RES-10475 Final Environmental Impact Report ApprovalRESOLUTION NO. 10475
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING THE ADDENDUM
TO FINAL ENVIRONMENTAL IMPACT REPORT
NO. 1721-03, MAJOR SITE PLAN REVIEW
NO.0558-08, CONDITIONAL USE PERMIT
NO. 2725-08 AND DESIGN REVIEW
COMMITTEE NO. 4370-08 TO ALLOW FORTHE
DEVELOPMENT OF 105,000 SQUARE FEET
OF COMMERCIAL SPACE ON PROPERTY LOCATED
AT
20 CITY BOULEVARD WEST.APPLICANT: ORANGE
CITY MILLS I LIMITED PARTNERSHIP,
ORANGE CITY MILLS II LIMITED
PARTNERSHIP, ORANGE CITY MILLS
III LIMITED PARTNERSHIP (COLLECTIVELY REFERRED TO
AS "ORANGE
CITY MILLS LIMITED PARTNERSHIP").WHEREAS, the Addendum to Final Environmental
Impact Report (Addendum to ENV 1721-03), Major Site Plan Review (MSPR
0558-08), Conditional Use Permit (CUP 2725-08), and Design Review Committee (DRC
4370-08) were filed by Orange City Mills Limited Partnership in accordance
with the
provisions of the Orange Municipal Code OMC); and WHEREAS, the
Addendum to Final Environmental Impact Report (Addendum to ENV 1721-03), Major
Site Plan Review (MSPR 0558-08), Conditional Use Permit (CUP 2725-08),
and Design Review Committee (DRC 4370-08) filed by Orange City Mills Limited Partnership were
processed
in the time and manner prescribed by state and local law;and
WHEREAS, the requested applications constitute a "project" subject to the terms of
the
California Environmental Quality Act (CEQA) (Public Resources Code 21000 et.
Seq.);and WHEREAS, City staff prepared the Addendum to evaluate
the potential environmental impacts associated with Major Site Plan Review (MSPR 0558-
08),Conditional Use Permit (CUP 2725-08), and Design Review Committee (DRC 4370-08) and concludes
that there is no new significant impacts that require major revisions
to the Block at Orange Expansion EIR.
WHEREAS, the Staff Review Committee (SRC) reviewed the project on February 3,
2010, March 3, 2010 and on March 17, 2010 and recommended approval of the proposal
with conditions that have been incorporated into the conditions of approval; and
WHEREAS, the Design Review Committee (DRC) reviewed the project at the
February 17, 2010 meeting. At the DRC meeting, the Committee reviewed the preliminary
proposal in an effort to provide general feedback about possible design modifications or
desired clarifications to the project plans. On April 21, 2010 the Committee reviewed the
proposal with incorporated revisions and recommended approval of the proposal with
conditions that have been incorporated into the conditions of approval; and
WHEREAS, the Planning Commission conducted one duly advertised public hearing
on May 17, 2010 for the purpose of considering the modification to the Block at Orange
Expansion project. Under the modified project, the project expansion would be limited to
development of 105,000 square feet of retail commercial space and would be constructed in
at least two phases upon property described on Attachment A to this Resolution; and
WHEREAS, the Planning Commission unanimously recommended that the City
Council approve the project; and
WHEREAS, the City Council of the City of Orange held a duly advertised public
hearing on June 8, 2010 for purposes of considering the project recommendation from the
Planning Commission.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange that Addendum to Final Environmental Impact Report (Addendum to ENV 1721-
03),Major Site Plan Review (MSPR 0558-08), Conditional Use Permit (CUP
2725-08), and Design Review Committee (DRC 4370-08) for two phases ofthe
construction of 105,000 square feet of retail on the east side of the property adjacent
to the existing Alcatraz restaurant is hereby approved based
on the following
findings:SECTION 1-ENVIRONMENTAL REVIEW The Addendum to the Block at
Orange Expansion Final Environmental Impact Report No. 1721-03 (FEIR) serves as the environmental
review of the modified Block at Orange Expansion project, as required pursuant
to the provisions of the California Environmental Quality Act (CEQA), Public Resources
Code Section 21000 et seq., State CEQA Guidelines, and the City of Orange
Local Guidelines for Implementing CEQA (Local CEQA Guidelines). Based on substantial evidence in the
record, the decision to file the Addendum to FEIR No. 1721-03, as explained in
detail in the methodology portion of the Addendum which is incorporated by reference as though
fully set forth herein, is based on
the
SECTION 2 -FINDINGS
General Plan
1. The project must be consistent with the goals and policies stated within the City's
General Plan.
