Loading...
RES-11101 Approval of Negative DeclarationRESOLUTION NO. 11101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING MITIGATED NEGATIVE DECLARATION NO. 1855 -17 AND ASSOCIATED MITIGATION MONITORING AND REPORTING PROGRAM, TENTATIVE TRACT MAP NO. 0045 -17, MAJOR SITE PLAN REVIEW NO. 0906 -17, AND DESIGN REVIEW NO. 4914 -17 FOR A NEW 727 UNIT (653 APARTMENTS AND 74 TOWNHOMES) MULTI - FAMILY RESIDENTIAL DEVELOPMENT AT 702 -1078 WEST TOWN AND COUNTRY ROAD. APPLICANT: FF REALTY III, LLC — TREVOR BOUCHER WHEREAS, applications for Mitigated Negative Declaration No. 1855 -17, Tentative Tract Map No. 0045 -17, Major Site Plan Review No. 0906 -17, and Design Review No. 4914 -17, were filed by FF Realty III, LLC in accordance with the provisions of the City of the Orange Municipal Code; and WHEREAS, Mitigated Negative Declaration No. 1855 -17, Tentative Tract Map No. 0045- 17, Major Site Plan Review No. 0906 -17, and Design Review No. 4914 -17, filed by FF Realty III, LLC, were processed in the time and manner prescribed by state and local law; and WHEREAS, Mitigated Negative Declaration No. 1855 -17 was prepared to evaluate the physical environmental impacts of the project, in conformance with the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15070 and in conformance with the Local CEQA Guidelines. Mitigated Negative Declaration No. 1855 -17 finds that the project will have less than significant impacts to the environment, with the implementation of conditions and mitigation measures; and WHEREAS, a Notice of Intent to Adopt Mitigated Negative Declaration No. 1855 -17 was published on March 21, 2018, and was made available for a 20 day public review and comment period from March 21, 2018, to April 10, 2018, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; and WHEREAS, the Streamlined, Multi- Disciplined, Accelerated Review Team (SMART) considered the formal applications along with plans and technical reports on May 3, 2017, October 11, 2017, October 25, 2017, February 21, 2018, and on March 16, 2018, and recommended approval of the proposal subject to conditions; and WHEREAS, the Design Review Committee preliminarily reviewed the proposal on August 2, 2017 and September 20, 2017. On April 4, 2018 the Design Review Committee recommended approval to the Planning Commission, with conditions, by a vote of 5 -0, which have been included in the resolution; and WHEREAS, the Planning Commission conducted a duly advertised public meeting on May 21, 2018, at which time interested persons had an opportunity to testify either in support of or opposition to Mitigated Negative Declaration No. 1855 -17, Tentative Tract Map No. 0045 -17, Major Site Plan Review No. 0906 -17, and Design Review No. 4914 -17, and recommended City Council approval of the project, with conditions; and WHEREAS, the City Council conducted a duly advertised public meeting on June 12, 2018, at which time interested persons had an opportunity to testify either in support of or opposition to Mitigated Negative Declaration No. 1855 -17, Tentative Tract Map No. 0045 -17, Major Site Plan Review No. 0906 -17, and Design Review No. 4914 -17 upon property described as in Attachment 1. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby approves the following: SECTION 1— ENVIRONMENTAL REVIEW Mitigated Negative Declaration No. 1855 -17 has been prepared for this project to evaluate the physical environmental impacts of the project, in conformance with the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15070 and in conformance with the Local CEQA Guidelines. The City Council finds and determines that the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program contain an adequate assessment of the potential environmental impacts of the proposed project. The City Council finds that the project will have less than significant impacts to the environment, with the implementation of conditions and mitigation measures addressing potential impacts to Transportation/Traffic, Cultural Resources, Tribal Cultural Resources, Air Quality, Geology /Soils, and Noise included in the Mitigated Negative Declaration. SECTION 2 — FINDINGS General Plan 1. The project must be consistent with the goals and policies stated within the City's General Plan. The project achieves multiple goals of the General Plan. The project transforms and revitalizes an underutilized commercial property with a high- density multi - family residential development that integrates with adjacent commercial and office uses. The project provides architecture and landscape design that emphasizes pedestrian orientation and safe and convenient access between uses. The project also implements the objectives of the Urban Mixed Use General Plan land use designation, by expanding the opportunities for citizens to live, work and meet other daily needs conveniently. The project supports the goals of the City's Housing Element by bringing forward housing that increases the inventory of housing and diversifying the housing types available in the community. The project is also being developed Resolution No. 11101 2 at a density level that provides associated rental rates that meet the City's workforce housing needs. The creation of infill housing is consistent with Housing Element Policy Action 7. The streetscape and sidewalk improvements included in the project address the goals of the Circulation and Mobility Element by facilitating pedestrian activity and connections between major institutional, commercial, office, and entertainment destinations. The project also provides dense housing in proximity to Main Street, which is a major transit corridor, bus service, and the Santiago Creek Bike Trail, which is a Class I (off - street) bike way located to the southeast. These factors contribute to the City's development of a multi -modal transportation network. Finally, providing housing in proximity to employment, services, and transit also supports the Natural Resources Element by establishing more efficient relationships between land uses that encourage multi -modal travel and reduced dependence on traditional auto travel and associated vehicle trips in pursuit of reduced air pollution emissions. Tentative Parcel Map 1. The proposed division of land complies with all requirements of the Subdivision Map Act and Title 16, Subdivisions, of the Orange Municipal Code, and all other resolutions and ordinances of this City, including, but not limited to, requirements concerning area, improvements and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, public safety facilities and environmental protection. The proposed Tentative Tract Map for Condominium Purposes complies with the requirements of the Subdivision Map Act and Title 16, Subdivisions, of the Orange Municipal Code and all other resolutions and ordinances of this City. The Tentative Tract Map for Condominium Purposes proposes to subdivide the property into three parcels with reciprocal easements linking them for purposes of shared access and open space, and to create a single lot subdivision for Parcel 3 (Townhomes), with established common and exclusive use areas. The reciprocal easements are for vehicular and pedestrian access between Parcel 1, Parcel 2 and Lawson Way, a drive aisle, and pedestrian walkway access over Parcels 1, 2, and 3, paseo pedestrian access between Parcel 1 and Parcel 2, ingress /egress, storm water mainline, utilities, waste, water quality features, emergency access to Parcels 1, 2 and 3, landscape and irrigation, and shared maintenance responsibilities. Site planning requirements related to area, improvements and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, public safety facilities and environmental protection have been addressed either via project design components shown on the proposed plans or through conditions of approval. Therefore, the project meets this finding. Major Site Plan 1. The project design is compatible with surrounding development and neighborhoods. The project area south of SR -22 along Town and Country Road is developed with new high density multi - family residential development, mid -rise office buildings, senior housing and commercial retail uses. The modern urban design and scale of the proposed project are Resolution No. 11101 3 compatible with the eclectic character of the area and scale of surrounding buildings and arterial streets. The streetscape improvements, including two plaza areas, are intended to provide a friendly pedestrian- oriented interface with the sidewalk for existing and anticipated patterns of pedestrian activity in the area and encourage pedestrian linkage between the project and surrounding uses. 2. The project conforms to City development standards and any applicable special design guidelines or specific plan requirements. The proposed development conforms to City development standards, except for parking. The parking deficiency would be addressed through the approval of Administrative Adjustment No. 0253 -17, which would allow for a 66 space (5 %) reduction in the required parking for the apartments (Buildings A and B). The project site is not subject to any City design guidelines or specific plans. 