RES-8687 Approving Major Site Plan Review No. 16-96RESOLUTION NO. 8687
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE OVERTURNING THE DENIAL OF MAJOR
SITE PLAN REVIEW NO. 16-96 BY THE
PLANNING COMMISSION AND APPROVING SAID MAJOR
SITE PLAN REVIEW FOR PROPERTY LOCATED AT
THE NORTH END OF THE ORANGE MALL, ADDRESSED
2300 N. TUSTIN
STREET.MAJOR SITE PLAN REVIEW NO.
16-96 W AL-
MART STORES, INC.WHEREAS, the Planning Commission conducted a public hearing to
consider Major Site Plan Review No.16-96 for property located at the north end of the
Orange Mall, addressed 2300
N. Tustin Street; and WHEREAS, the proposed project is
generally described as follows:1. The proposed project would consist of demolition of
the existing building formerly occupied by the Broadway department store, and construction of a new
Wal-Mart store in its place. The Wal-Mart would be attached to the Mall, and
shoppers could enter either from the easterly parking lot or from the Mall. A garden center would be
located at the northeast comer of the building, and loading and service areas are shown on the west
side of the building, facing the theater. No public access would be provided on the west
side of the
building. Building statistics
are as
follows:Number of Stories
Building
area Building
footprint (site coverage)Broadwl\)'
3 + basement 167,350
sq
ft.
64,500 sq. ft.
Wal-Mart 1 142,
285 sq. ft.142,285 sq. ft.The proposed building complies with
the Zoning Ordinance
requirements for building height,setbacks and parking.2. The Design Review Board reviewed the
project and recommended a number of conditions, most of which the applicant incorporated in the
revised plans that were reviewed by the Planning Commission. There are
recommended conditions that would require additional review of design
details by the Design Review Board.3. Since the Planning Commission meeting of July
1, the applicant has submitted plans incorporating minor modifications to address staff
comments regarding the parking areas directly in front of the theater and to
WHEREAS, subject property is more particularly described III the legal description
attached hereto and labeled Exhibit "A", and
WHEREAS, by Resolution No. PC 41-96, the Planning Commission denied Major
Site Plan Review No.16-96 for the
following reasons:1. The project is not compatible with neighboring land uses, in that it is not designed
in a manner to effectively integrate or partner with the Mall
of Orange.2. On and off site circulation is not adequate to support the project, in that the
location and configuration of the loading docks, the truck routes, and the location of the drive aisles need
to be re-designed to minimize circulation conflicts and create a safer environment
for
vehicles and pedestrians.WHEREAS, Appeal No. 433, an appeal of the Planning Commission action
on this matter was filed by
the Applicant; and WHEREAS, the City Council heard the appeal by conducting a public
hearing on August
13, 1996; and WHEREAS, at said public hearing the City Council heard the testimony
of appellant, the applicant as well as members
of the public.NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Orange that Negative Declaration 1504-96 is certified with a determination that this
project will not have a significant effect on the
environment, or wildlife resources.BE IT FURTHER RESOLVED, by the City Council of the City
of Orange that Appeal No. 433 is upheld and Major Site Plan Review 16-96 is
approved for the following reasons:1. That the City Council applied the criteriaset forth in Section 17.1
0.060 of the Orange Municipal Code and has found that the project, as modified
by the conditions imposed herein,meets the criteria set forth in
subsection F. thereof, and specifically:a. The project is compatible with
the surrounding neighborhood and developments.b. The
building and siting are appropriate.c. Site access points, drive aisles and provisions for
loading and unloading are appropriate and will cause minimal disruption
of public street traffic flow.d. That impacts on City services have been
considered
and crime prevention concerns addressed.e. That environmental
concerns have been adequately addressed.2. That the City Council does
hereby make the following findings:a. That the project will not cause a
deterioration of neighboring land
b. That the project conforms to City of Orange development standards and any applicable
special design guidelines or specific plan requirements.
