RES-10359 Approval of Development Plan Proposed for Children's Hospital of Orange County Master Plan ProjectRESOLUTION NO. 10359
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING MAJOR SITE
PLAN REVIEW NO. 0504-07, CONDITIONAL USE
PERMIT NO. 2726-08, DESIGN REVIEW
COMMITTEE NO. 4209-07 AND TENTATIVE
PARCEL MAP NO. 0024-08 (TPM 2008-162)
IMPLEMENTING THE DEVELOPMENT PLAN
PROPOSED FOR THE CHILDREN'S HOSPITAL OF
ORANGE COUNTY MASTER PLAN PROJECT ON
PROPERTY LOCATED AT 455, 501, 541 & 557
SOUTH MAIN STREET AND 1201 LA VETA
AVENUE.
APPLICANT: CHILDREN'S HOSPITAL OF ORA.NGE COUNTY
WHEREAS, Zone Change No. 1252-08, Major Site Plan Review No. 0504-07,
Conditional Use Permit No. 2726-08, Design Review Committee No. 4209-07 and Tentative
Parcel Map No. 0024-08 (TPM 2008-162), all of which are collectively referred to herein as
the Project were filed by the applicant in accordance with the provisions of the City of
Orange Municipal Code (OMC) requesting approval for the Children's Hospital of Orange
Counry (CHOC) Master Plan project; and
WHEREAS, the City Council has authority per OMC Section 17.08.020 and Section
16.12.010, to review applications for zone changes, land divisions and environmental
documentation as described in the City's environmental review guidelines; and
WHEREAS, the Planning Commission acts as an advisory body to the City Council
on all such applications for the subject project per Footnote (b) of Table 17.08.020 -
Reviewing Bodies of the OMC, which states that when more than one type of application is
filed for a single project, the application requiring the highest level of approval shall dictate
the review process for the entire group of applications; and
WHEREAS, the applications for the Project were processed in the time and manner
prescribed by State and local law; and
WHEREAS, pursuant to the authority and criteria contained in the California
Environmental Quality Act (CEQA), the Community Development Director analyzed the
Project and determined that the Project would have potentially significant adverse effects on
the environment; and
WHEREAS, on April 4, 2007, July 11, 2007, June 25, 2008, September 17, 2008,
November 19, 2008, and December 10, 2008, the Staff Review Committee reviewed the
Project and the potentially significant adverse effects on the environment, and recommended
that the project proceed subject to conditions; and
WHEREAS, Environmental Review No. 1805-08 (Draft Environmental Impact
Report (DEIR), State Clearinghouse No. (SCH#) 200808 1 1 1 8) was prepared for the Project
and circulated for public review for a period of at least 45 days, from December 19, 2008
through February 2, 2009; and
WHEREAS, on January 7, 2009 and February 4, 2009 the Design Review
Committee reviewed the Project, including excerpted portions of the the DEIR for the
Project, and recommended approval of the Project subject to conditions; and
WHEREAS, Final Environmental Impact Report (EIR) (SCH#2008081118) for the
Project was completed and has been recommended to the City Council as adequate for
consideration of the Project through the Planning Commission's adoption of Resolution PC
No. 06-09 on March 2, 2009, recommending certification of Final EIR (SCH# 2008081118)
and adoption of the Findings of Fact, a Statement of Overriding Consideration and Mitigation
Monitoring Reporting Program for the Project; and
WHEREAS, on March 2, 2009, the Planning Commission conducted a duly
advertised public hearing, at which time interested persons had an opportunity to testify
either in support of or opposition to the Project; and
WHEREAS, the Planning Commission adopted Resolution No. PC 08-09,
recommending that the City Council approve the Project, subject to conditions; and
WHEREAS, the City Council held a duly advertised public hearing on March 24,
2009 for the purpose of considering the Project; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, the City Council considered all factors
relating to the Project, including potential environmental impacts addressed in the Final EIR
SCH# 2008081118) for the Project upon property generally described as follows:
AS PROVIDED IN ATTACHMENT A)
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves
Major Site Plan Review No. 0504-07, Conditional Use Permit No. 2726-08, Design Review
Committee No. 4209-07 and Tentative Parcel Map No. 0024-08 (TPM 2008-162) for the
CHOC Master Plan project, based on the following findings:
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SECTION 1 —FINDINGS
General Plan Findin
1. The project must be consistent with the goals and policies stated within the City's
General Plan.
The project is consistent with the goals and policies stated within the City's
General Plan in that the project expands and improves the pediatric specialties and
hospital services offered to the City's residents and the community at large,
generates other related industry for health care services and employment which
supports the City's objective of providing revenue generating business within the
City.
A. Tentative Parcel Map
1. That the proposed map is consistent with applicable General and Specific Plans in
that it is proposed in an area with public facilities and commercial land use
designations with ready access to major circulation routes of the City consistent
with Land Use Element Goal 1.0 — Balanced Development, and Goal 12.0. —
Maintaining Circulation Level of Service.
