RES-9821 Mitigated Negative Declaration Approval Mixed Use Development 3091 W Chapman Ave.RESOLUTION NO. 9821
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING MITIGATED
NEGATIVE DECLARATION NO. 1723-
03,CONDITIONAL USE PERMIT NO. 2478-
03, AND MAJOR SITE PLAN REVIEW NO. 286-
03 TO ALLOW THE CONSTRUCTION
OF A MIXED-USE DEVELOPMENT
CONSISTING OF 279 RESIDENTIAL APARTMENT UNITS, APPROXIMATELY
4,200 SQ.FT.OF GENERAL RETAIL SPACE, AND A
4,000 SQ. FT.LEASING OFFICE,
UPON PROPERTY LOCATED AT
3091 WEST CHAPMAN AVENUE.
APPLICANT: TRAMMELL CROW RESIDENTIAL WHEREAS, Conditional Use Permit No. 2478-03, and
Major Site Plan Review No.286-03 were filed by Trammell Crow Residential in accordancewiththeprovisionsofthe
City of Orange Municipal Code; and WHEREAS, Conditional Use Permit No. 2478-
03, and Major Site Plan Review No.286-03 were processed in the time and
manner prescribed by state and local law; and WHEREAS, the City
Council has considered the information contained in Mitigated Negative Declaration No. 1723-
03, including any comments received during the public review period, and has found that with
the adoption of mitigation measures and conditions of approval to address potential impacts that were
identified, the proj ect will not cause
significant adverse impacts upon the environment or wildlife; and WHEREAS, the CityCouncilconductedonedulyadvertisedpublichearingonJanuary27, 2004, for the purpose of
considering Conditional Use Permit No. 2478-03, Major Site Plan Review No.
286-03,
and Mitigated Negative Declaration No. 1723-03, upon property described as follows:
THAT PORTION OF LOT 9 OF THE LOCKHART TRACT
IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A MAP THEREOF RECORDED IN
BOOK 4, PAGES
512 AND 513 OF MISCELLANEOUS RECORDS OF LOS ANGELES,DESCRIBED AS FOLLOWS;PARCEL
1 AS SHOWN ON A MAP THEREOF FILE IN BOOK 23, PAGE
33 OF
EXCEPTING THEREFROM THAT CERTAIN 25 FOOT TRIANGULAR
PORTION THEREOF IN THE MOST WESTERLY CORNER DESCRIBED
IN THE DEED TO CITY OF ORANGE RECORDED MARCH 24,1971 IN
BOOK 9581, PAGE 103, OF OFFICIAL RECORDS.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
that Mitigated Negative Declaration No. 1723-03, Conditional Use Permit No. 2478-
03, and Major Site Plan Review No. 286-03, to allow the construction of a
mixed-use development, are hereby approved based
on the following findings:
SECTION 1 - FINDINGS 1. The project design is compatible with surrounding development
and neighborhoods in that the adjoining area is developed with a commercial office complex to
the north and a mobile home park to the west. Further west of the project
site are high-intensity developments that include the UC Irvine Medical
Center, major hotels, high-rise offices, County facilities, and The Block at
Orange shopping center. Given the property's proximity to the 1-5 Freeway and
frontage along a Major Arterial Highway,the scale and character of the proposed project is appropriate for
the area in which it is located. Furthermore, 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 conforms to the
applicable development standards, and is consistent with the City's adopted special design guidelines for
the area. The City's Design Review Committee (DRC) has reviewed the
project's architectural design, extelior finish colors and material, and landscaping
concept plans for conformance with the Southwest Design Standards. The DRC determined that
the project as proposed, has an internally consistent, integrated design theme that is
reflected in the use of creative building elements and architectural features in
achieving a high quality project with
visual interest and a contemporary architectural style.3. The proposed project provides
for safe and adequate vehicular and pedestrian circulation, both on and off-site. All
the primary vehicular access points are located on Rampart Street in an effort to
avoid conflicts with fast moving traffic on Chapman Avenue. The driveway that runs along the
east property line is used only as an emergency access for
Fire Department apparatus. The proposed project is conveniently located to four OCT A bus stops, and a bus
route that 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.4. The City's Public Works, Fire,
and Police Departments have reviewed the project and indicated that existing infrastructure
and
serve the project. These City departments have indicated that with adoption of the
proposed mitigation measures, conditions of approval, and application of code
requirements, potential impacts to City services are adequately addressed.
