RES-9519 Major Site Plan Review Approval for Parking Structure Located at Chapman Ave. and Manchester PlRESOLUTION NO. 9519
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE RECOMMENDING APPROVAL
OF FINAL EIR 1612-01, CONDITIONAL
USE PERMIT 2377-01 AND MAJOR SITE
PLAN REVIEW 105-99 FOR THE CONSTRUCTION
OF A 6-STORY,132,000 SQ. FT. OFFICE
BUILDING AND A 5-LEVEL, 528
SPACE PARKING STRUCTURE UPON PROPERTY
LOCATED AT THE NORTHEAST CORNER
OF CHAPMAN
AVENUE AND MANCHESTER PLACE.APPLICANT: EOP-THE
CITY (CHAPMAN), L.L.C.WHEREAS, Condi1ional Use Permit 2377-01 and
Major Site Plan Review 105-99 were filed by EOP-the City (Chapman), L.L.
C., successor in interest to Spieker Properties, in accordance with the provisions
of the City of Orange Municipal Code; and WHEREAS, Conditional Use Permit
2377-01 and Major Site Plan Review 105-99 were processed in the
time and manner prescribed by state and local law; and WHEREAS, the
environmental impacts of this project have
been analyzed through Final Environmental Impact Report (FEIR) 1612-01; and
WHEREAS, the City Council has considered the information contained in Final
Environmental Impact Report (FEIR) 1612-01. including the initial study comments received during the public review
process, and the response to comments, and has found tha1 there is substantial evidence that
the project will have a significant impact on the environment or wildlife and a
Statement of Facts and Findings and overriding
considerations
have been prepared subject to the California Environmental Quality Act; and WHEREAS,
the Staff Review Committee on December 20, 2000, reviewed the proposed project and recommended
that the project proceed subject to the
conditions and adopted findings of the Site Plan Review requirements; and
WHEREAS, the Planning Commission held one duly advertised hearing on Monday,July 16, 2001 and
recommended that the project proceed subject to the
conditions and adopted findings of the Site Plan Review requirements; and WHEREAS, the
City Council held one duly advertised hearing on Tuesday, August 28,2001,
folC the purpose of considering Final Environmental Impact Report (FEIR) 1612-01,Conditional Use
Permit
See attached legal description
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
1hat FEIR 1612-01, CUP 2377-01 and MSPR 105-99 for construction ofa 6-story,
132,000 sq. ft.office building and a 5-level, 528 space parking structure are
approved
based on the following findings:1. The Final Environmental Impact Report (
FEIR 1612-01) prepared for the proposed office building development
and parking structure has been completed in compliance with
CEQA and the State CEQA Guidelines.2. The City Council has carefully reviewed
and considered all of the information contained in FEIR 1612-01 prior to
acting upon CUP 2377-01 and MSPR 105-99.3.
Final Environmental Impact Report (FEIR 1612-01) reflects
the independent judgment and analysis of the City of Orange.4. Based on the
information contained in FEIR 1612-01, the City Council finds
that the environmental impact report provides an adequate assessment
of the
potentially significant environmental impacts associated with CUP 2377-01 and MSPR 105-99.5.
The City Council approves and adopts the Statement of
Facts and Findings and Statement of Overriding Considerations contained in FEIR
1612-01, which document and support that even with the implementation of mitigation measures,it is
infeasible to reduce the project's impact on air quality to
a level of insignificance. Further, these statements identify how the
City has eliminated or substantially lessened all significant effects on the environment.
Accordingly, the City Council finds that the project's benefits outweigh
the adverse impacts.6. The City Council approves and adopts the
Mitigation
Monitoring Program contained in the FEIR 1612-01 as the mitigation-monitoring program
for the project.7. That the proposed project is consisten1 with the City'
s Geneml Plan.8,That the proposed office building and parking structure are
permitted within the subject zoning district and comply
with the applicable provisions of the City of Orange Municipal
Code, including prescribed development standards
and applicable special design guidelines or specific plan requirements, except as otherwise identified in these findings.
9. That the
subject sites are physically suitable
10, That there is adequate public access and adequate utilities to service the proposed
office building and parking lot development.
11.That the project location, size and design is compatible with existing surrounding
development and neighborhoods.