3. The project provides for safe and adequate vehicular and pedestrian circulation, both on- and off -site. The property will be subdivided into three parcels, with reciprocal easements linking them for purposes of shared access and open space. There will be a shared drive aisle located along the south property line that will provide vehicular access to Building B, emergency vehicle access to Parcels 1, 2, and 3, and waste, utility, and other services access for all three parcels. Also provided along this shared drive aisle is pedestrian access for Buildings A and B. In addition, there will be shared paseo pedestrian access in the common open area between Buildings A and B. Vehicular access points have been designed to ensure safe circulation conditions. The project incorporates streetscape improvements that reinforce the quality and safety of the pedestrian experience. With adoption of Conditions of Approval and mitigation measures, the proposed project provides for safe and adequate circulation. 4. City services are available and adequate to serve the project. As evaluated in Mitigated Negative Declaration No. 1855 -17, the proposed project will result in less than significant impacts to police, fire, recreation and or park services. The project incorporates design features that address Code requirements and building and infrastructure systems that maximize safety and ensure adequate utility services to the site. The applicant will be subject to payment of impact fees associated with schools, parks, libraries, sewer, and Sanitation District fees. 5. The project has been designed to fully mitigate or substantially minimize adverse environmental effects. The proposed project includes project design features that minimize potential adverse impacts to Transportation/Traffic, Air Quality, Cultural Resources, Tribal Cultural Resources, Geology /Soils, and Noise. Mitigation Measures are also included in the Mitigated Negative Declaration and are incorporated into the Conditions of Approval. Resolution No. 11101 4 Design Review Committee 1. In the Old Towne Historic District, the proposed work conforms to the prescriptive standards and design criteria referenced and /or recommended by the DRC or other reviewing body for the project (OMC 17.10.070. F. 1). This project site is not within the Old Towne Historic District; therefore, this finding does not apply. 2. In any National Register Historic District, the proposed work complies with the Secretary of the Interior's standards and guidelines (OMC 17.10.07.F.2). This project site is not within the National Register Historic District; therefore, this finding does not apply. 3. The project design upholds community aesthetics through the use of an internally consistent, integrated design theme and is consistent with all adopted specific plans, applicable design standards, and their required findings (OMC 17.10.07. F. 3). The project is neither located in a specific plan area nor an area of the City subject to design standards. The south Main Street corridor area south of SR -22 and along Town and Country Road, is characterized by an eclectic mix of contemporary architectural styles consisting of mid -rise office, senior housing, multi - family residential (Meridian Apartments and apartments located within the City of Santa Ana), and commercial retail uses. The architecture and landscape design of the proposed project will revitalize the urban fabric by replacing an existing, dated two -story office complex and surface parking lot with a distinctive, larger scale, contemporary, residential development that is in scale and integrates with surrounding development along Lawson Way, Town and Country Road, and Parker Street. The project provides varied and articulated building elevations and streetscape enhancements that provide an appealing pedestrian environment to encourage pedestrian activity and linkage between the project and surrounding office, retail and residential uses. 4. For infill residential development, as specified in the City of Orange Infill Residential Design Guidelines, the new structure(s) or addition are compatible with the scale, massing, orientation, and articulation of the surrounding development and will preserve or enhance existing neighborhood character (OMC 17.10.07. F. 4). This project is not an infill residential development subject to the City's Infill Residential Design Guidelines; therefore, this finding does not apply. SECTION 3— CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed with approval: Resolution No. 11101 General 1. Project approval is subject to City Council approval of Administrative Adjustment No. 0253- 17, to allow for a 66 -space reduction in required parking for Buildings A and B. 2. Property owner shall submit a letter to the City relinquishing all prior land use entitlements for the site. 3. Prior to the issuance of building permits, the applicant shall record a covenant in the office of the Orange County Recorder and submitted to the Community Development Department that limits the number of residential units constructed on Parcel 3 (Townhomes) not to exceed 74 units (20 dwelling units /acre). The covenant shall be approved by the City Attorney as to form and content prior to recording in the office of the Orange County Recorder. 4. The project shall conform in substance and be maintained in general conformance with plans and exhibits date stamped May 9, 2018 including any modifications required by conditions of approval, and as recommended for approval by the Planning Commission. Any future expansion in area or in the nature and operation of the use approved by Mitigated Negative Declaration No. 1855 -17, Tentative Tract Map No. 0045 -17, Major Site Plan Review No. 0906 -17, and Design Review No. 4914 -17 shall require an application for a new or amended Site Plan Review. 5. The project shall conform in substance and be maintained in general conformance with plans and exhibits date stamped May 9, 2018. Any future changes to the project's architectural or site design features approved by Mitigated Negative Declaration No. 1855 -17, Tentative Tract Map No. 0045 -17, Major Site Plan Review No. 0906 -17, and Design Review No. 4914 -17 shall require an application for a new or amended Design Review. 6. These conditions shall be reprinted on the second page of the construction documents when submitted to the Building Division for the plan check process. 7. Within two days of final approval of this project, the applicant shall deliver to the Planning Division a cashier's check payable to the Orange County Clerk in an amount required to fulfill the fee requirements of Fish and Game Code Section 711.4(d) (2) and the County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code 21152 14 Cal. Code Regulations 15075. If it is determined that there will be no impact upon wildlife resources, the fee shall be as required based on the current fee schedule. 8. Within two days of final approval of this project, the applicant shall submit a $3,000.00 deposit to the Planning Division for the Mitigation Monitoring and Reporting Program. Time spent by City staff to complete the project will be charged to the applicant. When more than 50% of the deposit has been credited toward hourly services provided, the applicant will be billed directly for actual time spent on the project. At the completion of the project, a final accounting of deposit posted and amounts charged toward the project will be calculated and any charges due to the City or refunds due to the applicant will be processed. Resolution No. 11101 6 9. The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents and employees from any and all liability or claims that may be brought against the City arising out of its approval of this permits, save and except that caused by the City's active negligence. The City shall promptly notify the applicant of any such claim, action, or proceedings and shall cooperate fully in the defense. 10. 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 will be cause for revocation of this permit. 