2. That the design or improvement of the proposed subdivision is consistent with
applicable General and Specific Plans in that the lots created are consistent with
the Public Facilities and Commercia12.5 — 3.0 Floor Area Ratio (FAR).
3. That the site is physically suitable for the type of development in that the
properties are relatively flat and with portions that have already been developed,
including driveway access.
4. That the site is physically suitable for the proposed density of development in that
the property has already been developed with buildings that support a hospital,
medical offices and associated parking structures, which will be expanded and the
proposed subdivision will match the modified building lines.
5. That the design of the subdivision of the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat in that the subdivision is proposed within an entirely
urbanized area.
6. That the design of the subdivision or type of improvements is not likely to cause
serious public health problems in that the proposed subdivision is for financing
purposes only.
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7. That the design of the subdivision or the type of the improvements will not
conflict with easements, acquired by the public at large, for access through or use
of property within the proposed subdivision, in that the subdivision is proposed
for privately owned property where all dedications and their associated
improvements were made.
B. Maior Site Plan Review
1. That the project design is compatible with surrounding development and
neighborhoods.
The surrounding development consists of health care facilities of similar scale.
2. That the project conforms to City development standards and any applicable
special design guidelines or specific plan requirements.
The requirements of the City's PI and C2 Zoning District have been met or must
be satisfied prior to recordation of any Final Map.
3. That the project provides for safe and adequate vehicular and pedestrian
circulation, both on- and off-site.
The ingress/egress to the hospital entrance and to the primary parking structure
serving the hospital towers will be reconfigured to achieve directed traffic flow
and pedestrian access.
4. That City services are available and adequate to serve the project.
Improvements to water, sewer and certain streets will be made to retain service
levels in the area as part of the project.
5. That the project has been designed to fully mitigate or substantially minimize
adverse environmental effects.
An environmental impact report was prepared, reviewed and included certain
mitigation measures.
C. 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 expansion of the CHOC facilities within their existing campus is the
appropriate use of the land in this area of the City due to the existing
concentration of health care facilities in this area of the City. The concentration
of such medical facilities allows for greater economy of scale and coordinates
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with supporting office land uses in the vicinity due to the need for associated
medical office space. Increasing the number of patient beds and providing the
necessary pediatric facilities in house provides a valuable service to the
community at large.
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 expansion of the CHOC facilities was subject to an Environmental Impact
Report (EIR) where all potential adverse impacts for both construction and on-
going operations were evaluated. Significant adverse impacts related to
aesthetics, hazards and hazardous materials, and utilities and utility systems were
identified as a result of the analysis within the EIR. However, mitigation
measures were identified and will be implemented with the project to reduce
impacts to a less than significant level. Impacts associated with air quality, noise
and traffic and transportation were also found significant, and even with the
implementation of mitigation, remain significant and unavoidable. These impacts
are mainly short term associated with construction of the Project; therefore, the
ongoing operations of the hospital should not result in any long term impacts to
bordering land uses or create problems.
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.
The expansion of the CHOC facilities is consistent with the City's most recent
special study areas that were part of the current comprehensive General Plan
update. This area of the City is comprised of a mix of uses that are primarily
health care facility related with support commercial and office uses.
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 will be subject to standard conditions and mitigation measures that
were determined as part of the environmental review process for the expansion of
the CHOC campus facilities.
D 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.
Generally, the project satisfies the established criteria for a Design Review
application. The project architecture for the new hospital tower addition has
integrated the use of materials, forms and finishes to establish a design theme for
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the campus. Additionally, with a determination from the DRC regarding the
appropriate number and type of trees that should be incorporated into the
upgraded landscaping, the landscaping would complement the overall project
design. The signage is compatible with the building design and colors. All other
secondary functions and related site improvements are architecturally compatible
with the new structure. Although the project is located within the City's
Redevelopment Project Area boundaries, there is not a specific design theme
associated with this portion of the Project Area that would apply to this project.
SECTION 2—ENVIRONMENTAL REVIEW
The environmental impacts of the project and its project alternatives were evaluated
through Environmental Review No. 1805-08 (Draft Environmental Impact Report (DEIR)
State Clearinghouse No. 200808 1 1 1 8), which was prepared in accordance with the
provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines
Section 15070 et seq and in conformance with the City of Orange Local CEQA Guidelines
Exhibit D). The 45-day public review period was initiated on December 19, 2008, and
ended on February 2, 2009. Copies of the document were available for public review at each
of the three libraries within the City limits, at City Hall, and were posted to the Department's
web page on the City's web site. Additionally, the Planning Commission and City Council
members received a copy of the DEIR and its technical appendices at the onset of this same
45-day public review period.
Staff received five written comment letter(s) during the public review period, and
responses to those comments were prepared and forwarded to the respective authors of such
comments in accordance with the requirements of CEQA, in advance of the City's
consideration of any certification. A Final EIR has been prepared in accordance with State
CEQA Guidelines Section 15132. Copies of all comments and the City's response to those
comments were included for the City Council's consideration priar to taking an action on the
Project.