The project promotes the City as a destination shopping mall and accomplishes
establishing new property and sales tax generation in the City. The project assists
in implementing the redevelopment plan for the City of Orange. Furthermore,
project approval supports the City's continued efforts to support ongoing
commercial development. The project contributes to the rehabilitation of aging
infrastructure with its proposed improvements, minimizes potential risk from
environmental hazards, and includes crime deterring features.
Major Site Plan
1. The project design is compatible with surrounding development and
neighborhoods.
The project site is generally located south of Chapman Avenue, east of Lewis
Street, west of The City Drive, and north of the Garden Grove Freeway (SR-
22).The project site is located within The Block at Orange, a 73-
acre existing commercial development. The site is surrounded by similar
commercial uses.The proposed expansion would be limited to developmentof 105,000 square
feet of retail commercial space, a reductionof 15,000 square feet from
theoriginal project's 120,000 square feet. The project would be constructed in at
least two phases. The first phase would create a new 35,000 square foot
commercial building.The second phase or additional phases would construct theremaining 70,
000 square feet of commercial space. All proposed expansion would be
compatible with surrounding development
and neighborhoods.2. The project conforms to City development standards and any
applicable special design guidelines or specific
plan requirements.The proposed development conforms to all the design guidelines
and development standards, except for the number of required parking spaces. The
current Municipal Code requires 4,727 spaces for The Block shopping center and 7,795 for
the entire Block area, including The Block, One City Tower, and the
Parkway West Properties. While the proposed onsite parking supplyof 3,674 is less thanthe
4,727 required by code, the City approved the original shopping center in 1996
and its expansion in 2004 based on the concept of shared parking. Creation of
a new shared parking agreement with the Parkway West Properties would allow for
use of 460 spaces. These 460 shared spaces, in addition to the existing shared 1,
114 spaces on One City Tower andthe 3,674 onsite parking spaces, would make a
totalof 5,248 spaces available to users of The Block after implementation of
the
modified
3. The project provides for safe and adequate vehicular and pedestrian circulation,
both on- and off-
site.An updated Austin-Foust Traffic and Parking Analysis (February 2010)
for the project conducted that the project will have no significant impact on
the study intersections during the peak hours, and no mitigation is required. The
analysis is incorporated herein by reference and shows that the project creates
no significant traffic impacts and no additional traffic improvements beyond
those currently planned by the City of Orange are required. Emergency vehicle travel on
the site has been demonstrated on project plans and been preliminarily approved by
the
Fire Department.4. City services are available and adequate to serve
the project.The Addendum for the project found that the project would not result
in significant impacts to police, fire, or park services. The project would not have
a significant impact on City utilities. The project would not result in any
new significant environmental impact nor is there a substantial increase in the severity
of impacts described in The Block at Orange
Expansion EIR.5. The project has been designed to fully mitigate or substantially
minimize adverse
environmental effects.Based on the analysis and information, there is no evidence that the changes
to the project require a major change to The Block at Orange Expansion EIR.
