RES-9814 Conditional Use Permit Approval Mixed Use DevelopmentRESOLUTION NO. 9814
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING CONDITIONAL
USE PERMIT 2461-03 AND MAJOR SITE
PLAN REVIEW 297-03 TO ALLO'V A
MIXED USE DEVELOPMENT CONTAINING
500 DWELLING UNITS AND J:
XISTING COMMERCIAL DEVELOPMENT UPON
PROPERTY LOCATED WEST OF THE CITY DRIVE
RETWEEN CHAPMAN AVENUE AND
METROPOLITAN DRIVE APPLICANT: THE
MILLS CORPORATION WHEREAS, Conditional Use Permit 2461-03 and Major Site
Plan Review 297-03 were filed by The Mills Corporation in accordancE: with the provisions of
the City of
Orange Municipal Code; and WHEREAS, Conditional Use Permit 2461-03 and
Major Site Plan Review 297-03 were 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 (FElR)
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
of the City of Orange conducted duly advertised public hearings on January 13 and 27,
2004, for the purpose of considering Conditional
Use Permit 2461-03 and Major Site Plan Review 297-03.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORANGE
that Conditional Use Permit 2461-03 and Major Site Plan Review 297-03 to allow a mixed use
development of 500 dwelling units with 35,000 sq. ft. of commercial use 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 COlllditional Use Permit 2461-03 1.
The mixed-use development is consistent with sound principles of land use and is in
response to services required by the community, in that it
environment. The development will feature residential development, as well as
hotel and additional retail at the project site. Residents of the apartment
complex, as well as the residents of nearby existing developments, would be
able to walk to various neighborhood-serving amenities within the
development,as well as dining and entertainment options. Moreover, residents will be able
to walk or bicycle to employment opportunities at nearby office and
institutional uses, as well as employment at the project site itself. The development will
add both housing and employment opportunities to the City, and will contribute
to an increased tax base to support public services throughout the
City.2. The mixed-use development will not cause deterioration of bordering
land uses or create special problems for the area in which it is located, in that
the area immediately surrounding the project site includes commercial,
institutional, and multi-family residential uses. The retail component of the
development will be compatible with nearby commercial and institutional uses due
to the similarity of these uses to the retail uses proposed under
the development. The development represents a large investment and dedication of
resources to the project site, which will advance the redevelopment of the
project area, reduce the potential for future deterioration, and have a positive
effect on surrounding land uses by increasing property values and
desirability of location.3. The mixed-use development has been considered in relationship
to its effect on the community or neighborhood plan for the area in which it
is located, in that the development is consistent with both the General
Plan and the Zoning designations applicable to the project
site" which encourage mixed-
use development at this location.4. The mixed-use development is subject
to those conditions necessary to preserve the general welfare, in that the
development will advance and promote the general welfare by enhancing the City of
Orange as a retail, entertainment, and dining destination for City residents
and residents of surrounding areas. This will create a synergy of land uses where
residents and visitors can work, play and shop at one location. The development
would accomplish this in part by providing for the replacement of a portion of
the existing retail space at the project site with newer space, as well as by
increasing the total amount of retail space at the project site. The addition
of residential elements into the existing development will encourage pedestrians and result
in a more compact pattern of land uses than if the residential component were
built elsewhere in the City. In so doing, the development is an example of
smart growth that will serve to reduce vehicle trips and vehicle miles
traveled, with beneficial effects
on
Maior Site Plan Review 297-
03 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 sUlTounded by surface parking areas.
The northwest corner of the site is adjacent to the Terrace Apartments, which are two
stories in height and surrounded by a 7 to 8 foot high brick wall. The
area immediately north of the project site also consists of high-rise
commercial office buildings surrounded by surface parking. To the east of the project site,
the UCI Medical Center and various governmental facilities form a
complex of commercial-like uses of varying heights, with small areas of parking Land
use conflicts will not be created by the residential component of
the development, as multi-family residential uses integrate well with commercial uses.
As indicated in the FEIR,traffic resulting from the implementation
of the development will be accommodated by improvements to City streets
that will ensure that surrounding residential neighborhoods are
not significantly impacted. Project development and operation are subject to enviromnental
mitigation
measures identified in the FEIR.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 proposed land use provides for safe
and adequate vehicular and pedestrian circulation, both on- and oft:site, in that the development
will fund its share of transportation improvements to City streets
pursuant to the West Orange Circulation Study program. Residents of the apartment
complex, as well as the residents of nearby existing developments, would be
able to walk to various neighborhood-serving amenities within the
development, as well as dining and entertainment options. Moreover, n~sidents at
the development will be able to walk or bicycle to employment
opportunities at nearby office and institutional uses. An analysis of parking demand has been
prepared as part of the FEIR,demonstrating that the development will
provide adequate
levels of parking to satisfy demand.4. The Staff Review Committee has n:viewed
the proposed project and the FEIR and found that City services are available and adequate
to serve the needs of the proposed land use. The Staff Review
Committee has indicated that with the adoption of the mitigation measures identified in
the FEIR ,md the conditions of approval, potential impacts
to
5. The proposed land use 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 Permits 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
ultimately
approved by the City Council.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 permits
for the mixed-use development, the applicant shall submit site, building
and landscaping plans for
Design Review Committee review and approval.5. Prior to issuance of
building permits for residential and commercial development associated with this approval
the applicant shall apply for and receive approval of a Conditional Use
Permit
6. Within two (2) days of final approval of this project, the applicant shall deliver
to the Planning Division a cashiers check payable to the Orange County Clerk in
an amount required to fulfill the fee requirements of Fish and Game Code
Section 711.4( d)(2) and the COlmty administrative fee, to enable the City to file
the Notice of Determination 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 fi:::e shall be $43.00.