11. Mitigated Negative Declaration No. 1855 -17, Tentative Tract Map No. 0045 -17, Major Site Plan Review No. 0906 -17, and Design Review No. 4914 -17 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. 12. Any modifications to the plans including, but not limited to, the landscaping and parking as a result of other Department requirements such as Building Codes, water quality, Fire, or Police shall be submitted for review and approval to the Community Development Director or designee. Should the modifications be considered substantial, the modifications shall be reviewed and approved by the Planning Commission. 13. Except as otherwise provided herein, this project is approved as a precise plan. After any application has been approved, if changes are proposed regarding the location or alteration of any use or structure, a changed plan may be submitted to the Community Development Director for approval. If the Community Development Director determines that the proposed change complies with the provisions and the spirit and intent of the approval action, and that the action would have been the same for the changed plan as for the approved plan, the Community Development Director may approve the changed plan without requiring a new public hearing. 14. The project approval includes certain fees and/or other exactions. Pursuant to Government Code Section 66020, these conditions or requirements constitute written notice of the fees and/or exactions. The applicant is hereby notified that the ninety (90) day protest period commencing from the date of approval of the project has begun. If the applicant fails to file a protest regarding these conditions or requirements, the applicant is legally barred from later challenging such exactions per Government Code Section 66020. 15. Building permits shall be obtained for all construction work, as required by the City of Orange, Community Development Department's Building Division. Failure to obtain the required building permits may be cause for revocation of this entitlement. 16. Prior to issuance of building permits for each parcel, the applicant shall pay all applicable development fees, including but not limited to: City sewer connection, Orange County Sanitation District Connection Fee, Transportation System Improvement Program, Fire Facility, Police Facility, Park Acquisition, Sanitation District, and School District, as required. Resolution No. 11101 17. Prior to the submittal of plans into building plan check and prior to issuance of building permits, the applicant shall return before the Design Review Committee with final landscape /Irrigation and lighting plans, Final Sign Package, and metal panel materials for Building A for review and approval by the Design Review Committee. 18. Grading operations shall be restricted to Monday through Friday between the hours of 7:30 AM and 5:00 PM, with limited grading as necessary permitted on Saturdays between the hours of 8:00 AM and 4:30 PM. Mechanics may service the equipment up to two hours after each shift. 19. All other construction activities shall conform to the City's Noise Ordinance, OMC Section 8.24, and shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday through Saturday. No construction activity will be permitted on Sundays and Federal holidays. 20. All project Mitigation Measures and Project Design Features shall be complied with and implemented as stated in the Mitigation Monitoring Report located in Mitigated Negative Declaration No. 1855 -17. 21. Prior to issuance of a Certificate of Occupancy for each parcel, all landscaping improvements shall be completed according to the approved plans and to the satisfaction of the Community Development Director. 22. Any new lighting on the premise shall be installed in such a way to direct, control, and screen the lighting to prevent off site light spillage onto adjoining properties and shall not be a nuisance to any point beyond the exterior boundaries of the property. Prior to issuance of a Certificate of Occupancy, the applicant shall contact the Orange Police Crime Prevention Bureau and set an appointment on -site to test all lighting to ensure it meets OMC standards. 23. Subsequent modifications to the approved architecture and color scheme shall be submitted for review and approval to the Community Development Director or designee. Should the modifications be considered substantial, the modifications shall be reviewed and approved by the Design Review Committee. 24. Prior to building permit issuance, the applicant shall demonstrate to the satisfaction of the Community Development Director that all mechanical and air conditioning equipment shall be shielded and screened from view from adjacent streets and properties. The screening shall be integrated architecturally with the building. 25. Final landscape and irrigation plans shall include a planting legend that provides a symbol and name, quantity and size for plant material and more detail indicating plant placement, location and spacing on plan. 26. All landscape areas shall be maintained in a neat and healthy condition. Should the plant material die, the property owner /operator shall replace it with new plant material. Resolution No. 11101 27. Prior to building permit issuance, final landscaping plans for the project shall be designed to comply with the City's Water Efficient Landscape Guidelines as described in Section IX et al of the City of Orange Landscape Standards and Specifications. 28. The final landscape plan shall include a note that a fully automated irrigation system will be provided. The landscape and irrigation design shall include the Calsense irrigation control system or equivalent including remote communication, flow sensor and master value components. The median landscape design shall also comply with the City's Landscape Water Efficiency Ordinance (OMC 16.50.040). 29. Prior to building permit issuance, City required irrigation and landscape inspection notes shall be placed on the final landscape plan, to the satisfaction of the Community Services Director. 30. Prior to issuance of building permits, landscape plans shall include landscape area calculations needed for State landscape water use reporting. 31. All glass incorporated in the building facades shall be either low reflectivity or have a non- glare coating and buildings shall be constructed with materials that have minimal potential for generating glare, and comply with Title 24 energy requirements. 32. Prior to issuance of certificate of occupancy, the applicant shall demonstrate that the Covenants, Conditions and Restrictions (CC &R' S) for the townhomes shall incorporate a requirement, subject to the review and approval of the City Attorney and Community Development Director, that all garages are to have space available to park two vehicles at all times, and shall not be used for storage for the housing unit. Storage shall consist of the 120 cubic feet required by the Orange Municipal Code. 33. Prior to issuance of certificate of occupancy, the applicant shall demonstrate to the Community Development Director that no fees shall be charged to tenants of apartment buildings A and B for parking or storage. 34. Prior to building permit issuance, the applicant shall identity the precise location of existing walls proposed for demolition. If the location of the existing wall slated for demolition is wholly or partially upon an adjacent property, the applicant shall secure the property owner(s) approval to demolish and replace the wall. The applicant will be responsible for any site repairs to walls damaged through demolition activity. 35. Language shall be included in the Covenants, Conditions and Restrictions (CC &Rs) for the project designating public access across the corner plazas located on the northeast and northwest corners of the townhome parcel. 36. In conjunction with the operation of the project, the property owner shall be responsible to maintain the property to a level deemed adequate by the Community Development Director or their designee. This includes, but is not limited to, the buildings, landscape on -site, recreational facilities, trash areas, signage, utilities, property walls, and gates. Any graffiti on the property Resolution No. 11101 shall be removed within 72 hours from the time the City of Orange Notice of Violation is received by the applicant/property owner. 37. Prior to City approval of the landscape plans, the applicant shall review the approved Water Quality Management Plan (WQMP) and ensure the proposed landscape plans are consistent with the project grading plans and show the proposed structural storm water treatment Best Management Practices incorporated into the project. 