RES-9960 Negative Declaration Approval 434 W. Meats Ave.RESOLUTION NO. 9960
I
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING NEGATIVE
DECLARATION NO. 1746-04, MAJOR SITE
PLAN REVIEW NO. 363-04 AND
TENTATIVE PARCEL MAP NO. 2004-273
TO ALLOW THE CONSTRUCTION OF A
15 BUILDING INDUSTRIAL CENTER
UPON PROPERTY LOCATED APPROXIMATELY 400 FEET
WEST OF GLASSELL ON THE SOUTH SIDE OF MEATS
AVENUE AT 434
W. MEATS AVENUE.
APPLICANT:
GUTHRIE DEVELOPMENT COMPANY WHEREAS, Major Site Plan Review No, 363-04 and Tentative
Parcel Map No, 2004-273 were filed by Guthrie Development Company in accordance with the
provisions of the City of
Orange Municipal Code; and WHEREAS, Major Site Plan Review No, 363-04 and
Tentative Parcel Map No, 2004-273 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, 1746-04 in compliance
with the California Environmental Quality Act CEQA) guidelines, including the initial study and
comments received during the public review process, and has found that the project will not have
a significant adverse impact
on the environment or wildlife; and WHEREAS, on November 3, 2004, the
Staff Review Committee reviewed Major Site Plan Review No, 363-04 and Tentative
Parcel Map No, 2004-273, and recommended
approval of the project, subject to conditions; and WHEREAS, on December
15, 2004, the Design Review Committee reviewed the proposed project for architectural
design and landscaping and recommended
approval of the project, subject to conditions; and I WHEREAS, on March
7, 2005, the Planning Commission conducted one duly advertised public hearing for
the purpose of considering Negative Declaration No, 1746-04,Major Site Plan Review
No, 363-04 and Tentative Parcel Map No, 2004-
273, and recommended approval of the project, subject to conditions; and WHEREAS,
the City Council conducted one duly advertised public hearing on April 26, 2005, for
the purpose of considering Negative Declaration No, 1746-04, Major Site Plan Review
No,
PARCEL 1, AS SHOWN ON A MAP Fll.,ED IN BOOK 73, PAGES
25 AND 26 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
that Negative Declaration No, 1746-04, Major Site Plan Review No, 363-04
and Tentative Parcel Map No, 2004-273 to allow the development of a 5 acre site with
a 15 building industrial center is hereby approved, based upon
the following findings:SECTION
1 -
FINDINGS Environmental:1, That there is no evidence before the City Council of the City of Orange
that the proposed development of a 5 acre site with a 15 building industrial
center will have any potentially adverse environmental impacts, either
individually or cumulatively, on wildlife resources or the habitat upon which
the wildlife depends, Therefore, the proposed development will not have
a significant adverse impact on fish
and wildlife,2, That the City Council of the City of Orange has made required
findings pursuant to CEQA as set forth in Section
2 below,3, 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 Negative
Declaration No,1746-04, the staff report for Major Site Plan Review No,
363-04 and Tentative Parcel Map No, 2004-273, staffs
oral presentation, public testimony, and Commissioner's comments which constitute the City
Council'
s
review of this application.Proiect:1. The project design is
compatible with surrounding development and neighborhoods in that the proposed construction of
an industrial center that is comprised of pre-cast tilt-up
concrete buildings is compatible with the existing industrial developments in the
surrounding area, most of which are also comprised
of either pre-cast or pour-in-place concrete buildings,2,
The project conforms to City development standards, The Design Review Committee has
reviewed the project, and has found that the project design
upholds community aesthetics through the use of an internally consistent,integrated
design theme that is consistent with all
adopted specific plans,applicable design standards and their required findings,3, The project
was reviewed by the SRC (Staff Review Committee),
which is comprised of representatives from the
Community
Department, Police Department and Public Works Department. The SRC has
determined that existing City services are available and adequate to serve the
project, and that the project provides for safe and adequate vehicular and
pedestrian circulation, both on and offsite,
I
4,The project has been designed to fully mitigate or substantially minimize
adverse environmental effects, in that Negative Declaration No, 1746-04
was prepared to ensure that any potential impacts are adequately addressed
and mitigated to a level of
insignificance,SECTION 2 - ENVIRONMENTAL REVIEW
Negative Declaration 1746-04 was prepared to evaluate the potential
environmental effects of Major Site Plan Review No, 363-04 and Tentative Parcel Map No,
2004-273, After examining the Initial Study and Negative Declaration, the City Council finds
that the project will not have a significant adverse impact on the environment
or wildlife resources,SECTION 3 - CONDITIONS
OF APPROVAL BE IT FURTHER RESOLVED that the City Council of the City of
Orange approves Major Site Plan Review No, 363-04 and Tentative Parcel Map No, 2004-
273 subject
to the
following conditions:Planninl! Division: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 7l1.4(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 Exhibits "A" and "B" (
dated March 7, 2005),and as approved by the Planning Commission and
ultimately approved
by the City Council.I 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
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 in connection
with the use will be cause for revocation of this permit. Major Site Plan
Review No, 332-04 and Tentative Parcel Map No, 2004-163 shall become
null
use does not commence within two years from the date of approval. Time
extensions may be granted for up to one year pursuant to O,M,C, Section
17,08,060,
5, These conditions shall be reprinted on the cover sheet or first page of
construction documents submitted to the Building Division for plan check.