SECTION 3 — CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions, contained in
Attachment B and incorporated herein by this reference, are required as part of this project.
ADOPTED this 24`'' day of March, 2009
C olyn . C vecc , Mayor, City of Orange
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T EST:
1VIary E urp y, City Clerk f Orange
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 24th day of March, 2009, by the
following vote:
AYES: COLTNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN (RECUSED): COUNCILMEMBERS: Bilodeau
Mary u y, City Clerk, ' of Orange
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RESOLUTION NO. PC. 10359
ATTACHMENT A-LEGAL DESCRIPTION
PARCEL A:
PARCEL 1, AS SHOWN ON EXHIBIT"B" ATTACHED TO LOT LINE ADNSTMENT LL
2005-01 IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA,
RECORDED JUNE 30, 2005 AS INSTRUMENT NO. 2005000508570 OF OFFICIAL
RECORDS OF SAID COUNTY.
PARCEL A:
PARCEL 2, AS SHOWN ON EXHIBIT"B" ATTACHED TO LOT LINE ADNSTMENT LL
2005-01 IN THE CITY OF ORANGE, COLJNTY OF ORANGE, STATE OF CALIFORNIA,
RECORDED JUNE 30, 2005 AS INSTRUMENT NO. 2005000508570 OF OFFICIAL
RECORDS OF SAID COUNTY.
PARCEL A:
PARCEL 3, AS SHOWN ON EXHIBIT"B" ATTACHED TO LOT LINE ADNSTMENT LL
2005-01 1N THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFOItNIA,
RECORDED JUNE 30, 2005 AS INSTRUMENT NO. 2005000508570 OF OFFICIAL
RECORDS OF SAID COUNTY.
PARCEL B:
PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 63, PAGE 29 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS PARCEL A - STREET
DEDICATION IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR
COURT CASE NO. O 1 CCO2440, A CERTIFIED COPY OF WHICH WAS RECORDED
MARCH 25, 2002 AS INSTRUMENT NO. 20020243341 OF OFFICIAL RECORDS OF
ORANGE COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM ALL MINERALS, OILS, GASES, AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR
UNDER SAID LAND WITHOUT, HOWEVER, THE RIGHT TO DRILL, DIG OR MINE
THROUGH THE SURFACE THEREOF, AS RESERVED IN THOSE DIRECTOR'S DEEDS
FROM THE STATE OF CALIFORNIA RECORDED MARCH 9, 1965 IN BOOK 7439, PAGE
329 AND APRIL 2, 1965 IN BOOK 7469, PAGE 389, BOTH OF OFFICIAL RECORDS OF
ORANGE COUNTY, CALIFORNIA.
PARCEL C:
AN APPURTENANT NON-EXCLUSIVE EASEMENT FOR VEHICULAR INGRESS AND
EGRESS PURPOSES, AS SAID EASEMENT IS SET FORTH IN THAT CERTAIN
DRIVEWAY EASEMENT AGREEMENT RECORDED JANUARY 13, 1994 AS
INSTRUMENT NO. 94-0030704 OF OFFICIAL RECORDS OF ORANGE COUNTY,
CALIFORNIA.
PARCEL D:
PARCEL 2, AS SHOWN ON MAP FILED 1N BOOK 77, PAGES 29 AND 30 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA.
PARCEL E:
PARCEL 1, AS SHOWN ON EXHIBIT "B" ATTA(:HED TO LOT LINE ADJUSTMENT LL
88-16 RECORDED APRIL 20, 1989 AS INSTRLTMENT NO. 89-206142 OF OFFICIAL,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL F:
PARCEL 2, AS SHOWN ON EXHIBIT"B" ATTACHED TO LOT LINE ADNSTMENT LL
88-16 RECORDED APRIL 20, 1989 AS INSTRLTMENT NO. 89-206142 OF OFFICIAL
RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE LAND DESCRIBED IN THAT CERTAIN FINAL ORDER
OF CONDEMNATION, SUPERIOR COURT CASE NO. O1CC03506, A CERTIFIED COPY
OF WHICH WAS RECORDED MARCH 7, 2002 AS INSTRUMENT NO. 20020193961 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY.
PARCEL G:
LOTS 9 THROUGH 18 INCLUSIVE OF TRACT NO. 1945, AS SHOWN ON A MAP
RECORDED IN BOOK 54, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION AS DESCRIBED IN THE DEED TO THE
CITY OF ORANGE, RECORDED FEBRUARY 27, 1974 IN BOOK 11083, PAGE 1563 OF
OFFICIAL RECORDS SAID COUNTY.
