RES-9817 Major Site Plan Review 3001 W. Chapman Ave.RESOLUTION NO. 9817
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AI)PROVING MAJOR SITE
PLAN REVIEW NO. 258-02 TO ALLOW
THE CONSTRUCTION OF A 460-
UNIT APARTMENT COMPLEX AT 3001 'VEST
CHAPMAN AVENUE.APPLICANT:
BRE PROPERTIES WHEREAS, Major Site Plan Review No. 258-02 was filed by
BRE Properties in accordance with the provisions of the City of OrangE:
Municipal Code; and WHEREAS, Major Site PlanReview No. 258..02 was processed in
the time and marmer described by State and
local law; and WHEREAS, the City Council has considered the information
contained in Final Environmental Impact Report No. 1710-02, including
the draft Environmental Impact Report, comments received during the public review period for the
DEIR, and response to comments, and has found that with the exception of
operational and cumulative air quality impacts and cumulative noise impacts, the project will
not significantly impact the environmental wild life. For those impacts identified as
significant and unavoidable, the Statement of Overriding Considerations has concluded that the
benefits of the project,including the substantial contribution the project makes to the City'
s housing stock, the housing units created in close proximity to a major employment center,
and the manner in which it implements the City's General Plan and
Economic Development goals, outweigh
the unavoidable impacts; and WHEREAS, the City Council of the City of
Orange conducted one duly advertised public hearing on January 13,2004 for the purpose
of considering Major Site Plan Review No. 258-02 upon property generally located
at 3001 West Chapman Avenue.NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF ORANGE that Major Site Plan Review
No. 258-02 is hereby approved for the construction of the 460-unit
Pinnacle at Uptown Apartment Complex, located at 3001 West
Chapman Avenue, based on
the following findings:SECTION 1 - FINDINGS 1. The project design
is compatible with surrounding development and neighborhoods in that the vicinity
of the Pinnacle at Uptown Specific Plan and Apartments is
characterized by a mix of commercial development types including
motels, low-rise office buildings, and a mobile home park, which
freeways. Further west of the project site beyond Interstate-5 is
the high-intensity development associated with the UC
Irvine Medical Center, high-rise hotels, County facilities, and
The Block. Although the proposed project represents a departure from the
character of the immediately adjacent development, it is of a scale
and character that is appropriate for the substantial freeways
and Chapman Avenue roadway. The Specific Plan and project
establish a planning framework that reinforces the project area's function
as a transitional element between The City Center
and established low-intensity residential and commercial development
located east of SR-57.The project site is also located
within the Orange Merged and Amended Redevelopment Area, and
has been addressed in the Uptown Orange Land
Use and Economic Development Strategy,which identifies the suitability of the area
for the development of a mix of
uses including high-density residential development.2. The project confonns
to City development standards and any applicable special design
guidelines or specific plan requirements in that Major Site Plan Review No.
258-02 is one component of the larger
development application for General Plan Amendment No.2002-0004
and Zone Change No. 1217-02, which establish a
residential density range and development standards that are unique and tailored
to the Pinnacle at Uptown Specific Plan area. The apartment complex
has been reviewed by the City's Design
Review Committee for conformance with the Southwest Design Standards.3. The
project provides for safe and adequate vehicular and pedestrian circulation, both
on- and off-site in that the project includes the installation
of a signal at the main Chapman Avenue entrance into the
complex to ensure safe ingress and egress from the main entrance.
The project also provides a total of 867 parking spaces,
exceeding the number of spaces required by the Municipal Code.The
proposed project is conveniently located to four OCT A bus stops, and a
bus routethat provides access to and from the
Orange Transportation Center/Metrolink Station. The project site is also within
walking distance of The City Center, a major hub
of employment and retail activity, that encompasses UC Irvine Medical
Center, The City Center office buildings, The
Block, and two substantial hotels. Additionally, mitigation measures and
conditions of approval adopted in conjunction with project
approval will
address
traffic congestion and safety-
4. 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.
5. With the exception of operational and cumulative air quality impact
and cumulative noise impacts, the project has been designed to fully
mitigate or substantially minimize adveTse environmental effects in
that Environmental Impact Report No. 1710-02 was prepared
and includes mitigation measures that re:duce potential impacts
to aesthetics, construction-related air quality,
cultural resources,hydrology, water supply and water quality,
construction-related and on-site operational noise, public services
and utilities, soils and geology, and project-
specific traffic to less-than-significant levels.For those impacts
identified as significant and unavoidable, the City Council finds that the
benefits of the project outweigh the negative effects as detailed
in Section 2 bdow. Adoption of Final
Environmental Impact Report No. 1710-02 and associated Mitigation
Monitoring
Program will ensure that potential impacts are addressed.6. The creation of
a new General Plan Floor Area Ratio Overlay District H and
the zone change from Limited Business (C-1) to
Planned Community (Specific Plan) [PC (SP)] are intended
to accommodate the development of high-density residential uses by establishing a
residential density range of 25 to 60 dwelling units per acre.