Environmental
Mitigation Measures as listed in Exhibit H.
Public Works
7. Prior to issuance of building permits the project proponent shall submit a
grading plan to the Public Works Dept. Engineering Division for review and
approval.
8. The applicant/developer shall consolidate all existing parcels into legal parcels
for each building prior to the issuance of a building permit.
9. The applicant/developer shall show proof of title of all development parcels,
clear of all conflicting easements andl encumbrances prior to issuance of building
permits.
10. The applicant/developer shall dedicate to the City the right to enter the private
driveways for maintenance of public utilities, emergency access, trash
enclosures, etc.
11. The applicant/developer shall relocate existing City owned sanitary sewers and
dedicated new easements per City standards.
12. Prior to issuance of building or grading permits the project proponent shall
install necessary water services, fire services, and fire hydrants as determined by
the Public Works and Fire Departments.
13. Prior to issuance of building and grading permits the project proponent shall
submit a water quality management plan (WQMP) specifically identifying non-
structural and structural Best M,magement Practices (BMPs) that will be used on
site to control predictable pollutant run-off. The contractor shall employ
Best Management Practices (BMPs) in conformance with Regional Water
Quality Control Board standards for the containment of debris, chemicals, and
solvents for the duration of any demolition or construction activities. The
contractor shall provide the City with written documentation of proposed BMPs to
control storm water pollution for review and approval by the Public Works
Department.
14. The applicant/developer shall furnish and install individual pressure regulators
on services where the incoming pressure exceeds 80 psi.
15. The applicant/developer shall satisfy all water main connection, plan check, and
inspection charges as determined by the Water Division.
16. The applicant/developer shall be responsible for the relocation of the existing
water facilities as impacted by the proposal to a location and of a design as
approved by the Water Division prior to the issuance of building permits.
17. The applicant/developer 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.
18. The applicant/developer shall install a City dedicated water system as designed
by the Water Division prior to the issuance of building permits.
19. A 20' separation be maintained from the water mains to the proposed buildings
and structures unless otherwise approved by the Water Division.
20. Each building shall be protected with a separate fire service unless otherwise
approved by the Fire Department and Water Division.
21. The applicant/developer shall satisfy all water main connection, plan check, and
inspection charges as determined by the Water Division prior to approval of the
water plan.
22. The applicant/developer 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.
23. The applicant/developer shall furnish a dedicated and graded minimum 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.
24. The applicant/developer shall enter into a Decorative Improvement Agreement
with the City of Orange prior to the final completion and acceptance of the water
improvements.
25. The applicant/developer shall provide material submittals for all proposed public
water facilities to the Water Division for approval a minimum 14 calendar days
prior to construction.
6
26. The applicant/developer shall furnish ,md install manually operated locks and
keys to the Water Division for the gated entrances unless otherwise approved by
the Water Division.
27. An 8' minimum clearance is required from water main/fire hydrants and trees or
other substantial shrubs, bushes, or plants.
28. The installation of sewer mains in the vicinity of water mains shall be done per
the Department of Public Works Standard No. 204.
29. A 6' minimum horizontal clearance and ai' minimum vertical clearance be
maintained between City water lines and all other utilities except sewer.
30. Permanent signs, awnings, or other structures are prohibited from installation
over water mains.
