RES-10427 Mitigated Negative Declaration ApprovalRESOLUTION NO. 10427
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE ADOPTING AND APPROVING
MITIGATED NEGATIVE DECLARATION NO. 1816-
09 AND SITE PLAN REVIEW NO. 0593-09, FOR
THE RENOVATION OF THE WATER
WAREHOUSE AND CONSTRUCTION OF A CITY WATER
WELL AND SUPPORT FACILITIES LOCATED AT
145 SOUTH WATER
STREET.APPLICANT: CITY OF
ORANGE WHEREAS, Mitigated Negative Declaration No. 1816-09 and Site Plan
Review No.0593-09 were reviewed in accordance with the provisions of the City
of Orange Municipal Code and City policies
and procedures; and WHEREAS, on August 19, 2009, the Staff Review Committee
reviewed the project and recommended that the
project proceed; and WHEREAS, the Planning Commission conducted one duly
advertised public hearing on January 4, 2010, for the purpose of considering Mitigated Negative
Declaration No. 1816-09, corresponding Ordinance 02-10 for Zone Change No. 1253-09,
and Site Plan Review No.0593-09,
relating to property described as follows:145 SOUTH WATER STREET- (Parcel B consisting of lots 9
and 10 in Block B of the Jameson Tract in the City of Orange, County of
Orange as recorded in Book 13,Page 44 in the Office of the
Recorder of Los Angeles County, California)189 SOUTH WATER STREET- (Parcel A consisting of lots
11, 12, 13, 14, 15, 16,17, 18, 19, 20, 21, and 22 in Block B of the Jameson
Tract in the City of Orange,County of Orange as recorded in Book 13, Page 44 in
the Office of the
Recorder of Los Angeles County, California)NOW, THEREFORE, BE IT RESOLVED that the
City Council of the City of Orange hereby approves and adopts Mitigated
Negative Declaration No. 1816-08 and Site Plan Review No. 0593-09, for the renovation
of the Water Warehouse and Construction of a City water well
SECTION 1-
FINDINGS General
Plan 1. The project must be consistent with the goals and policies stated within the City'
s General
Plan.The proposed PI (Public Institution) zoning related to this project is consistent
with the PF (Public Facilities) General Plan designation. Establishing PI zoning on the
site would eliminate the existing GeneralPlan/zoning inconsistency and
provide consistent zoning for City facilities in the area. The General Plan contains Land
Use Element policies6.0, 9.0 and11.0 which encourage good urban design, reducing
land use conflicts between residential and non-residential uses, and call for the
City to maintain adequate infrastructure to meet the needs of existing and future
residents. In addition Noise Element Goal 1.0 recognizes the importance of
protecting residential from harmful noise. The project will provide facilities for City
Water Division operations and the water well will ensure adequate drinking water resources
for City residents. In addition, the project will improve the appearance of
the existing warehouse building through patching, painting, and providing new
windows, doors,awnings new landscaping and wrought iron fencing at the eastern
perimeter. The project also provides for a noise attenuating enclosure and shielded
transformers and AC units to ensure noise is controlled. Therefore, the project is
consistent with General Plan goals
and policies.Site
Plan Review 2. The project is compatible with surrounding development
and neighborhoods.The Warehouse building is currently vacant and is not in good
condition. The project proposes to locate office and warehouse uses associated with the
City Water Division on the property and improve the exterior. The project is compatible
in use and appearance with the surrounding development and neighborhood in
that the City's Water Division headquarters are located on the adjacent property
and also south of Almond Street, with City-owned property also located north
of the site.Additionally, the exterior of the warehouse will be improved
compared to its existing condition with new paint, doors, window, awnings, and
new fencing and landscaping (per conditions) at the rear of the property thereby
making it compatible with the on-site
development and surrounding neighborhood.3. The project conforms to City development standards
and any applicable special design guidelines
or specific plan requirements.The project conforms to PI standards with
the exception of landscaping requirements. Given site constraints and
operations and maintenance requirements for the proposed well and electrical facilities, landscaping
has been incorporated to the extent possible and will adequately screen proposed
equipment on-site within the rear yard in keeping
with
4. The project provides for safe and adequate vehicular and pedestrian circulation,
both on- and off-
site.The circulation ou and off the site was reviewed by the City's Fire Department
and Traffic Division during the Staff Review Committee (SRC) meetings. All
reviewing parties found the project conforms to this
finding.5. City services are available and adequate to serve the
project.The various City departments reviewed the project during the SRC meetings
and have confirmed that services are available and adequate to serve the
project.6. The project has been designed to fully mitigate or substantially minimize
adverse environmental
effects.The project has been designed such that building lighting, noise, and
facility operations would not substantially and adversely affect the
surrounding neighborhoods. Mitigated Negative Declaration No. 1816-09 was
prepared to analyze the potential environmental effects of the project and measures
have been required to mitigate
environmental impacts.SECTION 2 -ENVIRONMENTAL REVIEW
AND FINDINGS Mitigated Negative Declaration (MND) No. 1816-09 was prepared
to evaluate the physical environmental impacts of the project, in conformance with the
provisions of the California Environmental Quality Act (CEQA) per State CEQA