6, Prior to issuance of building permits, applicant shall submit final landscape and
irrigation plans to the City's Community Services Department for approval
final plans to include City required inspection notes),
7, The applicant shall submit signage plans (sign program) to the Design Review
Committee for approval. The signage program shall be made a part of the CC &
R's,
8, Perimeter fencing shall be 6 ft, high, coated, chain-link fence in green
color,Fire
Denartment:9, An approved fire sprinkler system must be installed throughout the building
per O,M,C, 15.32,070 Section 1001.10, The system shall be designed per N,F,P.
A.13, U,B,C, Chapter 9, U,B,C, Standards 9-1 and 9-2,
The sprinkler system
requires 24-hour supervision,10, When fire sprinkler systems are required in buildings
of undetermined use, they shall be designed and installed to have a sprinkler density of
not less than that required for an Ordinary Hazard Group 2 use with a
minimum design area of
3,000 square feet.11, The Fire Department Connection (FDe) shall not be
affixed to the building,The Fire Department Connection must be located at least 40
feet away from the building, within 40 feet of a fire hydrant and on the address
side of the building,unless otherwise determined by the Fire Department.
The hydrant shall be located on the same side of the street as
the Fire Department Connection,12, Provide on-site fire hydrant(s) and mains capable
of supplying the required fire flow, The hydrant model and on-site location
shall be approved by the Fire Department and have a three (
3) foot minimum clearance around the circumference of the fire hydrant. The
on-site hydrants shall not be controlled by the control valve (P,I.V,) for the sprinkler
system so that water flow to the hydrants is not impaired should the
sprinkler system be shut down for any reason, (U,F,C, Sections 903 and
1001.7) The fire department connection shall not pressurize a hydrant. Plans
must be submitted to the Building Department.13. The number and location of hydrants
shall be determined
by
14, Prior to issuance of a fire service (detector check) the required water supplies for
hydrants and fire sprinkler systems shall be determined and the water supplies
shall be approved by the Fire Department.
15,Every building shall be accessible to Fire Department apparatus by an access
roadway of not less than 20 feet of unobstructed width having a minimum of 13
feet 6 inches of vertical clearance, The access roadway shall be extended to
within 150 feet of all portions of the exterior walls of the first story of any
building, (U,F,C, Sections 901 and 902),I
16. The installation of gates, traffic calming methods and speed humps or bumps
shall be reviewed by the Fire Department prior to installation,
17, All streets less than 36 feet wide shall be marked and signed as a fire lane, The
marking and signs shall be provided and installed per the Citv of Orange Fire
Departments Fire Lane Standards,
18, The Fire Department access roadway shall be provided with an adequate turning
radius for Fire Department apparatus, (A 45 foot outside and 25 foot inside
radius is required,) U,F,C. Section 902,2,2,3,
19, Fire department emergency access must not exceed 12 percent grade. U,F,C,
Section 902.2,2,6,
20. All mechanical gates shall be provided with a key-operated override switch
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,21, A Fire Department approved key box for fire department access
shall be installed on the address side of the building near the main entrance
or fire control room at a height of 5 feet above finished grade, The Knox
box shall contain keys to gain access to each building, U,F,C, Section
902.4,22, Construction plans shall include a site plan and landscape plan
detailing exiting from outside the building to a public way, Details on the type
of ground covering, hardscape, gates and latching and locking hardware shall
be provided on
the plans,I
Police Department:23, All new construction shall comply with the City of Orange
Building Security Standards, (Ordinance 15,52
reference #7-79),24, Prior to the issuance of building permits, the applicant
shall submit lighting photometric plans to the Police Department Crime Prevention
Bureau for
review
Public Works Department:
25, A final parcel map shall be recorded within 24 months after tentative approval
and prior to the sale or lease of any parcel.