c. That the project will not cause significant negative environmental impact.
d. That on and off-site circulation is adequate to support the
project.e. That City services are available and adequate to serve the
project.f. The project is compatible with community
aesthetics.BE IT FURTHER RESOLVED, that the following conditions of approval are
imposed:I. Within two (2) days ofthe final approval of this project, the applicant shall deliver to
the Planning Division a cashiers check payable in the County Clerk, in an amount required to
fulfill the fee requirements of Fish and Game Code Section 711.4(d)(2) and the County
administrative fee, to enable the City to file the Notice of Determination required under Public Resources
Code 21152 14 CaI. Code Regulations 15075. If it is determined that there will be no impact
upon wildlife resources, the fee shall be $38.00. If the applicant has not delivered the required
fees within such two day period, the approval for the project granted herein shall be
void.2. Project shall be constructed in substantial conformance with plans approved as part of
this application, and with conditions as included
herein.3. That an on-site dedicated water line be installed as designed by the
Water Department.4. That a 15 foot easement be dedicated to include the water main, meters,
detector checks and
fire hydrants.5. That each building be metered separately unless otherwise approved by
the
Water Manager.6. That each building be protected with separate fire services (detector
check) unless otherwise approved by the
Water Manager.7. A drainage/grading plan shall be submitted to the Department of Public Works
for review and approval by the Public Works Director or
his designee.8. Project shall comply with the following conditions recommended by the
Design
Review Board:a) Upgrade paving sections to support truck loading areas and truck
travel paths.b) Add a total of four (4) trees at division strip island in front of AMC two (2)
at island ends and two (2)
in center.c) Add one tree in east parking field, tree planting shall be coordinated
with installations of light fixtures. d) Remove existing Eucalyptus in field area of new parking
and replace with
new
trees elms).e ) Avoid excessive contrast of different lighting levels with existing and control
spill over at edges
of site.3 Reso
f) Provide planter along north side of garden center parking lot.
g) Provide vine pockets or vertical shrubs at CMU pilasters at north side of garden center
fence.
h) Require review of details and more development of concrete entry treatment (patterns
textures, etc.).
i) Provide 5'-0 x 5'-0 openings at tree wells for palms.
j) To screen palettes, provide expanded metal lath screening behind wrought iron at
palette enclosure.
k) Provide Boston Ivy in lieu of cats claw and train on rear of building, west side.
I) At rear of building, provide minimum 2 ft. or higher masonry parapet to screen air
conditioning units on roof as viewed from Canal Street.
m) Add two (2) trees on north edge of property line at tree hedge to fill in voids. n)
Provide additional "coin treatment" on all building comers.
0) Wall pack lights to shine straight down and away from residential units.
p) Entry treatment - continued for revisions - Board concerns were:Better looking
entrance with more of a statement.Entry style
should be integrated and or complementary to architecture of the Mall, possibly
in a contemporary "California Style."Applicant return
with revisions after Planning Commission hearing.q) Add
an additional palm tree to the group of two palm trees at the front of the building between the
two trellises to enhance the exterior ofthe building.r) To
enhance exterior of building provide horizontal rake joints on painted precision block at
appropriate locations.9. Final
plans submitted to the Design Review Board (as required in condition #8 h & p)shall also
incorporate all other DRB recommendations listed in condition #8.10. All
project signage shall be reviewed by the Design Review Board as a separate submittal, with
complete details (size, colors, placement, style...) prior to issuance of sign permits.11. The
parking lot immediately west of the garden center shall be redesigned to eliminate the dead
end parking aisle condition.12. Site
Plan Review 16-96 does not include approval of "Future Pad" indicated at northeast
comer of the property. Any future construction will need to be reviewed in accordance with
standard procedures in effect at the time of application.13.
All Wal- Mart trucks will enter and exit from Tustin Street.14.
