RES-10036 Mitigated Negative Declaration Approval Grijalva Park ExtensionRESOLUTION NO. 10036
I
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING SUBSEQUENT
MITIGATED NEGATIVE DECLARATION 1753-
05,GENERAL PLAN AMENDMENT 2005-
0001, MAJOR SITE PLAN REVIEW 402-05,
AND DESIGN REVIEW 4014-
05, TO ACCOMMODATE THE CONSTRUCTION OF
A PUBLIC PARK ON VACANT
PROPERTY GENERALLY LOCATED AT THE
NORTHWEST CORNER OF MCPHERSON ROAD AND SPRING
STREET WEST OF GRIJALVA PARK AND EAST
OF SANTIAGO CREEK (CITY CAPITAL
IMPROVEMENT PROJECT NO 0151,
GRIJALVA PARK
EXTENSION CONCEPTUAL MASTER PLAN).
APPLICANT: CITY OF ORANGE WHEREAS, the City of Orange owns two parcels (totaling 27.6
acres) of land known as the Grijalva Park Extension property and has determined that a public park
at this location is a desired
and appropriate use; and WHEREAS, the Grijalva Park Extension property is generally
located at the northwest comer of McPherson Road and Spring Street, west of Grijalva Park and
east of Santiago Creek upon
property described
as follows:PARCEL A:THAT PORTION OF LOT 9 IN BLOCK "F" OF
THE A.B. CHAPMAN TRACT, IN THE CITY OF ORANGE,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SURVEYED BY
FRANK LECOUVRUER IN 1870 AND SHOWN ON A MAP FILED IN BOOK
102, PAGE 15 OF MISCELLANOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:I BEGINNING AT THE SOUTHWEST CORNER
OF SAID LOT 9;THENCE NORTHERLY 20 CHAINS
TO THE NORTHWEST CORNER OF SAID LOT 9; THENCE
EASTERLY TO THE NORTHWEST CORNER OF SAID LOT; THENCE
SOUTHWESTERLY TO
PARCELB:
THE SOUTHEAST QUARTER OF LOT 10 IN BLOCK "F" OF THE
CHAPMAN TRACT, IN THE CITY OF ORANGE, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SURVEYED BY FRANK
LECOUVRUER IN 1870 AND SHOWN ON A MAP FILED IN BOOK
102, PAGE 15 OF MISCELLANOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY;
and
WHEREAS, the City of Orange has retained the firm of Pur kiss Rose, Inc., a California
corporation, doing business as Purkiss Rose-RSI Landscape Architecture (Purkiss Rose)
to prepare a conceptual master plan for the Grijalva Park Extension property that includes
a gymnasium, community center, aquatic center, skatepark, outdoor amphitheatre, restrooms,
tot-lot, picnic shelter, trails, open space and associated parking and circulation improvements;
and WHEREAS, the City of Orange has retained the firm of LPA, Inc. to
prepare conceptual architectural plans for the proposed gymnasium, including a conceptual
design concept, floor plan and elevations;
and WHEREAS, this City Council has reviewed the Purkiss Rose conceptual master
plan and the LP A, Inc. conceptual architectural plans (herein referred to collectively as the Plans)
in the form presented to the City Council at the meeting at which the Project (as defined
below)was considered, consisting of Sheets L.l.l, L.1.0, A.2.1, A.2.2, A.3.1, A.3.2 and A.4.1;
and WHEREAS, processing of General Plan Amendment 2005-0001 and
related Zone Change 1233-05 was deemed necessary to best accommodate development
of the subject property as a public park in accordance with the conceptual master
plan and conceptual architectural plans and to remove inconsistencies between the existing General
Plan and
zoning designations; and WHEREAS, approval of General Plan Amendment 2005-
0001 would, among other things, operate to delete the segment ofYorba Street (between
Chapman Avenue and Walnut Avenue) from the General Plan Circulation Element's Master Plan
of Streets and Highways identified as a special study corridor on Figure C-4 of the
Circulation Element) and deletion of the associated text on page 24 of the Circulation Element
under the
heading Yorba Street Extension; and WHEREAS, General Plan Amendment 2005-0001 would
also operate to (i) change the land use classification of Assessor's Parcel No. 093-
031-02 from OS (Open Space) to OS-P Open Space Park) and Assessor's
Parcel No. 383-231-03 from OS (Open Space) and LMDR Low Medium
Density Residential) to OS-P (Open Space-Park), and (ii) modify Table LU-3(1),
Distribution
WHEREAS, the related Zone Change 1233-05 would operate to change the
zoning classification of Assessor's Parcel No. 093-031-02 from SG (Sand
and Gravel Extraction District) to R-O (Recreation Open Space) and Assessor's Parcel
No. 383-231-03 from R-I-7 Single Family Residential, 7,000 square
foot minimum lot size) to R-O (Recreation
Open Space) in conformance with the General Plan; and I WHEREAS, Major Site
Plan Review 0402-05 has been undertaken pursuant to Section 17.10.060 of the Orange
Municipal Code because the Project involves development of a public park on vacant land and construction