The project would not result in any new significant environmental impact nor is
there a substantial increase in the severity of impacts described in The Block
at Orange
Expansion EIR.The Addendum has analyzed all available relevant information
to determine whether there is new information that was not available at the time The
Block at Orange Expansion EIR was certified, indicating that a new significant
effect not reported in The Block at Orange Expansion EIR would occur. Based
on the information and analysis above, there is no substantial new information
that there would be a new significant impact requiring major revisions of The
Block at Orange
Expansion EIR.Conditional
Use Permit 1. A Conditional Use Permit shall be granted upon sound principles of land use
and in response to services required by
the community.The applicant is requesting a Conditional Use Permit to permit shared
parking and valet parking. The shared parking would be between the
surrounding office buildings and The Block. Because of the complementary nature of the
area, which includes a variety of land uses, complete adherence to the parking
code would require creation of parking spaces that would likely create excess
parking spaces.The valet parking area would not be roped off, nor would it use tandem
or
parking, so it would be available to any drivers who want to self-park in the
area.Valet parking would not utilize off-site parking, or parking separate
from the existing and proposed parking areas. Based on the project design and
proposal, the valet parking use is granted on sound principles of
land use.2. A Conditional Use Permit shall not be granted if it will cause
deterioration of bordering land uses or create special problems for the area in which it
is located.The updated Austin-Foust Traffic and Parking Analysis (February
2010) for the project found that, due to the nature of these uses, providing the
total amount of code-required parking would require the creation of
excess parking spaces. The office buildings require nearly 100 percent of their parking between
9:00 AM and 4:00 PM Monday through Friday, with less than 30 percent
needed for parking on weekday evenings and less than 10 percent on
weekends. Meanwhile, the Block shopping center, which is primarily entertainment oriented,
requires less than 60 percent of its parking duringthe weekday between 9:00 AM and
4:00 PM. Because of the complementary nature of the area, which includes a
variety of land uses,strict adherence to the parking code would require creation
of parking spaces that would
create excess parking spaces.A valet parking service will be provided, with the parking
area on the southeast corner of the site providing the valet parking. The valet parking
area would not be roped off, nor would it use tandem or aisle parking, so it would
be available to any drivers who want to self-park in the area. Valet
parking would not utilize off-site parking, or parking separate from the existing and
proposed parking areas. It is not necessary to the operation of the project,
and does not affect the parking requirements of the Block. Valet parking
would be provided solely as a convenience for patrons and is condition so as
not to cause
the deterioration to adjacent land uses.3. A Conditional Use Permit must be considered in
relationship to its effect on the community or neighborhood plan for the
area in which it is located.Because of the complementary nature of the area,
which includes a variety of land uses, strict adherence to the parking code
would require creation of parking spaces that would likely create excess parking spaces. The
valet parking area would not be roped off, nor would it use tandem or aisle parking, so
it would be available to any drivers who want to self-park in the
area. Valet parking would not utilize off-site parking, or parking separate
from the existing and proposed parking areas and therefore is unlikely to affect the
community
4. A Conditional Use Permit, if granted, shall be made subject to those conditions
necessary to preserve the general welfare, not the individual welfare of any
particular applicant.
The project is subject to conditions regarding operation of the shared parking and
valet parking, so as not to have an adverse impact on the general welfare of
surrounding property owners and tenants.
Design Review Committee
1. The project design upholds community aesthetics through the use of an internally
consistent, integrated design theme and is consistent with all adopted specific
plans, applicable design standards and their required findings.
This finding is fulfilled as determined by the Design Review Committee when, on
April 21, 2010, they reviewed the project and recommended that the City Council
approve the project subject to conditions of approval. The written findings of the
DRC are incorporated herein. Major Site Plan finding number one also serves to
meet this finding and is incorporated by reference herein.
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 Exhibit A, (dated June
8,2010) and on file with the Department of Community
Development.2. Within two (2) days of final approval of this project, the applicant shall deliver
to the Planning Division a cashier's 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 County administrative fee, to enable the City to file the
Notice of Determination required under Public Resources Code 21152, 14 Cal.
Code Regulations
15075.3. Modifications to the approved architecture and color scheme shall be
submitted for review and approval to the Community Development Director or
designee.Should the modifications be considered substantial, the modifications shall
be reviewed and approved by the Design Review
Committee.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 use will
be cause for revocation of any applicable
entitlements.
5. The applicant agrees to indemnify, hold harmless, 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 the entitlements, save and
except that caused by the City's active negligence.
6. Prior to issuance of building permits for the construction of Phase I, the applicant
shall provide evidence of executed and recorded shared parking agreement(s)
between the property owners of The Block Properties and the Parkway West
Properties.