Therefore, Major Site Plan Review No. 258-02 is
bound to,and cannot proceed without, approval of General
Plan Amendment No. 2002-0004 and Zone Change No.
1217-02. The residential development allowed by these land use
changes support the implementation of the City's
2001 Housing Element which identifies Uptown Orange as an
UnderutilizeclJRedevelopment Site, that has the potential to accommodate :500-
850 new dwelling units. The implementation program of the Pinnacle
at Uptown Specific Plan also
ensure the project's contribution to the development of affordable
housing in the City.7. The Pinnacle at
Uptown Specific Plan text establishes the development standards for the
Planned Community land use designation established by Zone Ch.mge No. 1217-02.
Upon City Council approval of
the
8. That there is no evidence before the City of Orange that the proposed
Specific Plan and associated development will have any potential for
adverse affects, either individually or cumulatively, on wildlife
resources or the habitat upon which the wildlife depends. Therefore,
the proposed development is found to have a de minimis impact in
its effect on fish and wildlife.
9. That the City of Orange has made required findings pursuant to
CEQA as set forth in Section 2 below.
10. 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 Environmental Impact Report No. 1710-
02,General Plan Amendment No. 2002-0004, Zone Change
No. 1217-02, and Major Site Plan Review No. 258-
02, staffs oral presentation, public testimony, and
Commissioner comments which constituted the City Council's review
of this application.SECTION 2 -
ENVIRONMENTAL REVIEW 1. Environmental Impact Report No. 1710-02 was
prepared for General Plan Amendment No. 2002-0004, Zone
Change No. 1217-02, and Major Site Plan Review No.
258-02 in compliance with the California
Environmental Quality Act and associated Guidelines.2. The City Council finds
that the Final Environmental Impact Report contains an
adequate assessment of the potential environmental impacts of General
Plan Amendment No. 2002-0004, Zone Change No. 1217-
02, and Major Site Plan Review No. 258-02.3. The City
Council finds that with the exception of operational and
cumulative air quality impacts and cumulative noise impacts,
all other potentially significant adverse environmental impacts can be mitigated to
a level of insignificance. The City Council also finds that
the benefits of the proposed project, including the substantial contribution the
project makes to the City's housing stock, the housing
units created in close proximity to a major employment center, and the
mamler in which it implements the City's
General Plan and Economic Development goals, outweigh the
unavoidable adverse environmental effects and therefore recommends that
the City Council approve Environmentall Impact Report No. 1710-
02 and adopt
the
SECTION 3 - CONDITIONS OF APPROVAL BE
IT FURTHER RESOLVED that the following conditions are imposed with approval:
Gellleral
1.
Within two 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 ddermined that there will be no impact
upon wildlife resources, the f(:e shall be $850.00.2.
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 heen 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.3.
All construction shall conform in substance and be maintained in general
conformance with plc:ms dated October 20, 2003 for identification
purposes and as recommended for approval by the Planning
Commission and ultimately approved by the City Council.Further,
exterior building color and materials shall conform with the color
and materials board submitted to and approved by the Design Review
Committee on July 23, 2003. 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.
4.
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.5
5. 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.
6. These conditions will be reprinted on the cover sheet or first page of
construction plans prior to the issuance of building permits.
Plannine
7. The applicant shall submit parking structure floor plans and a site
plan clearly depicting a total of 92 guest parking spaces prior to the
issuance of grading permits.
8. The applicant shall submit plans that incorporate a minimum of 30
additional private storage lockers. These lockers shall be assigned to
the junior one-bedroom and loft units at no additional charge to
the tenants of those units. Ten (10) of these lockers shall provide
a minimum of 30 cubic feet of storage for assignment to the loft
units,with the remaining 20 providing a minimum of 60 cubic feet
of storage space. The incorporation of storage space shall be
verified by the Planning Division prior to the issuance of building permits
for the parking
structure.9. The applicant shall incorporate a sidewalk along the eastern edge
of the westernmost Chapman A venue vehicular access point
that provides a link between the units and Chapman Avenue
sidewalk.This feature shall be represented on the site plan for verification
by the Planning Division prior to the issuance of building
permits.Desi~
n 10. The applicant shall submit detailed architectural plans of the
interior corridors of the complex for review and approval by the
Community Development Director, or designee prior to the issuance of
building
permits.11. The applicant shall submit details of window trim, eaves,
archways,horizontal trim, railings, and utility enclosures to the DRC for
final review and approval prior to the issuance of building
permits.12. Prior to the issuance of building pernlits, the applicant shall
submit final landscape and irrigation plans flx review and approval by
the Director of Community Services, or designee. The landscape
plan shall clearly identify the planting legend on the plan with
symbol,
name, size and quantity of all plam materials. The landscape plan
shall also incorporate all standard City notes and specifications.