ALSO EXCEPTING THEREFROM, THE LAND DESCRIBED IN THAT CERTAIN FINAL
ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. OlCC03504, A CERTIFIEI
COPY OF WHICH WAS RECORDED FEBRUARY 1, 2002 AS INSTRUMENT NO. 02-
89882 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
PARCEL H:
PARCEL 3 IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A MAP FILED IN BOOK 77, PAGES 29 THROUGH 30 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THE LAND DESCRIBED IN THAT CERTAIN FINAL ORDER
OF CONDEMNATION, SUPERIOR COURT CASE NO. OlCC03503, A CERTIFIED COPY
OF WHICH WAS RECORDED MARCH 13, 2002 AS 1NSTRUMENT NO. 02-211415
OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
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RESOLUTION NO. PC. 10359
ATTACHMENT B—CONDITIONS OF APPROVAL
A. The following conditions shall be ongoing until satisfied:
1. Approval of Tentative Map No. 0024-08 (TPM 2008-162),Major Site Plan Review No. 0504-
07, Conditional Use Permit No. 2726-08, and Design Review Corrunittee No. 4209-07 (the
project")is for the subdivision and development of the properties for the Children's Hospital
of Orange County(CHOC)Master Plan as shown on E ibits A through C (dated March 24,
2009) and as included with the Agenda Item Report for this development application. All
subsequent filings shall be in substantial complia.uce with the referenced exhibits as
maintained on file with the Community Development Department and for which this approval
results in the following:
a. Demolition of the 91,000 square foot building located at 1201 La Veta Avenue and its
associated two-level parking structure,located just west of this building.
b. Construction of a 425,524 square foot hospital tower(South Tower)immediately adjacent
to the existing hospital tower(North Tower),resulting in a seamless exterior and interior.
c. Interior remodel of 54,250 square feet of the existing North Tower.
d. Landscape and hardscape improvements throughout the project site,with an emphasis of a
new landscaped environment beginning at the northwest corner of Pepper Street and La
Veta,where it is continued westerly along La Veta as part of the new hospital entrance.
e. Interior remodel of 85,600 square feet to accommoda.te medical offices of the existing
214,000 square foot professional office building located at 505 South Main Street(CHOC
Commerce).
f. Construction of a new 175,000 square foot medical office building (MOB) with an 875-
space parking structure at the northeast corner of the intersection of Main Street at the SR-
22 freeway.
2. Approval is for the multi-phased improvements of the CHOC Master Plan that will be carried
out over three milestones noted as 2012,2015 and 2020,with associated patient bed counts for
interior build-out of CHOC Hospital consisting of existing and proposed patient beds not to
exceed 326,352 and 404,respectively,at those milestones. Based upon Exhibits A through C
dated March 24, 2009), completion of all the project improvements will result in the CHOC
campus consisting of the following buildings and facilities:
a. CHOC Hospital (North and South Towers) — 404 patient bed acute care facility within
640,524 square feet.
b. CHOC West & CHOC Research — 188,000 square foot supporting facilities of the
hospital. '
c. CHOC Commerce — 128,400 square feet of professional office, 85,600 square feet of
medical office.
d. A medical office building(MOB) of 175,000 square feet and associated parking structure
on the parcels identified as 8 & 9 (TPM 2008-162), south of the CHOC Commerce
building.
e. Parking faciliries in three structures and a surface lot providing 3,816 overall parlang
spaces to serve all uses within the campus.
Page 1 of 11
3. Approval of the project at this time does not include the additional discretionary
approvals that may be required for the ultimate design of the 175,000 square foot medical
office building and associated 875-space parking structure as provided for on Exhibit A,
dated March 24, 2009 and noted as "potential medical office building and parking
structure."
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 this permit.
5. Applicant shall defend, indemnify, and hold harmless the City of Orange, its officers,
agents, and employees from any claim, action, or proceeding against the City, its officers,
agents, or employees to attack, set aside, void, or annual an approval of the Planning
Commission or City Council concerning this subdivision, which action is brought within
the time period provided for in Government Code Section 66499.37. The City shall
promptly notify the applicant of any such claim, action, or proceeding and shall cooperate
fully in the defense. This condition is imposed pursuant to Government Code Section
66474.9(b).
6. Applicant shall comply with all mitigation measures and project design features as
described in the City's Environmental Review No. 1805-08, also titled Environmental
Impact Report (EIR) for the CHOC Master Plan, State Clearinghouse No. 2008081118,
whether or not such requirements are identified herein.
7. Applicant shall comply with the provisions contained within Development Agreement
No. 5390 applicable to this project, whether or not such requirements are identified
herein.
8. Applicant shall comply with the provisions contained in the adopted Mitigation
Monitoring Reporting Program, whether or not such requirements are identified herein.
9. The applicantldeveloper shall submit a Water Plan for review and approval by the Water
Division. The Water Plan shall include improvement plans for the installation of twelve-
inch ductile iron water mains on both the north and south side of La Veta Avenue from
Pepper Street to Main Street a total length of approximately fourteen hundred-forty feet
and on Pepper Street from La Veta Avenue northerly a length of approximately four
hundred-seventy feet to a location adjacent the CHOC north tower to replace the existing
six, eight and ten inch cast iron water mains along La Veta Avenue and Pepper Street.