38. At the time of building permit plan check, the parking structures will be required to meet all Crime Prevention through Environmental Design (CPTED) standards as adopted by the City of Orange Police Department. 39. Prior to the issuance of building permits, the Applicant shall provide proof of submittal of a construction management plan to the Department of Transportation (Caltrans) for review and concurrence because of the project's close proximity to the State Route 22. 40. Prior to issuance of building permits, the Applicant shall provide proof of submittal of the project's traffic study to the Department of Transportation (Caltrans). Fire Department 41. Plans submitted for Building Plan Check 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. Police Department: 42. Prior to building permit issuance, construction plans shall show that all structures shall comply with the requirements of Orange Municipal Code (OMC), Chapter 15.52 Building Security Standards, which relates to the use of specific hardware, doors, windows, lighting, etc. Architectural drawings shall include sections of the Ordinance that apply under "Security Notes ". An "Approved Products List 1/08" of hardware, windows, etc. is available upon request. 43. Security and design measures that employ Defensible Space concepts shall be utilized in development and construction plans as described in the City of Orange Building Security Guidelines. These measures incorporate the concepts of Crime Prevention through Environmental Design (CPTED), which involves consideration such as placement and orientation of structures, access and visibility of common areas, placement of doors, windows, addressing and landscaping. 44. The applicant shall install full coverage wrought iron opaque gates, or other similar type gates as approved by Crime Prevention Staff, at each entrance into the residential parking structures to limit access for vehicle and pedestrian traffic. 45. Landscape design shall avoid dense plantings immediately adjacent to buildings to reduce hiding places. Resolution No. 11101 10 46. Elevators shall be sized adequately to discourage hiding places and that include view panels. 47. Elevator towers shall be designed to enhance visibility into the elevator cabs and help reduce criminal activity. 48. Alcoves are discouraged, but when necessary, they shall be limited to 12 inches to avoid creation of hiding places. 49. Parking structure design shall maximizes visibility and natural surveillance through the use of open stairwells, reflective material, increased lighting ( IESNA standards), limited use of interior shear walls and stained white concrete parking structure interiors (walls, columns and ceilings). 50. Trash room doors shall include view panels for increased visibility into the space. 51. There shall be positioned at each entrance of a multiple family dwelling complex an illuminated diagrammatic representation of the complex which shows the location of the viewer and the unit designations within the complex (OMC 15.52.080 B2). 52. Building design shall strive to incorporate windows on all sides to provide opportunities for observation of outdoor activities into courtyards and activity centers. 53. The City of Orange Building Security Standards (OMC Section 15.52) and Building Security Guidelines shall be utilized on the project and will include requirements for doors, door hardware, lighting, addressing, landscaping, window and construction site security. 54. A construction site security plan shall be submitted to the Orange Police Department Crime Prevention Bureau prior to the start of construction. 55. An address and photometric lighting plan shall be submitted to the City of Orange Crime Prevention Bureau for approval prior to submittal of building plans for plan check. 56. Applicant shall provide a photometric survey of all levels of the parking structure, including the stairways showing compliance with City of Orange Building Security Standards (OMC Section 15.52) and IESNA standards (3 -5 foot - candles minimum maintained at ground). Interior walls shall be of a light color stain or paint to increase uniformity and reflective light. 57. Stairwells serving the facility shall be open and offer maximum visibility. Shear walls within the structure should be limited due to the lack of visibility and creation of concealed areas (if applicable). 58. Provide clearly visible illuminated addresses on the north and south side elevations of the structures which is a minimum of 12 inches in height and contrasting color to the structure's facade. 59. The parking structure should be of open design and it is recommended that the height between the floor surface and the ceiling level be at least 8' 6" throughout the parking structure. The Resolution No. 11101 11 8' 6" height provides a much greater feeling of space and safety. Avoid architectural designs that provide hiding places where individuals could easily conceal themselves. 60. Any hollow metal doors within the structure shall be of 16 -gauge steel, with NRP's and is required to have an approved deadbolt lock. 61. Landscaping shall be maintained to reduce hiding places and allow easy surveillance into the parking structure (bushes no higher than 3 feet and trees trimmed up from the ground no lower than 6 feet). 62. All residential dwellings shall display a street number in a prominent location on the street side of the residence in such a position that the number is easily visible to approaching emergency vehicles. The numerals shall be no less than four inches in height and shall be of a contrasting color to the background to which they are attached. 63. Prior to issuance of Certificate of Occupancy, the applicant shall schedule a light reading inspection with the Crime Prevention Bureau. The lighting shall be tested and confirmed to determine if the lighting meets or exceeds the exterior boundary standards. The applicant shall use shielding so as to ensure that the light standards meet the requirements of OMC Section 17.12.030 for the areas beyond the property's exterior boundaries; light spillage or pollution to surrounding residential areas shall not exceed a maintained minimum of 0.5 foot - candle. Water OuaH 64. Prior to the issuance of any grading permits the applicant shall submit a Priority Project WQMP for review and approval to the Public Works Department that: a. Prioritizes the use of Low Impact Development principles as follows: preserves natural features; minimizes runoff and reduces impervious surfaces; and utilizes infiltration of runoff as the method of pollutant treatment. Infiltration BMPs to be considered include the use of permeable materials such as concrete and concrete pavers, infiltration trenches, infiltration planters, and other infiltration BMPs as applicable, b. Incorporates the applicable Routine Source and Structural Control and Low Impact BMPs as defined in the Model Water Quality Management Plan and Technical Guidance Document, c. Maintains the hydrologic characteristics of the site by matching time of concentration, runoff, velocity, volume and hydrograph for a 2 -year storm event, d. Minimizes the potential increase in downstream erosion and avoids downstream impacts to physical structures, aquatic and riparian habitat, e. Generally describes the long -term operation and maintenance requirements for structural and Treatment Control BMPs, Resolution No. 11101 12 f. Identifies the entity or employees that will be responsible for long -term operation, maintenance, repair and or replacement of the structural and Treatment Control BMPs and the training that qualifies them to operate and maintain the BMPs, g. Describes the mechanism for funding the long -term operation and maintenance of all structural and Treatment Control BMPs, h. Includes a copy of the forms to be used in conducting maintenance and inspection activities, i. Meets recordkeeping requirements (forms to be kept for 5 years). j. Includes a copy of the form to be submitted annually by the project owner to the Public Works Department that certifies that the project's structural and treatment BMPs are being inspected and maintained in accordance with the project's WQMP. 65. Prior to the issuance of certificates for use of occupancy, the applicant shall demonstrate the following to the Public Works Department: a. That all structural and treatment control best management practices (BMPs) described in the Project WQMP have been constructed and installed in conformance with the approved plans and specifications, b. That the applicant is prepared to implement all non- structural BMPs described in the Project WQMP, c. That an adequate number of copies of the project's approved final Project WQMP are available for the future occupiers. 