13. The applicant shall cluster the roof ve:nts to the maximum extent
possible through consolidating vents within attic space or similar
methods.
14. The applicant shall submit samples of the artificial stone and roof
material, as well as the color palette, for DRC review and approval
prior to the issuance of building permits.
15. The applicant shall provide details on the garage headlight barrier
adjacent to the apartment buildings to the DRC for review and
approval prior to the issuance of building permits.
16. The applicant shall submit a final landscape and fencing plan to
DRC for review and approval prior to the issuance of building
permits. The final landscape plan submitted for review and approval
by the DRC shall:
Reflect the preservation of existing trees to the maximum extent
possible, as deemed approprlate by the findings of a tree survey
prepared by a certified arborist, in order to maintain the
screening of the wireless communication facility from Chapman
Avenue and preserve the visual quality of the Santa Ana River
Trail;
Incorporate low-profile clinging vines to grow on the back
wall of the garages located along the west property line;
and,Incorporate plantings that will fUnction to buffer the
parking spaces, carport structures, and trash enclosures from the
Santa Ana River Trail, while addressing the crime
prevention objectives and requirements of the Orange Police
Department.17. The applicant shall confirm the appropriate palm tree variety for
use as street trees with the City's Street Tree coordinator prior
to approval of the final landscape plan by
DRC.Public
Works 18. The applicant shall install traffic signal interconnect conduit
in Chapman A venue between the traffic signal at Rampart Street
and the west side of the Santa Ana River Bridge, for use by the City
of Orange. This conduit shall be in addition to any
interconnection
conduit required by Caltrans to facilitate coordination between the
project's traffic signal and the Chapman/Rampart traffic signal.
19. The westernmost Chapman Avenue vehicular access shall be
restricted to right turn in and right turn out. This shall be reflected
on the site improvement plans prior to the issuance of grading
permits.
20. The applicant shall submit a Water Quality Management Plan to the
Public Works Department for review and approval prior to the
issuance of grading permits. 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.
Compliance with these requirements shall be verified by the Public
Works Director, or designee, prior to the issmillce of grading
permits.21. The applicant shall prepare a drainage plan for the project for
review and approval by the Public Works D~:partment prior to the
issuance of grading
permits.22. The applicant shall obtain a grading permit from the Public
Works Department prior to the start of site
preparation.23. The applicant shall consolidate all existing parcels into one
parcel prior to the issuance of building
permits.24. The applicant shall provide trash enclosures and a trash
compactor on-site per City Standards 408 and 409. These shall be
included on site improvement plans for review and approval by the
Public Works Department prior to the issuance of
grading permits.25. The applicant shall relocate the existing City-
owned sanitary sewer line and dedicate new easements per City
standards. This dedication shall be verified by the Public Works Department
prior to the issuance
of grading permits.26. The applicant shall dedicate to the City any
portion of Chapman A venue, if any, not currently dedicated for street
and public utility purposes. Documentation of this dedication shall
be submitted to the Public Works Department for review and approval
prior to the issuance
of grading permits.27. The applicant shall dedicate to the City the right to
enter the private driveways for maintenance of pubhc
utilities,
Police
Fif(~
trash collection, etc. Documentation of this dedication shall be
submitted to the Public Works Department for review and approval
prior to the issuance of grading permits.
28. The applicant shall design the carports to be open on all sides to
provide for maximum surveillance/visibility. The suitability of the
final carport design shall be ccmfinnecl by the Police Department
prior to the issuance of building permits.
29. The design of the project stairwells shall be reviewed and approved
by the Police Department prior to the issuance of building permits.
30. The location of all mailboxes shall be indicated on the construction
drawings for Police Department review and approval prior to the
issuance of building permits. Mailboxes shall be sited in well-lit
and central
locations.31. The developer shall be responsible for the following
Fire Department
requirements: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, D.B.
C.Standards 9-1 and 9-2. The sprinkler
system
requires 24-hour supervlSlon.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.The Fire Department conm~ction 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.Provide on-site fire hydrant(s)
and mains capable of supplying the required fire flow. The
hydrant
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.LY.) 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.e. Sections 903 and 1001.7)
The Fire Department connection shall not pressurize a hydrant.
Plans must be submitted to the Building
Department.The number and location of hydrants shall be determined by
Fire and Water
Departments.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.Every building shall be accessiblt~ 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.e. Sections 901 and
902.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 City of Orange Fire Departments Fire Lane
Standards.All exit ways shall be provided with an all weather surface
that continues to a public
way.Provide a secondary emergency access that is built
and maintained in accordance with U.F.C. Sections 901 and
902.Dead-end fire apparatus access roads in excess of 150
feet in length shall be provided with approved provisions for
the turning around of fire apparatus. Dead-end Fire
Department access roads shall not
exceed 600 feet.The Fire Department access roadway shall be
an all weather driving surface capable of supporting the imposed
loads of fire apparatus, 20,000 pounds per axle. The access
shall be designed for a three-axle vehicle. (Engine weight 36,
050 and Truck weight 54,000 pounds) UTe. Section
902.