The Water Plan (improvement plans) shall address all proposed water improvements
including fire services, fire hydrants, domestic water services, landscape water services
and any other proposed improvements that may impact the City's water system and show
that the proposed water laterals shall be installed from the new mains and the existing
lateral connections shall be re-established from the new mains. The Water Plan shall
define that existing water main in Pepper Street shall be retained and no connection of
existing laterals to the new main on Pepper Street shall be required. The Water Plan shall
Page 2 of 11
contain a construction phasing element demonstrating the timing of all public water
construction. The submittal of the Water Plan shall occur prior to December 31, 2009.
a. Prior to approval of the Water Plan, the applicanddeveloper shall satisfy all water
main connection, plan check, and inspection charges as determined by the Water
Division.
b. Prior to approval of the Water Plan, the applicant/developer shall satisfy all water
construction bond requirements for the installation of the public water system
improvements as determined by the Water Division.
10. Tentative Map No. 0024-08 (TPM 2008-162) shall expire unless recorded within 24
months after tentative map approval (final City Council Resolution date) and prior to the
sale or lease of any parcel, unless the tentative map is extended pursuant to Government
Code Section 66452.6 or pursuant to Development Agreement No. 5390 as applicable to
this map.
11. The project approval includes certain fees, dedications, reservations, and/or other
exactions. Pursuant to Government Code Section 66020, these conditions or
requirements constitute written notice of the fees and/or descriptions of the dedication,
reservation, or other exaction. The applicant is hereby notified that the ninety (90) day
protest period commencing from the date of approval of the project has begun. If the
applicant fails to file a protest regarding these conditions or requirements, the applicant is
legally barred from later challenging such exactions per Government Code Section
66020.
12. 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.
13. These conditions shall be reprinted on the cover sheet or first page of all construction
plans required to carry out the project, including landscaping and grading plans.
14. The Applicant shall restrict truck and ambulance idling at the loading docks and
emergency room bays. This shall be accomplished through signage and training of
employees. (Mitigation Measure 4.2-4)
15. The Applicant shall provide on-site services to minimize vehicle trips, including, but not
limited to, the following: meal or cafeteria service, automated teller machines, and areas
for passive recreation. (Mitigation Measure 4.2-5)
16. Prior to December 31, 2009,the applicant or developer shall submit to the City of Orange
Water Division, a water improvement plan for all proposed water improvements
including fire hydrants, fire services, domestic water service, landscape irrigation, and
any other proposed improvements that may impact the City's water system and water
service to the project site. The water improvement plan shall contain a constructiom
Page 3 of 11
schedule demonstrating that all public water construction would be completed prior to the
issuance of a certificate of occupancy by the Office of Statewide Health Planning and
Development (OSHPD) for Phase 1 construction. Approval of the water improvement
plan by the City is contingent on the applicant or developer demonstrating the adequacy
of the water system to meet the proposed project's water demands and fire flow
requirements without reducing existing service levels or impacting any existing water
supply and conveyance facilities. If the preparation and/or review of the water
improvement plans conclude that additional off-site improvements will be required, such
improvements shall be completed prior to issuance of the certificate of occupancy by
OSHPD for Phase 1 construction. (Mitigation Measure 4.12-1)
B. The following conditions shall be ongoing during construction:
17. The applicant shall apply measures to reduce the amount of construction-generated waste
by preparing a construction waste reduction plan prior to demolition/construction. The
applicant shall coordinate with the City of Orange recycling coordinator in the
preparation of the recycling plan and the Community Development Director shall
approve the plan.
18. Approved vehicle access for firefighting shall be provided to all construction or
demolition sites. Vehicle access shall be provided by permanent fire apparatus access
roads except where approved by the fire official.
19. Fire apparatus access roads shall not be obstructed in any manner, including the parking
of vehicles. The minimum widths and clearances established in Section 503.2.1 shall be
maintained at all times. Speed bumps, speed humps and all other traffic calming
measures shall be reviewed and approved by the fire code official prior to installation.
20. An approved water supply for fire protection, either temporary or permanent, shall be
made available prior to combustible material arrival on the site. (CFC Section 1412.1 as
amended in OMC Title 15 Section 15.32.650)
21. The applicant shall exercise special care during the construction phase of the project to
control erosion and contain sediment so it is not transported off-site. The applicant shall
provide erosion control measures as approved by the Public Works Director. The erosion
control measures shall be shown and specified on the grading plan and shall be
constructed to the satisfaction of the Public Works Director prior to the start of any
grading operations. Prior to removal of any erosion control devices so constructed, the
area served shall be protected by additional drainage facilities. The applicant shall
maintain the temporary erosion control devices until the Public Works Director approves
removal of said facilities.
22. That the applicant/developer shall provide material submittals for all proposed public
water system facilities to the Water Division for review and approval a minimum of
fourteen-calendar days prior construction.