of several public use structures with
a square footage that exceeds 10,000 square feet; and WHEREAS, Design Review
4014-05 has been undertaken pursuant to Section 17.10.070 of the Orange
Municipal Code because the project involves the construction of new public buildings, is subject to
Major Site Plan Review, and requires City Council approval. The design review aspect of the
approval has focused on the structures proposed in implementation of Phase 1 of the Plans, specifically, the
gymnasium. Structures proposed as part of Phase 2 of the Plans have not yet been
designed, but
will undergo design review when architectural design plans are completed;
and WHEREAS, in compliance with the California Environmental Quality Act (CEQA)California Public
Resources Code Sections 21000 et seq.) and the State CEQA Guidelines California Code of Regulations
Section 15000 et seq.), the City, acting as lead agency, has prepared
Subsequent Mitigated Negative Declaration 1753-05 to evaluate and to inform the public
and decision makers of the potential environmental effects of the Project;
and WHEREAS, the City Council has reviewed and considered the information
contained in Subsequent Mitigated Negative Declaration 1753-05, including the Draft Mitigated Negative
Declaration (herein collectively referred to as the MND), comments received during the public review period
for the MND, and Responses to Comments, and finds and determines that, with the
adoption of mitigation measures and conditions of approval to address
potential impacts to aesthetics, construction-related air quality, biological resources, cultural
resources, geology and soils, hazards
and hazardous materials, hydrology and water quality, construction-related and on-site operational noise,
and parking:i) That there is no substantial evidence that the Project will
have a significant effect on the environment, except as identified and
considered in the MND, and that the MND reflects the City's independent judgment and analysis;
I ii)That changes or alterations have been required in, or
incorporated into, the
Proj ect which mitigate or avoid the significant environmental effects thereof, as identified in
the MND;iii) That it is neither necessary
nor
iv) That the MND is all that is necessary in connection with the proposed Project
and the approval ofthe Project;
and
WHEREAS, on July 13, 2005, the Staff Review Committee reviewed the MND and the
Project and recommended that the application proceed to the Planning Commission and the
City Council for consideration subject to conditions; and
WHEREAS, on August 17, 2005, the Design Review Committee reviewed the Plans
and recommended that the Project proceed to the Planning Commission and the City Council
for consideration subject to conditions; and
WHEREAS, after publication of notice, a public hearing was held by the Planning
Commission and recommended approval of the MND and the Project; and
WHEREAS, the City Council has received and duly considered the information and
facts set forth in the agenda report presented to it and any testimony received from staff and the
public at the public hearing at which the Project was considered, which testimony is hereby
incorporated into the record on this matter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
on the basis of the facts set forth in the agenda report presented to it and any testimony received
at the public hearing at which this matter was considered, that the City Council take the
following action:
1. Adopt the MND and the Mitigation Monitoring and Reporting Program (the
MMRP) contained in the MND, finding that the foregoing recitals are true and
correct and that the document adequately describes the impacts of the proposed
Project and has been prepared in conformance with the provisions of CEQA;
2. Approve General Plan Amendment 2005-0001, deleting the segment of
Yorba Street (between Chapman Avenue and Walnut Avenue) from the General
Plan Circulation Element's Master Plan of Streets and Highways (identified as
a special study corridor" on Figure C-4) and deleting the associated text
on page 24 of the Circulation Element under the heading "Y orba Street
Extension". The text to be deleted is
as follows:The Yorba Street Extension is planned to occur from Chapman
Avenue north to Wanda Street in the vicinity of the Santiago Creek
overcrossing. The extension provides a parallel north-south route to Tustin Street
and the adjacent ProspectStreet realignment Y orba Street will
alleviate north-south congestion by providing an alternate route and will also create a better