W~lter
The Fire Department access roadway shall be provided with
adequate turning radius for fire department apparatus. (A 45 foot
outside and 25 foot inside radius.) UF.C. Section 902.2.2.3.
Fire Department emergency access must not exceed 12 percent
grade. D.F.C. Section 902.2.2.6.
All mechanical gates shall be provided with a key-
operated override per City of Orange Ordinance 9-84. And
a manual release in case of
electrical failure.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 shan contain keys to
gain access to each building. U.F.C. Section
902.4.Provide fire access gates every 150 feet in all areas that
are gated.Gates shall have a 4 feet
minimum opening.All elevators shall comply with California Building
Code Section 3003.5 and 3003.5a, for stretcher requirements.
The elevator designated for medical use shall be sized to fit a 8l"
x
24"stretcher.Provide a fire alarm system as required per D.F.C.
Article 10.Provide standpipes as required pe:r D.B.C.
Table 9A.Fire facility fees will
be required.An onsite inspector may be provided by
the DeveloperlBuilder.The inspector must be approved and under contract with
the Fire Department/City. An office, phone, and transportation
must be provided
on site.32. The applicant shall be responsible fix the relocation of
the existing water facilities as impacted by the proposal to a location and
of a design as the approved by the Water Division prior to the
issuance of
building
33. The applicant shall be responsible for the removal and disposal of
the existing water facilities as impacted by the proposal prior to the
issuance of building permits.
34. The applicant shall install a City dedicated water system as designed
by the Water Division prior to the issuance of building permits.
35. Each building shall be metered separately unless otherwise approved
by the Water Division.
36. The applicant shall furnish and install City dedicated remote read
meters for all domestic and landscape services of a manufacturer as
approved by the Water Division.
37. The applicant shall furnish and install individual pressure regulators
on services where the incoming pressure exceeds 80 psi.
38. A twenty-foot (20') separation shall be maintained from the
water mains to the all buildings and structures unless otherwise
approved by the Water
Division.39. Each building shall be protected with a separate fire service
unless otherwise approved by the Fire Department and Water
Division.40. 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.41. The applicant shall satisfy all water bond requirements for
the installation of the water system as determined by the Water
Division prior to approval of the water
plan.42. The applicant shall furnish a dedicated and graded minimum
IS-foot unencumbered access and utility easement for facilities
proposed to remain and for future facilities to be contiguous to the
existing City Right of Ways and easements as det~~rmined by the
Water Division for all, public water facilities including mains,
meters, detector checks, and fire hydrants prior to approval of the
water plan.43. The applicant shall enter into a Decorative
Improvement Agreement with the City of Orange prior to the final completion
and acceptance of the
water
44. The applicant shall provide material submittals for all proposed
public water facilities to the Water Division for approval a minimum
of 14-calendar days prior to
construction.45. The applicant shall furnish and install manually operated locks
and keys to the Water Division for the gated entrances unless
otherwise approved by the Water
Division.
Environmental 46. The applicant shall relocate some of the carport buildings to create
a visual corridor for the occupants of the adjacent I-
story office buildings. This change shall be reflected on the site plan
and verified by the Community Development Director, or designee, prior
to the issuance of grading permits. (Mitigation Measure
5.1-1)47. To the extent deemed feasible by the tre:e survey,
existing trees from the interior of the proposed site shall be preserved
in place or relocated to the site's perimeter edges to provide
screening of the Santa Ana River Trail and the proposed
development. The existing on site trees shall be evaluated in a Tree Survey to be
performed by a certified arborist. The evaluation wiLl consider the
general health and quality of the on site trees. The trees will be
preserved in place,relocated or removed based upon criteria, including,
but not limited
to the following:Trees that are in good condition, healthy, and that
would not be impacted by the proposed development activities,
will
remain in place.Trees that are in good condition,
healthy, considered good candidates for relocation, and that would be
impacted by the proposed development activities, will be
relocated elsewhere on the site. Qualities indicative of good
candidacy are species characteristics,
health, and size.Trees that are not in good condition (i.e., not
healthy or small)
will be removed.The survey shall include a graphic representation
of the location of all existing trees on the site and the trail
alignment. The survey shall be reviewed and deemed adequate by the
City's Landscape Coordinator prior to approval of the final landscape
plan by the Design Review Committee and any
tree removal activities.Additionally, prior to tree removal activities,
the
obtain from the Community Services Director or designee, tree
removal permits for any trees larger than 10.5 inches in diameter
at breast height (DBH). (Mitigation Measure 5.1-
2)48. The following tree replacement ratio shall apply to all large
trees removed in the area between the trail and the nearest
proposed building wall of the apartments. Any healthy trees removed in
this area that are larger than 10.5 inches in DBH shall be replaced
with 24-inch to 48-inch box specimens at
the following ratios:25% at the
48-inch box size 25% at
the 36-inch box size 50%
at the 24-inch box size This shall be reflected on the final
l:mdscape plan for review and approval by the City'
s Design Review Committee and verification by the City's Landscape
Coordinator on the working drawings prior to initiation of site clearance
and tree removal. The City will consider the use of three IS-gallon
trees in lieu of a 24-inch box specimen in instances
where the planting of the larger container size is not
appropriate given site conditions. (Mitigation Measure 5.1-3)49. The final
landscape plan shall, at a minimum, include the following in order
to screen the proposed carport structures, open parking, and trash
enclosures from users of the Santa Ana River Trail:Shrubs
with a mature height of approximately 3-feet and open growth
habit to screen the grills of an average passenger vehicle.