66. Prior to the issuance of certificates for use of occupancy or final signoff by the Public Works Department, the applicant shall demonstrate to the satisfaction of Public Works, that the preparer of the WQMP has reviewed the BMP maintenance requirements in Section V of the WQMP with the responsible person and that a copy of the WQMP has been provided to that person. A certification letter from the WQMP preparer may be used to satisfy this condition. 67. Prior to issuance of building permits, the applicant shall review the approved Water Quality Management Plan (WQMP) and grading plan to ensure the structure's downspouts or drainage outlet locations are consistent with those documents. Copies of the building or architectural plans specifically showing the downspouts and drainage outlets shall be submitted to the Public Works Department for review. 68. The project applicant shall maintain all structural, treatment and low impact development BMPs at the frequency specified in the approved WQMP. Upon transfer of ownership or management responsibilities for the project site, the applicant shall notify the City of Orange Public Works Department of the new person(s) or entity responsible for maintenance of the BMPs. Resolution No. 11101 13 69. For those projects with Covenants, Conditions and Restrictions (CC &Rs): Prior to recordation of the final map, a copy of the project's CC &Rs shall be provided to the Public Works Department for review and approval that includes requirements for maintenance and funding of the project's structural and treatment water quality best management practices as approved by the City in the project's WQMP. 70. Prior to City approval of the landscape plans, the applicant shall review the approved Water Quality Management Plan to ensure the proposed landscape plans are consistent with the project grading plans and that they show the proposed storm water infiltration devices and other treatment BMP's affecting landscaping areas. A copy of the proposed landscape plans shall be submitted to the Public Works Surface Water Quality Section for review and comments. 71. Prior to the issuance of a grading permit (including grubbing, clearing, surface mining or paving permits as appropriate) the applicant shall demonstrate that coverage has been obtained under the State's General Permit for Storm water Discharges Associated with Construction Activity (General Construction Permit) by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing. A copy of the current SWPPP required by the General Permit shall be kept at the project site and be available for review by City representatives upon request. Water Division 72. At minimum, the proposed water main running along the south boundary of the development shall be 12 inch DIP. 73. Applicant shall show an easement around proposed backflow devices that extends a minimum of three feet clear around the assemblies on the Tentative Tract Map, prior to next plan submittal. 74. Applicant shall show easement around proposed public fire hydrants that extends a minimum of five feet clear around the assemblies on the Tentative Tract Map and the plans prior to next plan submittal. 75. All proposed private lateral services including fire hydrant lateral service shall be installed after a City of Orange Water Division approved backflow device and an easement of minimum of three feet clear around the backflow device is required. 76. 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. 77. To meet the required fire flow demands, commercial and industrial areas with 6 -inch diameter water mains or smaller shall be upgraded to 10 or 12 -inch diameter water mains. Similarly, in Resolution No. 11101 14 residential areas, 4 -inch diameter water mains shall be upgraded to 8 -inch diameter water mains. 78. 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. 79. 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. 80. Prior to building permit issuance, the Water Division shall approve the type and location of landscaping and fire service (detector check) device for proposed City services. 81. Prior to building permit issuance, construction documents shall show a minimum twenty -foot 20') separation from the public water system facilities to the proposed /existing buildings and structures per the City of Orange Standard Location Of Undergrounding Utilities Standard and as approved by the Water Division. 82. Prior to building permit issuance, construction documents shall show that the installation of sewer mains in the vicinity of water mains is done per the Department of Public Works Water Division Standard No. 113 and will be approved by the Water Division. 83. 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. 84. 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. 85. 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. 86. Prior to building permit issuance, construction documents shall show that each building will be metered separately unless otherwise approved by the Water Division. 87. 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. 88. 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. Resolution No. 11101 15 89. Prior to approval of the water improvement plan, the applicant shall satisfy all water construction bond requirements for the installation of the public water system improvements as determined by the Water Division. 90. Prior to approval of the water improvement plan, the applicant shall furnish a dedicated and graded fifteen -foot (15) minimum unencumbered access and utility easement that will be contiguous to an existing City right -of -way and/or easements as determined by the Water Division for all existing City water facilities that will remain and all proposed City water facilities, including main meters, detector checks and fire hydrants. The applicant shall enter into a Grant of Easement and Agreement with the City of Orange as approved by the Water Division. 91. Prior to the issuance of any building 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. 92. 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. 93. 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. 94. Prior to issuance of precise grading permits, the applicant shall submit a groundwater survey of the entire site to the Water Division for review and approval. The analysis shall be prepared by a geotechnical engineer versed in groundwater analysis and shall include the following information and analysis: a. Potential for perched groundwater intrusion into the shallow groundwater zone upon built - out. b. Analysis for relief of groundwater buildup and properties of soil materials on -site. c. Impact of groundwater potential on building and structural foundations. d. Proposed mitigation to avoid potential for groundwater intrusion within five feet of the bottom of the footings. Resolution No. 11101 16 95. 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. 96. Prior to issuance of certificate of occupancy, the applicant shall furnish and install individual pressure regulators on new services where the incoming pressure exceeds eighty - pounds per square inch. 97. Prior to the issuance of a certificate of occupancy, the applicant shall furnish two keys, key cards, and/or remote operated keys to the Water Division for locked entrances in order to provide necessary access to public water system facilities within the locked area, unless otherwise approved by the Water Division. Subdivision 98. Finished floor elevations shall have 1 -foot freeboard above the 100 -year flood elevation level. 99. The entire length of sidewalk along Parker Street shall be removed and reconstructed including the additional 3 -foot dedication of sidewalk. 100. Submit to the City of Orange Public Works Department (Subdivision a copy of the approval letter from City of Santa Ana for allowing stormwater discharge into their storm drain system. 101. A 20'x20' corner cut -off shall be dedicated to the City of Orange for street purposes at the corner of Town & Country Road and Parker Street, and at the corner of Town & Country Road and Lawson Way. 102. The existing sidewalk access ramps at the two corners shall be reconstructed to meet current standard plans. 103. On maps and project plans, references to "Irvine Ranch Water District" and "City of Irvine" shall be changed to "City of Orange" where appropriate. 