31. Prior to completion of the west side parking structure, the applicant/developer
shall construct or deposit funds with the City for an upgrade to the existing
traffic signal system surrounding the project site. This will include:
a. A fiber optic signal traffic: signal interconnection on Lewis Street
between Metropolitan Drive and Chapman Avenue, on Chapman
Avenue between Lewis Strei~t and City Drive and City Drive between
Chapman Avenue and Garden Grove Boulevard, connecting to a City-
provided hub at the intersection of Chapman/City Drive, for ultimate
connection back to the City's Traffic Management Center.
b. Upgrading of existing traffic signal controllers, as directed by the City
Traffic Engineer, at the intersections of City Drive/Garden Grove Blvd,
City Dr.lSR-22 EB Ramps, CityDr.lSR-22 WB
Ramps, City Dr.lMetropolitan Dr., City Dr.lEntertainment
Way, City Dr.,1Shoppertainment Way, City Drive/City Way, City
Dr.lMedical Center Dr., City Drive/Chapman Avenue,
Chapman AvenuelManchester St., Chapman Avenue/Lt:wis St., and Lewis St,
lMetropolitan Dr.c. Installation of five CCTVs at signalized intersections
surrounding the project at specific locations to determined by the City
Traffic Engineer,and necessary communications hardware to allow for connection
to the City's Traffic
Management Center.The City shall use its good faith, best ejlort, to enter into an agreement
with the applicant/developer for the reimbursement to the applicant/developer
of the costs of the improvements to the traffic signal system required by
this condition.The reimbursement may be collected from other property owners
who
benefit from the improvements to the traffic signal system on a pro rata, fair
share basis as determined by the City's Traffic Engineer. The reimbursement
shall be collected at the time any property owner determined to benefit from the
traffic signal system renovates, improves, entitles, or otherwise impacts their
properties.
32. The applicant/developer shall pay traffic improvement mitigation fees pursuant
to the 2001 West Orange Circulation Study (WOCS), in the total amount of
1,050,000. Such WOCS Fees shall be paid to the City in three separate stages,
with the amount based upon the percentage of trip generation for each stage
identified in the Final EIR 1721-03 as
follows:Residential Use (30%) = $315,
000 Hotel Uses (22%) = $231,
000 Retail Use (48%) = $504,
000 Payment of each stage of the WOCS Fees, in the amounts identified above,
shall be submitted by the Developer prior to the issuance of the first building
permit by the City for that
stage.33. Prior to the issuance of any development approvals or building permits on
the southerly half of the property, the applicant shall submit an internal
traffic circulation plan for approval by the City Traffic: Engineer. This plan will
define the on-site vehicle circulation system and must be designed to
result in essentially the same external traffic distribution as was used
in the Environmental Impact Report for
the project.34. Prior to the issuance of any development approvals on the southerly half
of the property, the applicant shall construct a traffic signal at the
intersection of Metropolitan Drive and City
Drive West.35. Any site access taken on the northerly side of realigned
metropolitan Drive between the intersections of City Drive/Metropolitan Drive and
the intersection of relocated SR-22 WB RampslMetropolitan Drive must be
designed as right turn in-only. No egress or left turn in
access will
be allowed.Fire Department 36. The Fire Department connection shall not be affixed to
the buildings. 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
37. 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, UB.C. Chapter 9, UB.C. Standards 9-1 and 9-2. The
sprinkler system requires 24-
hour supervision.38. The project proponent shall 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.LV.)
for the sprinkler system so that water flow to the hydnmts 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 Division.39. The number and location of hydrants shall be
determined
by Fire and Water Departments.40. 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.41. 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. UF.
C. Sections 901 and 902.42. 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 Fire Lane Standards of the
City of Orange Fire Department.43. All exit ways shall be provided with all weather
surface that
continues to a public right-of-way.44. The installation of gates, traffic
calming methods and speed humps or bumps shall be reviewed
by the Fire Department prior to installation.45. 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.46. The Fire
Department access roadway shall be an all-weather driving surface capable of supporting
the
axle. The access shall be designed for a three-axle vehicle. (Engine
Weight.36,050 and Truck Weight. 54,000 pounds) UF.C. Section902.2.2.
2.47. 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 the building. U.F.C. Section902.
4.48. 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.49. High-rise buildings shall be built in accordance to the City'
s
High-rise standards.50. Provide a fire alarm system as required per U.F.
C. Article 10.51. Provide standpipes as required per UB.
c. Table 9A.52. Fire Facility fees
will be required.
Polil~e Department 53. All buildings must comply with the City of Orange
Municipal Code Chapter 15.52 Building Security Standards, reference No. 7-
79,
which includes the following:a. Parking lot lighting (minimum 1
foot-candle shall
be maintained at ground level).b. All doors and related hardware
must be III compliance with
security ordinance (lock, hinges, etc.)c. Any operable windows must
be approved by the Police Department and
have passed forced entry testing.d. All roof openings must be secured
as outlined in OMC Chapter 15.52 (approved burglar bars on
all
openings over 96 square inches).54. Addressing must be illuminated and shall be easily visible
from the street. If a secondary rear access/entry exists, addressing must
be included adjacent to
the
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 proj ect:
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 exaction. 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.
Mj~Mark/~.Murphy,
MayO
ATTEST:
ZJ Ma~CityClerk, Cit
range I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City
of Orange at a regular meeting thereof held on the lOth day of February, 2004, by the
following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz,
Cavecche COUNCILMEMBERS:
None COUNCILMEMBERS:
None COUNCILMEMBERS:
None M~~,~
range