Trees with
a mature canopy height appropriate to screen/
buffer carport roofs.Clinging vines to grow on trash enclosures.This
screening shall be reflected on the final landscape plan and
verified by the City's Landscape Coordinator in consultation with the
Police Department prior to the issuance of
building permits for the leasing office. (Mitigation Measure 5.1-4)50.
None of the proposed plantings along the eastern site perimeter shall reach a height
beyond three feet or have a tree canopy lower than six feet.
This shall be verified by the City's Landscape
Coordinator
prior to the issuance of a building permit for the leasing office.
Mitigation Measure 5.1-
5)51. In accordance with the City of Orange Municipal Ordinance
Section 17.12.030, lighting on the site shall be directed, controlled,
screened or shaded in such a manner as not to shine directly on
surrounding premises. Furthermore, lighting on any residential property shall
be controlled so as to prevent glare or direct illumination of any
public sidewalk or thoroughfares. These conditions shall be verified by
the Police Department prior to the issuance of certificates of
occupancy for each phase of construction. (Mitigation Measure 5.
1-6)52. All on-site security lighting shall comply
with Police Department lighting standards. The applicant shall submit
a photometric study for Police Department review and approval prior to
the issuance of building permits. (Mitigation
Measure 5.1-7)53. Construction contractors shall use
non-glare, directional lighting to minimize potential light and glare
impacts when lights are necessary for nighttime safety and security
in the construction area. Shields shall also be used to
avoid light spillage toward surrounding residential and motellhotel
uses. (Mitigation Measure 5.1-8)54. Construction areas
immediately adjacent to residential uses along Rampart Street or along
the project edge shall be temporarily screened by green mesh fencing
in order to minimize impacts to ground floor receptors along the
property line. The City of Orange Planning Division shall verify that this Dencing
is in place prior to the issuance of building
permits. Temporary fencing/screening should be removed only upon completion
of construction in adjacent areas. If fencing is needed in
the pubEc right-of-way, the applicant shall obtain
an encroachment pennit from
the Public Works Department.Mitigation Measure 5.1-9)55. All heavy equipment shall
be maintained in a proper state of tune as
per the manufacturer's specifications. (Mitigation Measure 5.2-1)56. Prior
to the issuance of any grading permits, the applicant shall
prepare a Fugitive Dust (PMIO) Mitigation Plan. The Plan
shall identify methods to control fugitive dust through
implementation of reasonable available control measures 1m sufficient frequencies
and quantities to prevent visible emissions from crossing the property line of
the proposed project
site,
All areas of active grading shall be watered at least twice daily.
Disturbed areas at the construction site shall be treated with dust
suppressants when activities have ceased for 30 days.
All stockpiles for material export (including demolition debris)
shall be watered twice daily. Stockpiles that may be used for
long-term on-site soil storage shall be planted and
watered twice daily until such plants
take root.Trucks removing excavated solids from the site shall
be hosed down or brushed off to avoid excessive track out of
loose soil.Additionally, the construction contractor shall specify the
use of wheel washers" if soil is tracked out onto
public roads.The plan shall be reviewed and approved by
the Community Development Director or designee, prior to
permit issuance.MitigationMeasure
5.2-3)57. The project shall incorporate an alternative
fuel vehicle, electric charging station(s), and/or natural gas hookup(
s). These features shall be incorporated into the construction
drawings for verification by the Community Development Director, or designee,
prior to the issuance of building permits. (Mitigation
Measure 5.2-4)58. The applicant/contractor shall specify
the installation of energy efficient lighting, air conditioning and
appliances. This shall be reflected on the construction drawings and
verified by the Building Official, or designee, prior to the
issuance of building permits.