104. For sewer easement `B ", the entire easement shall be within the pavement area. Improvements including curb, curb and gutter, and any landscaping shall not be allowed within the easement. 105. Prior to, or at the same time of Final Map recordation associated with Mitigated Negative Declaration No. 1855 -17, Tentative Tract Map No. 0045 -17, Major Site Plan Review No. 0906 -17, and Design Review No. 4914 -17, the Applicant shall file and record the Declaration of Maintenance and Cost Sharing Obligations and Reciprocal Easements Agreement for Parcels 1, 2 and 3 with the office of the Orange County Recorder and a copy of the recorded agreement submitted to the Community Development Department. The document shall be in a form approved by the City Attorney's Office, the Community Development Department and the Public Works Department prior to recordation. Resolution No. 11101 17 A reciprocal access easement agreement shall be required for the management of shared use areas, including areas along property lines and areas along the southern end of the properties. The need to share the easement is necessitated from shared use of water quality BMPs, shared access road, shared pedestrian access, cross lot storm water drainage, and pavement maintenance responsibility. The reciprocal easement agreement shall include statements allowing cross -lot surface storm water drainage among the 3 lots. 106. The 21 -inch storm drain system on Lawson Way belongs to the City of Santa Ana. A copy of the Hydrology Report and Storm Drain plan shall be submitted to Santa Ana for review and approval. Please contact Nasser Rizk (NRizk @santa - ana.org) or Behrooz Sarlak bsarlak @ santa- ana.org) at Santa Ana Public Works for instructions. 107. Prior to building permit issuance, sale or lease of any parcels, the final map and Declaration of Maintenance and Cost Sharing Obligations and Reciprocal Easements Agreement shall be recorded. 108. The Tract Map shall be recorded within 24 months after tentative approval and prior to issuance of building permits or sale or lease of any parcels. 109. Prior to recordation of the Final Map, monuments shall be set based on a field survey. 110. A monument bond deposit shall be required to insure completion of field survey. 111. The CC &R's shall be subject to a joint review by the Community Development Director, Public Works Director, and City Attorney. The applicant shall be required to pay for the review of the CC &R's by the City Attorney, Public Works Director and the Community Development Director at City's hourly billing rate Prior to recordation of the Final Map, prior to building permit issuance of Parcel 3. 112. The CC &R's shall be recorded following recordation of the Final Map and prior to issuance of Certificates of Occupancy for Parcel 3. 113. The applicant shall submit and receive City approval of a reciprocal driveway access, utility access, and surface storm water cross -lot drainage agreement between the parcels. Subsequently, the document must be recorded against the properties, prior to or concurrent with final map recordation. 114. All work within public right -of -way and public utility easements will require Encroachment Permits, including sidewalk and driveway construction and utility main and lateral construction. 115. All public infrastructures, including street sections, sidewalks, driveway aprons, and utilities shall comply with City of Orange Standard Plans and Specifications or as approved by the Public Works City Engineer. 116. Utilities serving the development, such as electric, cable television, street lighting and communication shall be installed underground, completed and approved by the appropriate utility provider, prior to the issuance of a certificate of occupancy. Resolution No. 11101 18 117. The applicant shall remove unused driveway approaches and restored them to full height curb and gutter, including any sidewalk restoration at the driveway apron. 118. Driveway aprons shall conform to Public Works Standard Plan 115 for commercial driveway with ADA accessibility, or as approved by the Public Works City Engineer. 119. All private ways shall conform to Engineering Standard Plan 108. 120. All driveway approaches shall conform to ADA standards for wheelchair access conforming to Public Works Standard Plans 115 and 116, or as approved by the Public Works City Engineer. 121. Adequate wheelchair accessibility shall be provided around driveway aprons that do not conform to current ADA standards. 122. Cracked, uneven, or damaged public sidewalks, curbs and gutters along property frontages shall be repaired. 123. All landscaping shall include the installation of root barriers on the sidewalk side of trees, or where conditions warrant, the installation of Deep Root boxes as directed by the Community Services Department, prior to final map recordation. 124. The developer shall be required to install street trees along Lawson Way, Town and Country Road, and Parker Street frontages, as required by City of Orange Public Works Department. 125. The applicant shall pay a sewer in -lieu fee to City of Orange Department of Public Works to cover the fair -share cost of future upgrades to substandard or deficient sewer mains. 126. Prior to building permit issuance for each parcel, the applicant shall pay sewer connection fees to City of Orange Department of Public Works Subdivision in accordance with their regulations and available options. 127. Sanitary sewer systems connecting from the buildings to the public mainline shall be private and maintained by the property owner. 128. Any private sewer system connecting directly to Orange County Sanitation District (OCSD) lines without using City of Orange sewer systems shall require a Permit from OCSD. 129. Applicant shall submit a grading plan (36" x 24" plan size) in compliance with City standards for review and approval by the Public Works Director. All grading and improvements on the subject property shall be made in accordance with the Manual of Grading and Standard Plans and Specifications to the satisfaction of the Public Works Director. The applicant may be required to include Phased Erosion and Sediment Control Plans, Site Demolition Plan, and Utility Plan as parts of the grading plan, prior to issuance of a grading permit. 130. A geotechnical report shall accompany the grading plan review, prior to issuance of a grading permit. Resolution No. 11101 19 13 1. Applicant shall submit the approved hydrology study for the project. 132. The contractor shall obtain a grading permit from the Public Works Department prior to start of any site grubbing or grading. 133. Any soil imported or exported shall require a Transportation Permit from Public Works Traffic Division, prior to issuance of a grading permit. 134. City Council approval is required prior to import or export of soil exceeding 30,000 cubic yards. A dirt haul route shall be approved by the City Council and the travel path is subjected to pavement deterioration evaluation. [ O.M.C. 10.67.030(B) ] 135. Upon submittal of a grading plan for plan check, the applicant shall submit a deposit to cover plan check and inspection services related to the grading activities, prior to grading permit issuance. 136. The grading plan shall detail all of the locations where retaining walls will be constructed. Geometric detail of retaining walls shall be shown on the grading plan, including material type, dimensions, backfill, and subdrains. A building permit is also required for retaining walls over 4 feet in height measured from the bottom of the footing to the top of the wall prior to construction. Structural details and design calculations shall be submitted as a separate document and will be reviewed and permitted by City Building Division, prior to issuance of a grading permit. 137. Prior to grading permit issuance, any grading outside of the owner's property boundary shall require the applicant to either obtain a temporary construction easements or permission by adjacent property owners in a form suitable to the Public Works Director. 138. Trash receptacle locations and details shall be included on the Grading Plan. The trash storage area shall be constructed per Public Works Standard Plan 409. 139. Applicant shall show all sewer and storm drain lines on the Grading Plan. Other utility lines, such as water lines, may also be shown on Grading Plan for reference. 140. Applicant shall submit approved sewer capacity analysis and will serve letter. 