probable duration. The Department shall confirm such advice in writing within twenty four (24) hours of the occurrence of any such inability. The County shall use its best efforts to resume normal operation of the Organics Infrastructure primarily used by the City as soon as possible. In the event a situation, event or circumstance results in the partial or complete inability of the County to receive Controllable Organic Waste at any particular County Organics Infrastructure within the Waste Infrastructure System the County shall have the right to redirect Controllable Organic Waste to another landfill or County Organics Infrastructure within the Waste Infrastructure System for the duration of the situation, event or circumstance; In no event shall the County be required to accept Controlled Organic Waste if it does not have sufficient permitted organic processing capacity 436
within the Waste Infrastructure System.
(E) Compliance with Service Covenant Not Excused for any Reason. Commencing on the Commencement Date, and subject to the terms of this Agreement, the obligations of the County to duly observe and comply with the Organic Service Covenant, in accordance with Applicable Law, shall apply continuously and without interruption for the Term of this OSA. In the event that any Change in Law, situation, event or other Uncontrollable Circumstance impairs or precludes compliance with the Organic Service Covenant by the means or methods then being employed by the County, the County shall use best efforts to implement alternative or substitute means and methods to enable it to satisfy the terms and conditions of the Service Covenant. In the event that a Change in Law precludes the County from complying with such covenants with the means or methods then being employed and from utilizing any alternate or substitute means or methods of compliance, the County shall continuously use all reasonable efforts to effectuate executive, legislative or judicial change in or relief from the applicability of such law so as to enable the County lawfully to resume compliance with such covenants as soon as possible following the Change in Law.
County failure to duly observe and comply with the Organic Service Covenant due to its efforts to comply with Applicable Law, shall not constitute a breach under this Organics Agreement, and shall excuse County performance to the extent necessary to comply with Applicable Law.
If the alternative or substitute means and methods proposed for the County to observe and comply with the Organic Service Covenant are more costly than the previously used means and methods, the Parties shall negotiate a mutually agreeable new Organic Contract Rate. If the Parties are unable to agree on a new Organic Contract Rate, the Parties may terminate this agreement without penalty with ninety (90) days notice.
SECTION 3.3 COUNTY RIGHT TO REFUSE ORGANIC WASTE.
delivery of:
(A) Right of Refusal. Notwithstanding any other provision hereof, the County may refuse (1) Hazardous Waste;
(2) Acceptable Organic Waste delivered by City but originating from or generated outside the jurisdiction of the City;
(3) Acceptable Organic Waste delivered in excess of the City Organic Tonnage Limit listed in the Attachment 3;
(4) Acceptable Organic Waste in excess of permitted limits; (5) Acceptable Organic Waste that would result in County violating Applicable Law; (6) Controllable Organic Waste that does not meet the requirements found in Attachment 2;
SECTION 3.4 COUNTY PROVISION OF OTHER ORGANIC WASTE DIVERSION SERVICES. (A) Food Waste Processing and Diversion. County is in the process of evaluating the options and feasibility of development of a Commercial Food Waste Processing Infrastructure. If developed, City will be provided an opportunity to participate in this service on terms separately agreed to by the Parties. (B) Edible Food Recovery Programs. County is in the process of evaluating the options and feasibility of development of regional County -wide edible food recovery programs to assist Cities in meeting State mandated goals. The intent of Edible Food Recovery to address the food hierarchy and wasted food scale on a regional level through collaboration of all jurisdictions, key local, State and federal stakeholders, the non-profit sector and business sector. City agrees to cooperate with County efforts and collaborate on data analysis and reporting to provide jurisdictions reports for compliance under SB 1383.
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(C) Separate City -County Diversion Service Agreements. Nothing in this Agreement is intended to limit the right of the County to enter into a separate agreement with the City or any other person, jurisdiction, or entity to provide source reduction, materials recovery, recycling, composting or other waste diversion services.
ARTICLE IV
ORGANIC CONTRACT RATE
SECTION 4.1 CHARGING AND SECURING PAYMENT OF ORGANIC CONTRACT RATE.