Page 4 of 11
23. The Applicant shall require that the grading contractor make one of the following
available to the occupants of the structures that contain sensitive receptors within tlie
impacted area: (1) a bi-monthly cleaning of their air filter on their existing HVAC unit(s)
by a certified technician; or (2) an industrial strength portable air cleaner for their use.The impacted area shall consist of the property located within the modeled area that
would exceed 10.4 µg per m3 of PM10 emissions during the excavation and grading
phase of the construction activities for the proposed project. (Mitigation Measure 4.2-1)
24. The Applicant shall require that the grading contractor water all exposed surfaces three
times per day. (Mitigation Measure 4.2-2)
25. The Applicant shall require that the grading contractor water the soil to be moved prior to
it being loaded onto the haul trucks. (Mitigation Measure 4.2-3)
26. The Applicant shall require the construction contractor to adhere to the following noise
attenuation requirements: (Mitigation Measure 4.8-1)
a. Construction activities shall be limited to the hours of 7 A.M. to 8 P.M. except
Sunday or a Federal holiday;
b. All construction equipment shall use noise reduction features (e.g. mufflers and
engine shrouds) that are no less effective than those originally installed by the
manufacturer;
c. Construction staging and heavy equipment maintenance activities shall be performed
as far away as practical from the nearby sensitive receptors, unless safety or technical
factors take precedence;
d. The applicant shall require the demolition contractor to place the crushing/processing
equipment as far away as practical from any nearby sensitive receptors; and
e. Stationary combustion equipment such as pumps or generators shall operate as far
away as practical from nearby sensitive receptors, unless safety or technical factors
take precedence shall be shielded with a noise protection barrier.
C. The following conditions shall be satisfied prior to approval of a final map by the City
Council:
27. The applicant shall cause to be prepared a final map in substantial compliance with the
tentative map and conditions of approval, to the satisfaction of the Public Works
Director.
28. The applicant shall pay any applicable fees for the processing of the final map, as
established at the time the map is filed.
29. The surveyor or engineer preparing the final map shall submit to the Public Works
Department a digital graphics file containing such information and data and in such
format as shall be acceptable to the Public Works Director.
30. The final map shall detail all easements, public or private, that will be abandoned,
dedicated to the City, created and/or maintained in-place.
Page 5 of 11
31. As applicable, the applicant shall prepare an improvement plan for any public
improvements, and submit the plans for review and approval with the Public Works
Department. All applicable plan check and permit fees shall be paid by the applicant, as
established at the time the plan is submitted.
32. As applicable, for any public improvement that will not be completed by the approval of
the final map; the applicant shall enter into an agreement with the City to ensure
completion of the public improvements at the applicant's expense. This agreement can
also include offsite improvements under the control of other agencies, as may be
necessary. The performance of the agreement shall be guaranteed by a security as
specified in the City's local ordinance and the Subdivision Map Act. All agreements
shall be approved by the City Council.
33. The following improvements shall be constructed in accordance with plans and
specifications meeting the approval of the Director of Public Works. At the discretion of
the Public Works Director, security may be provided to the City in lieu of constructing
facilities:
a. All required streets and street improvements, appurtenances, sidewalks, street names,
street signs, streetlights, roadway striping, red curbing and stenciling on roadways
within the map and outside the map boundaries, if required. All street lighting shall
be designed to maximize downward throw, and minimize upwaxd losses into the
atmosphere.
b. All required surface drainage, storm drain facilities, and water quality improvements,
including any offsite improvements, extended to a satisfactory point of disposal for
the proper control and disposal of storm runoff.
c. A water distribution system and appurtenances that shall conform to the adopted
regulations of the City of Orange Water Department.
d. Sewer system and appurtenances that shall conform to the applicable regulations.
e. Any required monumentation shall be set,based on a field survey.
f. Any applicable undergrounding of utilities.
g. Landscaping for public areas. All landscaping shall include the installation of Root
Barriers on the sidewalk side of tree, or where conditions warrant, the installation of a
Deep Root box as directed by the Community Services Department.
34. Covenants, Conditions, and Restrictions (CC & R's) shall be prepared by the applicant
and submitted for approval by the City for the entire project site and address specific
responsibilities of the condominium participants/owners.
35. The CC & R's shall be subject to a joint review by the Community Development
Director, Public Works Director, and City Attorney. The applicant shall be required to
pay for the review of the CC & R's by the City Attorney, Public Works Director and the
Community Development Director at City's hourly billing rate.
36. The CC &R's shall be recorded prior to or at the same time as the final map.
Page 6 of 11
D. The following conditions shall be satisfied prior to issuance of a grading permit:
37. The applicant shall submit a grading plan in compliance with City standards, for review and
approval by the Public Works Director. All grading and improvements on the project site
shall be made in accordance with the Manual of Grading and Standard Plans and
Specifications to the satisfaction of the Public Works Director.
38. All grading and improvements on the project site shall be in accordance with the conceptual
grading plan included with the plans/exhibits for the project.
39. The applicant shall pay all applicable fees to cover plan check and inspection services
related to grading activities.
