RES-9843 Amending Conditional Use PermitRESOLUTION NO. 9843
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING
CONDITIONAL USE PERMIT 2378-01,
2379-01 AND 2380-01; MAJOR
SITE PLAN REVIEW NOS. 106-
99,107-99 AND 108-99.VVHEREAS, on October 10, 2001,
the City Council adopted resolutions approving the following conditional
use permits, major site plan reviews:1, The Chapman Site consisting of 132,000
square feet of office space and
a 137-room hotel (Resolution No. 9519);2, City Tower Two Site consisting of
465,000 square feet of office space
and eight-level parking structure (Resolution No. 9520);3, 605 Building Site consisting of
200,000 square feet of office space and
a fivt:-level parking structure (Resolution No. 9521);4, City Plaza Two Site consisting
of 136,000 square feet of office building and
a six-level parking structure (Resolution No. 9522); and VVHEREAS, the foregoing
four projects
are hereafter referred to as the EOP Projects; and
VVHEREAS, the City Council considered and approved final Environmental Impact Report
No. 1612-01 (hereafter, the FEIR.)
which analyzed the environmental impacts of the EOP Projects;
and VVHEREAS, the City commissioned the West Orange Circulation Study hereafter, WOC Study)
to analyze the traffic impacts of the EOP Projects, expansion of
The Block at Orange and expansion ofVCI Medical Center; and VVHEREAS,
the WOC Study identified approximately $3.5 million in traffic improvements and
assigned fair share costs of such improvements to the following projects: (1) VCI
Medical Center expansion, 32%; (2) EOP Projects 38% (identified in the WOC Study as
Spieker Office
Properties); and (3) The Block at Orange expansion,30%; and VVHEREAS, as a result of
the WOC Study the fEIR, as well as Resolution Nos.9519-9522 require the EOP Projects
as a mitigation measure to pay 38% of the cost of the traffic
improvements identified in the WOC
Study as its fair share contribution hereafter WOC Traffic Improvements); and
VHEREAS, Resolutions Nos. 9519-9522 also require the EOP Projects to fully fund
three improvements identified in conditions nos. 32, 34 and 35 of such resolutions and pursuant to condition no.
widening on Orangewood Avenue near its intersection with State Route 57 (hereafter
conditions 32-35 are referred to as, Traffic Improvement Conditions);
and VHEREAS, on January 19, 2004, the Planning Commission adopted
Resolution No. PC 04-04 approving a new development on the Chapman Site which
includes, but is not limited to, 58,260 square feet of commercial space and a fast
food restaurant hereafter, Best Buy Project) which would replace the Chapman Site
component (City Council Resolution 9519) of the EOP
Projects; and VHEREAS, CA- The City (Chapman) Limited Partnership is in escrow to
sell the Chapman Site to City Town Center, L.P., for development of the Best Buy
Project; and VHEREAS, EOP- The City, L.L.c., has requested that the
City proportionally reduce the fair share cost of the WOC Traffic Improvements and
Traffic Improvement Conditions to reflect the fact that the Chapman Site is no longer a component
of the EOP
Projects; and VHEREAS, City staff has determined that such a reduction is
appropriate and will fairly reflect the traffic impacts caused by the EOP Projects, exclusive
of the Chapman Site (hereafter, the Remaining
EOP Projects).NOW, THEREFORE, BE IT RESOLVED THAT
THE CITY COUNCIL OF THE CITY OF ORANGE FINDS AND
DETERMINES
as follows:1. The Remaining EOP Projects shall not bear the costs of the Chapman Site'
s fair share of the WOC Traffic Improvements, as originally identified in the FEIR
and the WOC Study. The fair shares of the EOP Projects for the WOC
Traffic Improvements,as identified in the FEIR and wac Study are reflected in the
attached ExhibitA.2. The Remaining EOP Projects shall not bear the costs of the Chapman Site'
s fair share of the Traffic Improvement Conditions as identified in the FEIR.
The fair shares of the EOP Projects for the Traffic Improvement Conditions, as
identified in the FEIR are reflected in the attached
Exhibit A.3. This Resolution shall only become effective upon City Town Center,
L.P.,becoming the owner of the
Chapman Site.ADOPTED this 9th day of
March, 2004.
of
ATTEST:
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 9th day of March, 2004, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz
COUNCILMEMBERS: None
COUNCILMEMBERS: Cavecche
COUNCILMEMBERS: None
M~~{~ge
3
EXHIBIT "A"
Intersection
Identified in the WOC Chapman City Tower City Plaza 2 605 Bldg. EOP Study1
Site2 Two Share Share Total 1
State College & Katella 0% 1% 1% 0% 2%r--
j SR-57 NB Ramps & Katella 0% 1% 1% 0%
2%
r--4 -- !--'
State College & Gene Autry Way 0% 0% 0% 0% 0%
r--'
5 State College & Orangewood 0% 2% 1% 1% 4%
r--'
6 SR-57 SB Ramps & Orangewood 1% 3% 2% 1%
7%
r--'10 Haster & Chapman 6% 10% 8% 5%
29%11 Lewis & Chapman 15% 22% 24% 14%
75%13 The City & Chapman 8% 19% 4% 2%
33%
r--- 1-5 SB Rampon-Ramp & Chapman 14 5%
16%
2% 1%r--- The City Dr. & The City Way 19 2% 10%
2%
1% 15%f-'23 Haster & Lampson 4% 7%
14%
8% 33%r---27 The City Dr. & SR-22 EB Ramps
1% 9% 4%
2%r--- . -- -,29 Haster & Garden Grove Blvd. 1% 2% 2%
1% 6%
f-' -30 Fairview & Garden Grove Blvd, 1% 3% 6% 3%
13%1--' --
31 Lewis & Garden Grove Blvd. 1% 3% 15% 9% 28%
32The
City Dr. & Garden Grove Blvd. 1% 7% 5% 3% 16%e-.34
Howell & Katella2%
0% 0% 0% 2%Traffic Improvement Intersection Chapman
Site City Tower City Plaza 605 EOP COl1lditions 3 Total The
City Drive/Garden
Grove -32 10% 90% 100%
1---
SR-57/0rangewood Ave.(
Bridge
Widening)33 I 14% I47% 25% 14% 100%I !34 =~ Haster St./
ChapmanAve. 21% 36% 27% 16% 100%35 Lewis St./Garden
Grove Blvd. 5% 13% 52% 30% 100%1 The shaded intersections
are identified
in
the FEIR and woe Study and are the only intersections requiring traffic improvements and a fair share contribution.
2 Referred to as the "North
Parcel" in the FEIR tables.3 Conditions are those referenced in
City Council Resolutions 9519-9522,4