RES-9811 Major Site Plan Review for Parking Structure ConstructionRESOLUTION NO. 9811
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AI)PROVING MAJOR SITE
PLAN REVIEW NO. 300-03 TO ALLOW
THE CONSTRUCTION OF A 1,211 SPACE
PARKING STRUCTURE LOCATED ON PROPERTY WEST
OF THE CITY DRIVE BETWEEN CHAPMAN
AVENUE AND METROPOLITAN
DRIVE.APPLICANT: TH}: MILLS
CORPORATION WHEREAS, Major Site Plan Review 300-03 was filed by the Mills
Corporation in accordance with the provisions of the City of Orange Municipal
Code; and WHEREAS, Major Site Plan Review 300-.03 was processed in the time
and manner prescribed by state and local
law; and WHEREAS, the environmental impacts of the Project have been
analyzed through Final Environmental Impact Report (FEIR..) 1721-03, which is
comprised of Draft Environmental Impact Report (DEIR) 1721-03, changes and revisions
to DEIR 1721-03, the Response to Comments, and the Mitigation Monitoring Program,
pursuant to the provisions of the California Environmental Quality Act (CEQA) and
the State CEQA Guidelines; and WHEREAS, the City Council conductE:d duly advertised
public hearings on January 13 and 27, 2004, for the purpose of considering
Major Site Plan Review 300-03.NOW, THEREFORE, BE IT RESOLVI:O
BY THE CITY COUNCIL OF THE CITY OF ORANGE that Major Site Plan Review 300-03
to allow construction of a 1,211 space parking structure is hereby approved
based on the following findings, which are individually and collectively supported by
substantial evidence contained
in the record before
the City Council:SECTION 1 - FINDINGS 1. The project design, proposed land
use and intensity of development is compatible with surrounding
development and neighborhoods, in that the project site surrounded mainly by
commercial and institutional uses. The west side of the project site abuts on
commercial properties that consist of high-rise office buildings that are
surrounded by surface parking areas. The northwest corner of the site is adj acent to the
Terrace Apartments, which are two stories in height and surrounded by a 7 to 8 foot
high brick wall. Proj ect development and operation are subject
to
2. The proposed site and building plans were reviewed by the City's Staff Review
Committee and were found to be in compliance with the City's development
standards (no special design guidelines or specific plan requirements are
applicable).
3. The parking structure provides for safe and adequate vehicular and pedestrian
circulation, both on- and off-site, in that it win be designed to facilitate access
to both on-site uses as well as access by tenants and employees of
the adjacent office buildings. An analysis of parking demand has been prepared as
part of the FEIR, demonstrating that the parking structure is needed to
provide adequate levels of parking to
satisfy demand.4. The Staff Review Committee has reviewed the project and the FEIR
and found that City services are available and adequate to serve the needs of
the parking structure. The Staff Review Committee has indicated that with the
adoption of the mitigation measures identified in the FEIR and the conditions
of approval,potential impacts to City services are
adequately addressed.5. The parking structure has been designed to fully mitigate
or substantially minimize adverse environmental effects, in that the development is
subject to mitigation measures identified in the FEIR as well as the attached
conditions
of approval.SECTION 2 - ENVIRONMENTAL
REVIEW Initial Study/Environmental Impact Report 1721-03 was prepared in
conjunction with the application for the Development Agreement between the City of Orange and
Orange City Mills Limited Partnership, and additional applications for Conditional Use
Pemlit 2461-03,2462-03, 2463-03, and Major Site Plan
Review 297-03 and 300-03. Additionally,Environmental Impact Report 1721-03 found that
there is no evidence before the City of Orange that the proposal 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.SECTION 3 - CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED
that
the
following conditions are imposed with approval:General 1. All site development and
construction shall conform in substance and be maintained in general conformance
with plans labeled Exhibits A through G dated December 15, 2003,
for identification purposes) and as recommended for approval by the Planning
Commission
and
2. 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.
3. These conditions will be reprinted on the cover sheet or first page of
construction plans, including grading plans.
4. Prior to issuance of building pelmits for the 1 ,21 I-space parking structure
the applicant shall submit site, building, and landscaping plans for Design
Review Committee review and
approval.5. Within two (2) days of final approval of this project, the applicant shall
deliver to the Planning Division a cashiers check payable to the Orange County Clerk
in an amount required to fulfill the fee requirements of Fish and Game
Code Section711.4( d)(2) and the County administrative fee, to enable the City to
file the Notice of Deternlination required under Public Resources Code 21152,
14 Cal. Code Regulations 15075. Since it has been determined that there will be
no impact upon wildlife resources, the fee shall be $43.
00.
Environmental Mitigation Measures as listed in Exhibit
H.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:The project approval includes certain fees, dedications, reservations, and/or
other exactions. Pursuant to California Government Code Section 66020,
these conditions or requirements constitute written notice of the fees and/or a
description of the dedication, reservation, or other i~xaction. You are hereby notified that
the 90-day protest period commencing from the date of approval of the
project has begun. If you fail to file a protest of regarding these conditions or
requirements, you are legally barred from later challenging such exactions per
Section 66020.ADOPTED this 10th day of
February, 2004.t
of
ATTEST:
MaryE. M\iI ange
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 10th day of February, 2004, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Mary E. MurPb~', City Clerk, Ci~ Orange
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