5. The proposed project has been designed to mitigate or substantially minimize adverse
environmental effects in that Mitigated Negative Declaration No. 1723-03 was
prepared and includes mitigation measures that reduce potential impacts to
less-than-significant levels. Adoption of Mitigated Negative Declaration No.
1723-03 and associated Mitigation Monitoring Program will ensure that
potential
impacts are adequately addressed.6. The creation of a new General Plan Floor Area Ratio Overlay District
H is intended to accommodate the development of high-density
residential uses by establishing a residential density range of 25 to 60 dwelling units per
acre. The proposed high density development will help the implementation of the City'
s 2001 General Plan Housing Element which identifies the "Uptown Orange"
area as an underutilized redevelopment site that has the potential to accommodate 500
to 850 new residential units.7. That there is no evidence before the City of Orange
that the proposed project 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.8. That the City of Orange has made required findings pursuant to
CEQA as set
forth in Section 2 below.9. 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 Mitigated Negative Declaration No. 1723-03, Conditional Use Permit
No. 2478-03, and Major Site Plan Review No.
286-03, staffs oral presentation, public testimony, Cornmissioner comments, and substantial evidence in
the record, which constitutes
the City Council's review
of this application.SECTION 2 - ENVIRONMENTAL REVIEW 1. Mitigated Negative Declaration No.
1723-03 was prepared to evaluate the potential environmental effects for Conditional
Use Permit No. 2478-03, and Major Site Plan Review No.
286-
03 in compliance with the California Environmental Quality Act CEQA).2. The City
Council finds that Mitigated Negative Declaration No. 1723-03 contains an
adequate assessment of the potential environmental impacts of Conditional
Use
3. The City Council finds that the potentially significant adverse environmental impacts
can be mitigated to a level of insignificance and therefore approves and adopts
Mitigated Negative Declaration No. 1723-03 and Mitigation Monitoring
Program attached to the staffreport as Exhibit A and incorporated herein as if fully set
forth.SECTION 3 - CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed with
approval:
General
I. Within two (2) days of final approval of this project, the applicant shall deliver
to the Plamling Division a cashiers check payable to the Orange County Clerk in
an amount required to fulfill the fee requirements of Fish and Game Code
Section 711.4(d)(2) and the County administrative fee, to enable the City to file
the Notice of Determination required under Public Resources Code 21152 14
Cal. Code Regulations 15075. If it is determined that there will be no impact
upon wildlife resources, the fee shall be $43.00.
2. Within two days of final approval of this project, the applicant shall submit a
3,000.00 deposit to the Plamling Division for the Mitigation Monitoring and
Reporting Program. Time spent by City staff to complete the project will be
charged to the applicant. When more than 50% of the deposit has been credited
toward hourly services provided, the applicant will be billed directly for actual
time spent on the project. At the completion of the project, a final accounting of
deposit posted and amounts charged toward the project will be calculated and
any charges due to the City or refunds due to the applicant will be processed.
3. All construction shall conform in substance and be maintained in general
conformance with plans labeled Exhibit B to the staff report and dated January
27, 2004, for identification purposes, with a list of materials and finishes, as
recornmended for approval by the Plamling Commission and ultimately
approved by the City Council.
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. The applicant shall comply with all federal, state, and local laws, including all
City regulations. Violation of any of those laws will be cause for revocation of
this permit.
6. These conditions shall be reprinted on the cover sheet or first page of
construction documents prior to the issuance of building permits.