40. The applicant shall obtain a Transportation Permit from the City, as applicable.
41. The shoring plan shall detail all of the locations where retaining walls or shoring, etc. that
will be constructed, including height and engineering for each wall, and obtain a building
permit for walls over three (3) feet in height prior to construction.
42. The applicant shall prepare a final geotechnical and soils classification report to the
satisfaction of the Building Official and Public Works Director.
43. The applicant shall prepare a final hydrauiic and hydrology report, prepared by a
qualified engineer, for review and approval by the Public Works Director.
44. The applicant shall submit a Final WQMP for review and approval of the Public Worlcs
Department that:
a. Addresses Site Design Best Management Practices (BMPs) such as minimizing
impervious areas, maximizing permeability, minimizing directly connected
impervious areas, creating reduced or "zero discharge" areas, and conserving natural
areas.
b. Incorporates the applicable Routine Source and Structural Control BMPs as defined
in the Drainage Area Management Plan(DAMP).
c. Incorporates Treatment Control BMPs as defined in the DAMP.
d. Generally describes the long-term operation and maintenance requirements for
structural and Treatment Control BMPs.
e. Identifies the entity that will be responsible for long-term operation, maintenance,
repair and or replacement of the structural and Treatment Control BMPS.
f. Describes the mechanism for funding the long-term operation and maintenance of all
structural and Treatment Control BMPs.
g. A copy of the forms to be used in conducting maintenance and inspection activities.
h. Record keeping requirements (forms to be kept for 5 years).
i. A copy of the form to be submitted annually by the project owner to the Public\1VorksDepartmentthatcertifiesthattheproject's structural and treatment BMPs are being
inspected and maintained in accordance with the project's WQMP.
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45. 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 number.
46. The applicant shall comply with all current requirements of the National Pollutant
Discharge Elimination System (NPDES) permit program. A Storm Water Pollution
Prevention Plan (SWPPP) and a NOI from the State Water Resources Control Board shall
be required.
47. The applicant shall indicate on the plans implementation of all industry protocols related
to archeological and paleontological sites or potential finds.
48. The applicant shall prepare a dust control plan for review and approval by the Public
Works Director.
49. The applicant shall prepare a final landscaping and irrigation plan consistent with the
grading plans, and the conceptual landscaping plan as proposed for the project, with
exception of the "terraces" located between the existing North Tower and new South
Tower, for the review and approval of the Director of Community Development, Public
Works Director, Community Services Director and Fire Department.
50. The applicant shall receive approval from the Director of Community Services for a
comprehensive tree removal permit in accordance with the City's Tree Preservation
ordinance.
51. The applicant shall provide a Site Plan that will provide for or allow for improvements
that comply with the applicable City of Orange Fire Department regulations.
52. The applicant shall provide a Site Plan that will provide for or allow for improvements
that comply with the City of Orange Crime Prevention regulations.
53. The applicant shall address the response that were still under review at the Design
Review Committee meeting of February 4, 2009 shown on Table A, Attachment E, and
that those studies be finalized. Based upon those studies, the applicant shall modify plans
to incorporate traffic calming, such as the elimination of the curb within the entrance
drive along with bollards, if warranted. (Design Review Committee Condition Added 2-
4-09)
54. The applicant shall explore the possibility of additional landscape treatment to the south
elevation of the five-level parking structure facing La Veta Avenue, in order to
distinguish it from the landscape treatment on Main Street as part of the preparation of
final landscape and irrigation plans. (Design Review Committee Condition Added 2-4-
09)
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E. The following conditions shall be satisfied prior to issuance of the applicable building
permits by the City of Orange or by the Office of State Health Planning&Development
OSHPD)that are required to implement the CHOC Master Plan project:
55. The final map and CC &R's shall be recorded
56. Rough grading as shown on the approved Grading Plan shall be completed to the
satisfaction of the City Engineer/Public Works Director and the graded site shall be
released by the City Engineer/Public Works Director for construction.
57. The applicant shall prepare a final landscaping and irrigation plan consistent with the
conceptual landscaping plan as proposed for the project for the "terraces" located
between the existing North Tower and new South Tower, for the review and approval of
the Director of Community Development, Public Works Director, Community Services
Director and Fire Department as applicable.
58. The applicant shall submit plans and construction documents for plan check review and
approval, in accordance with the currently adopted set of Building and Fire Codes, and
pay any applicable fees. Upon plan check approval, applicant shall pay any applicable
permit issuance fees.
59. A copy of the site plan shall be provided to the fire department in PDF format minimum
print size of 81/2 X 11 and maximum of 11X17. The site plan shall show; fire
department access, hydrants, fire department connections, standpipes, fire sprinkler shut-
off valves and fire alarm control panels.