26, Monuments shall be set based on a field survey,
27, All on-site and off-site improvements such as sidewalks, curb &
gutter, drive aprons and pavement shall be repaired or replaced if damaged
or deteriorated.28, On-site drainage facilities shall be improved as required by
the
Public Works Department.29, The applicant shall construct off-site drainage
facilities beyond the property boundary as required by
the Public Works Department.30, The applicant shall install streetlights and street trees on
Meats Avenue per City standards as required by
the Public Works Department.31, The applicant shall dedicate to the City of Orange, the right
to enter the private streets for maintenance of public utilities,
emergency
access, trash collection,etc,32, An owner's association shall be formed and be
responsible for the maintenance of all common areas, private utilities
and sanitary sewer system,33, Prior to approval of the final Map, Covenants,
Conditions and Restrictions (CC R's) shall be recorded with the Orange County Recorder'
s Office, The CC &R's shall be designed for the entire site outlining
specific responsibilities such as drainage, utilities, access, parking,
maintenance, landscaping, exterior building colors, signage, and enforcement provisions, Those aspects
that are zoning in nature shall be structured so that it cannot be rescinded
or modified without City approval. The City shall have discretion to enforce provisions
that are zoning in nature, Prior to recordation, the CC & R's shall
be reviewed and approved jointly by the City Attorney, Community
Development Director, and Public Works Director. The applicant shall be responsible for all
cost incurred for the review of the CC & R's by the City Attorney, Public
Works Director and the Community Development Director at the City'
s hourly billing rate,34, Prior to issuance of building permits, the applicant shall
submit grading plans to the Public Works Department for review and approval (
grading plans to indicate the locations of all buildings, parking lot areas,
drainage systems,
and trash enclosure areas),35, Prior to issuance of building permits, the
applicant shall submit improvement plans to the Public Works Department for
review
plans to indicate the locations of all curbs & gutters, sewer lines, storm drains,
water utility systems, street lights, street trees, etc,},
36,Building foundation design adjacent to the City storm drain easement and
driveway pavement design over the City storm drain easement shall be
submitted to the Public Works Department for review and approval.
I 37,Prior to issuance of grading permit, the locations of all trash enclosures shall be
submitted to the Public Works Department for review and approval. All trash
enclosures shall be constructed per City of Orange Standard Plan No, 409,
38, Prior to issuance of building permits, the applicant shall submit and obtain
approval from the Public Works Department, a Water Quality Management Plan
WQMP) specifically identifYing non-structural and structural Best
Management Practices (BMP's) that will be used on-site to control predictable
pollutant nm-offs, Structural BMP's shall be included on the grading plans, A copy
of the Notice of Intent from the State Water Resources Control Board will
be required prior to grading
permit issuance,
Water Division:39, Each building shall be metered separately unless otherwise approved
by the
Water Division,40, The applicant shall submit improvement plans to the Water
Division for relocations and new installations for review and approval prior to the
issuance of
building permits,41. The applicant shall satisfy all water bond requirements for the installation
of the water improvements as determined by the Water Division prior to
approval of the
water plan,42, The developer's contractor shall provide material submittals to
the Water Division Inspector for approval a minimum of fourteen calendar days
prior
to construction,43,The applicant shall furnish and install individual pressure regulators
on services where the incoming pressure exceeds
80 psi,I 44,The applicant shall satisfy all water main connection, plan check,
and inspection charges as determined by the
Water Division,
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
Prior to issuance of building permits, the applicant shall pay all applicable
development fees, including but not limited to: City Sewer Connection
Fee, Orange County Sanitation District Connection Fee, Transportation
System Improvement Program Fee, Fire Facility Fee, Police Facility Fee,
Park Acquisition Fee, Sanitation District Fee, School District Fee, and
Eastern Foothill Transportation Corridor Fee, as required,
Expiration: If not utilized, project approval expires two years from the
approval date, Extension of time may be granted in accordance with
Orange Municipal Code Section 17,08,060,
Violations of conditions of approval constitute a violation of the Orange
Municipal Code, per Orange Municipal Code Section l7.10,030,G,
ADOPTED this 26th day of April, 2005,
ATTEST:
range
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 26th day of April, 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
cL
Mary E, ~ty Clerk,
Ci;'~[~
e
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