7. The valet parking area shall not be roped off, nor shall it be used in tandem or
aisle parking. The valet parking area shall be available to any drivers who want to
self-park in the parking
spaces.8. Should parking issues arise on the site or the surrounding properties, the
applicant shall work with the Community Development Director or designee to resolve
any such issues. If such issues are not resolved to theCity's satisfaction,
the Conditional Use Permit for the shared parkingagreement(s) shall be presented
to the determining body for their consideration of conditions or
modifications.9. All parking lots and service roads shall be kept free of trash and other
litter.General maintenance shall be performed from time to time on the parking lots
and service roads. All parking lots and service roads shall be repaired as
needed.10. All mechanical and air conditioning equipment shall be shielded and
screened from view from adjacent streets and properties in accordance with the
OMC.11. All loading areas and the trash enclosure shall be maintained and kept clean
and free of
debris.12. Graffiti shall be removed from the exterior walls and windows of the
licensed premises within 72 hours of
discovery.13. The applicant shall construct an internal roadway linking the inner ring road at
the Block at Orange to the Metropolitan Drive/State Route 22 off- and
on-ramp intersection (the "Fourth Leg Improvements"), and convey to the City
of Orange or its assignee) the Fourth Leg Improvements and the land upon
which the Fourth Leg Improvements are constructed (the "Fourth Leg
Site"), which conveyance shall be in a form acceptable to the City Attorney. The
Fourth Leg Improvements are more fully described in The Block at Orange
Fourth Leg Parking Lot Reconfiguration Project SP-3664, BID NO.
090-40, and
incorporated by reference herein.14. These conditions shall be reprinted on the cover sheet or
first page of construction
plans,
Design Review Committee
15. The roof plan as submitted to the Design Review Committee dated April 6, 2010
shall be part of the final submittal.
16. The Design Review Committee approval of DRC No. 4370-08 is for
final architectural and landscape plans relating to building "N" and the new parking
lot on the former Firestone building (Phase I). The final architectural and
landscape plans for Phase II shall be submitted for review and approval by the
Design Review Committee, prior to submittal of building permits for Phase
II.17. The applicant is to re-use the existing Date Palm trees in the parking lot
spines to match the height of the existing Date Palms in the
pedestrian plaza.18. Add Palm trees in the parking lot located to the south of the Phase I
building to reflect the existing parking lot tree
massing
design.Landscape 19. Landscape plan shall comply with the City's new Water
Efficient Landscape requirements for project landscape improvements over 5,000 square feet
that was mandated by the State of California, effective January
1, 2010.20. Prior to the issuance of building permits, the applicant shall submit three (
3) sets of final landscape and irrigation plans for review and approval by the
Director of Community Services or designee. The landscape plan planting
legend shall include a symbol and name, quantity and size for plant material and
more detail indicating plant placement, location and spacing on
the plan.21. Landscaping must be maintained so as to not interfere with lighting
or
addressing requirements.22. All landscape areas shall be distributed throughout the parking area, and
shall be maintained in a neat and healthy condition. Should the plant material
die, thebusiness owner/operator shall replace it with new
plant material.23. A Tree Removal Permit shall be required by the City for removal of any
trees at the site for the
proposed project.24. Applicant shall provide City Street Trees as required. Contact
Tree Services Coordinator at (714) 532-6470 to determine species, size, location
and number of
street trees required.25. The applicant shall up-size some of the 24" box trees to 36",
48" or larger to replace the existing larger
26. Applicant's landscape architect shall coordinate with the civil engineer's drawing
by providing details, identification of infiltration planting areas & notes for Storm
Water Best management Practices (BMPs) on the landscape plan.
27. Prior to City approval of the landscape plans, the applicant shall review the
approved Water Quality Management Plan (WQMP) and ensure the proposed
landscape plans are consistent with the project grading plans and show applicable
BMPs such as grass swales, detention basins, grass or vegetated buffers, filters,
permeable pavers, etc.
Water Quality
28. The project is considered a Priority project and will need to prepare and submit a
WQMP with treatment BMPs and site design features such as more permeable
pavements, landscaping infiltration, directing roof runoff into planters and other
BMPs that will serve as buffers for runoff from the site. The WQMP shall be
approved prior to issuance of building permits.
29. Prior to the issuance of any grading permits the applicant shall submit a Project
WQMP for review and approval to the Public Works Department that:
a. Prioritizes the use of Low Impact Development principles as follows:
preserves natural features; minimizes runoff and reduces impervious surfaces;
and utilizes infiltration of runoff as the method of pollutant treatment.
Infiltration BMPs to be considered include the use of permeable materials
such as concrete and concrete pavers, infiltration trenches, infiltration
planters, and other infiltration BMPs as applicable.
b. Incorporates the applicable Routine Source and Structural Control BMPs as
defined in the Drainage Area Management Plan (DAMP)
c. Maintains the hydrologic characteristics of the site by matching time of
concentration, runoff, velocity, volume and hydrograph fora 2-year
storm
event.d. Minimizes the potential increase in downstream erosion and
avoids downstream impacts to physical structures, aquatic and riparian
habitat.e. Generally describes the long-term operation and maintenance
requirements for structural and Treatment
Control BMPs f. Identifies the entity or employees that will be responsible
for long-term operation, maintenance, repair and or replacement of
the structural and Treatment Control BMPs and the training that qualifies them
to operate and
maintain the BMPs g. Describes the mechanism for funding the
long-term operation and maintenance of all structural
and
h. A copy of the forms to be used in conducting maintenance and inspection
activities
i. Recordkeeping requirements (forms to be kept for 5 years)
j. A copy of the form to be submitted annually by the project owner to the
Public Works Department that certifies that the project's structural and
treatment BMPs are being inspected and maintained in accordance with the
project's WQMP.
30. Prior to the issuance of certificates for use of occupancy, the applicant shall
demonstrate the following to the Public Works Department:
a. That all structural and treatment control BMPs described in the Project
WQMP have been constructed and installed in conformance with the
approved plans and specifications, and;
b. That applicant is prepared to implement all non-structural BMPs described
in the Project WQMP,
and;c. That an adequate number of copies of the project's approved final
Project WQMP are available for the future
occupiers.31. Prior to the issuance of certificates for use of occupancy or final signoff by
the Public Works Department, the applicant shall demonstrate to the satisfaction
of Public Works, that the preparer of the WQMP has reviewed the
BMP maintenance requirements in Section V of the WQMP with the responsible
person and that a copy of the WQMP has been provided to that person. A
certification letter from the WQMP preparer may be used to satisfy this
condition.32. Prior to the issuance of a grading permit (include grubbing, clearing,
surface mining or paving permits as appropriate) the applicant shall demonstrate
that coverage has been obtained under California's General Permit for
Stormwater Discharges Associated with Construction Activity (General Permit) by
providing a copy of the Notice of Intent (NOI) submitted to the State Water
Resources Control Board and a copy of the subsequent notification of the issuance of
a Waste Discharge Identification (WDID) Number or other proof of filing. A
copy of the current SWPPP required by the General Permit shall be kept at the
project site and be available for review by City representatives upon
request.33. Prior to the issuance of certificates for use and occupancy, the applicant
shall demonstrate that coverage under the State's General Permit for
Stormwater Discharges Associated with Industrial Activity has been obtained by providing
a copy of the Notice of Intent (NOI) submitted to the State Water
Resources Control Board and a copy of the notification of the issuance of a Waste
Discharge Identification (WDID) Number or other proof of
filing.
34. Prior to City approval of the landscape plans, the applicant shall review the
approved WQMP and ensure the proposed landscape plans are consistent with the
project grading plans and show applicable BMPs such as grass swales, detention
basins, grass or vegetated buffers, filters, permeable pavers, etc.
35. Prior to issuance of building permits, the applicant shall review the approved
WQMP and grading plan to ensure the structure's downspouts or drainage outlet
locations are consistent with those documents. Copies of the building or
architectural plans showing the downspouts and drainage outlets shall be
submitted to the Public Works Departments for review and approval.
36. Prior to issuance of building permits the applicant shall identify the location of the
grease interceptor and provide evidence to the Building Official that the design
meets and is consistent with the City's latest adopted building codes.
Public Works
37. Submit grading plan to Public Works for review and approval. An approved
grading plan shall be required prior to issuance of Grading Permit. An approved
Grading Permit from Public Works Engineering shall be required prior to start of
any construction and demolition.
38. The contractor shall obtain a Grading Permit from Public Works Department prior
to start of any site demolition, clearing and grubbing, and grading.
39. All works within public right-of--way and public utility easements
will require Encroachment Permits. These works include sidewalk
and driveway constructions and
utility connections.40. All public infrastructures, including street sections, sidewalk, driveway
apron, and utilities shall comply with City of Orange Standard Plans
and Specifications.
Water Division 41. Prior to the issuance of a building permit, the applicant shall
submit improvement plans to the Water Division for new fire hydrants, domestic water
services, fire services, landscape services, and any other proposed improvements
or relocations affecting the public water system facilities for review and approval.
Approval of the improvement plans shall occur prior to building
permit issuance.42. Prior to the issuance of a building permit, the applicant shall be
responsible for the installation/relocation ofthe proposed/existing public water
system facilities as necessitated by the proposal to a location and of a design as approved
by the
Water
43. Plans submitted during plan check shall show that the water improvement plans
concur with the fire suppression plans and fire master plan; the applicants
consultant preparing the water improvement plans shall coordinate their plans
with the consultant preparing the fire suppression plans and fire master plan so
that their designs concur.
44. Prior to the issuance of a Certificate of Occupancy, the applicant shall be
responsible for the installation of necessary fire hydrants and fire services as
determined by the Fire Department and Water Division.
45. Prior to the issuance of a building permit plans shall show that each building shall
be protected with a separate fire service unless otherwise approved by the Fire
Department and Water Division.
46. Prior to building permit issuance, the Water Division shall approve the type and
location of fire service (detector check) device.
47. Plans submitted during plan check shall show that a minimum twenty-foot (
20')separation will be maintained from the public water system facilities to
the proposed/existing buildings and structures per the City of Orange
Standard Location Of Underground Utilities
Standard.48. Plans submitted during plan check shall show that the installation of sewer
mains in the vicinity of water mains is done per the Department of Public
Works Standard No.
204.49. Plans submitted during plan check shall show that a six foot minimum
horizontal clearance and a one foot minimum vertical clearance would be
maintained between City water mains, laterals, services, meters, fire hydrants and all
other utilities except
sewer.50. Plans submitted during plan check shall show that an eight-
foot minimum clearance is provided between City water mains, and signs, trees
or other substantial shrubs, bushes,
or plants.51. Plans submitted during plan check shall show that the
minimum separation requirements are met. The applicant's consultant preparing the
improvement plans shall coordinate their plans with the consultants preparing
the landscape,architectural, water quality management, fire master and fire
suppression plans.52. Plans submitted during plan check shall show that permanent
signs, awnings,water quality management infiltration planter structures,
pervious paving structures or other structures are not installed over water mains,
laterals, services,meters, and
fire
53. Plans submitted during plan check shall show that each property, residence, main
building or structure shall have a separate meter service unless otherwise
approved by the Water Division.
54. Prior to approval of the water improvement plan, the applicant shall satisfy all
water main connection, plan check, and inspection charges as determined by the
Water Division; all hot taps required on existing City mains to provide water
service to any lot, parcel or subdivision shall be performed by City crews at the
developer's expense in accordance with the fee schedule established by resolution
of the City Council.
55. Prior to approval of the water improvement plan, the applicant shall satisfy all
water construction bond requirements for the installation of the public water
system improvements as determined by the Water Division.
56. That a minimum of fourteen-calendar days prior to construction, the
applicant shall provide material submittals for all proposed public water system facilities
to the Water Division for review and
approval.57. Prior to the issuance of a Certificate of Occupancy, the applicant shall furnish
and install individual pressure regulators on new services where the incoming
pressure exceeds eighty pounds per square
inch.58. Prior to approval of the water improvement plan, the applicant shall enter into
a Grant of Easement and Agreement with the City of Orange for all existing
City water facilities proposed to remain and all proposed City water facilities
including mains, meters, detector checks and fire hydrants. The applicant shall furnish
a dedicated and graded minimum fifteen-foot unencumbered access
and utility easement to be contiguous to the existing City right of ways and
easements as determined by the Water Division for all proposed City water
facilities including mains, meters, detector checks and
fire hydrants.Police Department,
Crime Prevention 59. Paragraph J of Section15.52.090 of the Orange Municipal Code requires
all open parking lots owned by the Developer within the Project Site to
be illuminated with a maintained minimum of 1-foot-candle of light on
the parking surface be maintained during normal business hours at the Project
Site every day. The Developer, at its sole cost and expense, agrees to and shall
ensure that all open parking lots owned by the Developer within the Project Site,
which are those open parking lots that will not be affected by construction of the retail