The applicant will provide a detailed shopping cart collection and containment plan for
approval by the Community Development Department prior to occupancy ofthe structure.Reso
No. 8687 4
15. The applicant will cooperate and contract with the mall management for security
services.
16. That clearly marked crosswalks across major drive aisles be provided at all public
entrances.
17. That the T -intersection adjacent to the main entry area have stop sign controls for all
three directions.
18. That a hedge be planted in the landscape island between the theaters and loading area
to discourage pedestrian traffic.
19. That the widest door opening possible between Wal-Mart and the Mall be provided.
It is expected that the doors/opening be a minimum of 12 feet in width with
architectural enhancements consistent with the scale ofthe
Mall.20. That the two access drives entering Tustin Street be redesigned to accommodate
150 feet long barriers along the center line of the access
aisles.21. Prior to the issuance of building permits for the project, Orange Mall
Development Associates ("OMDA") shall enter into one or more agreements with the City of Orange ("
City")which shall include the following
terms:a) OMDA shall commit to an appropriate financial participation in the cost of
an independent consulting firm study of the feasibility of using Mall of Orange
property for turnarounds or staging of
buses.b) OMDA shall undertake efforts, in conjunction and cooperation of City staff
and Orange County Transit Authority ("OCTA") to remove the staging area from
Canal Street to Tustin Street and to remove the two northerly bus stops on Canal
Street.c) OMDA shall cooperate with the Orange Police Department and use its
reasonable efforts to notify delivery trucks for tenants at the Mall of Orange that Canal Street
is not a designated truck route and that delivery trucks for tenants at the Mall of
Orange are restricted from the use of Canal
Street.d) OMDA shall agree to cooperate and engage in good faith negotiations when and if
the City and/or the OCTA initiates a proposal to develop a permanent transit center on
or near the
Mall.e) This condition of approval shall be deemed satisfied upon entry by OMDA and
this City into the above-mentioned agreement or agreements and, thereafter, the City'
s sole recourse for nonperformance of such agreement or agreements shall be
against OMDA and
not Wal-Mart.5
f) The agreement or agreements shall be binding upon OMDA and its successors in
interest.
22. If Wal-Mart opens for business between the hours of 12 midnight to 6:00 a.m.,
Wal-Mart or the mall owner shall implement, at its cost, any additional reasonable security measures
as the Chief of Police shall require based on his analysis of any increased exposure to
criminal activity, including, but not limited to, additional security guards, surveillance cameras, lighting
or limited access/egress plans. City agrees to meet and consult with Wal-mart and the
Mall owner before requiring that such measures
be implemented.That this approval shall not grant any rights to build unless the above conditions
have been satisfied. Wal-Mart agrees to indemnifY, defend and hold the City harmless
from any liability,claims or actions brought against the City arising out of its approval of this
permit. By signing this permit, Wal-Mart acknowledges all of the conditions imposed
and accepts this approval subject to these terms and conditions. Wal-Mart shall formally
accept these conditions in writing
before building permits are issued.
ADOPTED
this 22nddayof October ,
1996.ATTEST:
or Joanne Coontz J.udJ<.~~~City Clerk
of th ity 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 regularmeeting thereof held
on the.22nd~ day of October ,
1996, by the following vote:AYES: COUNCIL
MEMBERS:
MURPHY. BARRERA, COONTZ, SPURGEON,
SLATER NOES: COUNCIL MEMBERS:
NONE ABSENT: COUNCIL MEMBERS: NONE City
Clerk ofth Cityof Orange SSH:
dg sh/reso/96/
EXHIBIT "A"
LEGAl, DESCRIPTION
PARCEL I
THAT PORTION OF THE R.B. TAYLOR TRACT AND CLAREMONT AVENUE, IN THE
CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS ABANDONED
BY THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA, IN THE R.B.