4
L _
Planninl! Division
7. The applicant shall be responsible for the payment of an In-Lieu Housing fee
in the amount of $2,850.00 per dwelling unit to the City of Orange
Redevelopment Agency for the development of affordable housing units elsewhere in the
City.8. The applicant shall submit final landscape plans to the Design
Review Cornmittee for review and approval, prior to the issuance of building
permits.The final landscape plans shall incorporate the use of palm trees as street
trees spaced at a maximum of 20-foot on-center in the public
right-of-way along the Chapman Avenue frontage. The placement of the
palm trees shall be continued around the street corner and terminating
before the first driveway approach along Rampart Street. The appropriate palm tree variety
shall be verified by the City's Street Tree Coordinator to match with the
palm trees used for the adjoining Pinnacle at Uptown Orange apartment
project. Final landscape plan to
include City required inspection notes.9. The applicant shall submit detailed roof plans
to the Design Review Cornmittee for review and approval prior to the issuance
of building permits. The roof plans shall address the proper architectural
methods of screening roof mounted mechanical equipment as viewed
from the adjoining
1-5 Freeway.Public Works Department 10. The applicant shall submit a Water
Quality Management Plan (WQMP) to the Public Works Department in order to
comply with all current requirements of the National Pollutant
Discharge Elimination System (NPDES) permit program.A Storm Water Pollution Prevention Plan (SWPPP)
and a Notice of Intent from the State Water Resources Control Board shall
be required
prior to issuance of grading permit.11. The applicant shall submit grading plans and
obtain a grading permit from the Public Works Department
prior to start of any construction.12. The applicant shall consolidate all existing parcels
into one parcel prior
to the issuance of grading permits.13. The applicant shall provide trash enclosures
and a trash compactor on-site per City Standards No. 408 and 409. These
items shall be included with on site improvement plans for review
and approval by the Public Works Department
prior to the issuance of grading permits.14. The applicant shall relocate
the existing City-owned sanitary sewer line and dedicate new easements per
City
standards
15. The applicant shall dedicate to the City the right to enter the private driveways
for maintenance of public utilities, emergency access, 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.
Police Department
16. To ensure adequate services are provided and to minimize the demands on
police service, security and design measures that employ Defensible Space
concepts shall be utilized in development and construction plans. These
measures incorporate the concepts of Crime Prevention Through Environmental
Design (CPTED), which involves consideration such as placement and
orientation of structures, access and visibility of common areas, placement of
doors, windows, addressing and landscaping. CPTED promotes public safety,
physical security and allows residents the ability to monitor activity in
neighboring areas.
Fire Department
17. 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.18. 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.19. The Fire Department connection 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.20. 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.21. The number and location of hydrants shall
be
determined
22. 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.
23. 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.
24. 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.
25. All exit ways shall be provided with an all weather surface that continues to a
public way.
26. Provide a secondary emergency access that is built and maintained in accordance
with U.F.C. Sections 901 and 902.
27. 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.28. 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) D.F.C. Section 902.
2.2.2.29. 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.) U.F.C. Section 902.
2.2.3.30. Fire Department emergency access must not exceed 12 percent grade.
U.F.C.Section 902.
2.2.6.31. 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.32. 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 902.4.33. Provide fire access gates every 150 in all areas that are
gated. Gates shall have
a
34. 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 an 81 "x 24" stretcher.
35. Provide a fire alarm system as required per U.F.C. Article 10.
36. Provide standpipes as required per D.B.C. Table 9A.
37. 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.
Water Division
38. The applicant shall be responsible for 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 permits.
39. 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.
40. The applicant shall install a City dedicated water system as designed by the
Water Division prior to the issuance of building permits.
41. An eight-foot minimum clearance is required between water mains/fire
hydrants and trees or other substantial shrubs, bushes, or
plants.42. That the installation of sewer mains in the vicinity of water mains shall be
done in per Public Works Department Standard No.
204.43. A six-foot minimum horizontal clearance and a one-
foot mlmmum vertical clearance shall be maintained between City water lines and
all other
utilities except sewer.44. The installation of permanent SIgnS, awnings, or other
structures over water
mains is prohibited.45. Each building shall be metered separately unless otherwise
approved by
the Water Division.46. 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
47. The applicant shall furnish and install individual pressure regulators on services
where the incoming pressure exceeds 80 psi.