grid network in an area that is in need of improved transportation
services. Roadway study will focus on determining the alignment and right of
way
Land Use Category and
Maximum Permitted
Density, Intensity
Medium Low
6-15 du/
acre)
Parks Other Open
Space
I extension. Alignment will be determined by the development activity along
the east side of Santiago Creek immediately north of Chapman
Avenue. ";3.Approve General Plan Amendment 2005-0001 changing the
land use classification of Assessor's Parcel No. 093-031-02 from
OS (Open Space) to OS-P (Open Space Park) and Assessor's Parcel
No. 383-231-03 from OS (Open Space) and LMDR (Low
Medium Density Residential) to OS-P (Open Space-Park), and modifying Table LU-3(l),
Distribution of Land Use on
page 28
of the
Land Use Element, as
follows:Typical
Density,
IntensityfactorArea (acres)Total units,thousand square feet 9-;M.{)- 9,454 (-
56)
8.
00du/acre 1,257 (-7)o
o l-;8+8--
1,906 (+28) m M-- 706 (-21) ---4. Approve Major Site Plan Review 0402-
05 in accordance with the Plans on the basis ofthe
following findings and subject to the following conditions;5. Approve Design Review 4014-05
in accordance with the Plans on the basis of
the following findings and
subject to the
following
conditions.SECTION 1 - FINDINGS General Plan Amendment I 1.
The proposed General Plan Amendment eliminates current inconsistencies between the General Plan
and zoning designations and proposes a land use designation that allows and also reflects the
proposed use of the site as a public park. The OS-P
designation applies specifically
to public lands used for passive and active recreation.2.The proposed General
Plan Amendment removes a segment of Y orba Street from the Circulation
Element that (if left as is) significantly increases daily traffic volumes on Y orba
Street and results in the creation of an unacceptable Level of Service (LOS F)
at the Chapman A venuelY orba Street intersection and on the segment of
Chapman Avenue between
SR-55 and Yorba Street in build out year 2025.3.The project
site was previously mined for aggregate resources and has since been used as
a construction debris landfill and asphalt batch plant. Therefore,
the
4. The project would allow development of vacant property with public
recreational facilities and would add approximately 27 acres (17 acres of
developed property) to the City's park inventory, improving the City's parkland
to population ratio.
5. The development of a public park results in significant public benefits that
further the goals and policies of the General Plan, related to quality of life and
provision of recreational amenities for the community.
6. The project is compatible with the surrounding development, and is consistent
with the long-range intent of the General Plan in that it furthers the City's
land use, circulation, and recreational
goals.Major Site Plan Review Required Findings pursuant to Section 17.10.060 H of
the Orange Municipal
Code 7. The proposed design concept is compatible with the character of the
surrounding development and neighborhoods in that it is consistent with structures in
the existing portion of Grijalva Park and is compatible with surrounding
residential structures. Residential structures in the area are Spanish-revival style
with red tile roofs. The self-storage development to the south is of
stucco and masonry construction. Although the proposed gymnasium does not "
match" the adjacent homes in style or materials, it does continue the existing
design theme created by structures at Grijalva Park. Use of similar elements and
materials in the building (such as the standing seam metal roof and
rock accents) create consistency between the structures on the existing portion of
Grijalva Park and the subject property. The proposed design and
materials are generally compatible with the surrounding area, and distinguish
the proposed gymnasium as a public building with a distinct identity and a different
purpose than the surrounding residences. In addition, structures and hardscape
areas have been adequately setback from adjacent residences and
landscaping has been incorporated into the design to soften the transition between
adjacent uses and the
proj ect site.8. The project conforms to City development standards in that
Major Site Plan Review 0402-05 is one component of the
larger development application for General Plan Amendment No. 2005-0001 and
Zone Change No. 1233-05, which changes the General Plan land use designation
to Open Space Park and the zoning to Recreation Open Space.
The development specifications of the Project have been carefully scrutinized by
the Staff Review Committee, Design Review Committee and Planning Commission
to ensure that they are appropriate.Special attention was given to the height
of the gymnasium. The proposed height of the gymnasium ranges from 25'-9" to 39'-
9". Because the gymnasium is an important civic building, the building
height is appropriate and necessary to architecturally distinguish the proposed gymnasium
as a public building with a distinct identity and a different use
and
In addition the gymnasium is appropriately setback from surrounding residences,
so that the building height does not compromise security or privacy or otherwise
adversely affect surrounding development.
9.The project provides for safe and adequate vehicular and pedestrian circulation,
both on- and off-site in that the project includes an internal park circulation
road that connects the park access points at Spring Street and Walnut Avenue
and provides access to a turnaround at the entrance of the gymnasium and two
onsite parking areas. The internal access road and turnaround provide safe
and comprehensive internal circulation. The project also includes a new
access driveway at Walnut Avenue to provide additional park access to balance
park traffic between Spring Street and Walnut Avenue. In addition, the
project includes terminating McPherson Road in a cui de sac to eliminate park
access from McPherson and "cut through" traffic. The project also provides a total
of 635 parking spaces at buildout, exceeding the number of spaces required by
the Municipal Code. Additionally, mitigation measures adopted in conjunction
with project approval will address parking conditions during peak park
events.
I 10. The City's Public Works, Fire, and Police Departments have reviewed
the project and indicated that City services are available and adequate to serve
the project. These departments have indicated that, with adoption of the
proposed mitigation measures, conditions of approval, and application of
standard development conditions, potential impacts to their departments can
be adequately
addressed.11. With the implementation of mitigation measures, and standard conditions,
the project will fully mitigate or substantially minimize adverse
environmental effects in that Subsequent Mitigated Negative Declaration 1753-05
was prepared and includes mitigation measures and standard conditions that
reduce potential impacts to aesthetics, construction-related air
quality, biological resources,cultural resources, geology and soils, hazards
and hazardous materials,hydrology and water quality, construction-related
and on-site operational noise,and parking to less-
than-significant levels. With the adoption and implementation of
the mitigation monitoring program,
environmental
effects of the project are addressed.I Design Review Required Findings pursuant to Section
17.10.
070 F of the Orange Municipal Code.12. The project design upholds
community aesthetics through the use of an internally consistent, integrated design
theme. The project site is not located within a redevelopment area, specific plan
area or any other district with special design standards. Use of similar
elements and materials such as the standing seam metal roof, the rock
accents and natural color palette, create consistency between structures at the existing portion
of Grijalva Park and the project site,and serves to continue the existing
design
Park. The proposed design and materials are generally compatible with the
surrounding area, and distinguish the proposed structure as a public building
with a distinct. The varied roof planes, recessed openings, fenestration, use of
varied materials and accents, and the conceptual landscape treatment
substantially soften the mass of the building and integrate it into its
surroundings. The proposed gymnasium and the trash/transformer enclosure are
integrated through the use of a similar color palette and materials, which result
in an internally consistent design that is compatible with the surrounding
development. The landscape plan proposes use of turf, groundcover, grassland
mix, shrubs and trees that will enhance public use areas and soften and screen
hardscape elements at the site.
SECTION 2 -CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed with
approval:
General
1. Within two days of final approval of this project, the City/construction
contractor 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.
2. All construction shall conform in substance and be maintained in general
conformance with plans as recommended for approval by the Planning
Commission and ultimately approved by the City Council. Further, exterior
building color and materials shall conform to the color and materials board
submitted to and approved by the Design Review Committee on August 17,
2005. Any change in color of the exterior of the building initially, or at any time
in the future, shall be subject to review and approval by the Community
Development Director.
3. These conditions will be reprinted on the cover sheet or first page of
construction plans prior to the issuance of building permits
Planninl!:illesil!:n
Timing for compliance with Conditions 4 through 10 shall be interpreted to mean prior
to award of the construction contract for site/structural improvements, as opposed to earth
improvements.
4. Prior to award of the construction contract for Phase I improvements, final
architectural plans (including site plan, floor plan, roof plan, sign plan,
8
I
I
elevations, color palette and materials board, and landscape plan) for Phase I
improvements shall be reviewed and approved by the Design Review
Committee.
5.Prior to award of the construction contract for Phase II improvements,
architectural plans for all structures (including the aquatic center, community
building, restroom building, etc. as applicable), landscaping, signage and
fencing shall be reviewed and approved by the Design Review Committee.
6.Prior to award of the construction contract for Phase I improvements, final plans
shall be revised to incorporate pedestrian-scale architectural elements on
the northern and western elevations of the gymnasium. Potential options
include,but are not limited to, additional lower windows, recessed openings,
stone accents, fayade textures that relate to the adjacent natural environment, or
public art. These revisions shall be reviewed and approved by the Design
Review
Committee.7. Prior to award of the construction contract for Phase I improvements, the
final landscape plan shall be revised to comply with Section 16.50 of the
OMC including provisions related to landscaping of setbacks, parking areas,
building foundations, trash enclosures, and quantity and size of plant material.
The revised landscape plan shall be reviewed and approved by Design
Review
Committee.8. Prior to award of the construction contract for Phase I improvements,
the landscape plan shall be revised to show additional landscaping along the
central parking areal creek channel interface, and along the western edge of
the gymnasium (both large and smaller accent trees) to soften the mass of
the building from residences on the west side of Santiago Creek, and to provide
a visual transition between the natural creek area and the building. The
revised landscape plan shall be reviewed and approved by Design Review
Committee.9. Prior to award of the construction contract for Phase I improvements, final
plans shall be revised to include a trash enclosure detail that shows a smooth finish
to match the proposed building, a wood or steel pipe landscaped trellis, and
shrubs and vines for screening. The revised final plans shall be reviewed and
approved by Design Review
Committee.10.Prior to award of the construction contract for Phase I improvements, final
sign plans showing a detail of the proposed monument sign and all building
signs text, materials, dimensions, and attachment details) shall be reviewed
and approved by Design Review
Committee.11. The applicant shall incorporate (non-chemical) soil stabilization
measures into the design specifications for construction of the landfill cap and mass
grading of the site, and shall submit final design plans for this construction phase
to
Community Development Department for review and approval prior to the
issuance of grading permits.
Communitv Services
12. The City/construction contractor shall coordinate with Kinder Morgan regarding
the location, depth and appropriate protection measures for the onsite jet fuel
pipeline prior to issuance of grading permits for each phase of construction.
Appropriate protection measures as directed by Kinder Morgan shall be
incorporated into design plans and specifications and implemented during
construction.
Public Works
13. The City/construction contractor shall submit a Water Quality Management Plan
to the Public Works Department for review and approval prior to the issuance of
building permits for Phase I and Phase II improvements. The plan shall address
both construction and long-term operating conditions on the site. The final
site improvement plans shall meet all City NPDES permit requirements applicable
at the time of permit issuance. The Community Services Director or designee
shall ensure compliance with these
requirements.14. The City/construction contractor shall investigate options for the design of
the access driveway at Walnut Avenue taking into consideration
driveway elevations, the potential need for a retaining wall, and the ultimate alignment
of Walnut Avenue. Detailed design plans shall show no parking stalls at the
throat of the Walnut Avenue driveway. Final design plans shall be reviewed
and approved by the Public Works Department prior to issuance of building
permits for Phase I
improvements.15. McPherson Road shall terminate in a cul-de-sac as shown
in the project conceptual plans recommended for approval by the
Planning Commission and ultimately approved by
the
City Council.Police 16. The City/construction contractor shall ensure appropriate
visibility of the skatepark area and submit final design plans to the
Orange Police Department for review and approval prior to issuance of building permits
for
Phase II improvements.17. The City/construction contractor shall design security lighting
for walking paths and structures, and submit a photometric study
that demonstrates compliance with security lighting standards to the Orange Police Department
for review and approval prior to the issuance of building permits for Phase
I improvements, and
Phase
18.