12. That the project provides for safe and adequate vehicular and pedestrian
circulation, both on and off-
site.13. The project is granted upon sound principles of land use and in response
to services required by the
community.14. The project will not cause deterioration of bordering land uses or create
special problems for the area in which the site is
located.15. The project has been considered in relationship to its effect on the community
or neighborhood plans for the area in which the site is
located.16. The project is made subject to those conditions necessary to preserve the
general welfare, not the individual welfare of any particular
applicant.17, That there is no evidence before the City Council that the proposed office
building and parking structure 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.18. That the data and analysis upon which these findings of fact are based,
including those in the FEIR 1612-01, are set forth in the staff report for
Conditional Use Permit 2377-01 and Major Site Plan Review 105-
99, staffs oral presentation,public testimony, and the record
taken as a whole.BE IT FURTHER RESOLVED that the following
conditions
are imposed with approval:I. Within two days of final approval of this project, the applicant
shall deliver to the Planning Division a cashiers check made payable to the Orange
County Clerk as a filing fee to submit the Notice of Determination that
is required under Public Resources Code (Section 21152) and California
Code
of Regulations (Section 15075).2. All construction shall conform in substance with the plans
dated July 16, 2001,which were recommended for approval by
the Planning Commission and approved
herein by City Council.Reso
3.The applicant agrees to indemnify, hold hannless, 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,4,
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 sue will be cause
for revocation of this permit.5.
These conditions will be reprinted on the cover sheet or first page of construction plans,
including grading plans.6.
Prior to issuance of building permits, the applicant shall dedicate land for the future
realigmnent of Metropolitan Drive. The dedication shall be per plans approved
by the City EngineelC and on file with the Public Works Department.7.
The authorizing resolution for this project will not be effective unless it is signed by
the applicant indicating and acknowledging hislher understanding of the conditions
imposed herein. The faihrre of the applicant to sign this permit shall in no
way be deemed to confer any greater rights than are contained in this permit.8.
Construction contractors shall use non-glare, directional lighting to minimize
po1entiallight and glare impacts when lights are necessary for safety and security
in the construction area.
9. Construction areas shall be screened from view by eight to ten foot opaque
fencing in order to minimize views from surrounding streets and residential areas.
10. All heavy equipment shall be maintained in a proper state of tune as per the
manufacturer's specifications,
II. Heavy equipment shall not be allowed to remain idling for more than five minutes
duration.
12. Trucks equipment shall not be allowed to lCemain idling for more than two minutes
duration.
13. Electric power shall be used to the exclusion of gasoline or diesel generators
whenever feasible.
14. The applicant shall specify that the contractors use only low ROG paints and
coatings.
Reso No, 9519 4 GAS
15. All paints and coatings shall be applied either using high volume, low-
pressure HVLP) spray equipment or by hand
application,16. The applicant shall promote the use of mass transit including the placement of
bus stop shelters along local thoroughfares at the project sites, if not already
so
provided.17. The applicant shall designate preferential parking folC
vanpools.18. All site tenants shall be required to post both bus and Metrolink schedules
in conspicuous areas and the applicant shall explore the possibility of providing
a shuttle or the use of shuttles from the Orange Depot Train Station to the
project site to the extent
feasible.19. All site tenants shall be encouraged to configure their operating schedules
around the Metrolink schedule to the extent reasonably
feasible.20. The applicant/contractor shall specify the installation of energy efficient
lighting,air conditioning, and water
heaters.21. The applicant shall be required to complete a geotechnical study identifYing
any potential concerns related to soils and geology and shall adopt any
site remediation recommendations identified in the
study.22. Prior to issuance of a building permit, the project applicant shall submit
an emergency access plan to the City of Orange Fire Department. This plan
will identify alternate routes for emergency access during construction to
areas potentially blocked by project-related
construction activities,23. Sufficient accessibility for the fire-fighting equipment shall
be provided. The Orange Fire Department shall review precise development
proposals to ensure adequate access and
fire
protection facilities,24. Space within one of the construction trailers shall be provided for
the Fire Department Inspector. This would allow for direct contact between
the Fire Department and builders/contractors
during construction.25. The project applicant shall pay all applicable fire facility fees required by
the City of Orange
Fire Department.26. 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. A
copy of the emergency access plan that has been approved by the City
of Orange Police Reso No,
Department shall be sent to the City of Anaheim Police Department prior to
issuance of a building permit for the project site.
27. The project applicant shall have flow monitoring conducted on the Lewis Street
line to confirm sewage flow capacities.
28. The projec1 applicant shall implement waste reduction programs and recycling
programs during project construction and operations.
29. Adequate on-site storage facilities for collection of recyclable materials shall
be
provided.30. Prior to approval of development permits, the project applicant shall be
required to submit all development plans to the City of Orange Water Department
for review and
approval.31, A water network analysis shall be performed and approved by the City of
Orange Water Department, and the recommendations incorporated into any
site-specific development plans prior to approval of the first development plan by the
City
of Orange,32. The City Drive and Garden Grove Boulevard: re-stripe westbound
through lane as a shared
through/right-turn lane.33. The applicant shall pay its fair share of improvements for
the future widening of the Orangewood Avenue bridge over the Santa Ana River
to add an additional eastbound through lane at the intersection of
southbound
SR-57 and Orangewood Avenue.34. HastelC Street and Chapman
Avenue: add northbound right-turn lane.35. Lewis Street and Garden
Grove Boulevard: add westbound right-turn lane.36. The applicant shall pay its fair
share of needed roadway improvements as defined in the West Orange Circulation Study
Traffic Model. Said fair share funds shall be paid for individual buildings
prior to issuance of building permits. The applicant shall not
be responsible for any further mitigation fees.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: City sewer
County Sanitation District Connection Fee, Transportation System Improvement
Program, Fire Facility, Police Facility, Park Acquisition, Sanitation District, and
School District.
ADOPTED this 9th day of October, 2001.
ATTEST:
I 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 October, 2001,
by the following vote:
AYES: COUNCILMEMBERS: SLATER, ALVAREZ, MURPHY, COONTZ, CAVECCHE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
Reso No. 9519 7 GAS
LEGAL DESCRIPTION
CHAPMAN/CITY NORTH
RESOLUTION # 9519
PARCEL A:
The west one-half of Lot 2 of the Dawn Tract, in the City of Orange, County of
Orange,State of California, as shown on a map thereof, recorded in Book 8, Page 21,
of Miscellaneous Maps, Records of said Orange County, together with the westerly 52
feet of the easterly one-half of Lot 2 of the Dawn Tract, in the City of Orange,
County of Orange, State of California, as shown on a map thereof recorded in Book 8, Page
21 of Miscellaneous Maps, Records of said
Orange County.Except that portion of said Lot 2, lying within the land described in the deed to the
City of Orange, recorded May 7, 1975 in Book 11395, Page 1660,
Official Records.Also excepting therefrom that portion of said land conveyed to the City of
Orange in deed recorded January 6, 1998 as Instrument No. 19980004903 of
Official
Records.PARCELB:That portion of Lot 37 of the Dawn Tract, in the City of Orange, County of
Orange, State of California, as shown on a map recorded in Book 8. Page 21 of
Miscellaneous Maps,Records of said Orange County, California, more particularly described
as follows:Beginning at the northwesterly corner of Lot 2 of said Dawn Tract; thence
along the north line of said Lot 2, North 890 39' 00" East 67.14 feet to the true pOint
of beginning;thence continuing along said north line of Lot 2, North 890 39' 00" East 494.70 feet
to a point on the westerly right-of-way line of Manchester Avenue;
thence along said westerly right-of-way line parallel and distant 30.00
feet southwesterly as measured at right angles to the centerline of Manchester Avenue, North 380 55'
49" West 279.80 feet to the beginning of a tangent curve concave northeasterly
having a radius of 2042 feet;thence along said curve through a central angle of 00 19' 08" an
arc length of 11.37 feet to a point of cusp with a non-tangent
curve concave northwesterly having a radius of 180.00 feet; thence southwesterly along said curve
through a central angle of 59036' 55"an arc length of 187.29 feet to a point of
tangency; thence South 710 02' 57" West 122.36 feet to the beginning of a tangent
curve concave southeasterly having a radius of 170.00 feet; thence southwesterly along said curve through a
central angle of 340 40' 24"an arc length of 96.94 feet to a pOint on said curve,
a radial bearing passing through said point bears North 510 37' 27" West, said point also
being the true
r ~
Excepting therefrom that portion of said property conveyed to the State of California by
grant deed recorded January 3, 1975 in Book 11317, Page 611, Official Records.
Also excepting from both Parcels A and B above that portion of said property conveyed
to the State of California pursuant to that Judgment in Condemnation entered
September 30, 1997 and January 15, 1998 in Orange County Superior Case 772 800,
recorded January 26, 1998 as Instrument No. 19980041976, Official Records, and
pursuant to that Judgment in Condemnation entered September 29, 1997 and June 1,
1998 in Orange County Superior Court Case 772 804, recorded June 5, 1998 as
Instrument No. 19980352440 and October 9, 1998 as Instrument No. 19980685664,
both of Official Records.
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