48. A minimum nineteen-foot (19') separation shall be maintained from the
water mains to the all buildings and structures unless otherwise approved by the
Water
Division.49. Each building shall be protected with a separate fire service unless
otherwise approved by the Fire Department and Water
Division.50. The location of fire hydrants shall be reviewed and approved by both the
Water Division and Fire
Department 51. 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.52. 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.53. The applicant shall furnish a dedicated and graded mlmmum
fifteen-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 determined by the Water Division for all, public
water facilities including mains, meters, detector checks, and fire hydrants prior to
approval of the
water plan.54. The applicant shall enter into a Decorative Improvement Agreement
with the City of Orange prior to the final completion and acceptance of
the
water improvements.55. The applicant shall provide material submittals for all proposed
public water facilities to the Water Division for approval a minimum of
l4-calendar days
prior to construction.56. 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 57. Lighting on the site shall be directed, controlled, screened or shaded
in such a manner as not to shine directly on surrounding premises, in
accordance with the City of Orange Municipal Ordinance Section 17.12.
030. 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
verified by the Police Department prior to the issuance of certificates of
occupancy for each phase of construction. (Mitigation Measure AES-
l)58. All on-site security lighting shall comply with Police
Department lighting standards. Prior to the issuance of building permits, the Police
Department shall review and approve project lighting, including but not limited
to 24-hour lighting in all appropriate residential corridors and
parking structure areas.
Mitigation Measure AES-2)59. The following dust suppression measures in the
SCAQMD CEQA Air Quality Handbook shall be included as part of
the project's construction:Re-vegetate disturbed
areas as quickly as possible.All excavating and grading operations
shall be suspended when wind speeds (as
instantaneous gusts) exceed 25 mph.All streets shall be swept once per
day if visible soil materials are carried to adjacent
streets (recommend
water sweepers with reclaimed water).Install wheel washers where
vehicles enter and exit unpaved roads onto paved roads, or
wash trucks and any equipment
leaving the site each trip.All on-site roads shall be
paved as soon as
feasible, watered periodically, or chemically stabilized.The area
disturbed by clearing, grading, earthmoving, or excavation operations
shall be minimized
at all times.Mitigation Measure AQ-l)60. The Construction Contractor
shall select the construction equipment used on-site based on
low emission factors and high-energy efficiency. The Construction Contractor
shall ensure that construction-grading plans include a statement that all
construction equipment would be tuned and maintained
in accordance with the manufacturer's specifications. (Mitigation Measure AQ-2)
61. The Construction Contractor shall utilize electric or diesel powered
equipment
in lieu of gasoline-powered engines, where feasible. (Mitigation Measure
AQ-3)62. The Construction Contractor shall ensure that construction-grading plans include a
statement that work crews would shut off equipment when not in
use. During smog season (May through October), the overall length of the construction
period would be extended; thereby decreasing the size of the area
prepared each day,
to minimize vehicles and equipment operating at the same time.Mitigation Measure AQ-
4)63. The Construction Contractor shall time the construction activities so
as
adjacent to the site; if necessary, a flag person shall be retained to maintain
safety adjacent to existing roadways. (Mitigation Measure AQ-
5)64. The Construction Contractor shall support and encourage ridesharing and
transit incentives for the construction crew. (Mitigation Measure
AQ-6)
Cultural Resources 65. An Orange County certified archaeologist/paleontologist shall be
retained on-site to monitor all earthmoving activities, including grading of
the site.Mitigation
Measure CLU-l)66. If previously unidentified archaeological resources
are uncovered during construction activities, including site preparation
and grading, the archaeologicaVpaleontological monitor shall temporarily halt
or divert grading in the immediate area of the discovery and 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 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 21083.3 of
CEO A. 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 CLU-2)67. If cultural resources are uncovered during grading
activities, grading activity in the affected area(s) shall cease, per Mitigated Measure
CUL2, and a Native American monitor shall be brought on-site to
assist in the identification and recovery
of items. (Mitigation Measure
CLU-3)Geolol!v and Soils 68. All structures shall be designed as
confirmed during the building design plan checking, to withstand anticipated
ground shaking caused by future earthquakes within an acceptable level of risk, i.e., high risk zone,
as designated by the City's latest adopted edition of
the
Uniform Building Code. (Mitigation Measure GEO-l)69. Prior to the issuance of a grading permit,
a site specific geologic and soils report shall be prepared by a registered geologist
or soils engineer and submitted to the City Community
DevelopmentDepartment for approval. The report shall specit)r design parameters necessary
to remediate any
soil
70. Precise grading plans shall include an Erosion, Siltation and Dust Control Plan
to be approved by the City's Community Development Department. The Plan's
provisions may include sedimentation basins, sand bagging, soil compaction,
revegetation, temporary irrigation, scheduling and time limits on gradingactivities, and construction equipment restrictions on-site. This plan shall
also demonstrate compliance with South Coast Air Quality Management
District Rule 403, which regulates fugitive dust control. (Mitigation Measure
GEO-3)71. 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 with the Landscape
Coordinator, in coordination with the Public Works Department, prior to the
issuance of building permits. (Mitigation
Measure GEO-4)72. 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 with the
Landscape Coordinator, in coordination with the Public Works Department, prior to
the issuance of building permits. (
Mitigation Measure GEO-5)
Hazards and Hazardous Materials 73. Intrusive sampling and subsequent abatement shall
be required for asbestos containing material (ACM) in the Orange Garden
Inn. Identified and presumed ACMs shall be removed prior to demolition activities that
may disturb them. A California licensed asbestos abatement
contractor shall conduct abatement activities. Oversight and air monitoring shall be
conducted during any abatement activities by a qualified and certified
consultant. (Mitigation Measure HAZ-l)
Hvdrolol!V and Water Oualitv 74. Prior to issuance of building permits, the
applicant shall obtain a Construction Activities General Permit from the State
Water Resources Control Board/Santa Ana Regional Water Quality Control Board.