The City acknowledges that the County shall have the right to charge and collect an Organic Contract Rate for the acceptance and processing of Controllable Organic Waste delivered to the Organic Infrastructure by City or its Franchise Hauler. City acknowledges that the County shall have the right to establish as part of the operating rules and regulations reasonable measures to secure the payment of all Organic Contract Rates.
SECTION 4.2 ORGANIC CONTRACT RATE.
(A) Establishment of Contract Rate. The Organic Contract Rate payable by each City or Franchise Hauler shall be $67/Ton up to the City Organic Tonnage Limit. (B) Special Charges. Notwithstanding Section 4.2(A), the County shall have the right to impose special charges for items such as bagged material or compost wattles; new or expanded services; or receipt of hard to handle materials, such as bulky materials, construction and demolition debris, tree stumps, biosolids and sludge. Such special charges shall be calculated to reflect the reasonable incremental costs to the County of providing the new or expanded services or accepting such hard to handle materials. (C) Escalation.
1. Annual CPI Adiustment: The Organics Contract Rate shall be adjusted each July 1, beginning 2027. The change will be equal to the percentage change in the Consumer Price Index - Consumer Price Index for Al Urban Consumers: Water and Sewer and Trash Collection Services in U.S. City Average (CUSR0000EHG) as measured from the October twenty one (21) months prior to the rate adjustment to the October immediately preceding the rate adjustment. In the event that the change in the change in CPI as described above is negative rather than positive, no rate adjustment will be made for that year.
Organic Contract Rate True -up: County will notify City prior to April 30, 2029 (and every three (3) years thereafter) and advise whether actual inflation rate since execution should be frozen for a period of time (in circumstances where Department revenues exceed Department Full Cost Recovery needs) or to determine whether the Organic Contract Rate should be increased beyond CPI as described above (in circumstances where Department costs exceed CPI) to ensure that Department revenues meet Full Cost Recovery.
2. Adiustment Resulting from Increased Fees: In addition to the other adjustments specified herein, the Organic Contract Rate shall be automatically adjusted to reflect the imposition of new fees or increases in existing fees relating to the County's processing of Controllable Organic Waste imposed by State, federal or other agencies. The County shall provide notice of any increase pursuant to this Section as soon as practicable after becoming aware of the imposition of any fees described above.
ARTICLE V
TERM
SECTION 5.1 EFFECTIVE DATE AND TERM.
(A) Initial Term. This Organic Services Agreement shall become effective, shall be in full force and effect and shall be legally binding upon the City and the County from the Contract Date and shall continue in full force and effect until June 30, 2036, unless earlier terminated in accordance with its terms, in which event the Term shall be deemed to have expired as of the date of such termination. 438
(B) Bi -Annual Opener. In light of the significant changes in law by the California Legislature to address climate change, the Parties agree to meet at least bi-annually or earlier at the request of County to review the Organic Contract Rate and discuss the need for additional investment into the Organic Infrastructure to respond to existing or new legislative requirements, diversion requirements, provision of new services, or other matters of mutual concern to the Parties.
(C) Option to Renew. This Agreement shall be subject to renewal by mutual agreement of the Parties, on or before June 30, 2036 for an additional term of 10 years (the "Renewal Term") on the same terms and conditions as are applicable during the Initial Term hereof or on amended terms as may be mutually agreed to by the Parties. The City shall give the County written notice of its election to renew this Agreement on or before June 30, 2034. If the parties do not execute a renewal of this Agreement prior to June 30, 2036 it shall expire.
ARTICLE VI
GENERAL PROVISIONS
SECTION 6.1 NOTICES. Any notice or communication required or permitted hereunder shall be in writing and sufficiently given if delivered in person or sent by certified or registered mail, postage prepaid, to the notice address of the respective Parties set forth on the cover page of this Agreement. Changes in the respective addresses to which such notices may be directed may be made from time to time by any Party by notice to the other Party.
SECTION 6.2 ATTORNEYS FEES. In any action or proceeding to enforce or interpret any provision of this Agreement, each Party shall bear their own attorney's fees, costs and expenses.
SECTION 6.3 RELATIONSHIP OF THE PARTIES. Neither party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations or liabilities assumed by the other party hereto, whether accrued, absolute, contingent or otherwise, or whether due or to become due. The County is an independent contractor of the City and nothing in this Agreement shall be deemed to constitute either party a partner, agent or legal representative of the other party or to create any fiduciary relationship between the parties.
SECTION 6.4 NO CONSEQUENTIAL OR PUNITIVE DAMAGES. In no event shall either Party hereto be liable to the other or obligated in any manner to pay to the other any special, incidental, consequential, punitive or similar damages based upon claims arising out of or in connection with the performance or non- performance of its obligations or otherwise under this Agreement, or the material inaccuracy of any representation made in this Agreement, whether such claims are based upon contract, tort, negligence, warranty or other legal theory.
SECTION 6.5 AMENDMENTS. Neither this Agreement nor any provision hereof may be changed, modified, amended or waived except by written agreement duly authorized and executed by both Parties.
SECTION 6.7 NOTICE OF LITIGATION. Each Party shall deliver written notice to the other of any Legal Proceeding to which it is a party and which questions the validity or enforceability of this Agreement executed by the City or the County or any Legal Entitlement issued in connection herewith.
SECTION 6.8 FURTHER ASSURANCES. At any and all times the City and the County so far as may be authorized by law shall pass, make, do, execute, acknowledge and deliver any and every such further resolutions, acts, deeds, conveyances, instruments, assignments, transfers and assurances as may be necessary or reasonably requested by the other in order to give full effect to this Agreement.
SECTION 6.9 ASSIGNMENT OF AGREEMENT. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either Party hereto without the prior written consent of the other Party, which may be withheld in the other Party's sole discretion. Notwithstanding the foregoing, either Party may assign this Agreement to another public entity, subject to the reasonable consent of the other party. In such circumstances the Party not requesting the assignment shall have the right to demand assurances of the financial, technical and legal ability of the proposed assignee to undertake the responsibilities and obligations of the assigning Party.
SECTION 6.10 BINDING EFFECT. This Agreement shall bind and inure to the benefit of the Parties hereto and any successor or assignee acquiring an interest hereunder consistent with the provisions of Section 6.9 hereof. 439
Signature Page to Follow
440
IN WITNESS WHEREOF, COUNTY and CITY have caused this Agreement to be executed by their duly authorized officers or representatives as of the day and year first above written.
COUNTY OF ORANGE
Date By
Director, OC Waste & Recycling
APPROVED AS TO FORM:
COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By
Date
NOT APPLICABLE
Date By
[NAME]
City Representative
City of XX
Date By
[NAME]
City Representative
City of XX
APPROVED AS TO FORM:
By
City Attorney
Date
441
Attachment 1
COUNTY OF ORANGE ORGANIC INFRASTRUCTURE
442
Attachment 1
COUNTY OF ORANGE ORGANIC INFRASTRUCTURE
The County of Orange owns and operates a network of three commercial organic processing facilities co -located at each of the active landfills. Each of the organic processing facilities have the ability to receive organic material and to produce organic products for cities to meet their Take -Back requirements specified within this agreement. Products produced at the organic processing facilities meet CalRecycle's SB 1383 procurement requirement and are certified under the US Composting Council's Standard of Testing Assurance (STA) Program. Product offerings include compost and composted mulch. Additional products may be offered as determined by the County.
A summary of each of the organic processing facilities is listed below:
Valencia Greenery (Co -Located at Olinda Alpha Landfill) 1942 N. Valencia Avenue
Brea, CA 92823
Permitted Maximum Tonnage (Open Windrow): 94 tons per day Proposed Permitted Maximum Tonnage (Covered Aerated Static Pile): 228 tons per day Permitted Hours of Operation: Monday through Saturday 6:00 am to 4:00 pm Ancillary Operation Hours: 24 hours per day/7 days a week Bee Canyon Greenery (Co -Located at Frank R. Bowerman Landfill) 11002 Bee Canyon Access Road
Irvine, CA 92602
Permitted Maximum Tonnage (Open Windrow): 210 tons per day Proposed Permitted Maximum Tonnage (Covered Aerated Static Pile): 876 tons per day Permitted Hours of Operation: Monday through Saturday 7:00 am to 5:00 pm Ancillary Operation Hours: 24 hours per day/7 days a week Capistrano Greenery (Co -Located at Prima Deshecha Landfill) 32250 Avenida La Pata
San Juan Capistrano, CA 92675
Permitted Maximum Tonnage (Open Windrow): 204 tons per day Proposed Permitted Maximum Tonnage (Covered Aerated Static Pile): 536 tons per day Permitted Hours of Operation: Monday through Saturday 7:00 am to 5:00 pm Ancillary Operation Hours: 24 hours per day/7 days a week This list may be modified/expanded at the discretion of the County. 443
Attachment 2
SPECIFICATIONS FOR CONTROLLABLE ORGANIC WASTE AS PROCESSED GREEN WASTE
MATERIAL (PGM) AT COUNTY ORGANIC INFRASTRUCTURE
444
Attachment 2
SPECIFICATIONS FOR CONTROLLABLE ORGANICE WASTE AS PROCESSED GREEN WASTE
MATERIAL (PGM) AT COUNTY ORGANIC INFRASTRUCTURE
DESCRIPTION
Processed Green Material (PGM) consists of yard waste, grass clippings, leaves, tree trimmings and plant -based materials which have been sorted to remove contamination and processed by shredding or grinding. PGM should not contain manure, stable waste or pet waste, which can create odors.
Processed Green Material is defined as following (California Code of Regulations, Title 27, Division 2, Subdivision 1, Chapter 3, Subchapter 4, Section 20690 [b] [3]):
• Processed Green Material — means any plant material that is either separated at the point of generation or separated at a centralized facility that employs methods to minimize contamination. Green material includes, but is not limited to, yard trimmings, untreated wood wastes, paper products, and natural fiber products. Green material does not include treated wood waste, mixed demolition or mixed construction debris, manure, or plant waste from the food processing industry, alone or blended with soil. Processed green material may include varying proportions of wood waste from urban and other sources and shall be ground, shredded, screened, source separated for grain size, or otherwise processed.
CONTAMINANT DEBRIS
The PGM should be free from all contaminant debris (glass, plastic, film plastic, metals, etc.) as well as salt and deleterious material such as clods, coarse objects, rocks, inert debris, and Material Recovery Facility ("MRF") fines.
County personnel visually inspect the PGM loads as they come in, making sure that the specifications are met and to determine if the loads are contaminated (i.e., mixed with paper, plastics and other trash.) If the loads appear to have unacceptable contamination in excess of 0.5% either by weight or volume, the PGM loads will not be allowed into the Organic Infrastructure and the City and/or hauler will be notified that contaminated PGM loads are unacceptable. The PGM will be deemed as municipal solid waste and the City and/or hauler will have the option to take the material to the landfill for disposal or be returned to the hauler's facility for additional processing. For material that is physically dumped at the unloading area and is deemed unacceptable by OC Waste & Recycling staff, the material will be re- loaded into the transfer vehicle for reprocessing at hauler's processing facility or sent to the landfill for disposal.
Hauler will be charged the current "Hard -to -Handle" fee for re -loading services and disposal of unacceptable material.
SIZE
The particle size of the PGM acceptable is between 'A -inch and 3 inches in length between V2 -inch and 1 inch in width and between 'A -inch and 1 inch in thickness. No particle should exceed 3 inches in any dimension.
MOISTURE CONTENT
The moisture content of the PGM should be in the range of 50-60 percent. If the PGM's moisture content is unacceptable and cannot be received for processing at the County's Organic Infrastructure Facilities, the material will be re -loaded into the transfer vehicle for reprocessing at hauler's processing facility or sent to the landfill for disposal.
The hauler will be charged the current "Hard -to -Handle" fee for re -loading services and disposal of unacceptable material.
FOOD WASTE
Residential food waste mixed with PGM as part of a city organic collection program is acceptable provided that the food waste is free of contaminant debris (glass, plastic, food packaging, non-compostable silverware, soiled napkins, 445
etc.). No commercial or source -separated food waste will be accepted except for cases where the County has entered into an agreement with a City to accept specific source separated organic material as Additional Feedstock as described below.
SOURCE SEPARATED MANURE
Subject to available capacity, City and/or Hauler may bring non-residential, source separated manure and stable bedding pursuant to the following Manure/Stable Bedding Program requirements:
1. Material Quantity: manure/stable bedding must be uncontaminated which means free of any hazardous materials, food waste packaging, plastics, glass, and any large bulky items and inert materials that need to be further sized or removed for composting. ("Material")
2. Material Volume: County and City/Hauler will determine the anticipated volume of Material to ensure that the County's Organic Infrastructure has sufficient capacity to manage the proposed amount of Material.
3. Material will be load checked to determine if it meets the established quality standards. If contaminants exceed
0.5% (by weight or volume), the load is deemed contaminated and not meeting quality standard for use in the Manure/Stable Bedding Program.
4. Material that is deemed unacceptable will be subject to the fees established by OCWR for this material type.
Material that does not meet the established quality standards will be charged as follows:
a. If determined not to meet quality standards before Material is unloaded, standard disposal rates will apply.
b. If determined not to meet quality standards after Material is unloaded (or partially unloaded), hard -to -handle disposal rates will apply.
5. Material Delivery:
a. All Material deliveries will be scheduled and coordinated with OCWR prior to delivery. Any changes to material delivery quantities or days will be coordinated with OCWR prior to making the change.
b. While OCWR will remain as flexible as possible on timing of deliveries, material deliveries will be limited to Monday through Friday between 8:00 am and 2:00 pm and subject to holiday schedules. Should the delivery times change, then OCWR shall give two (2) days prior notice of the delivery time change.
c. Upon delivery, OCWR staff will record exact tonnage, name of hauler/transporter provider, and note distinguishing characteristics of feedstock and other pertinent information. d. Deliveries made without OCWR prior approval may be refused or charged at the established rate.
e. OCWR reserves the right to deny a request to deliver for any reason. (i.e., OCWR does not guarantee that it will accept manure/stable bedding under this program. Instead, OCWR will accept Material based on its operational need and will make every effort to accommodate City's/hauler Material except when a reduction or stoppage is needed.)
ADDITIONAL FEEDSTOCK
The County at its discretion may accept additional material types such as food waste and manure based on availability and permitting conditions at each of the County's organic processing facilities. The County will work with City to identify the specifications for accepting the material types including scheduling of deliveries and quantities.
CHANGES TO SPECIFICATIONS
County reserves the right to modify the Specifications found in this Appendix due to a change in law or regulation or in consideration of operational or Organic Processing Infrastructure needs. County shall provide 90 days notice regarding changes to this Appendix.
446
Attachment 3
CITY ORGANIC TONNAGE LIMIT
447
Attachment 3
CITY ORGANIC TONNAGE LIMIT
The City Organic Tonnage Limit listed in the Attachment is the maximum amount of Controllable Organic Waste that County is committed to accept under the Organic Service Agreement.
Jurisdiction Designated Greenery City Organic Tonnage Limit Daily Limits Monthly Limit2 Annual
Limit
TBD tons tons tons
TBD
TBD
TBD
1. Daily Limit includes up to 20% by weight of source separated manure and stable bedding.
2. In the event City delivers less than their monthly limit, County may allocate unused City capacity at its discretion. 448
Attachment 4
ORGANIC INFRASTRUCTURE RESOLUTION
449
RESOLUTION NO. 19-19-031
RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA DIRECTING OC WASTE &
RECYCLING TO UTILIZE EXISTING COUNTY RESOURCES TO RESEARCH OPPORTUNITIES AND DEVELOP STRATEGIES TO ACHIEVE STATE IMPOSED ORGANICS RECYCLING MANDATES.