TAYLOR TRACT, AS PER MAP RECORDED IN BOOK 36, PAGES 61 AND 62 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AS SHOWN
ON A MAP FILED IN BOOK 74, PAGE 48 OF RECORD OF SURVEYS, IN THE OFFICE
OF THE COUNTY RECORDER OF ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF CLAREMONT
AVENUE (ABANDONED), WITH THE WEST LINE OF TUSTIN AVENUE, 100 FEET
WIDE, AS SHOWN ON A RECORD OF SURVEY RECORDED IN 74, PAGE 48 RECORDS
OF ORANGE COUNTY, CALIFORNIA, THENCE SOUTH, PARALLEL WITH AND 50
FEET WESTERLY, MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF TUSTIN
AVENUE, 569.30 FEET; THENCE NORTH 89055'00' WEST 1200.13 FEET TO THE
CENTERLINE OF THE SANTA ANA VALLEY IRRIGATION COMPANY PIPE LINE;
THENCE ALONG SAID CENTERLINE, NORTH 19056'52" WEST 162.66 FEET; THENCE
NORTH 07003'30" EAST 156.83 FEET; THENCE NORTH 22031 '00" EAST 302.04 FEET;
THENCE NORTH 04003'00" WEST 323.40 FEET; THENCE NORTH 02027'30" WEST
250.64 FEET; THENCE NORTH 06004'00" EAST 288.80 FEET TO THE WESTERLY
EXTENSION OF THE SOUTHERLY LINE OF THE LAND DESCRIBED IN DEED TO
HERBERT C. YOUNGER AND OTHERS, BY DEED RECORDED JANUARY 23, 1963 IN
BOOK 6404, PAGE 562 OF OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY
EXTENSION AND SAID SOUTHERLY LINE, NORTH 89050'50" EAS-;- 640.49FEET TO THE
SOUTHEAST CORNER OF ~AID LAND; THENCE NORTH 420.49FEET ALONG THE
SOUTHERLY EXTENSION OF THE EASTERLY LINE OF THE LAND DESCRIBED IN
DEED TO LESTER E. MUHLY AND WIFE, BY DEED RECORDED JULY 5,1960, IN BOOK
5313, PAGE 187 OF OFFICIAL RECORDS, TO A POINT ON THE SOUTH LINE OF HElM
AVENUE (60.00 FEET WIDE) ; THENCE SOUTH 88042'00" EAST 333.45FEET ALONG
SAID SOUTH LINE; THENCE SOUTH 150.00 FEET TO THE SOUTHWESTCORNER
OF THE LAND DESCRIBED IN DEED TO SHELL OIL COMPANY,
A DELEW ARE CORPORATION, BY DEED RECORDED OCTOBER 16, 1964,IN
BOOK 7262, PAGE 721 OF OFFICIAL RECORDS; THENCE SOUTH 88042'00" EAST 149.
99 FEET TO A POINT IN SAID WESTERLY LINE OF TUSTIN AVENUE, 100.00 FEET WIDE;
THENCE ALONG SAID WESTERLY LINE, SOUTH 1141.43FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO F.W. WOOLWORTH CO., A
NEW YORK CORPORATION, BY DEEDS RECORDED AUGUST 31,1971 IN BOOK 9786,
PAGES 335 AND 339 OF OFFICIAL RECORDS.
ALSO EXCEPTING FROM THAT PORTION OF SAID REAL PROPERTY LYING
NORTHERLY OF THE CENTERLINE OF CLAREMONT AVENUE (ABANDONED), ALL
OIL, GAS HYDROCARBONS, MINERALS AND KINDRED SUBSTANCES BELOW A
DEPTH OF 500 FEET, WITHOUT HOWEVER, THE RIGHT OF SURFACE ENTRY, AS
RESERVED IN THE DEED RECORDED FEBRUARY 10, 1969 IN BOOK 8869, PAGE 511
OF OFFICIAL RECORDS.
SHffiESO~6AVALNU\RTLEGAL DESCRlPTlON2