TO: Chair and Members of the Design Review Committee
THRU: Anna Pehoushek, Assistant Community Development Director
FROM: Chad Ortlieb, Principal Planner
1. Subject
title
The Village at Orange Demolition and Wall Refacing, 1500 East Village Way (Design Review No. 5131-23).
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2. Summary
body
The applicant proposes demolition of approximately 158,725 rentable square feet of interior Village At Orange mall space, wall reconstruction and resurfacing, and related work.
3. RECOMMENDED ACTION
recommendation
Approval by the Design Review Committee.
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4. BACKGROUND INFORMATION
Applicant/Owner: The Village at Orange, LLC
Property Location: 1500 East Village Way
General Plan Designation: General Commercial Max 1.0 FAR (GC)
Zoning Classification: Limited Business Tustin Redevelopment Project Area (C-TR)
Existing Development: The site is the existing Village at Orange Mall consisting of the 158,725 square foot (sq ft) enclosed mall building, exterior lined tenants, and freestanding outparcel tenants. See Exhibit A - Site Plan, Sheet AS1.1, for the exact area of demolition.
Associated Application: None.
Previous DRC Project Review: None.
5. project description
The applicant is proposing to demolish the central interior core of the Village at Orange Mall. Exterior facing tenants and the Sears, JC Penny, and Walmart tenants would not be demolished. However, the walls of those tenants left exposed after the core mall demolition would require refacing/resurfacing, and in two instances, will require construction of a new wall.
Wall elevations are proposed as follows:
• The north elevation of Homegoods and south elevation of Sprouts will have painted plaster cement walls. Walls will be jointed.
• The west elevations of Homegoods and Sprouts will have new walls placed in front of existing walls with minimal offsets and unusable void space in between. New walls will match the north and south elevations.
• The Sears property is under separate ownership and the applicant does not have permission to modify that north elevation. Therefore, the mall vestibule will remain at that interface. However, the exposed north elevation of the vestibule requires a new wall. A painted plaster cement jointed wall is proposed.
• The west elevation of JC Penny that interfaces with demolished mall interior core space will be infilled with a “sandpebble” finish wall painted to match the surrounding wall. This shall occur with JC Penney property owner permission.
• Walls of other tenants such as Red Robin and the vacant 7,122 sq. ft. retail space will remain as unpainted CMU walls or will be painted if determined necessary by the contractor after demolition.
Design Review is required for the treatment of walls left exposed after mall core demolition pursuant to Orange Municipal Code Section 17.10.070B.5.a. which applies to external remodeling of commercial developments, including a multi-tenant commercial center, such as the mall.
Existing landscaping and irrigation on the site will remain in place with the exception of two walls with vines being removed on the west elevation, flanking the JC Penny building. Additionally, landscaping adjacent to the east elevation of the JC Penny building will be removed. Bougainvillea will be planted around the north and southwest rear perimeter edges of the demolished area, followed by a six-foot high, one-inch diamond pattern, black, vinyl-coated chain link fence.
A decorative horizontal slat wood fence and planter with Podocarpus will be placed at the location of the primary Tustin Street-facing main mall entrance.
6. EXISTING SITE
The site is the existing Village at Orange Mall. The site is owned by TRC with the exception of Sears and JC Penny which are each under separate ownership.
7. EXISTING AREA CONTEXT
The area is the N. Tustin Street commercial corridor where service and retail uses exist north and south of the mall. Single-family residential properties exist to the west across N. Canal Street, as does the former Peralta middle school site. A mix of multi-family and commercial uses exist to the east, across N. Tustin Street and to the north and south.
8. analysis and statement of the issues
No design issues are identified. The proposed exterior treatments will result in a tidy appearance following demolition.
9. ADVISORY BOARD RECOMMENDATION
The Staff Review Committee reviewed the project on November 29, 2023, February 21, 2024, and April 10, 2024, and recommended that the project proceed to the Design Review Committee (DRC).
10. PUBLIC NOTICE
On May 23, 2024, the City sent a DRC Public Meeting Notice to 541 property owners and tenants within a 400-foot radius of the project site and persons specifically requesting notice. The project site was posted in more than two locations with the notification on that same date.
11. ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 (Class 1 - Existing Facilities) because the project involves no expansion of use and reduces the use by eliminating the interior mall space. The proposed project is also categorically exempt per Section 15302 (Class 2 - Replacement or Reconstruction), because the Project removes the existing interior mall space, but needs no reconstruction except for exterior wall treatment for remaining structures.
The project would not trigger any exceptions of State CEQA Guidelines 15300.2 based on location, cumulative impacts, significant effects, location near a scenic highway, location on a hazardous waste site, or causing substantial adverse change to a historical resource because the project is not on an environmentally sensitive site, does not contribute to cumulative impacts, will not have a significant effect on the environment, is not near a scenic highway, is not on a hazardous waste site, and is not a historical resources site. No environmental public review is required.
Supplemental justification for the categorical exemption is based upon a noise and vibration analysis, and air quality analysis prepared for this project.
12. STAFF RECOMMENDATION AND REQUIRED FINDINGS
Findings for DRC applications come from four sources:
• The Orange Municipal Code
• The Infill Residential Design Guidelines
• The Historic Preservation Design Standards for Old Towne (commonly referred to the Old Towne Design Standards or OTDS)
• Orange Eichler Design Standards (or OEDS)
The Findings are applied as appropriate to each project. Based on the following Findings and statements in support of such Findings, staff recommends the DRC approve the project with recommended conditions.
• The project design upholds community aesthetics through the use of an internally consistent, integrated design theme and is consistent with all adopted specific plans, applicable design standards, and their required findings (OMC 17.10.07.G.3).
The walls of the structures exposed after demolition of the mall core will be architecturally treated in a manner that matches the colors, texture, and material of the contiguous surfaces of the buildings. Landscape and fencing enhancements to the site will be architecturally integrated for their security purpose with irrigation to support healthy landscape growth.
13. CONDITIONS
The approval of this project is subject to the following conditions:
1. This project is approved as a precise plan. All work shall conform in substance and be maintained in general conformance with the plans (date stamped approved June 5, 2024, and in the project case file), including modifications required by the conditions of approval, and as recommended for approval by the Design Review Committee. Any changes from the approved plans shall be subject to subsequent review and approval by the Design Review Committee.
2. After any application has been approved, if changes are proposed regarding the location or alteration of any use or structure, a changed plan may be submitted to the Community Development Director for approval. If the Community Development Director determines that the proposed change complies with the provisions and the spirit and intent of the approval action, and that the action would have been the same for the changed plan as for the approved plan, the Community Development Director may approve the changed plan without requiring a new public meeting.
3. The applicant agrees, as a condition of City’s approval of Design Review No. 5131-23, to indemnify, defend, and hold harmless, at applicant’s expense, the City, its officers, agents, and employees (“City”) from and against any claim, action or proceeding brought against the City, including, but not limited to, any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the City’s approval, to challenge the determination made by the City under the California Environmental Quality Act (“CEQA”) or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify applicant of any such claim, action or proceeding to which the City receives notice and to cooperate fully with the applicant in the defense thereof. Applicant shall reimburse the City for any and all costs and expenses, including, but not limited to, court costs and attorney’s fees that the City may be required to pay, including any expenses ordered by a court or expenses incurred through the Office of the City Attorney in connection with said claim, action or proceeding. City may, in its sole discretion, participate in the defense of any claim, action or proceeding but such participation shall not relieve applicant of the obligations of this condition. In the event the applicant is required to defend City in connection with such claim, action or proceeding, City shall have the right to approve counsel to so defend the City, approve all significant decisions concerning the manner in which the defense is conducted and approve any all settlements, which approval(s) shall not be unreasonably withheld. The obligations set forth herein remain in full force and effect throughout all stages of litigation including any and all appeals of any lower court judgment rendered in the proceeding. Further, applicant agrees to indemnify, defend and hold harmless the City for all costs and expenses incurred in enforcing this provision.
4. The applicant shall comply with all federal, state, and local laws, including all City regulations. Violation of any of those laws in connection with the use may be cause for revocation of this permit.
5. The final approved conditions of approval shall be reprinted on the first or second page of the construction documents when submitting to the Building Division for the plan check process.
6. Construction permits shall be obtained for all future construction work, as required by the City of Orange, Building Division. Failure to obtain the required building permits will be cause for revocation of this permit.