141. Applicant shall show all structural BMPs for water quality purposes on the grading plan. Water quality features shown on the grading plan must match the WQMP. 142. Any direct storm water discharge into the Orange County Flood Control (OCFD) channels shall require a Permit from OCFD. 143. The property owner shall maintain in good condition, all on -site driveways where heavy -duty trucks would travel. Resolution No. 11101 20 144. Prior to building foundation construction, a Certificate Letter of Line and Grade shall be submitted to the Public Works Construction Inspector demonstrating that the site grading and pad elevation are completed according to the grading plan. 145. Prior to issuance of building permits, the applicant shall submit an address number request, including an addressing plan, to the Public Works Department for review and approval. 146. The building closest to the street frontage shall have the lowest address number. 147. For the buildings in the back and not clear in sight from the street, an illuminated address sign shall be placed in the front. Mitigation Measures 148. All off -road construction equipment greater than 50 hp shall meet U.S. EPA Tier 4 emission standards, where available, to reduce NOx, PM 10, and PM2.5 emissions at the Project Site. In addition, all construction equipment shall be outfitted with Best Available Control Technology devices certified by CARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations. At the time of mobilization of each applicable unit of equipment, a copy of each unit's certified tier specification, BACT documentation, and CARB or SCAQMD operating permit shall be provided. (Mitigation Measure 3 -1) 149. Require the use of 2010 and newer diesel haul trucks (e.g., material delivery trucks and soil import/export) and if the Lead Agency determines that 2010 model year or newer diesel trucks cannot be obtained, the Lead Agency shall require trucks that meet U.S. EPA 2007 model year NOx emissions requirements. (Mitigation Measure 3 -2) 150. Import and export of soils during the grading phase shall be phased to minimize the number of haul trips associated with material transport activities. (Mitigation Measure 3 -3) 151. Construction activities shall comply with SCAQMD Rule 403, including the following measures (Mitigation Measure 3 -4): Apply water to disturbed areas of the site three times a day. Require the use of a gravel apron or other equivalent methods to reduce mud and dirt trackout onto truck exit routes. Appoint a construction relations officer to act as a community liaison concerning on -site construction activity including resolution of issues related to PM generation. Limit soil disturbance to the amounts analyzed in this air quality analysis. All materials transported off -site shall be securely covered. SEP Resolution No. 11101 21 Apply non -toxic soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for ten days or more). Traffic speeds on all unpaved roads to be reduced to 15 mph or less. SEP; 152.In the event a previously unrecorded archaeological deposit is encountered during construction, all activity shall cease in the vicinity of the find and redirected elsewhere, and the City shall be immediately informed of the discovery. An archaeologist meeting the Secretary of Interior's Professional Qualifications for Archaeology as defined at 36 CFR Part 61, Appendix A (Professional Archaeologist) shall be retained by the developer to (Mitigation Measure 5 -1): a. Determine if the archaeological deposits meet the CEQA definition of historical (State CEQA Guidelines 15064.5(a)) and or unique archaeological resource (Public Resources Code 21083.2(g)); and b. Make recommendations on the treatment of the deposits. The recommendations shall be developed in accordance with applicable provisions of Public Resource Code Section 21083.2 and State CEQA Guidelines 15064.5 and 15126.4. The City shall be consulted on the treatment of the deposits. The applicant shall fallow all recommendations made by the archaeologist. The deposits shall not be disturbed or removed until the appropriate treatment has been recommended by the archaeologist and approved by the City. No construction activity in the vicinity of the find may resume until the recommendations for treatment of the deposits have been implemented. c. The final report containing site forms, site significance, and mitigation measures shall be submitted immediately to the Community Development Department. All information regarding site locations, Native American human remains, and associated funerary objects shall be in a separate confidential addendum, and not be made available for public disclosure. The final written report shall be submitted to the appropriate regional archaeological Information Center within three months after work has been completed. 153.In the event a previously unrecorded paleontological deposit is encountered during construction; all activity shall cease in the vicinity of the find and redirected elsewhere, and the City shall be immediately informed of the discovery. A paleontologist shall be retained by the developer to: Make recommendations on the treatment of the deposits. The recommendations shall be developed in accordance with applicable provisions of Public Resource Code Section 21083.2 and State CEQA Guidelines 15126.4. The City shall be consulted on the treatment of the deposits. The applicant shall follow all recommendations made by the paleontologist. The deposits shall not be disturbed or removed until the appropriate treatment has be recommended by the paleontologist and approved by the City. No construction activity in the vicinity of the find may resume until the recommendations for treatment of the deposits have been implemented. Resolution No. 11101 22 The final report containing site forms, site significance, and mitigation measures shall be submitted immediately to the Community Development Department. The final written report shall be submitted to the appropriate regional paleontological Information Center within three months after work has been completed (Mitigation Measure 5 -2). 154. In the event that human remains are discovered during excavation activities, construction shall stop and the Orange County Coroner shall be contacted immediately. The Project shall comply with the requirements contained in PRC 5097.98, which include the following Mitigation Measure 5 -3): a. Stop immediately and contact the County Coroner. b. The coroner has two working days to examine human remains after being notified by the responsible person. If the remains are Native American, the coroner has 24 hours to notify the Native American Heritage Commission. c. The Native American Heritage Commission will immediately notify the person it believes to be the most likely descendant of the deceased Native American. d. The most likely descendant has 48 hours to make recommendations to the owner, or representative, for the treatment or disposition, with proper dignity, of the human remains and grave gods. e. If the descendant does not make recommendations within 48 hours, the owner shall reinter the remains in an area of the property secure from further disturbance. f. If the owner does not accept the descendant's recommendations, the owner or the descendant may request mediation by the Native American Heritage Commission. 155. The Project shall implement Best Management Practices to assure erosion protection during construction in compliance with NPDES requirements. (Mitigation Measure 6 -1) 156. The Project shall comply with the recommendations provided on pages 11 through 15 of the Geotechnical Recommendations dated July 5, 2016 (incorporated by reference and included as Appendix B to this IS/MND). (Mitigation Measure 6 -2) 157. All diesel - powered construction vehicles shall be equipped with exhaust mufflers or other suitable noise reduction devices capable of achieving a sound reduction of at least 3 dBA. Mitigation Measure 12 -1) 158. Temporary sound barriers capable of achieving a sound attenuation of at least 15 dBA shall be erected along the Project's southern and eastern boundaries to obstruct the line -of -sight travel of noise from the Project Site to Celebration Church, Town and Country Manor, and Santiago Park. (Mitigation Measure 12 -2) 159. Roadway Segment H (Parker Street between La Veta Avenue and Town and Country Road): Restripe Parker Street to provide a second northbound through lane and a second southbound through lane. This improvement requires the elimination of on- street parking and Resolution No. 11101 23 implementation will require approval of the City of Orange. The Project's fair share contribution