I Fire
19.
Water
The City/construction contractor shall use low growing shrubs on the site to the
extent possible to ensure appropriate site visibility and shall submit a final
landscape plan to the Orange Police Department for review and approval prior to
issuance of building permits for Phase I improvements, and Phase II
improvements.
The City/construction contractor shall provide adequate onsite turnaround areas
for fire vehicles, fire hydrants in appropriate locations, and adequate emergency
vehicle access from McPherson Road. Final design plans demonstrating
compliance with fire infrastructure and access requirements shall be submitted
to the Orange Fire Department for review and approval prior to issuance of
building permits for Phase I improvements, and Phase II improvements.
20. The City/construction contractor shall coordinate with the Water Division
regarding the potential need for a 12" water line at the site. Final design plans
demonstrating the provision of adequate water infrastructure shall be submitted
to the Water Division for review and approval prior to issuance of building
permits for Phase I improvements, and Phase II improvements.
Environmental
21. Prior to issuance of building permits, plans for the proposed structures
including building elevations and materials) and detailed landscape plans shall
be reviewed by the City's Design Review Committee. The Director of
Community Services or his designee shall ensure compliance with standard
procedures. (Standard Condition 3.1-
1)22. Section 17.12.030 of the Orange Municipal Code describes general
provisions related to lighting. As part of the project approval process, a photometric
study would be required at the time of building plancheck to demonstrate that
light levels on walkways and at the property line meet City standards. (
Standard Condition 3.
1-2)I 23.Construction contracts shall specify that the contractors comply
with Standard Specifications for Public Works Construction (Greenbook),
which includes compliance with Rule 403 best available control measures. (
These requirements may include site watering (pre-grading and post-
grading, three times daily),chemical stabilizers, wind fencing, covering haul vehicles,
bed liners in haul vehicles, wheel washers, high wind measures,
reduced speed limits, limitations on yardage hauled per day and quarter, limitations on hauling
route (e.g. trucks per hour), limitations on truck idling, etc.) The
Community
designee shall monitor contract compliance and implementation. (Mitigation
Measure AQ-
1)24. Construction contracts shall specify that truck hauling and earthmoving
onsite be prohibited during projected second stage smog alerts. If possible,
hauling should avoid the months of July and August, when ozone levels are
elevated most often. The Community Services Director or designee shall
monitor contract compliance and implementation. (Mitigation Measure
AQ-2)25. Prior to the removal of any tree, the City/construction contractor shall
obtain a tree removal permit pursuant toChapter 12.32 of the Orange
Municipal Code,Tree Preservation, if determined to be applicable by the Director
of Community Services. The Director of Community Services shall
ensure compliance.StandardCondition
3.4-1)26. Prior to the initiation of any construction-
related activity that involves disturbance to soils and/or vegetation, the City
shall obtain concurrence letters from the ACOE and RWQCB (confirming that no permits
are necessary) and a Streambed Alteration Agreement from the CDFG (
for impacts to riparian vegetation related to the placement of riprap on the
eastern slopes of Santiago Creek), OR otherwise obtain required permits as
directed by the resource agencies. As part of the Streambed Alteration Agreement,
the City shall prepare and implement a mitigation plan to replace, restore,
and/or compensate for impacts to 0.30-acre of riparian vegetation,
as determined by CDFG. The Community Services Director or designee
shall ensure compliance with
this measure. (Mitigation Measure BR-1)27. If construction proceeds between February 1 and
June 30, no more than seven days prior to the onset of construction
activities (e.g. vegetation clearing or grading), a qualified biologist
shall conduct a preconstruction nesting raptor survey to establish the presence of any active
raptor nests within the limits of project disturbance and adjacent areas. If a
raptor nest is found, the following restrictions on construction shall be
implemented by the City/contractor between February 1 and June 30 (or until nests are no
longer active as determined by a qualified biologist): 1) clearing limits will
be established with a minimum of 500 feet in any direction, from
any occupied raptor nesting exhibit nesting activity; and 2) access and surveying will not be
allowed within 100 feet of any raptor nest exhibiting nesting activity.