Guidelines Section 15070 and in conformance with the Local CEQA Guidelines. The MND finds that
the project will have a less than significant impact to the environment with the
implementation of standard conditions
and mitigation measures.The draft MND was circulated fora 30-day public review
period from November 3,2009, through December 2, 2009. Copies of the MND were available
for public review at the Main Library, at City Hall, and on the City's website. The MND
was also mailed to Responsible Agencies" under CEQA and to the State Clearinghouse
for review by State agencies. On October 29, 2009, the City mailed ajoint
Notice of Intent/Planning Commission Public Hearing Notice to 62 property owners/tenants within
a 300-foot radius of the project site, public agencies and individuals who
have previously requested notice in writing. The City also posted the Notice onsite in two different
locations and filed the Notice with the County Clerk on November 3, 2009. The Notice
was published in the local
newspaper on November 5, 2009.The City Council has reviewed and considered
written comment letters during the CEQA public review period (if any) along with any testimony
received at the public hearing.After examining the MND and associated Mitigation
Monitoring Program, the City Council hereby exercises its discretion and independent judgment and finds
that the project will
not
SECTION 3 -CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed with
project approval:
1. Prior to the issuance of building permits for Well 27 site improvements, a final landscape
plan shall be brought to the Design Review Committee (DRC) for review and approval.
At minimum, the landscape plan shall show landscaping and irrigation (i.e. shrubs and
trees) within the public parkway at the rear yard of 145 Water Street. Through the DRC
process, additional opportunities for landscape screening will be examined, such as
changing the proposed wrought iron fence and gate at the driveway to a CMU block wall
with wrought iron gate, narrowing the proposed 30' driveway to increase the parkway
length, removing the 3' 6" sidewallc to increase the parkway depth, and/or generally
enhancing the appearance of the site by planting trees elsewhere in the Water Division
complex.
2. Prior to issuance of building permits for Well 27 site improvements, construction plans
including exterior elevations, color palette, and landscape plan) shall be reviewed and
approved by the SRC and DRC. Final plans shall incorporate construction-level SRC
and DRC
conditions.3. All construction shall conform in substance and be maintained in general
conformance with Construction Plans for the Water Warehouse Renovation (dated July 9, 2009),
and the Preliminary Site Plan for the Water Well 27 Improvements (dated April,
2009),including modifications required by conditions of approval, and as recommended by
the Planning Commission and approved by City
Council.4. Building permits shall be obtained for all construction work, as required by the City
of Orange, Community Development Department's Building
Division.5. All structures shall comply with the requirements of Municipal Code -Chapter 15.
52 Building Security
Standards).6. Prior to awarding a construction contract, construction plans and specs shall include
City-standard Erosion and Sediment Control and Water Quality Notes, and include or
require preparation of an Erosion Control Plan for City approval (prior to commencement
of
work).7. The project shall comply with all federal, state, and local laws, including all
city
regulations.8. These conditions shall be reprinted on the first page of the construction documents
or shall otherwise be submitted with the construction documents when applying to
the Building Department for plan
check.
Mitigation Measures
9. The City Construction Contractor shall comply with the Standard Specifications for
Public Works Construction (The GREENBOOK), current edition and SCAQMD's Rule
403, which includes measures for minimizing air quality impacts to the greatest extent
feasible. This requirement shall be included in the Project Specifications and shall be
enforced by the City's Construction Manager. (PDF-
AQ1)10. Should any undiscovered cultural material be uncovered during construction, the City'
s contractors shall cease work and the City shall be notified immediately. Work in the
area of discovery shall cease until the City can retain a qualified cultural resources
specialist,and determine the nature and the significance of the find. If significant cultural
materials are found, they shall be salvaged and collected under the responsible direction of
a qualified cultural resources specialist. (MM
CR-1)11. The City's construction contract shall require compliance with the
Greenbook Standard Specifications for Public Works Construction, including the provisions related
to water quality, which require the Contractor to exercise every reasonable precaution
to protect channels, storm drains, and bodies of water from pollution, and shall
conduct operations so as minimize or avoid muddying and silting of channels, drains, and
waters. Contract provisions shall be enforced bythe City's Construction Manager. (
PDF GS-1)12. Prior to building permit final inspections, the City Public Works Director
or his designee shall prepare a hazardous material and inventory disclosure form
that includes an emergency response/evacuation plan for the Well 27
facility including cleanup procedures in the event of an accidental release. The form shall be approved
by the City Fire Department, Fire Prevention Bureau, and Hazardous Materials
Section. (MM HZ-1)13. Prior to issuance of building permits for the Well 27 support
structures, plans shall show that the NAOC1 storage tank and containment structure are designed
to meet building and fire code requirements aimed at minimizing potential risk of upset.
The project shall be implemented in accordance with plans approved by the
City Fire Department, Fire Prevention Bureau, Hazardous
Materials Section. (MM HZ-2)14. Prior to building permit final inspection, a risk
management plan or equivalent which identifies specific operations, maintenance
and emergency procedures and responsible parties shall be prepared by the Public Works Department
Water Division, or an assigned contractor, and shall be approved by the City
Fire Department, Fire Prevention Bureau,
Hazardous Materials Section. (MM HZ-3)15. During structure demolition and
soil disturbance activities, the construction contractor shall inspect the site for evidence of soil
contamination including stained soil, odor, etc.If such unanticipated conditions are
encountered, the contractor shall stop work immediately, remove workers from the area,
and notify the City construction manager.The site shall be secured and contaminated soil
shall be contained and covered until testing can be conducted
by
Should testing confirm contaminated soil is present, the City shall notify the Fire
Department and Orange County Health Care Agency. At minimum, contaminated
material would be contained, removed from the site, and disposed of at a permitted
landfill facility by a qualified remediation contractor and in accordance with the
recommendations of regulatory and oversight agencies. (MM HZ-
4)16. Final Plans and Specifications for the project shall include theCity's "Erosion
Control,Sediment Control, and Water Quality Notes" which is based on the requirements of
the Orange Municipal Code and prevents soil, sediment, construction wastes
and construction chemical pollutants from leaving the site. (PDF
WQ-1)17. Prior to the initiation of water well flushing operations, the Public Works Director
or his designee overseeing well water discharge shall place filters at all the nearest
storm drain inlets to prevent the release of well sediments in the discharged water from
entering the storm drain system. This provision shall be added to the operations
and maintenance plan for Well 27 prior to building permit final (
MM WQ-1)18. To avoid drawdown, Water Well 27 shall be constructed and
operated per the recommendations of the preliminary well design report (dated
February 2009) including its recommendations not to operate wells 4, 5, and 14 during construction
or operation of proposed Well 27. Prior to building permit final, this limitation shall
be incorporated into the operations and maintenance plan for well 27 and shall be implemented
by the Public Works Director or
designee. (MM WQ-2)19. The discharge of well water shall not occur during rain, within 24 hours
of rain, or within 24 hours of anticipated rain at the site. The mitigation measure
is required to prevent taxing of the city storm drain system during a storm event. This
measure shall be added to the operations and maintenance plan for well 27 (prior to
issuance of building permit final) and shall beimplemented by the City's Public Works
Director
or designee. (MM WQ-3)20. The project shall include a noise attenuating enclosure for
Well 27, with a designed attenuation factor similar to other wells in the City (such as
Well 25). Openings in the enclosure (i.e. for piping, drainage, etc.) shall be
directed away from the residential uses
to the east. (PDF NS-1)21. During construction, the ,Well 27 drill site shall be
enclosed on all sides with an acoustical barrier that provides a minimum sound
transmission class rating of 30. The height of the enclosure shall be a minimum of 20 feet.
There shall be no openingsor gaps (including those for ingress/egress) toward the east
or south of the enclosure. The enclosure may contain a tlap or other type of
opening for personnel and vehicular access.However, this opening shall remain closed
when not in use. All noise-producing equipment for well drilling activity shall be located
inside the barrier and shall not be closer than six feet to the barrier walls. This
measure shall be added to the construction contract and enforced by
the
22. In the event that construction noise is disruptive for local residents, the contractor shall
take immediate measures to resolve the problem. These measures shall be subject to
review and approval by the City's Construction Manager or their designee in
coordination with the Community Development Director or designee and may include,
but are not limited to:
Raising the height and/or thickness of the temporary construction noise shroud;
Relocating noise sources if feasible; and/or
Providing alternative overnight accommodations for disrupted receptors. (MM NS-
2)23. All internal combustion equipment used for construction and drilling shall be
properly tuned-up to minimize noise emissions, and shall be used with mufflers and
noise shrouds no less effective than those originally installed on the equipment. No
equipment shall have unmuffled exhaust. This measure shall be added to the construction
contract and enforced by the City's Construction Manager. (
MM NS-3)24. Prior to the begimiing of construction, the City shall place a sign on the
site within public view that identifies the name and telephone number of a contact person
who is available 24-hours per day to address construction noise concerns from
the project. This measure shall be added to the construction contract and enforced by
the City's
Construction Manager. (MM NS-4)25. The City shall notify (in writing) all property owners and
tenants within a 300-foot radius of the project site at least seven days prior to
the commencement of well drilling. The notice shall contain a description of the
project, the anticipated duration of nighttime construction, and the telephone number of a contact
person who will be available 24-hours per day to address community concerns related
to noise. This measure shall be added to the construction contract and enforced
by the
City's Construction Manager.MM NS-5)
ADOPTED this
9`~' day of February, 2010.
ATTI~
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 9`" day of February, 2010, by the
following vote:
AYES:COUNCILMEMBERS:Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary E ,City Clerk, i ange