towards the roadway segment of Parker Street between La Veta Avenue and Town and Country Road totals 25.7 %. (Mitigation Measure 16 -1) 160. Main Street at Santa Clara Avenue /I -5 Freewav Restripe Santa Clara Avenue to convert the eastbound shared left/through lane to an exclusive eastbound through lane. This improvement will require the approval of the City of Santa Ana and/or Caltrans. The Project's fair share contribution towards the intersection of Main Street at Santa Clara Avenue /I -5 Freeway totals 4.4 %. (Mitigation Measure 16 -2) 161. A Qualified Archaeologist [selected by the Project Applicant and meeting the Secretary of Interior's Professional Qualifications for Archaeology as defined at 36 CFR Part 61, Appendix A (Professional Archaeologist)] and Native American monitor from a Tribe who is ancestrally related to the Project area (i.e. Native American Monitors of Gabrieleno Ancestry) shall be retained to be on site to monitor all Project - related, ground - disturbing construction activities e.g., pavement removal, auguring, boring, grading, excavation, potholing, trenching, grubbing, and weed abatement) and during all soil movement of previously undisturbed soils. Mitigation Measure 17 -1) 162. All archaeological resources unearthed by Project construction activities shall be evaluated by the Qualified Archaeologist and Native Monitor. If the resources are Native American in origin, the Tribe shall coordinate with the landowner and the City regarding treatment and curation of these resources. Typically, the Tribe will request reburial or preservation for educational purposes. If a resource is determined by the Qualified Archaeologist to constitute a "historical resource" pursuant to CEQA Guidelines Section 15064.5(a) or a "unique archaeological resource" pursuant to Public Resources Code Section 21083.2(g), the Qualified Archaeologist shall coordinate with the applicant, the Tribe, and the City to develop a formal treatment plan that would serve to reduce impacts to the resources. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and Public Resources Code Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, non - profit institution with a research interest in the materials. if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be donated to a local school or historical society in the area for educational purposes. The applicant shall be responsible for all fees related to curation/donation. The applicant shall follow the recommendations of the Qualified Archaeologist and the Tribe, in consultation with the City. (Mitigation Measure 17 -2) 163. Prior to the start of ground disturbing activities, the land owner shall designate a feasible site location within the footprint of the Project for the respectful reburial of the human remains and/or ceremonial objects. Any discoveries of human skeletal material shall be immediately reported to the County Coroner. The Qualified Archaeologist and Native American monitor will immediately divert work at a minimum of 50 feet and place an exclusion zone around the burial. The monitor will then notify the construction manager who will call the coroner and Resolution No. 11101 24 the City. Work will continue to be diverted while the coroner determines whether the remains are Native American. The discovery is to be kept confidential and secure to prevent any further disturbance. If Native American, the coroner will notify the NAHC as mandated by state law who will then appoint a Most Likely Descendent. 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 burials will be removed. The Tribe will work closely with the Qualified Archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the Tribe, documentation shall be taken which includes, at a minimum, detailed descriptive notes and sketches. Additional types of documentation shall be approved by the Tribe for data recovery purposes. Cremations will either be removed in bulk or by means as necessary to ensure completely recovery of all material. If the discovery of human remains includes 4 or more burials, the location is considered a cemetery and a separate treatment plan shall be created. The Project applicant shall consult with the Tribe regarding avoidance of all cemetery sites. Once complete, a final report of all activities is to be submitted to the NAHC and the City, and the report shall remain confidential. The Tribe does NOT authorize any scientific study or the utilization of any invasive diagnostics on human remains. If the coroner determines the remains represent a historic non - Native American burial, the burial shall be treated in the same manner of respect with agreement of the coroner. Reburial will be in an appropriate setting. If the coroner determines the remains to be modern, the coroner will take custody of the remains. 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 mitigated between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered. (Mitigation Measure 17 -3) 164. Archaeological and Native American monitoring and excavation during construction projects will be consistent with current professional standards. All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken. Principal personnel must meet the Secretary of Interior standards for archaeology and have a minimum of 10 years of experience as a principal investigator in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified. (Mitigation Measure 14 -4) Resolution No. 11101 25 ADOPTED this 12th day of June 2018. C aid-c4c-4- Teresa E. Smith, Mayor, City of Orange ATTEST: cl,ci1VIaryE. iurphy, City Clerk, City of Orange STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ORANGE I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 12th day of June 2018, by the following vote: AYES:COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy, Nichols NOES:COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None t ikT(Q ck Mary E. urphy, City Clerk, City of Orange Resolution No. 11101 26 ATTACHMENT 1 THAT PORTION OF THE LAND ALLOTTED TO ABEL STEARNS IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1866 IN 00 - k PAGE 410 OF JUDGMENTS OF THE 17Th JUDICIAL DISTRICT COURT OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 92, PAGE 42 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS. COMMENCING AT THE CENTERLINE INTERSECTION OF PARKER STREET AND TOWN AND COUNTRY ROAD AS SHOWN ON THE MAP FILED IN 990 - 88 P AGES 36 AND OF PARCEL MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE SOUTH 00° 23' 39" WEST 64.68 FEET ALONG SAID CENTERLINE OF PARKER STREET, THENCE NORTH 89' 36' 21" WEST 40.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTHERLY LINE OF PARCEL 1 AS DESCRIBED IN THE DEED TO THE CITY OF ORANGE RECORDED JUNE 28 1972 IN BOOK 10197 P g6 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID SOUTHERLY LINE AND ITS WESTERLY PROLONGATION THE FOLLOWING COURSES: NORTH 44 22' 29" WEST 21.30 FEET AND NORTH 89 08' 37" WEST 1000.41 FEET TO THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO THE CITY OF ORANGE RECORDED SEPTEMBER 25, 1972 IN BOOK 10 341, PAGE 106 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE EASTERLY LINE OF SAID LAST MENTIONED LAND THE FOLLOWING COURSES: SOUTH 45° 58' 08" WEST 21.25 FEET, SOUTH 1° Of 12" WEST 459.96 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 760.00 FEET, AND SOUTHERLY 55.81 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4 12' 28" TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO PACIFIC ELECTRIC RAILWAY COMPANY RECORDED JANUARY 13,1913 IN B O 225 PAGE 14 OF DEEDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID SOUTHERLY LINE AND THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO PACIFIC ELECTRIC RAILWAY COMPANY RECORDED DECEMBER 23, 19121N M&441 239 OF DEEDS IN THE OFFICE OF SAID COUNTY RECORDER THE FOLLOWING COURSES: SOUTH 89 24' 40" EAST 466.81 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 2113.53 FEET, AND NORTHEASTERLY 521.74 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14' 08' 38" TO A POINT ON THE WESTERLY LINE OF PARCEL 3 AS DESCRIBED IN SAID DEED TO THE CITY OF ORANGE RECORDED JUNE 28, 1972 IN ?, , 191,07 AU -40 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER, SAID WESTERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 410.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 60° 41' 23" EAST; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING COURSES: NORTHEASTERLY 206.92 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26 54' 58" AND NORTH 00° 23' 39" EAST 248.44 FEET TO THE TRUE POINT OF BEGINNING. APN: 041 -213-05 and 041- 213 -01 Resolution No. 11101 27