Any encroachment into the 500-100 foot buffer area around the known nest is allowed
only if it is determined by a qualified biologist that the proposed
activity will not disturb nest occupants. The Community Services Director
or designee shall ensure
compliance with this measure. (Mitigation Measure BR-2)28. The City/
construction contractor shall comply with Public Resources Code Section 5097.5 which
states, "(a) No person shall knowingly and willfully excavate upon, or remove,
destroy,
I
29.
30.
31.
I
32.
ruins, burial grounds, archeological or vertebrate paleontological site,
including fossilized footprints, inscriptions made by human agency, rock art or
other archaeological paleontological or historic features situated on public
lands ..." If buried cultural material is encountered during construction, the
City/construction contractor shall immediately stop work in the area. Work shall
be halted until the City can retain a qualified cultural resources specialist, and
determine the nature and the significance of the find. If significant cultural
materials are found, they shall be salvaged and collected under the responsible
direction of a qualified cultural resources specialist. The Director of Community
Services will ensure compliance. (Standard Condition 3.5-
1)The City shall comply with Health and Human Safety Code Section 7050.
5,which states, "(b) In the event of discovery of human remains in any
location other than a dedicated cemetery, there shall be no further excavation
or disturbance of the site or any nearby area reasonably suspected to
overlie adjacent remains until the coroner of the county in which the human
remains are located are discovered
has
determined... that the remains are not subject
to the provisions of Section 27491 of the Government Code or any other
law concerning investigation of the circumstances, manner, and cause of any
death,and the recommendations concerning the treatment and disposition of
the human remains have been made to the person responsible for the excavation,
or to his or her representative, in the manner provided in Section 5097.98 of
the Public Resources Code. ..." The Director of Community Services will
ensure compliance. (Standard Condition 3.
5-2)Construction contract specifications shall include implementation of
an erosion and siltation control plan acceptable to the Public
Works Department.Community Services Director or designee shall ensure contract
compliance and implementation. (Mitigation
Measure GS-1)Prior to award of the construction contract for the project,
the specifications and recommendations identified in the Geotechnical
Engineering Site Assessment Report prepared by SECOR (dated January 25, 2001) and in
the final Landfill Closure Plan prepared by SCS Engineers shall be
included in construction contract. The Community Services Director or designee
shall ensure contract compliance and implementation. (
Mitigation Measure GS-2)Prior to any ground disturbance within
the pipeline easement, the City/construction contractor shall identify
and implement safeguards for protection of the onsite pipeline
during grading/development including coordinating with Kinder Morgan to delineate
the pipeline and conduct potholing to verify the pipeline location and depth.
The pipeline shall be protected in place. The Community Services Director
or designee shall ensure compliance and
implementation. (
33. The City shall process a Letter of Map Revision with FEMA to update the
current Flood Insurance Rate maps to reflect the proposed development.
Standard Condition 3.8-
1)34. To minimize long-term water quality impacts, prior to the issuance
of grading permits for any portion of the project, the City/ contractor shall submit
a project-level Water Quality Management Plan (WQMP) to the City's
Public Works Department for review and approval. The WQMP shall identify
site design BMP's, routine structural and non-structural BMP's,
and treatment control BMP's as applicable and shall provide a mechanism
for assuring long-term operation and maintenance of structural BMP's.