60. The development permit shall comply with the City of Orange Fire regulations. The City
has adopted the California Fire Code, 2007 edition, including Appendices: Appendix
Chapter 1, Appendix Chapter 4, A, B, C, E, F, G, H, and as amended by City of Orange
Ordinance No. 22-07. (OMC Chapter 15.32)
61. Prior to approval of the Water Plan, plans shall show that each building will be protected
with a separate fire service unless otherwise approved by the corresponding Fire
authorities and Water Division. The Water Division shall approve the type and location
of fire service (detector check) device. Fire services are subject to the corresponding Fire
authorities review and approval. Should the Office of Statewide Health Planning and
Development fire prevention requirements deviate from the City Fire Department's fire
prevention requirements, the most restrictive requirements shall apply unless otherwise
approved by the corresponding Fire authorities.
62. Plans submitted during plan check shall show a minimum twenty-foot (20') separation
will be maintained from the public water system facilities to the proposedlexisting
buildings and structures per the City of Orange Standard Location Of Underground
Utilities.
Page 9 of 11
63. 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.
64. Plans submitted during plan check shall show that an eight-foot minimum clearance is
provided between City water mains, laterals, services, meters, fire hydrants and signs,
trees or other substantial shrubs, bushes, or plants.
65. Plans submitted during plan check shall show that permanent signs, awnings, or other
structures are not installed over public water mains, laterals, services, meters, and fire
hydrants.
66. Plans submitted during plan check shall show that each building would be metered
separately unless otherwise approved by the Water Division.
67. Plans shall indicate that the roof angle to the westerly red element matches or is similar to
the form as shown on the easterly red element as shown on the elevations for the new
hospital tower. (Design Review Committee Condition Added 2-4-09)
68. The Applicant shall subrnit a photometric analysis for review and approval by the City of
Orange Community Development Department and the City of Orange Police Department.
The photometric analysis shall provide evidence that the lighting design is consistent with
the City of Orange Municipal Code Ordinance17.12.030 and has been designed to
provide for lighting that is directed, controlled, screened, and/or shaded such that light
and glare would not result in direct illumination on the surrounding properties or
roadways. (Mitigation Measure 4.1-1)
69. Prior to issuance of demolition or remodel permit, an asbestos survey report shall be
prepared to identify asbestos-containing materials and the appropriate process for its
removal by a licensed asbestos abatement contractor under the guidance of the South
Coast Air Quality Management District (AQMD) and California Division of
Occupational Safety and Health(Cal/OSHA). (Mitigation Measure 4.5-1)
70. Prior to issuance of demolition or remodel permit, testing of paint samples shall be
conducted to identify paint that contains lead in concentrations that exceed the CaUOSHA
Lead Concentration Standard. (Mitigation Measure 4.5-2)
71. Prior to issuance of the first demolition permit, the Applicant shall submit to the City of
Orange Traffic Engineer, City of Orange Police Chief, and City of Orange Fire Chief, or
their designees, a Construction Phase Emergency Access Plan for their review and
approval. The Construction Phase Emergency Access Plan shall include the location of
all existing access points from the adjacent public streets and the on-site emergency
access areas provided within 150 feet of all construction activities. (Mitigation Measure
4.11-2)
Page 10 of 11
F. The following conditions shall be satisfied prior to issuance of the applicable
Certificates of Occupancy by the City of Orange or by the Office of State Health
Planning&Development (OSHPD):
72. Precise grading as shown on the approved Grading Plan shall be completed to the
satisfaction of the City Engineer/Public Works Director and the graded site shall be
released by the City Engineer/Public Works Director for construction prior to installation
of paving and landscaping.
73. Certification shall be filed with the City of Orange Public Works that all final grading is
in compliance with the approved grading plan and City standards, to the satisfaction of
the Public Works Director.
74. Certification shall be filed from the Landscape Architect of record that final landscaping
was completed in compliance with approved landscape and irrigation plan. City of
Orange Planning Staff shall inspect and approve the landscape prior to release.
75. The applicant/developer shall complete all of the public water construction improvements
in accordance with the Water Plan (plans and specifications) as approved by the
Department of Public Works and Water Divisifln.
76. The applicant/developer shall be responsible for the installation of necessary fire hydrants
and fire services as determined by the corresponding Fire authorities and Water Division.
77. That the applicant/developer shall furnish and install individual pressure regulators on
new services where the incoming pressure exceeds 80 psi.
78. All applicable mitigation measures as detailed in the adopted Mitigation Monitoring
Reporting Program have been completed to the satisfaction of the City of Orange.
79. All applicable provisions of Development Agreement No. 5390 shall be completed to the
satisfaction of the City of Orange.
80. All public improvements and repairs shall be completed to the satisfaction of the Director
of Public works.
81. All applicable fees and exactions shall be paid.
82. Any utilities or easements constructed to serve the project or requiring relocation shall be
completed and accepted by the affected agency and the City of Orange.
83. Prior to issuance for the "potential medical office building and parking structure," the
Applicant shall provide for the improvements required to extend the southbound left-turn
lane to a minimum of 300 feet in length. This improvement will be required to take into
account that the southbound left turn lane is currently designed as a back-to-back lane
with the northbound left-turn lane at 550 South Main Street. (Mitigation Measure 4.11-1)
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