7. Design Review No. 5131-23 shall become void if not vested within two years from the date of approval. Time extensions may be granted for up to one year, pursuant to OMC Section 17.08.060.
8. All unused services shall be abandoned at the mainline per Water Division standards.
9. Prior to building permit issuance, the applicant shall submit improvement plans to the Water Division for review and approval for any new fire hydrants, domestic water services, fire services, landscape services, and any other proposed improvements or relocations affecting the public water system facilities.
10. Prior to the issuance of any grading permit, the applicant shall construct all public and/or private improvements to the satisfaction of the Water Division. The applicant may be required to enter into an agreement with the City of Orange, and post security in a form and amount acceptable to the City Engineer and/or Water Division to ensure construction of said improvements.
11. Prior to building permit issuance, the applicant shall be responsible for the installation and/or relocation of the proposed or existing public water system facilities to a location and of a design per the improvement plans approved by the Water Division.
12. Prior to issuance of the certificate of occupancy, the applicant shall be responsible for the installation of necessary fire hydrants and fire services as approved by the Fire Department and Water Division.
13. Prior to building permit issuance, the Water Division shall approve the type and location of landscaping and fire service (backflow prevention) device for proposed City services.
14. Prior to building permit issuance, construction documents shall show that a six foot minimum horizontal clearance and a one foot minimum vertical clearance would be maintained between City water mains, laterals, services, meters, fire hydrants and all other utilities except sewer. The Water Division shall review and approve the construction documents.
15. Prior to building permit issuance, construction documents shall show that an eight-foot minimum clearance is provided between City water mains, laterals, services, meters, fire hydrants, signs, or trees or other substantial shrubs and plants as required by the Water Division. The Water Division shall review and approve the construction documents.
16. Prior to building permit issuance, construction documents shall show that permanent signs, awning, surface water quality management features or other structures are not built over water mains, laterals, services, meters, or fire hydrants as required by the Water Division.
17. Prior to building permit issuance for the first phase of work, the applicant shall be responsible for obtaining approval all of the necessary encroachment permits from affected agencies for all public water construction work.
18. Prior to approval of a water improvement plan, the applicant shall satisfy all water main connection, plan check, and inspections charges as determined by the Water Division.
19. Plans submitted during plan check shall show that the water improvement plans are consistent with the fire suppression plans and or fire master plan. The applicant’s consultant preparing the water improvement plans shall coordinate their plans with the consultant preparing the fire suppression plans and/or fire master plan so that their designs concur.
20. Plans submitted during plan check shall show that the minimum separation requirements are met and that each of the various designer’s plan sets match. The applicant’s consultant preparing the improvement and utility plans shall coordinate their plans with the consultants preparing the landscape, architectural, surface water quality management, fire master and/or fire suppression plans so that their designs are consistent.
21. At least fourteen calendar days prior to commencing construction, the applicant’s civil engineer shall prepare and provide product material submittals consistent with the water improvement plans for all proposed public water system facilities to the Water Division per the City of Orange General Water Construction Notes for review and approval.
22. Plans submitted for Building Plan Review shall comply with the California Fire Code as amended by the City and as frequently amended and in effect at the time of application for Building Permit. Onsite fire department access will require easement recording prior to issuance of Building Demolition Permit and shall be reviewed by Fire prior to approval.
23. Coordinate with Grading/Subdivision and review the Orange County Construction Runoff Guidance Manual (OC CRGM), at a minimum, for control measures for Erosion and Sediment risk. Perimeter controls, soil stabilization, and other measures must be relied upon to reduce and eliminate storm water runoff/any discharges from the site.
24. Compliance with the Orange Municipal Code (OMC) Chapter 7 - Environment must occur at all times.
25. If the site is exposing soils greater than 1 acre, compliance with the State of California’s Construction General Permit is required. The requirements for permit compliance will supersede the minimums discussed in the OC CRGM; however, in all cases, the site shall be stabilized following active grading and so long as it remains in any interim condition.
14. ATTACHMENTS
• Attachment 1 - Vicinity Map
• Attachment 2 - Letter of Explanation
• Attachment 3 - Project Plans
• Attachment 4 - Photographs