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RES-10395 Mitigated Negative Declaration Approval to Permit Construction of Commercial Multi-Tenant Retail at Chapman Ave and I-5 FreewayRESOLUTION NO. 10395 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING MITIGATED NEGATIVE DECLARATION NO. 1804- 08,CONDITIONAL USE PERMIT NO. 2724- 08, MAJOR SITE PLAN REVIEW NO. 0557- 08 AND DESIGN REVIEW COMMITTEE NO. 4368-08 TO PERMIT THECONSTRUCTION OF A 2,510 SQUARE FOOT,STAND ALONE FAST FOOD RESTAURANT BUILDING WITH DRIVE THRU, AND A 7,000 SQUARE FOOT MULTI-TENANT COMMERCIAL RETAIL BUILDING UPON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CHAPMAN AVENUE AND THE SANTA ANA ( I-5) FREEWAY.APPLICANT: SHELDON GROUP WHEREAS, Mitigated Negative Declaration No. 1804-08, Zone Change No. 1251-08, Conditional Use Permit No. 2724-08, Major Site Plan Review No. 0557-08, and Design Review Committee No. 4368-08 were filed in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Mitigated Negative Declaration No. 1804-08, Zone Change No. 1251-08 Conditional Use Permit No. 2724-08, Major Site Plan Review No. 0557-08, and Design Review Committee No. 4368-08 were processed in the time and manner prescribed by state and local law; and WHEREAS, on August 6, 2008, January 14, 2009, March 4, 2009, and April 8,2009, the Staff Review Committee reviewed the project and recommended that the project proceed; and WHEREAS, on March 4, 2009, and May 6, 2009, the Design Review Committee reviewed the project and recommended that the project proceed; and WHEREAS, the Planning Commission held a public hearing on June 15, 2009, for the purpose of considering Mitigated Negative Declaration No. 1804-08, Zone Change No.1251-08, Conditional Use Permit No. 2724-08, Major Site Plan Review No. 0557- 08, and Design Review Committee No. 4368-08, and unanimously recommended that the City Council approve the project; and WHEREAS, the City Council conducted one duly advertised public hearing on August 25, 2009, at which time interested persons had an opportunity to testify either in support of, or opposition to, the proposal and for the purpose of considering Mitigated Negative Declaration No. 1804-08, Zone Change No. 1251-08, Conditional SEE ATTACHED LEGAL DESCRIPTION, ATTACHMENT A NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves Mitigated Negative Declaration No. 1804-08, Conditional Use Permit No. 2724- 08, Major Site Plan Review No. 0557-08, and Design Review Committee No. 4368- 08, to allow theconstruction of a 2,510 square foot stand alone fast food restaurant with drivethru and a 7,000 square foot multi-tenant commercial retail building, based on the following findings:SECTION 1-FINDINGS Tenaral Plan 1. The project must be consistent with the goals and policies stated within the City's General Plan.The project is located on property that would be zoned C-2 for General Commercial and has an existing General Plan Designation of General Commercial (GC). The granting of this Conditional Use Permit is consistent with the goals and policies of the Land Use Element of the General Plan, by preserving andmaintaining the existing character of the City's neighborhoods. Additionally, good urban design is being promoted with the project proposal's exterior building design and installation of new landscape and lighting on the site. The General Plan has land use policies indicating that the City should actively support new and existing commercial development toassure the continued viability of the City' s economic base. This property has been vacant for years. Approval of this project allows for new development in the City and is consistent with the General Plan policy to add to the City's ongoing efforts to support redevelopment efforts in Orange.Conditional Use Permit 2. A Conditional Use Permit shall be granted upon sound principles of land use and in response to services required by the community.Approval of a CUP for the drive thru component of the stand alone Jack in the Box restaurant building is based upon sound principles of land use. The subject property will be classified with a C-2 (General Commercial) zoning classification, to be consistent with the existing General Plan designation and the commercial zoning classification of the other parcels along this sector of Chapman Avenue. The availability of a drive thru is consistent with the applicable zoning and general plan and an appropriate land use in the area the project is located. It is also provides a service that is logically associated with the fast food 3. 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 drive thru component is located at the southern portion of the subject property, adjacent to the Santa Ana I-5 Freeway. The drive thru lane is not located near any residential or sensitive receptor uses, therefore, any of the noise generated from the queuing of vehicles or the speaker associated with the order confirmation box will not be a nuisance to bordering land uses. Additionally, the project drive thru lane accommodates the queuing of 13 vehicles, and all vehicles would be contained on the project site preventing traffic from spilling over onto bordering land uses in the area.4. 