WHEREAS, in 1989 the State of California enacted AB 939 (Sher), The Integrated Waste Management Act, requiring jurisdictions to divert a minimum of 50% of waste then going to landfills; WHEREAS, in 2014 the State of California enacted AB 1594 (Williams, Chapter 719, Statutes of 2014), mandating that as of January 1, 2020, the use of green material as alternative daily cover will no longer constitute diversion through recycling and will instead be considered disposal in terms of measuring a jurisdiction's annual 50% per capita disposal rate;
WHEREAS, in 2018, Orange County cities delivered approximately 513,000 tons of processed green material to Orange County landfills accepted for free to be used as alternative daily cover, saving the residents of Orange County more than $17,000,000 over the comparable cost of disposal; WHEREAS, beginning in 2020, due to the new Influx of previously diverted processed green material several Orange County cities will have difficulty meeting the mandated 50% diversion rate due to a lack of organics processing infrastructure within Orange County;
WHEREAS, in 2016 the State of California enacted SB 1383 (Lara, Chapter 395, Statues of 2016), establishing methane emissions reduction targets, to be achieved via even greater diversion of organics from landfills, in a statewide effort to reduce emissions of short-lived climate pollutants; WHEREAS, the state continually increases the type and volume of organics that must be diverted from landfills and recycled;
WHEREAS, transportation is the most significant cost component to managing any waste stream, and the County Landfill system is well suited to receive and process organic material; WHEREAS, the Orange County Board of Supervisors has considered the needs of Orange County and the need for additional organic recycling infrastructure;
WHEREAS, the Orange County Board of Supervisors supports protecting consumers via the creation of an organics recycling infrastructure within Orange County; WHEREAS, the Orange County Board of Supervisors is committed to fulfilling its legal obligations to meet state mandates In a manner that is least burdensome to taxpayers; NOW, THEREFORE BE IT RESOLVED, the Orange County Board of Supervisors acknowledges that the County has an interest in utilizing County resources to support the region in developing additional organics recycling infrastructure. The Board HEREBY ORDERS as follows:
SECTION 1. OC Waste & Recycling (OCWR) shall research opportunities and use available county resources to develop strategies and programs to achieve state -imposed organics recycling mandates for County unincorporated areas and where feasible leverage and extend similar opportunities to serve other public agencies and incorporated portions of Orange County.
SECTION 2. OCWR shall work transparently with all stakeholders to achieve the above -stated goals.
SECTION 3. Authorize OCWR to seek opportunities for organics recycling grants to help offset the costs of organics recycling research, program implementation and other related expenses. OCWR shall comply with County policies In applying for and accepting grants.
Resolution No. 19-031, Item 48
450
The foregoing was passed and adopted by the following vote of the Orange County Board of Supervisors, on April 23, 2019, to wit:
AYES:
Supervisors: LISA A. BARTLETT, ANDREW DO, MICHELLE STEEL DONALD P. WAGNER, DOUG CHAFFEE
NOES: Supervisor(s):
EXCUSED: Supervisor(s):
ABSTAINED: Supervisor(s):
Lrice,: ate -
CHAIRWOMAN
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
I, ROBIN STIELER, Clerk of the Board of Orange County, California, hereby certify that a copy of this document has been delivered to the Chairman of the Board and that the above and foregoing Resolution was duly and regularly adopted by the Orange County Board of Supervisors IN WITNESS WHEREOF, I have hereto set my hand and seal.
Resolution No: 19-031
Agenda Date: 04/23/2019
Item No: 48
d-214:""\-ELER ROBIN
Clerk of the Board
County of Orange, State of California
1 certify that the foregoing is a true and correct copy of the Resolution adopted by the Board of Supervisors , Orange County, State of Cal tfomla
Robin Sheter, Clerk of the Board of Supervisors
By.
Deputy
451
FRANCHISE HAULER ACKNOWLEDGMENT
THIS FRANCHISE HAULER ACKNOWLEDGMENT, dated as of April 215t, 2026 (the "Acknowledgment"), and between the CITY OF PLACENTIA (the "City") and REPUBLIC WASTE SERVICES OF SOUTHERN CALIFORNIA, LLC (the "Franchise Hauler").
