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RES-10066 Negative Declaration Approval 1545 N. Glassell St.RESOLUTION NO. 10066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING NEGATIVE DECLARATION NO. 1759-05, MINOR SITE PLAN REVIEW NO. 395-05 AND DESIGN REVIEW COMMITTEE NO. 4035- 05, APPROVING THE DEVELOPMENT OF A SALES OFFICE FOR A NURSERY UPON PROPERTY LOCATED AT 1545 NORTH GLASSELL STREET. APPLICANT: TODD FLAMMER WHEREAS, Minor Site Plan Review No. 395-05 and Design Review Committee No. 4035-05 were filed by Todd Flammer in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Minor Site Plan Review No. 395-05 and Design Review Committee No. 4035-05 were processed in the time and manner prescribed by state and local law; and WHEREAS, the City Council has considered the information contained in Negative Declaration No. 1759-05, including any comments received during the public review period,and finds that with the adoption of conditions of approval to address potential impacts that were identified, the project will not cause significant adverse impacts upon the environment or wildlife; and WHEREAS, on June 8, 2005, and on December 21, 2005 the Staff Review Committee reviewed Minor Site Plan Review No. 395-05 and Negative Declaration 1759-05,and concurred with staffs findings that the project would not result in significant and/or cumulative adverse effects; and recommended that the application proceed subject to conditions; and WHEREAS, on November 2, 2005, the Design Review Committee reviewed the design of the new sales office and site improvements associated with Zone Change No. 1231-05, Minor Site Plan Review No. 395-05, and Design Review Committee No. 4035-05 and recommended that the project proceed as submitted subject to conditions; and WHEREAS, the Planning Commission conducted one duly advertised public hearing on January 16, 2006, at which time interested persons had an opportunity to testify either in support of or opposition to the proposal and for the purpose of considering Zone Change No.1231- 05, Minor Site Plan Review No. 395-05, Design Review LEGAL DESCRIPTION REFERENCE IS MADE TO TITLE REPORT NO. 43803589- M07 PREPARED BY CHICAGO TITLE COMPANY, DATED SEPTEMBER 9, 2004.THOSE PORTIONS OF LOTS C, D, I AND K OF THE VAN DE GRAAF TRACT, IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 440 OF MISCELLANEOUS RECORDS OF THE COUNTY OF LOS ANGELES,STATE OF CALIFORNIA, INCLUDED WITHIN A STRIP Of LAND 50. 00 FEET WIDE, THE CENTERLINE OF SAID STRIPS OF LAND BEING ALSO THE CENTERLINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY RIGHT-OF-WAY AND BEING FURTHER DESCRIBED AS FOLLOWS:BEGINNING AT THE NORTHWEST CORNER OF SAID LOT K,THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOTS K AND I TO THE NORTHEAST CORNER OF SAID LOT I.WHEREAS, the City Council conducted one duly advertised public hearing on February 28, 2006, for the purpose of considering Minor Site Plan Review No. 395-05,Design Review Committee No. 4035-05, Mitigated Negative Declaration No. 1759-05, and the accompanying Ordinance No. 5-06 for Zone Change No. 1231-05.NOW, THEREFORE, BE IT RESOLVED that the City Council approve Negative Declaration No. 1759-05, Minor Site Plan Review No. 395-05, and Design Review Committee No. 4035-05 based on the following findings:SECTION 1 - FINDINGS 1. The proposed project fulfills one of the Land Use Goals established in the City's General Plan by reducing potential land use conflicts on the subject parcel.2. The proposed zone change will provide (RO) Recreational Open Space Zoning on a property which is currently un-zoned thus reducing existing zoning conflicts between residential and other land uses and foster new in-fill development that is compatible with the surrounding neighborhood.3. The existing site conditions are developed in a manner consistent with the City's General Plan and Zoning Ordinance for development in the (RO)Recreational Open Space Zoning District.4. The action has been considered in relationship to its effect on the community and neighborhood plans for the cause deterioration of bordering land use or create special problems to the area in which it is located. 5. The City's Public Works, Fire, and Police Departments have reviewed the project and indicated that existing infrastructure and City services are available and adequate to serve the project. These City departments have indicated that with adoption of the proposed conditions of approval, and application of code requirements, potential impacts to City services are adequately addressed. 