area on the east side of the property, will meet the minimum illumination
standard as soon as reasonably possible but no later
than
60. Within one year following approval of the Major Site Plan Review (MSPR No.
0558-08), the Developer shall submit plans, specification, drawings and
all necessary related documents for an upgraded Closed Circuit Television
Video camera security system ("CCTV") including a detailed a site plan of all
camera locations, as well as cut sheets and/or detailed specifications for the
camera hardware and software to be used at the Project Site in a form acceptable to
theCity's Police Chief (or his designee). During the preparation of the
camera plans, the Developer and the City's Police Chief (or his designee) shall
hold regular progress meetings to coordinate the preparation, submission and review
of the camera plans. TheCity's Police Chief (or his designee) and the
Developer shall communicate and consult as frequently as necessary to ensure that
the formal submittal of the camera plans to the City can receive prompt and
speedy consideration. The Developer shall organize a "pre-bid" meeting at
a location determined by Police Chief (or his designee), at whichthe
Developer's management personnel, the Police Chief (or his designee), and
the Consultant designated by the Developer to handle the bidding process shall be
in attendance,and at which the Request for Proposals ("RFP for CCTV") can be
reviewed in detail prior to its release for bid. The purpose "pre-bid" meeting is
to finalize the details of RFP for CCTV and obtain the approval of the Police
Chief (or his designee). If the Developer desires to makeany substantial change(
s) in the camera plans after approvalby the City's Police Chief (or
his designee), such proposed change(s) shall be submitted in writing to the City's Police
Chief (or his designee) for approval. The camera system on the Project
Site shall be operational no later than the completion of construction of the
first retail building at the expansion site area identified in the Major Site Plan
Review (MSPR No.0558-08). The Certificate of Occupancy will not be issued
until the new CCTV camera system is complete and operational to thesatisfaction of
the City's Police
Chief (or his designee).61. To ensure adequate services are provided and to minimize
the demands on police service, security and design measures that employ
Defensible Space concepts will be utilized in development and construction
plans. These measures incorporate the concepts of Crime Prevention
Through Environmental Design (OPTED),which involves consideration such as placement
and orientation of structures,access and visibility of common areas, placement
of doors, windows, addressing and landscaping. OPTED promotes public safety,
physical security and allows residents and visitors the ability to monitor
activity in neighboring areas.62. The City of Orange Building Security Standards
Orange Municipal Code chapter 15.52 reference Ordinance #7-79 shall be imposed on
all aspects of the proposed retail area in the development and will
include requirements for door hardware,lighting, addressing, landscaping,
window
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 project:
Prior to the 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, as required.
Building permits shall be obtained for all construction work, as required by the
City of Orange, Community Development Department's Building Division.
Failure to obtain the required building permits will be cause for revocation of this
design review permit.
All structures shall comply with the requirements of Municipal Code -Chapter
15.52 (Building Security Standards), which relates to hardware, doors, windows,
lighting, etc. (Ord. 7-79). Approved structural drawings shall include sections
of the security code that apply. Specifications, details, or security notes may be
used to convey the
compliance.Expiration-If not utilized, this project approval expires two years
from the approval date. An extension of time may be permitted upon a written
request, if received before the
expiration deadline.Violations of conditions of approval constitute a violation of
the Orange Municipal Code, per Section17.10.
030.G.ADOPTEDthis 8'h day of
June, 2010
AT'1CES1':Mary E. M ity
Clerk,
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 8th day of June, 2010, by the
following vote:
AYES: COUNCILMEMBERS: Murphy, Cavecche, Dumitru, Bilodeau
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN(RECUSED): COUNCILMEMBERS: Smith
Mary E. ,City Clerk, City o range
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