Mitigation Measure 5.2-5)59. An Orange County
certified archaeologist/paleontologist shall be retained onsite to
monitor all earthmoving activities, including clearing, grubbing and grading of the
site. (
Mitigation Measure 5.3-1)60. If previously
unidentified archeological resources are uncovered during site
preparation, grading, or excavation, the archaeological/paleontological
monitor shall temporarily halt or divert grading in the immediate area of
the discovery and to evaluate the resources. If the
archaeologist/paleontologist determines that they are unique archaeological resources as defined
by Section 21083.2 of CEQA, then
the archaeologist/ paleontologist shall conduct additional excavations to avoid impacts
to
development. If they are not "unique," then no further mitigation
would be required. Unique cultural resources shall be determined
based on the criteria set forth in Section 21083.2 ofCEQA. Ifunique
resources are found, they shall be salvaged and collected in
compliance with all applicable regulations, and shall be sent to a
designated museum or agency. (Mitigation Measure 5.3-
2)61. If previously unidentified paleontological resources are
uncovered during site preparation, grading, or excavation,
thearchaeological/paleontological monitor shall temporarily halt
or divert grading in the immediate area of the discovery and to
evaluate the resources. If thearcheologist/paleontologist determines that
they are unique paleontological resources as defined by Section 21083.
2 of CEQA, then the archeologistl paleontologist shall
conduct additional excavations to avoid impacts to these resources by
the development. If they are not "unique," then no further
mitigation would be required. Unique cultural resources shall be
determined based on the criteria set forth in Section 21083.2 of CEQA. If
unique resources are found, they shall he salvaged and collected
in compliance with all applicable regulations, and shall be sent to
a designated museum or agency. (Mitigation Measure5.
3-3)62. If cultural resources are uncovered during grading
activities, grading activity in the affected area(s) shaH cease and a
Native American monitor shall be brought onsitle to assist in the
identification and recovery of items. (Mitigation Measure
5.3-4)63. If evidence of human remains is identified,
the Orange County Coroner must be notified and permitted to determine
the nature of the remains. If identified as Native
American (prehistoric), the Native American Heritage Commission shall be
notified and specific tasks associated with relocation and reburial
shall be initiated.Mitigation
Measure 5.3-5)64. Best management practices deemed necessary
by the Regional Water Quality Control Board and the City of Orange shall
be utilized on the project site during construction to
prevent discharge of sediment runoff into the storm water facilities.
These measures will be stipulated in the Storm Water
Pollution Prevention Plan (SWPPP)for review and verification by the
Public Works Director, or designee, prior to the issuance
of grading permits. (
Mitigation Measure 5.5-1)65. The applicant
shall implement post-construction BMPs consistent with the Water
Quality
Section 7 and Exhibit 7-II of the 2003 Countywide Drainage
Area Management Plan (DAMP). This includes
documenting commitments to installation and maintenance of site design,
source control, and treatment control BMPs consistent with the DAMP
New Development and Significant Redevelopment Program for
review and approval by the Public Works Director or designee prior to
the issuance of grading permits. The BMPs shall include, but not
be limited
to:Fossil filters or their equivalent shall be installed in the
storm drains on the project site to provide detention and filtering
of contaminants in urban runoff from the developed
site;Inlet inserts shall be installed in the storm drains on the
project site in order to prevent any backflow of water from the
storm drains onto the project site;
and Timely maintenance will be required by the project applicant
of storm drains to ensure that inserts and filters are kept in
optimum working
order.Sediment from areas disturbed by construction shall be
retained on site using structural controls to the maximum
extent
practicable.Stockpiles of soil shall be prop~:rly contained to eliminate
or reduce sediment transport from the site to streets,
drainage facilities or adjacent properties via runoff, vehicle tracking,
or
wind.Appropriate Best Management Practices (BMPs)
for construction-related materials, wastes, spills or residues
shall be implemented to minimize transport from the site
to streets,drainage facilities, or adjoining properties by wind
or runoff.Runoff from equipment and vehicle washing shall
be contained at construction sites unless treated to reduce or
remove sediment and
other pollutants.All construction contractor and subcontractor personnel are
to be made aware of the best management practices
and good housekeeping measures for the project site and
any associated construction
staging
At the end of each day of construction activity all construction
debris and waste materials shall be collected and properly
disposed in trash or recycle bins.
Construction sites shall be maintained in such a condition that a
storm does not carry wastes or pollutants off the site. Discharges
other than stormwater (non-stormwater discharges)
are authorized under California's General Permit for Storm
Water Discharges Associated with Construction Activity only
where they do not cause or contribute to a violation of any water
quality standard and are controlled through implementation
of appropriate BMPs for eliminatJion or reduction of
pollutants.Non-stormwater discharges must be eliminated or reduced
to the
extent feasible.Potential pollutants include but are not limited to: solid
or liquid chemical spills; wastes from paints, stains,
sealants, solvents,detergents, glues, lime, pesticides, herbicides,
fertilizers, wood preservatives, and asbestos fibers, paint flakes
or stucco fragments; fuels, oils, lubricants, and hydraulic
radiator or battery fluids; concrete and related cutting or
curing residues;floatable wastes; wastes from any engine/
equipment steam cleaning or chemical degreasing; wastes from
street cleaning;and superchlorinated potable water line flushing
and testing.During construction, disposal of such materials should occur
in a specified and controlled temporary area
on-site physically separated from potential stonnwater
runoff, with ultimate disposal in accordance with local, state
and federal requirements.Discharging contaminated groundwater
produced by dewatering groundwater that has infiltrated into the
construction site is prohibited. Discharging of contaminate soils
via surface erosion is also prohibited.