6. The proposed project has been designed to substantially minimize adverse environmental effects in that Negative Declaration No. 1759-05 was prepared and includes measures that reduce potential impacts to less- than-significant levels.7. That the City of Orange has made required findings pursuant to CEQA as set forth in Section 2 below.8. That the data and analysis upon which these findings of fact are based,including those in Section 2 of this Resolution, are set forth in the staff report for Negative Declaration No. 1759-05, Minor Site Plan Review No. 395-05,Design Review Committee No. 4035-05, accompanying Ordinance No. 5-06 for Zone Change No. 1231-05, staffs oral presentation, public testimony, and Commissioner comments which constitute the City Council's review of this application.SECTION 2 - ENVIRONMENTAL REVIEW Declaration No. 1759- 05 (attached) was prepared to evaluate the potential environmental effects for Minor Site Plan Review No. 395-05 and Design Review Committee No. 4035-05, and the associated Ordinance No. 5-06 for Zone Change No. 1231-05, in compliance with the California Environmental Quality Act (CEQA). The City Council finds that Negative Declaration No. 1759-05 contains an adequate assessment of the potential environmental impacts of Zone Change No. 1231- 05, Minor Site Plan Review No. 395-05,and Design Review Committee No. 4035-05.After examining the attached Initial Study and Negative Declaration No. 1759-05, the City Council finds the project could not have SECTION 3 - CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions for Minor Site Plan Review No. 395-05, and Design Review Committee No. 4035-05 are imposed with approval: General 1. Within two (2) days of final approval of this project, the applicant shall deliver to the Planning Division a cashiers 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 $43. 00.2. All construction shall conform in substance and be maintained in general conformance with plans labeled Exhibit No.1 (dated November 2, 2005) and as recommended for approval by the Planning Commission and ultimately approved by the City Council.3. 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 permit, save and except that caused by the City's active negligence.4. The applicant shall comply with all federal, state, and local laws, including all City regulations. Violation of any of those laws will be cause for revocation of this permit.5. These conditions shall be reprinted on the cover sheet or first page of construction documents prior to the issuance of building permits.Plannill!! Division 6. Final landscape plans shall include City required inspection notes.7. All required parking spaces shall be double striped to City standards. The required parking spaces shall be clearly outlined on the surface of the lot with paint or easily distinguishable material. Stripes shall be a minimum of four inches wide and in a double stripe formation with a 14-inch space between stripes. Parking stall widths shall be measured from the centerline of each double stripe. Prior to applying for building permits, the applicant shall clearly depict on the site plan a detail of the required stripping. The Planning Division shall verify this condition at the time of applying for building 8. Provide on-site trash receptacles spaced every 150 yards along the site,including trash containers at office and shed locations to manage litter control on the property.9. Provide several 5 mile-an-hour speed limit signs on the property to control vehicle speed and resulting dust.10. During un-loading operations semi-truck operators shall shut off their engines to limit vehicle emissions at the site.11. No fertilizer, herbicides, or chemicals shall be stored on the property.12. Hours of operation shall be Monday-Friday from 8: 00 am to 4:00 pm,Saturday from 9:00 am to 2:00 pm; closed on Sundays and holidays.Deliveries shall occur on Tuesdays and Saturdays, during normal operating hours.Buildin2 Division 13. 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 will be cause for revocation of this permit.14. If grading is proposed the applicant shall submit a grading plan to the Building Department for review and approval during plan check and prior to start of any construction.15. Provide engineering plans and permits for footing on new free standing sign.Public Works Department 16. Prior to the issuance of any grading and/ or building permits the applicant shall submit a Water Quality Management Plan (WQMP) to Public Works Department in order to comply with all current requirements of the National Pollutant Discharge Elimination System (NPDES) permit program. The WQMP shall include Best Management Practices for those applicable activities regulated during construction, and post construction to ensure that water quality standards and appropriate measures for discharge of waste and storm waters is carried out.17. The applicant shall prepare a construction traffic management plan for City review and approval by the Public Works Director prior to issuance of street encroachment permit for removal of the raised median on the Glassell Street entrance. At a minimum, this plan shall include a construction schedule identifying expected dates and times 18. Prior to installation of a new sewer hookup for the new office on Glassell Street the applicant shall obtain an encroachment permit from the Public Works Department. 