Evidence that this has been obtained shall be submitted to the
City Public
Works Department. (Mitigation Measure HWQ-l)75. Prior to issuance of building permits, the
applicant shall submit for approval by the City's Public Works
Department, a Water Quality Management Plan WQMP) specifically identifying
Best Management Practices (BMPs) that shall be used on-site to
control predictable pollutant runoff. These measures would 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
76. Fossil filters or their equivalent shall be installed in the storm drains on the
project site to provide detention and filtering of contaminates in urban runoff
from the developed site. (Mitigation Measure HWQ-
3)77. 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.Mitigation Measure
HWQ-4)78. Timely maintenance shall be required by the project applicant of storm
drains to ensure that inserts and filters are kept in optimum working
order. (Mitigation
Measure
HWQ-5)Noise 79. During all project site excavation and grading, the
Construction Contractor shall equip all construction equipment, fixed or mobile, with
properly operating and maintained mufflers consistent with
manufacturers' standards. (
Mitigation Measure N-l)80. During all project site excavation and grading,
the Construction Contractor shall equip all construction equipment, fixed or mobile,
with properly operating and maintained mufflers consistent
with manufacturers'
standards. (Mitigation Measure N-2)81. The Construction Contractor shall place
all stationary construction equipment so that emitted noise is directed away from
sensitive receptors nearest the
project site. (Mitigation Measure N-3)82. The Construction Contractor shall locate
equipment staging in areas that would create the greatest
distance between construction-related noise sources and noise-sensitive receptors
nearest the project
site during all project construction.Mitigation Measure N-4)83.
The Construction Contractor shall restrict all construction-related activities that would result in high noise levels between the
hours of 8:00 PM and 7:00 AM on weekdays, including Saturday,
or at any
time on Sunday or a federal holiday.Mitigation Measure N-5)84. An
air conditioning system, a form
of mechanical ventilation, shall be
required for the following project areas:Frontline units along Rampart
Street;All bedrooms with
exposure to the
traffic
85. Double-paned windows with a minimum STC-37 shall be required for
all units fronting 1-5 on the fourth floor. Double-paned windows
with a minimum STC-35 shall be required for all units fronting 1-5
on the third floor. Double-paned windows with a minimum STC-34 shall be
required for all units fronting 1-5 on the second floor.
Double-paned windows with a minimum STC-33 shall be required for all
units fronting 1-5 on the ground floor. (Mitigation Measure N-7)86.