WITNESSETH
WHEREAS, the City and the Franchise Hauler have heretofore entered into an agreement entitled Amended, Revised and Restated Agreement dated as of July 20th, 2010 (the "Franchise"); and WHEREAS, the City has issued to the Franchise Hauler a permit, license, approval or other authorization the "Authorization") which allows the Franchise Hauler to provide solid waste collection services within the City; and
WHEREAS, the Franchise provides for the collection and disposal of certain municipal solid waste as described therein ("Franchise Waste") generated within the City; and WHEREAS, the County of Orange (the "County") owns, manages and operates a Waste Infrastructure System that is permitted to accept or process Acceptable Waste for disposal or diversion; and WHEREAS, the City and the County have heretofore entered into a Waste Infrastructure System Enterprise Agreement (the "WISE Agreement"), dated as of April 21St, 2026; and WHEREAS, the WISE Agreement details responsibilities for disposal of municipal solid waste and may include processing of identified Organic Waste for diversion, generated within the boundaries of the City, and determine that the execution of the WISE Agreement will serve the public health, safety and welfare of the residents of the City and County, by maintaining public ownership and stewardship over the Waste Infrastructure System and providing disposal rate stability, predictable and reliable long-term disposal service, enhanced organics processing to assist the City in meeting its organics diversion requirements, and the continuation of sound environmental management; and
WHEREAS, under the WISE Agreement, the County has agreed to provide long-term disposal of all municipal solid waste generated within the City andmay also provide for Organic Waste processing under an OSA and the City has agreed to exercise all legal, and contractual power which it possesses from time to time to deliver or cause the delivery of such waste to the Waste Infrastructure System; and WHEREAS, the provisions of the WISE Agreement guarantee capacity for the long term disposal and processing of waste at specified rates generated in the City provide significant benefits to the Franchise Hauler; WHEREAS, notwithstanding any Franchise provisions to the contrary, the Franchise Hauler explicitly acknowledges the aforementioned benefits to the City, the County and the Franchise Hauler in providing for the disposal of all Franchise Waste to the Waste Infrastructure System; and WHEREAS, the City and the Franchise Hauler desire to enter into this Acknowledgment to assure that the City and the Franchise Hauler will be entitled to the benefits of the WISE Agreement and to assure conformity with the waste delivery obligations which have been agreed to by the City under the WISE Agreement through the delivery of waste by the Franchise Hauler to the Waste Infrastructure System; and WHEREAS, the Franchise Hauler's agreement to deliver Franchise Waste to the Disposal System under this Acknowledgment is given in consideration of the Franchise Hauler's right to receive the Contract Rate for such disposal and processing as provided in the WISE Agreement.
NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the 452
receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows:
1. Capitalized terms used and not otherwise defined herein are used as defined in the WISE Agreement.
2. The Franchise Hauler hereby waives any right which it may possess under applicable law to contest on any ground, constitutional, statutory, case law, administrative or otherwise, (a) the right, power or authority of the County or the City to enter into or perform their respective obligations under the WISE Agreement, (b) the enforceability against the County or the City of the WISE Agreement, or (c) the right, power or authority of the City to deliver or cause the delivery of all Controllable Waste to the Disposal System in accordance with this Acknowledgment.
3. The City and the Franchise Hauler each hereby represent that this Acknowledgment has been duly authorized by all necessary action of their respective governing bodies.
4. The Franchise Hauler shall deliver or cause to be delivered all Controllable Waste (including all Residue from the processing by any means, wherever conducted, of Controllable Waste), to the Designated Facility in the Waste Infrastructure System/Disposal System, and shall otherwise assist the City in complying with its obligations under the Waste Disposal Covenant in Section 3.1 of the WISE Agreement.
5. Unless expressly authorized by the Department, the Franchise Hauler shall only haul Controllable Waste to the Designated Facility.
6. The Franchise Hauler shall not haul Controllable Waste to any materials recovery facility, composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or management facility unless the contract or other agreement or arrangement between the Franchise Hauler and the operator of such facility is sufficient in the opinion of the County to assure that the Residue from such facility constituting City Acceptable Waste (or Tonnage equivalencies) and the City Acceptable Waste transferred by such facility shall be delivered to the Disposal System in compliance with the Waste Disposal Covenant.
7. The Franchise Hauler shall pay the Contract Rate imposed by the County for the disposal of all Controllable Waste, which rate shall be subject to potential adjustment necessary to reflect the circumstances set forth in the Agreement.
8. Nothing in this Acknowledgment is intended to restrict any right or responsibility explicitly given the Franchise Hauler in any City Franchise Agreement to recycle City Acceptable Waste, except as provided in paragraph 5 above with respect to Residue from any such recycling operations.
9. The obligations of the Franchise Hauler under this Acknowledgment shall apply notwithstanding any provision of the Franchise which may conflict herewith.
10. This Acknowledgment may be enforced by the City by any available legal means. In any enforcement action by the City, the burden of proof shall be on the Franchise Hauler to demonstrate compliance herewith.
11. This Acknowledgment shall be in full force and effect and shall be legally binding upon the City and Franchise Hauler from the date hereof and shall continue in full force and effect until the earlier of (i) the end of the term of the Franchise or (ii) the end of the Term of the WISE Agreement.
12. The City and Franchise Hauler agree that the County shall be an express third -party beneficiary of this Acknowledgment, and shall be entitled to independently enforce the obligations of the Franchise Hauler hereunder. There shall be no additional third party beneficiaries under this Acknowledgement.
13. The Franchise Hauler agrees to assist the County in verifying tonnage collected by the Franchise 453
Hauler and providing information required by the County. The Franchise Hauler will provide upon request refuse tonnage collected within the County, and outside the County (if relevant to confirming tonnage origination), separated by jurisdiction, by load type (residential, commercial, roll -off box, etc.), and by facility to which it was delivered (specify which landfill or transfer station). Hauler will provide customer service levels and route lists.
The Franchise Hauler will cooperate with County audits to verify reported origin of tonnage by making records and personnel available to the County and/or its auditors.
IN WITNESS WHEREOF, the parties have caused this Acknowledgment to be executed by their duly authorized officers or representatives as of this 21St day of April, 2026.
APPROVED AS TO FORM:
By
City Attorney
Date
CITY OF PLACENTIA
Signature:
Printed Name:
Title:
REPUBLIC WASTE SERVICES OF SOUTHERN
CALIFORNIA
Signature: .,�i
Printed 474-e."- &Sale\
Title: AlGtvtcr e,
454
CERTIFICATE OF SECRETARY
RELATING TO THE FRANCISE HAULER ACKNOWLEDGMENT
FOR THE CITY OF PLACENTIA
IN THE STATE OF CALIFORNIA
The undersigned, Secretary of REPUBLIC WASTE SERVICES OF SOUTHERN CALIFORNIA, LLC, a Delaware limited liability company (the "Company"), hereby certifies that the following is a true and correct copy of the resolution which was duly adopted by REPUBLIC SERVICES, INC., a Delaware corporation, the sole member of the Company (the "Member") by written consent of the Member on August 23, 2021, that such resolution has not been rescinded, amended or modified in any respect, and is in full force and effect on the date hereof:
RESOLVED, that (i) any individual at the time holding the position of General Manager or Area Director, Finance; and in connection with environmental solutions transactions only, General Manager; Division President; or Division Vice President Finance be, and each of them hereby is, appointed as an Authorized Agent, to act in the name and on behalf of the Company and to include the execution of related documents, in connection with the day-to-day business activities of the Company, and further, that (ii) in addition to any one of the foregoing positions, any individual at the time holding the position of Area Director, Business Development; Area Director, Operations; Market Vice President; Vice President, Environmental Services be, and each of them hereby is, appointed as an Authorized Agent to execute any bid and proposal, and if awarded, any related contract for services to be performed by the Company and any bond required by such bid, proposal or contract, all in accordance with the existing Levels of Authority and other relevant policies and procedures.
I further certify that PETER BESADA holds the title of General Manager and in such capacity has full authority to act in the name and on behalf of the Company as set forth in the foregoing resolution.
WITNESS MY HAND, this 23rd day of March, 2026.
Lauren McKeon, Secretary
455
WISE AGREEMENT
Service Coordinator Designation Form
Section 3.5(C) of the WISE Agreement reads as follows:
"Service Coordinator. The County and the City each shall designate in writing thirty (30) days prior to the expected Commencement Date a person to transmit instructions, receive information and otherwise coordinate service matters arising pursuant to this Agreement (each a "Service Coordinator"). Either Party may designate a successor or substitute Service Coordinator at any time by notice to the other Party." City/District Name: City of Placentia
Service Coordinator Name: Cheryl Miller
Service Coordinator Telephone 714-993-8123
Number:
Service Coordinator Email Address: [email protected] This designation is effective immediately and replaces all prior designations.
Approved by City Administrator or designee:
Jennifer Lampman, City Administrator
Date
456
Residential Rates
Single Family