Discharging non-contaminated groundwaterproducedby dewatering activitil::s
requires a National Pollutant Discharge Elimination System (NPDES)
permit from the Santa Ana Regional
Water Quality Control Board.
Mitigation Measure 5.5-2)66. During all project site
preparation, grading and construction, the project contractors shall equip
all construction equipment, fixed or mobile, with properly
operating and maintained mufflers consistent with manufacturers' standards.
All
maintained in a properly tuned condition. (Mitigation Measure 5.7-
1)
67. The project contractor shall place all stationary construction
equipment as far as feasible and situated so that emitted noise is
directed away from sensitive receptors to the west of the project site.
Mitigation Measure 5.7-
2)68. The construction contractor shall locate long-term
stock-piling and equipment staging areas in a manner to provide
as much distance between construction-related noise
sources and potentially noise sensitive receptors to the west as feasible
during all project site preparation, grading
and construction activities. (
Mitigation Measure 5.7-3)69. All construction hauling shall be limited
to those days and hours specified for on-
site construction. Construction hours will be enforced by the City
of Orange. (Mitigation Measure 5.7-4)70. All construction
equipment maintenance shall be limited to those days
and hours specified
for on-site construction. (Mitigation Measure 5.7-5)71. Prior to
the issuance of any grading permits, an Acoustical Analysis
Report shall be submitted to the Community Development Director or
designee for review and approval. The Acoustical Analysis Report
shall describe the acoustical design features of the structures required
to satisfy the City's interior noise standards. Additionally,the
analysis shall provide recommendations to reduce patio noise to no more than 70 dBA CNEL
for any balcony with a depth of six feet or more for a receptor
located at a height of 5 feet above the balcony's floor.
This latter standard may be met using glass or
Plexiglass sheeting. In addition, the Acoustical Analysis Report
shall contain satisfactory evidence indicating that the sound attenuation
measures specified in the approved acoustical reports have been incorporated into
the design of the project. No site occupancy shall occur
until subsequent noise measurements show that the 70 dB standard has
been met on the balconies. (Mitigation Measure 5.7-6)
72. Field-testing in accordance with Title 25 regulations
shall be conducted to verify interior and exterior compliance
with Sound Transmission Class (STC) and Impact Insulation Class (IIC) design
standards and City noise standards. The results of this
testing
prior to the issuance of any Certificates of Use and Occupancy.
Mitigation Measure 5.7-
7)73. Trash compaction shall be restricted to operation between the
hours of7:00 a.m. and 10:00 p.m. (Mitigation Measure 5.
7-8)74. Prior to issuance of a building permit, the applicant shall
submit an emergency access plan to the City of Orange Fire
Department for review and approval. This plan will identify alternate
routes for emergency access during construction
activities. (Mitigation Measure
5.9-1)75. The applicant shall pay all applicable fire facility fees
required by the City of Orange Fire Department prior to the issuance
of any building permits. (Mitigation
Measure 5.9-2)76. Sufficient accessibility for fire-
fighting equipment shall be provided during all phases
of construction and subsequent
operation.Mitigation Measure 5.9-3)77. The Orange Fire
Department shall review and approve development plans to ensure adequate
access and fire protection facilities are available prior to the
issuance of any
building permits. (Mitigation Measure 5.9-4)78. Prior to issuance of
a building permit, the project applicant shall submit an emergency access
plan to the City of Orange Police Department. This
plan will identify alternate routes for emergency access during
construction, to areas potentially blocked by project-
related construction activities. (Mitigation Measure 5.9-5)79. The applicant
shall coordinate with the City of Orange Water Department regarding
the depths and locations of the existing water mains. This coordination
shall occur prior to the issuance of grading permits. The applicant
shall inform the Director of Public Works, or designee, of any
planned serviCE: interruptions at least one week prior to that interruption,
and notify o'wners and tenants of affected properties one
week in advance. Proof of notification shall be provided to
the Public Works Director. (Mitigation Measure 5.9-6)
80. Water conservation measures recomrnended by the State Department of Water
Resources and applicable state laws requiring the
use of water-efficient pluming fixtures and recommendations
for low-water-using landscaping shall be incorporated into project
design
shall be verified by the City's Building Official or designee, and
Landscape Coordinator prior to the issuance of building permits.