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 presence of a drive thru lane would provide residents in the nearby apartments,temporary residents of the nearby motels, and individuals traveling on the Santa Ana I-5 Freeway and along Chapman Avenue with an appropriate option for purchasing food from the fast food restaurant. The nearby Burger King and McDonald's restaurants on Chapman Avenue also offer drive thru lanes, as do most of the fast food establishments in the City. Approval of the drive thru has been considered in relationship to its effect on the neighborhood in which it is located. The drive thru component would be consistent with the commercial use of this property located along the Chapman Avenue corridor. Additionally, the drive thru and fast food restaurant are located at the southern portion of the property, close to the Santa Ana Freeway which borders the site's southern and western boundaries, such that any noise or other impacts associated with a drive thru would not create a nuisance to the community or neighborhood in which the property is located.5. 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 has been conditioned to preserve the general welfare such as Condition 18, to provide sufficient lighting on site to ensure visibility and security for its patrons and users. A condition has also been included that requires the installation of defensible landscape in the area around the detention basin, so as to deter vagrants from loitering around the drive thru and restaurant area (Condition 15). The location and orientation of the project drive thru lane was reviewed for safety and approved by thePolice Department's Crime Prevention Bureau during the Staff Review Committee meetings. The drive thru lane is sufficiently conditioned so it does not deteriorate or negatively impact the quality of life of the individuals in the surrounding Mayor Site Plan Review 6. The project is compatible with surrounding development and neighborhoods. The site is currently vacant. The project proposes to locate various commercial tenants on this property. The project is compatible with the surrounding development and neighborhood, in that several C-2 zoned commercial establishments are located on properties east and west of the site. In fact, a majority of the parcels along the north and south side of the Chapman corridor are commercial (C-2) by nature. Additionally, the exterior design of the new commercial buildings has been designed with a similar appearance to the Allure and Renaissance apartment buildings that are located on the parcels directly north of the subject site and Chapman Avenue.7. The project conforms to City development standards and any applicable special design guidelines or specific plan requirements.The City's Staff Review Committee and Design Review Committee have reviewed the project to ensure that it conforms to the commercial and parking development standards adopted by the City. The project has been conditioned to be built in conformance with the plans submitted, reviewed and conditioned by the Committees.8. The project provides for safe and adequate vehicular and pedestrian circulation,both on- and off-site.The circulation on and off the site was reviewed and conditionedby the City's Fire Department and Traffic Division during the Staff Review Committee meetings. The City Traffic Engineer also reviewed the traffic impact analysis study submitted by the applicant, and approved the findings and design of the proposed project improvements (driveway and parking stall orientation and circulation). Thus this project has been designed to provide for safe and adequate vehicular and pedestrian traffic circulation, both on and off site.9. City services are available and adequate to serve the project.The various City departments reviewed and conditioned the project during the Staff Review Committee meetings and have confirmed that all City services are available to serve the project.10. The project has been designed to fully mitigate or substantially minimize adverse environmental effects.The project has been designed such that on and off-site circulation, lighting orientation, noise, and building design and massing is such that the surrounding neighborhoods are not negatively impacted. In addition Mitigated Negative Declaration (MND) No. 1804-08 has been prepared to that the project would have on the environment. Implementation of the Mitigation Measures contained within the MND will assist in assuring that the environment is not adversely impacted. Design Review 11. 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. The exterior design of the buildings is consistent with the surrounding community and is similar to the style of apartments on the north side of Chapman Avenue. The Design Review Committee reviewed the project and determined that the proposed design upholds community aesthetics through the use of an internally consistent, integrated design theme and is consistent with applicable design standards and their required findings. SECTION 2 -ENVIRONMENTAL REVIEW Mitigated Negative Declaration No. 1804-08 (the MND) was prepared to evaluate the environmental impacts of the project, in compliance with the provisions of the California Environmental Quality Act (CEQA) and associated Guidelines. The City Council finds that MND No. 1804-08 contains an adequate assessment of the potential environmental impacts of the proposed project. Based on substantial evidence contained in the record, the City Council finds that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent that reduces impacts to less than significant, with mitigation. The City Council also finds that the project will have no effect on fish and wildlife. Therefore, the City Council approves and adopts Mitigated Negative Declaration No. 1804-08, with the implementation of conditions, mitigation measures and the Mitigation Monitoring Program.The Draft MND was circulated fora 20-day public review period, from April 23, 2009 through May 12, 2009. Copies of the MND were available for public review at the Main, El Modena, and Taft Branch libraries, at Orange City Hall, and on the City of Orange website.The Notice of Intent to adopt the MND was filed with the Orange County Clerk on Apri122,2009, published in the Orange City News on April 23, 2009, posted at the site in four locations, and was mailed to approximately 770 property owners and tenants located within 300 feet of the project site. The City received no written comment letters during the CEQA public review period.SECTION 3 -CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed 1. The successful and final acquisition of the two remnant properties from the Orange Redevelopment Agency shall be required prior to the issuance of any grading or building permits. 2. Within two days of final approval of this project, the Applicant shall deliver to the City Planning Department a cashier's check payable to the "County Clerk" in an amount required to fulfill the fee requirement of the CA Department of Fish and Game Code Section 711.4 for a Mitigated Negative Declaration and the County Clerk Processing Fee, to enable the City to file the Notice of Determination. 3. Prior to the issuance of any building permits the applicant shall process and record Lot Line Adjustment with the Public Works Department, to consolidate all the parcels. 4. All driveway aprons shall comply with the City of Orange Standard Plans and Specifications for Commercial Driveway Aprons. Sidewalk driveway aprons shall conform to current ADA requirements. 5. The new west bound left turn pocket on Chapman Avenue (westbound) shall conform to the plans approved by the City's Traffic Engineer. 6. Prior to the issuance of a building permit, the applicant shall dedicate a four foot sidewalk easement, at the project driveway entrance, to the City of Orange, in order to accommodate ADA access. This dedicated easement shall be recorded, and acceptable proof of such shall be provided to the Planning and Public Works Departments, prior to the issuance of any building permit. 7. Prior to the issuance of any grading permits, the approval of a grading plan from Public Works shall be required. The grading plan shall include phased Erosion and Sediment Control Plans, and any Site Demolition Plans if required. 8. The contractor shall obtain a grading permit from the Public Works Department, prior to the start of any site demolition, clearing, grubbing, and grading. 9. The applicant shall obtain an Encroachment permit for all work within the public right-of--way and public utility easements. Sidewalk, driveway construction, and utility connections are included in this work.10, All construction shall conform in substance and be maintained in general conformance with plans and exhibits date stamped June 15, 2009 including modifications required by conditions of approval, and as recommended by the Planning Commission.11. Prior to the issuance of any building permits for signage, the applicant shall obtain DRC approval of a sign program for the Mitigation Measures (Conditions 12- 23~12. Prior to the issuance of any building permits, the building plans shall include the following notes: " To reduce volatile organic compound (VOC) emissions, the use of Low -VOC coatings with VOC contents less than those required by SCAQMD Rule 1113 shall be implemented. (MM AQ-1)13. Prior to the issuance of any grading permits, the property owner shall submit a letter to the Community Development Department identifying that a certified archeologist has been hired to ensure that the following actions are implemented:a. The archeologist must be present at the pre- grading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archeological observer shall determine appropriate actions in cooperation withthe property owner/developer for exploration or salvage.b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution.c. Any archaeological work onsite shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present,grading shall be diverted