The Director of Community
Services shall ensure compliance.In addition, prior to construction, the City shall
prepare and implement (during construction) a Storm Water Pollution Prevention
Plan (SWPPP) to identify Best Management Practices to control erosion
and pollutant transport, including the following measures or the equivalent as determined
by the Director of Community
Services or his designee:Sediment from areas disturbed during construction
shall be retained onsite using structural controls (such as storm
drain inlet protection, plastic sheeting, sandbags, check berms or desilting basins)
to prevent erosion to storm drains, channels or
other bodies of water.Stockpiles of soil or other materials shall be
properly contained and covered to avoid sediment transport from the construction
site via runoff,
vehicle tracking or wind.Runoff from equipment and vehicle washing shall
be contained at the construction site and shall not be discharged to
the storm drain
system.Mitigation Measure WQ-l)35. Construction contracts shall limit grading
and construction so that no construction occurs between the hours of 8:00 p.m. and
7:00 a.m. Monday through Saturday, or anytime on Sundays or
federal holidays, pursuant to the limitations established in the City's
Noise Ordinance. The Community Services Director or designee shall
assure
contract compliance. (Mitigation Measure NS-l)36. Construction contracts
shall limit onsite heavy construction equipment operations to 7am to 5pm Monday through Friday,
8am to 4pm on Saturday and prohibited on Sundays and
Holidays. The Community Services Director
shall ensure compliance. (Mitigation Measure NS-2)37. Prior to construction, the
City/construction contractor shall coordinate with the Public Works Department to obtain
an encroachment permit or haul permit (if required). As part of the
permit process, the contractor shall submit a construction traffic plan for
each
for review. The plan shall identify truck transport routes, site access points,
construction signing and any special traffic control requirements. The
Community Services Director or designee shall implement this measure. The
Engineering Department shall monitor compliance. (Mitigation Measure TR-
1)
I 38.The City shall schedule events to comply with the following scheduling
limitations to ensure that peak parking demand does not exceed supply:
Phase 1- A peak event at the proposed Gymnasium will not be scheduled
with a peak event at the existing soccer fields.
Phase 2- During a peak event at the Gymnasium, no other peak events
except for picnic area events) will be scheduled.
Phase 2- During an amphitheatre event, no other peak events will be
scheduled. In addition, at least one ofthe three classrooms at the gymnasium
will not be programmed.
Phase 2- No more than three peak events from the following four amenities-
soccer fields, Community Building, Aquatic Center, or picnic areas- may be
scheduled simultaneously.
If it becomes necessary to deviate from these scheduling limitations, the City's
Director of Community Services or designee shall secure additional parking
such that parking demand does not exceed the proposed supply. The City has
identified two feasible options for securing overflow parking offsite- these
options include but are not limited to Prospect Street Elementary School located
one block east of Grijalva Park (54 parking stalls) and El Modena High School
located two blocks east of Grijalva Park (377 parking stalls). The Director of
Community Services or designee shall ensure compliance. (Mitigation
Measure TR-
2)SECTION 3 -AUTHORIZATION FOR ADMINISTRATION OF CITY
OBLIGATIONS
I BE IT FURTHER RESOLVED that the City Manager (or his
authorized designee) is hereby authorized and appointed (i) to act as the agent of the City of
Orange to conduct all negotiations with, and to execute and subrnit all applications for
permits from, the United States, the State of California, the County of Orange or any
other political subdivision, agency or instrumentality having jurisdiction over the
Grijalva Park Extension property and the Project (the "Governmental Authorities"); (ii) to do
any and all things and to execute and submit any and all agreements, contracts
and documents he deems necessary or advisable in order to carry out, give effect to
and comply with applications made to Governmental Authorities and the terms and intent
of this Resolution and completion of the Project approved hereby; (iii) to administer
the City's obligations, responsibilities and duties to be performed hereunder; and (iv)
to authorize staff to begin work on final design plans and specifications for conceptual
plan
implementation.
ADOPTED this 13th day of December, 2005.
ATTEST:
Mary E. M ge
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 13th day of December, 2005, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Mary E.
16