19. Applicant shall prepare a Soil Erosion Control Plan for City review and approval by the Public Works Director prior to issuance of building permits. Water Division 20. The applicant shall satisfy all water main connection, plan check, and inspection charges as determined by the Water Division prior to approval of the water plan. Fire Department Conditions 21. All mechanical gates shall be provided with a key-operated override switches per City of Orange Ordinance 9-84. In the case of power failure the gate shall fail in the open position and shall be operable with out any special tools.22. Fire Department approved key boxes for fire department access shall be located at the Glassell and Cambridge entrances at a height of 5 feet above finished grade. The Knox boxes shall contain keys to gain access to the site,and any other areas or containers. C.F.C. Section 902.4.23. No buildings (as defined in the California Building Code) or facilities (as defined in the California Fire Code) shall be constructed or installed on the property without separate plan submittal to the Fire Department. Plans shall include, but not be limited to, details of access and water supply in conformance with the CFC.24. The installation of underground tanks, above ground tanks, sumps, containers,etc., used for the storage of hazardous material is regulated by the Fire Department. A fire department permit application must be completed and plans submitted to the Fire Department for approval prior to installation.O.M.C. 15.32.150: California Health & Safety Code Section 25280: 1994 C.F.C. Articles 79 and 80. Contact the Hazardous Materials Division at ( 714)288-2541.25. Liquefied petroleum gas container shall be installed as per Uniform Fire Code Section 82. This code section relates to tank size, distances from buildings and property lines, crash post requirements, labeling, pump type, required zoning approval and Fire Department 26. Businesses storing, handling, or using more than 55 gallons, 500 pounds, or 200 cubic feet of a hazardous material during anyone year, must comply with the disclosure requirements of Ordinance 40-85 O.M.C. 15.32.136. Contact the Hazardous Materials Division at (714) 288-2541.27. All roof coverings installed on any new or existing building or structure, shall be fire retardant U.L. listed Class A. (O.M.C. 15. 36.030)Police Department Conditions 28. All construction shall conform in substance and be maintained in general conformance with the Orange Municipal Code Section 15. 52 Building Security Standards including: an illuminated 6" addressing on building,illuminated exterior doors on office, and all doors and windows shall meet required security standards. Cultural Resources 29. In the event archaeological resources, paleontological resources, and/or human remains are encountered during grading, work shall be stopped immediately or redirected until the appropriate Community Development qualified archaeologist, paleontologist, and/or the Orange County Coroner can be retained on-site to monitor all earth moving activities and to evaluate the discovered resources and/or human remains and develop a recovery program,if warranted. This condition shall be printed on all building and grading plans and the Community Development Department shall check plans prior to issuance of Land Use Permit Hazards and Hazardous Materials 30. The applicant shall not store any Hazardous Materials on site. All third party contractors doing weed abatement once a month shall have hazardous compliance certification and training in the use of weed abatement products none of which are stored on site).Code Provisions The following Code provisions are applicable to this project and are included for information only. This is not a- complete list and other Code provisions may apply to the project:Prior to issuance of building permits, the applicant shall pay all applicable development fees, including but not limited to: Orange County Sanitation District Fee, City Sewer Connection Fee, Transportation System Improvement Program Fee, Police Facility Fee, Fire Facility Fee, Park Dedication and In Lieu (Quimby)Fee, Park and Recreational Facilities Development Impact Fee, Library Facilities Development Impact Fee, and School Development Fee (Collected by the Orange Unified School District), If not utilized, Minor Site Plan Review No. 395-05 and Design Review Committee No. 4035-05 will expire two (2) years from the approval date. An extension of time may be permitted upon a written request, if received before the expiration deadline.ADOPTED this 28th day of February, 2006. ATTEST: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 28th day of February, 2006, by the following vote: AYES: NOES: ABSENT:ABSTAIN:COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: