RES-9522 Major Site Plan Review Approval for Office Building and Parking Structure Located at Metropolitan DrRESOLUTION NO. 9522
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING FEIR 1612-
01,CONDITIONAL USE PERMIT 2380-01
AND MAJOR SITE PLAN REVIEW 108-
99 FOR THE CONSTRUCTION OF A 19-5TORY,
360,000 SQ. Fr.OFFICE BUILDING AND
6-LEVEL, 2,720 SPACE
P~NG STRUCTURE UPON PROPERTY
LOCATED NORTH OF METROPOLITAN DRIVE MIDWAY
BETWEEN LEWIS
STREET AND THE CITY DRIVE.APPLICANT:
EOP-THE CITY, L,L.C.WHEREAS, Conditional Use Permit 2380-01
and Major Site Plan Review 108-99 were filed by EOP- The City, 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
2380-01 and Major Site Plan Review 108-99 were processed in the
time and manner prescribed by state and local law; and WHEREAS,
the environmental impacts ofthis 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 that 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 on Monday, July 16,2001 held a duly advertised hearing
on the project and recommended that the City Council approve Final Environmental Impact
Report (FEIR) 1612-01, Conditional Use Permit 2380-01 and Major Site Plan Review
108-99, based on the findings and subject to the conditions and requirements herein;
and WHEREAS, the City Council held one duly advertised hearing on August
28, 2001 for the purpose of considering Final Environmental Impact Report (FEIR) 1612-
SEE ATTACHED LEGAL DESCRIPTION
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
that FEIR 1612-01, Conditional Use Permit 2380-01 and MajolC Site Plan Review 108-
99 for the construction of a 19-story, 360,000 sq. ft, office building and a 6-
level, 2,720 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 2380-01 and MSPR 108-99.
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 2380-01 and MSPR 108-99.
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 consistent with the
City's General 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
9. That the subject sites are physically suitable for the type and intensity of the
land uses being proposed.
10. That there is adequate public access and adequate utilities to service the
proposed office building and parking structure development.
II. 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 lCelationship to its effect on the
community or neighborhood plans folC the area in which the site is
located.16. The project is made subject to those conditions necessary to plCeserve
the geneml welfare, not the individual welfare of any particular
applicant.17. That there is no evidence before the City of Orange 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 CEQA resolution, are set forth in the staff report
for Conditional Use Permit 2380-01 and Major Site Plan Review
108-99, staffs oral presentation, public testimony, and the record taken
as a whole.BE IT FURTHER RESOLVED that the following conditions
are
imposed with approval:1. 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),Reso No,
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 by City Council herein.
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 fedeml, state, and local laws, including all
city regulations. Violation of any of those laws in connection with the sue
will be cause for revocation ofthis permit.
5, These conditions will be reprinted on the cover sheet or first page of
construction plans, including grading plans,
6. PriOIC to issuance of building permits, the applicant shall dedicate land for the
future realignment of Metropolitan Drive. The dedication shall be per plans
approved by the City Engineer 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 condi1ions imposed herein. The failure 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, dilCectionallighting to
minimize potential light 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.11. Heavy equipment shall not be allowed to remain idling for more than
five minutes
duration,12. Trucks equipment shall not be allowed to remain idling folC more than
two minutes
duration.Reso No, 9522 4
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.
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 for 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 lCelated 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.Reso No. 9522
5
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 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 project 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 incorpomted
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 funrre widening of the Orangewood A venue bridge over the Santa
Ana River to add an additional eastbound through lane at the
intelCsection of
southbound SR-57 and Orangewood Avenue.34. Haster 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
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.
PriOIC to issuance of building permits, the applicant shall pay all applicable
development fees, including but not limited to: City sewer connection,
Orange 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.
J~
Orange
ATTEST:
c:.u~<~Mc C~~A'-Cassandra
1. Cath , City Clerk ofthe City of Orange 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 4AA.
J~~~/A4~Cassandra
J. Cathcart, y Clerk ofthe City of Orange Reso
No. 9522 7 GAS
LEGAL DESCRIPTION
CITY PLAZA TWO
RESOLUTION # 9522
PARCEL A:
Parcel 2, in the City of Orange, County of Orange, State of California, as shown on Lot
Line Adjustrnent LL 2001-05, recorded April 30; 2001 as Instrument No.
20010270254,of Official
Records.Except from the portion thereof included within the Northwest Quarter of the
Southeast Quarter of Fractional Section 35, Township 4 South, Range 10 West in the Rancho
Las Bolsas, in the City of Orange, County of Orange, Stare of California, as per
map recorded in Book 51, Page 10 of said Miscellaneous Maps, in the Office of the
County Recorder of said County, all oil and other mineral rights in or under said land lying
below a depth of 500 feet from the surface thereof, but without the right of entry, as reserved
in the deed from Chester M. Barnes and others, recorded October 2,1959 in Book
4911,Page 214, Official
Records.Also except therefrom all oil, oil rights, minerals, mineral rights, natural gas, natural
gas rights and other hydrocarbons by whatsoever name known that may be below the
upper 100 feet of the subsurface of that portion of the land herein described together with
the perpetual right of drilling, mining, exploring and operating therefor and removing
the same from said land or any other land, including the right to whipstock or
directionally drill and mine from lands other than those hereinabove described, oil or gas
wells,tunnels and shafts into, through or across the subsurface of the land
hereinabove described, and to bottom such whipstocked or directionally drilled wells, tunnels
and shafts under and beneath or beyond the exterior limits thereof, and to redrill,
retunnel,equip, maintain, repair, deepen and operate any such wells or mines, without,
however,the right to drill, mine, explore and operate through the surface of said upper 100 feet
of the subsurface of the land hereinabove described or otherwise in such manner as
to endanger the safety of any highway that may be constructed on said lands, as
excepted in favor of Henry J. Sievers and Fern O. Sievers in Final Order of Condemnation
in Superior Court Case No. 98716 Orange County, a copy of which was recorded
January 29, 1963 in Book 6412, Page 519, Official Records of said Orange County, as to
that portion of said land lying southerly of the southerly line of said Lots 33 and 34 of
the Dawn Tract as per map filed in Book 8, Page 21 of Miscellaneous Maps, and easterly
of the West line of the Northeast Quarter of the Southeast Quarter of said Section
35.Also except all subsurface water and subsurface water rights in and under said
land.C:\TEMPIResolutions.
PARCELB:
A nonexclusive easement for utility facilities for the benefit of Parcel A, in, on, over, to,
under, through, upon and across the real property described in that certain Declaration
of Utility Line Easement, dated July 11, 1996, and recorded July 11, 1996 as Instrument
No. 19960354693 of Official Records, as set forth in said Declaration.
PARCELC
A non-exclusive easement for pedestrian and vehicular ingress, egress,
access,circulation and surface drainage over the real property described in that
certain Roadway Easement Agreement dated April 9, 1997, and recorded April 10, 1997
as Instrument No. 97-0165666 of
Official Records.C:\
OWNERS OF' RECORD
ORAHC:l ClI"I IlIU! UD. PNlil<<Jo:5l1P
Sl'DER I'AllPERIlES. LP.
EGEND
I4EW l.OT UHf:
ElQSTII\ICLOT UNES INOICATES
PARCa NO. Of' LOT UNE NlJUSTlIENT
116-14 RECORO~ APRil 10. 1997
AS INSTRUNENr NO. 97-016:i65G OF' QmCIAl.RECORDS, ORANGE COUNlY.
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