around the area until the monitor can survey the area.d. A final report detailing the findings and disposition of the specimens shall be submitted to the Community Development Director. Upon completion of the grading, the archaeologist shall notify the City when the final report will be submitted.Should any cultural resources pursuantto Section 15064.5 of the California Public Resources Code be encountered during excavations associated with this project, all work shall halt until a qualified archaeologist can assess the find and make recommendations for further actions. (MM CR-1)14. Prior to the issuance of any grading permits, the property owner/developer shall submit a letter to the Community Development Department identifying that a certified paleontologist has been hired to ensure that the following actions are implemented:a. The paleontologist must be present at the pre-grading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, if potentially significant specimens are uncovered. If specimens are uncovered and determined to be significant, the paleontological observer shall determine appropriate actions in cooperation with the property owner/developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any paleontologist work onsite shall be conducted under the direction of the certified archaeologist. If any specimens are discovered during grading operations when the paleontological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted to the Community Development Department. Upon completion of the grading, the paleontologist shall notify the City when the final report will be submitted. (MM CR- 2)15. Should any human remains be encountered during excavations associated with this project, all work shall halt and the County Coroner shall be notified ( Public Resources Code Section 5097.98). The Coroner will determine whether the remains are of forensic interest. If the Coroner, with the aid of aCity- approved archaeologist,determines that the remains are prehistoric, he/she will contact the Native American Heritage Commission (NAHC). The NAHC will be responsible for designating the most likely descendant (MLD) who will be responsible for ultimate disposition of the remains, as required by Section 7050.5 of the California Health and Safety Code.The MLD will make his/her recommendations within 24 hours of their notification by the NAHC. This recommendation may include scientific removal and nondestructive analysis of human remains and items associated with Native American burials Health and Safety Code Section 7050.5). ( MM CR-3)16. Prior to the issuance of any grading permits, the property owner/developer shall submit to the City Engineer for review and approval, a soils and geotechnical report for the area to be graded, based on proposed grading and prepared by an engineering geologist and geotechnical engineer. All grading shall be in conformance with Title 16 of the Orange Municipal Code. (MM G-1)17. Prior to the issuance of any buildingpermits, the property owner/developer shall submit for review and approval, detailed foundation design information for the subject building(s), prepared by a civil engineer, based on recommendations by a geotechnical 18. Prior to the issuance of each building permit, the property owner/developer shall submit a report prepared by a geotechnical engineer for review and approval which shall investigate the subject foundation excavation to determine if soft layers are present immediately beneath the footing site and to ensure that compressibility does not underlie the footing. (MM G- 3)19. During grading activities, the propertyowner/developer shall implement standard practices for all applicable codes and ordinances to prevent erosion. (MM G-4)20. If determined necessary by the City Engineer and Chief Building Official, prior to the issuance of any grading permit, theproperty owner/developer shall submit additional boring samples from other areas of the property. ( MM G-5)21. Prior to issuance of building permits, the property owner/developer shall submitto the City's Traffic Engineer a final site plan, restricting turning movements to right in and right out and left in for the project driveway. (MM T-1)22. Prior to the issuance of building permits, the property owner/developer shall submit to the City's Traffic Engineer a final landscape plan specifying that the landscaping for the project's west boundary complies with the city's line of sight requirements.MM T-2)23. Prior to the issuance ofany grading permits, the City' s Traffic Engineer shall review the sight distance at the project access in conjunction with the preparation of final grading, landscaping, and street improvement plans. (MM T-3)24. Prior to the issuance of any grading permits the applicant shall obtain approval of a Final Project WQMP for review and approval to the Public Works Department.25. Prior to the issuance of Certificates of Occupancy (for use), the applicant shall demonstrate the following to the Public Works Department:a. All structural BMPs described in the Project WQMP have been constructed and installed in conformance with the approved plans and specifications.b. The applicant is prepared to implement all non- structural BMPs described in the project WQMP c. An adequate number of copies of the project's approved final Project WQMP are available for the future occupiers.26. Prior to the issuance of a grading permit (including 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 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 27. Prior to City approval of the landscape plans, the applicant shall review the approved Water Quality Management Plan and ensure the proposed landscape plans are consistent with the project grading plans and show applicable Best Management Practices such as grass swales, detention basins, grass or vegetated buffers, filters, permeable pavers, etc. 28. The applicant shall install defensible landscape around the drainage basin area, so as to discourage the loitering and habitation of vagrants in this area, and maintain the security of the area proximate to the fast food restaurant's drive thru lane. 29. All rooftop equipment shall be painted the same color as the roof material. 30. Prior to the issuance of any building permit, a final landscape plan shall be brought to the DRC for review and approval. 31. A minimum of one foot candle shall be maintained on all surfaces of the parking lot, from dusk until the termination of business every operating day. The applicant shall ensure that lighting on the site shall be directed, controlled, and screened in such a manner so as to refrain from shining directly on surrounding properties. 32. The applicant shall also submit improvement plans to the Water Division for new fire hydrants, domestic water services, fire services, landscape services, and any other new installations or relocations affecting the public water facilities for review and approval prior to the issuance of any building permits. 33. Prior to the issuance of any building permits the applicant shall be responsible for the installation/relocation of the proposed/existing public water facilities as necessitated by the proposal to a location and of a design as approved by the Water Division. 34. The applicant shall be responsible for the installation of necessary fire hydrants and fire services as determined by the Fire Department and Water Division. 35. During the plan check process, the Water Division shall approve the type and location of fire service (detector check) devices. 36. Each building shall be protected with a separate fire service unless otherwise approved by the Fire Department and Water Division. 37. A minimum twenty-foot (20') separation shall be maintained from the public water facilities to the proposed buildings and structures unless otherwise approved by the Water Division.38. A six-foot minimum clearance and cone-foot minimum vertical clearance shall be maintained between the City water mains, laterals, services, meters, fire hydrants and all other utilities except sewer unless otherwise approved by the Water Division.39. Each building/unit shall be metered separately unless otherwise approved by the 40. The applicant shall satisfy all water main connections, plan check, inspection charges, and water bond requirements for the installation of the water system, as determined by the Water Division prior to approval of the water plan. 41. The applicant shall provide material submittals for all proposed public water facili~ies to the Water Division inspector for approval of a minimum of fourteen-calendar days prior to construction.42. Prior to the issuance of a Building Permit or Certificate of Occupancy, the applicant shall pay applicable plan check and building permit fees. 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 permit.43. All structures shall comply with the requirements of Municipal Code -Chapter 15. 52 Building Security Standards).44. 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 this permits, save and except that caused by the City's active negligence.45. 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 may be cause for revocation of this permit.46. Conditional Use Permit No. 2724-08, Major Site Plan Review No. 0557-08, and Design Review Committee No. 4368-08 shall become void if not used within two years from the date of approval. Time extensions may be granted for up to oneyear,pursuant to O.M.C. Section 17.08.060.47. Prior to Building Permit Issuance, the applicant shall pay all applicable impact fees to the City of Orange, including fire impact fees, school fees, police facility fees, traffic impact fees, and other applicable city or other agency fees.48. These conditions shall be reprinted on the first page of the construction documents when submitting to the Building Department for the plan check process.ADOPTED this 25th day of August, 2009 a V Ca ecc e, Mayor, ATTEST: Mary E. ,City Clerk, Ci y ange 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 25th day of August, 2009, by the following vote: AYES: COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Mary E. urp ,City Clerk, City range 12