Mitigation Measure 5.9-
7)81. The applicant will dedicate sufficient right of way for
proper maintenance of the Southeast Anaheim Channel as it passes
beneath the project site. The applicant shall widen the easement to 37 feet
as required by the OCFCD. This dedication shall be reflected on
the grading and construction plans for verification by the Public
Works Director, or designee, and Community Development Director,
or designee, prior to the issuance of grading and building
permits.Documentation of the dedication shall also be provided to the
Public Works Director or designee prior to the issuance of grading
permits.Mitigation Measure 5.
9-8)82. The applicant shall work with the City of Orange, the
County of Orange Harbors, Beaches, and Parks Department, and
the Orange County Flood Control District for coordination of trail
access point design between the project site and the Santa Ana River Bike
Trail to ensure appropriate access related to flood control. The
design and establishment of the access points shall be completed prior
to the issuance of the first Certificate of Occupancy for the
living units.Mitigation Measure
5.9-9)83. Prior to any work being conducted within
OCFCD right-of-way, a Public Property Encroachment Pernlit
shall be obtained by the developer from the County'
s Public Facilities and Resources Department. A copy of this permit shall
be submitted to the Public Works Director or designee prior to
the issuance of grading
permits.Mitigation Measure 5.9-10)84. The
project construction contractor shall reduce construction-generated waste according to state
law by 50%. The applicant or contractor shall
submit a construction waste management plan explaining the practices that will be
used to achieve this level of reduction. This plan shall be reviewed
and accepted by the City's Solid Waste Management
Coordinator prior to the issuance of
building permits. (Mitigation Measun~ 5.9-11)85. The applicant shall pay
all applicable library facility fees required by the City of Orange prior
to the issuance of
any
86. Prior to erecting any structures on the project site, all unsuitable soil
materials shall be removed and replaced as engineered fill.
Mitigation Measure 5.11-
1)87. The applicant shall install an area drain system in planter areas
to prevent pooling of surface water. This system shall be indicated
on the drainage and/or landscape plan (as appropriate) and verified
by the Landscape Coordinator, in coordination with the Public
Works Department, prior to the issuance of building permits. (
Mitigation Measure 5.
11-2)88. The applicant shall design the building foundations
to prevent pooling of surface water. The adequacy of the design
shall be verified by the Chief Building Official or designee prior
to the issuance of building permits. (Mitigation Measure
5.11-3)89. The applicant shall post a bond or letter of credit in
the anlOunt of the applicant's 5% share of the cost ($10,000) to
install an additional eastbound right-turn lane on Orangewood
Avenue at Rampart Street in the City of Anaheim. The proportional cost
of the project's contribution to traffic at this intersection was
determined in the May 7,2003 feasibility study prepared
by Austin-Foust Associates. Upon written request by the applicant, the City
of Anaheim shall have 120 days to approve the amount of the bond
and notify the applicant in writing. The applicant must post the
bond within 30 days after receiving written notification of
the bond amount. Anaheim shall notify the City of Orange in
writing upon acceptance of the applicant's bond. If the bond amount is not
approved by the City of Anaheim within 120 days of the applicant'
s written request, then the applicant shall comply
with alternative mitigation measures which shall consist of the applicant's paying the City
of Orange $10,000 to be used for traffic improvements
in the project vicinity. Compliance with this mitigation measure shall occur prior
to the issuance of the first building permit for the garden
units. Building permits for the parking structure, recreation! leasing
center, and wrapped units may be issued prior to compli,
mce: with this
measure. (Mitigation Measure 5.12-1)90. A traffic signal shall be provided at
the main project access point on Chapman Avenue. This signal
shall be operated and maintained by Caltrans and coordinated
with thE~ Caltrans signal at Rampart Street/Chapman
Avenue and 1-5 southbound ramps/Chapman Avenue. All
necessary arrangements for the signal shall be coordinated with the
Public Works Director or designee and Caltrans prior to issuance of
grading
prior to the issuance of building permits. (Mitigation Measure 5.12-
2) In lieu of these requirements, the applicant will enter into a traffic
signal maintenance agreement which meets the approval of the
Public Works Director and the City Manager.
91. The applicant shall enter into a maintenance agreement with the City
to ensure that the maintenance of the project meets standards
associated with luxury apartments and provides opportunities for the
City to enforce these standards along the lines of the maintenance
agreement between Orange City Mills Partnership and the Orange
Redevelopment Agency.
Code Provisions
The following Code provisions are applicable to this project and are included for
infonnation 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: City
sewer connection, Orange County Sanitation District Connection
Fee, Transportation System Improvement Program, Fire Facility,
Police Facility, Park Acquisition, Sanitation District, School
District, and Eastern Foothill Transportation Corridor, as
required.
Expiration-If not utilized, the Major Site Plan Review
approval expires two years from the approval date. An extension of
time may be permitted upon a written request, if received before
the expiration
deadline.ADOPTED this 13th day of January,
2004.
ATTEST:
Lit ~
y Clerk, City 0 e
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':he City of Orange at a regular meeting thereof held on the 13th day of January, 2004,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
I
i~'e:,
MaryE.City Clerk, Cit
25