A six-foot solid sound barrier for patios and balconies associated with frontline dwelling
units on the side facing 1-5 shall be required to
reduce the
exterior noise level to 70 dBA CNEL or lower. (Mitigation Measure N-8)Public
Services 87. Prior to the 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 shall identify alternate routes for emergency access during construction activities. (Mitigation Measure PS-
1)88. 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 5.7-7)89. Sufficient accessibility
for fire-fighting equipment shall be provided during all phases of construction
and subsequent operation. (Mitigation Measure PS-3)90. The Orange Fire Department shall
review and approve development plans to
ensure that access and fire protection facilities are available prior to the issuance of
building permits. (Mitigation Measure PS-4)91. Prior to the issuance of
a buildingpermit, the applicant shall submit an emergency access plan to
the City of Orange Police Department. This
plan would
identit)r alternate routes for emergency access during construction, to area potentially blocked by
project-related construction activities. (Mitigation Measure PS-5)92. The applicant
shall pay
all applicable school impact fees to the Orange Unified School District prior to the issuance
of any building permits. (Mitigation Measure PS-6)93. The applicant shall
pay
Transportationffraffic
94. The applicant shall be responsible for the payment of City of Orange traffic
improvement fees. (Mitigation Measure T -1)
Utilities and Service Svstems
95. The applicant shall coordinate with the City of Orange Public Works
Department and the Orange County Sanitation District regarding the depths and
locations existing and proposed sewer conveyance facilities. This coordination
shall occur prior to the issuance of grading permits. (Mitigation Measure UTIL-
I)
96. The applicant shall coordinate with the City of Orange Public Works
Department -Water Division regarding the depths and locations existing and
proposed water main facilities. This coordination shall occur prior to the
issuance of grading permits. The applicant shall infonn the Director of Public
Works, or designee, of any planned service interruptions at least one week prior
to that interruption, and notify owners and tenants of affected properties one
week in advance. Proof of notification shall be provided to the Public Works
Director. (Mitigation Measure UTIL-
2)97. Water conservation measures recommended by the State Department of
Water Resources and applicable state laws requiring the use of
water-efficient plumbing fixtures and recommendations for low-
water-using landscaping shall be incorporated into project design plans, as appropriate.
Use of such fixtures shall be verified by the City's Building Official
or designee, and Landscape Coordinator prior to the issuance of
building
permits. (Mitigation Measure UTIL-3)98. The Construction
Contractor shall reduce construction-generated waste according to state law by 50 percent. The
applicant or contractor shall submit a construction waste management plan explaining
the practices that would 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 grading permits. (Mitigation Measure UTIL-4)99. Future residential, retail and office
uses, included as part of the proposed project, shall adhere to
all applicable source reduction and recycling programs for the disposal of solid waste, as
required by
the City of Orange. (Mitigation Measure UTIL-5)100. The applicant shall enter into
a maintenance agreement with the City to ensure that the maintenance of
the project meets standards associated with mixed use commercial
and luxury apartment/residential) and provides
opportunities
101. This conditional use permit is granted upon the acknowledgment by the
applicant that any conditional use permits then existing on the project
site shall be extinguished and superceded by the conditional use permit
granted by CUP 2478-03 upon the issuance by the City of any permit
for the demolition, grading or building relating to the uses lmd
facilities covered by CUP 2478-03 and Major Site Plan
Review 286-
03.Code Provisions The following Code provisions are applicable to this project and
are included for information only. This is not a complete list and other Code provisions
may apply
to the project:Prior to issuance of building permits, the applicant shall
pay all applicable development fees, including but not limited to: Orange
County Sanitation District Fee, City Sewer Connection Fee, Transportation System
Improvement Program Fee,Police Facility Fee, Fire Facility Fee, Park Dedication and In
Lieu (Quimby) Fee,Park and Recreational Facilities Development Impact
Fee, Library Facilities Development Impact Fee, and School Development Fee (Collected
by the Orange Unified School
District), as required.If not utilized, Conditional Use Permit No. 2478-03 and
Major Site Plan Review No. 286-03 expire two (2) years from the approval date.
An extension of time may be permitted upon a written request, if
received before the expiration deadline.ADOPTED this
27th
day of January,
2004.
y}{
ity of
Orange ATTEST:ido MaryE.M I, MARY E. MURPHY, City e of the City of Orange,
California, do hereby certit)r that the foregoing Resolution was duly and regularly adopted by the
City Council ofthe City of Orange at a regular meeting thereof held on the 27th day of
January,
2004,
by
the
following
vote:AYES:NOES:ABSENT:ABSTAIN:COUNCILMEMBERS:
Ambriz, Alvarez,
Murphy, Coontz,
Cavecche COUNCILMEMBERS:
None COUNCILMEMBERS:
None
COUNCILMEMBERS: