Loading...
RES-10265 Tentative Tract Map Approval Archstone Communities at 291 State College Blvd.RESOLUTION NO. 10265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING TENTATIVE TRACT MAP NO. 17141 AND THE ADDENDUM TO APPROVED FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) NO. 1707-02 TO ALLOW A CHANGE TO 532 CONDOMINIUM UNITS FROM 532 APARTMENT UNITS ON 12.37 ACRES OF LAND, AT 291 STATE COLLEGE BOULEVARD AS PART OF A LARGER 884- UNIT DEVELOPMENT BISECTED BY THE ORANGE- ANAHEIM CITY LIMIT. APPLICANT: ARCHSTONE COMMUNITIES WHEREAS, the City Council adopted Resolution No. 9935 on April 26, 2005,approving General Plan Amendment No. 2002-0003, Environmental Impact Report No. 1707-02, Major Site Plan Review No. 252-02, and Design Review Committee No. 3786-02 to accommodate the construction of approximately 532 apartments on 12.37 acres ofland; and WHEREAS, the Applicant, Archstone Communities wishes to amend the existing entitlements and record a new tentative tract map to allow a change to 532 condominium units from the 532 apartment units originally approved; and WHEREAS, the environmental impacts of this project have been analyzed in an Addendum to Final Environmental Impact Report ( FEIR) No. 1707-02 and prepared pursuant to the provisions of the California Environmental Quality Act ( CEQA) and the State CEQA Guidelines; and WHEREAS, on May 23,2007, July 5, 2007, and September 26,2007 the Staff Review Committee reviewed the Addendum to Final Environmental Impact Report No. 1707-02 and the proposed change in land use from apartments to condominiums and recommended that the project proceed subject to the original and new conditions; and WHEREAS, Tentative Tract Map No. 17141 was filed by Archstone Communities in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Tentative Tract Map No. 17141 was processed in the time and manner prescribed by state and local law; and WHEREAS, the Planning Commission conducted one duly advertised public hearing on December 3, 2007 at which time interested persons had an opportunity to testify either in support of or opposition to the proposed Tentative Tract Map No. 17141 and the Addendum to Final Environmental Impact Report ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF ORANGE DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF LOT 13 OF THAT LOCKHART TRACT, IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 512 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF THE 5.25 ACRE TRACT OF LAND CONVEYED BY HARRY 1. BRAINERD TO WILLIAM F. GADE BY DEED RECORDED IN BOOK 527, PAGE 276 OF DEEDS OF SAID LOS ANGELES COUNTY; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LAND OF GADE TO THE CENTERLINE OF THE STATE HIGHWAY; THENCE NORTHWESTERLY ALONG SAID CENTERLINE TO THE POINT OF INTERSECTION THEREOF WITH THE CENTERLINE OF THE COUNTY ROAD COMMONLY KNOWN AS PLACENTIA AVENUE, AN EASEMENT FOR SAID ROAD WAS CONVEYED TO ORANGE COUNTY BY DEED RECORDED DECEMBER 6, 1922 IN BOOK 444, PAGE 395 OF DEEDS OF SAID ORANGE COUNTY; THENCE NORTH 0 DEGREES 09' 30" WEST ALONG THE CENTERLINE OF SAID COUNTY ROAD TO THE NORTHWESTERLY LINE OF LOT 13 OF SAID LOCKHART TRACT; THENCE NORTHEASTERLY ALONG SAID LINE TO THE NORTHERLY LINE OF SAID LOCKHART TRACT; THENCE EASTERLY ALONG SAID LINE TO THE NORTHWESTERLY CORNER OF THE LAND CONVEYED TO PHILIP LALUX AND ADELE H. LAUX, HIS WIFE, BY DEED RECORDED JUNE 15, 1920 IN BOOK 369, PAGE 104 OF DEEDS; THENCE SOUTN 16 DEGREES 56' 00" WETST 634.90 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE CENTERLINE OF SAID COUNTY ROAD, DISTANT THEREON NORTH 0 DEGREES 10' 30" WEST 159.66 FEET FROM ITS INTERSECTION WITH THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY (60 FEET WIDE), DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 25, 1954 IN BOOK 2851 , PAGE 256 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 60 DEGREES 43' 00" EAST 2 344.21 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID LAND OF GADE, NORTHEASTERLY 221.05 FEET, MEASURED ALONG SAID NORTHWESTERLY LINE AND THE SOUTHWESTERLY PROLONGATION THEREOF, FROM SAID CENTERLINE OF THE CALIFORNIA STATE HIGHWAY. ALSO EXCEPT THE INTEREST CONVEYED TO THE CITY OF ORANGE, FOR USE AS A PUBLIC STREET AND FOR USE OF PUBLIC UTILITIES, BY DEED RECORDED NOVEMBER 14, 1963 IN BOOK 6804, PAGE 358 OF OFFICIAL RECORDS, IN THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT A POINT BEING THE INTERSECTION OF THE CENTERLINE OF LOS ANGELES STREET (60 FEET WIDE) AND STATE COLLEGE BOULEVARD (FORMERLY PLACENTIA AVENUE 60 FEET WIDE); THENCE NORTH 0 DEGREES 09' 30" EAST ALONG THE CENTERLINE OF SAID STATE COLLEGE BOULEVARD, 32.63 FEET TO AN ANGLE POINT; THENCE SOUTH 89 DEGREES 50' 30" EAST 30 FEET AS MEASURED AT RIGHT ANGLES TO THE EASTERLY LINE OF STATE COLLEGE BOULEVARD TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0 DEGREES 09' 30" WEST 15 FEET TO AN ANGLE POINT, SAID POINT BEING THE INTERSECTION OF THE EAST LINE OF SAID STATE COLLEGE BOULEVARD WITH THE NORTHEASTERLY LINE OF SAID LOS ANGELES STREET; THENCE SOUTH 60 DEGREES 43' 00" EAST 15 FEET ALONG SAID NORTHEASTERLY LINE OF LOS ANGELES STREET TO AN ANGLE POINT; THENCE NORTH 30 DEGREES 16' 45" WEST 25.87 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THERREFROM THAT PORTIONOF SAID LAND AS DEDICATED TO THE CITY OF ORANGE BY DEDICATION BEING RECORDED MAY 7, 1970 IN BOOK 9284, PAGE 62 OF OFFICIAL RECORDS, BEING DESCRIBED AS: THAT PORTION OF LOT 13 OF THE LOCKHART TRACT, PER MAP RECORDED IN BOOK 4, PAGE 512 OF MISCELLANEOUS RECORDS, LOS ANGELES COUNTY, CALIFORNIA, AND LOTS 1 AND 2 OF TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF THE ROAD ESTABLISHED BY DEED TO THE COUNTY OF ORANGE RECORDED DECEMBER 6, 1922 IN BOOK 444, PAGE 395 OF DEEDS OF SAID ORANGE COUNTY, DISTANT NORTH 0 DEGREES 43' 42" WEST, 159.66 FEET FROM ITS INTERSECTION WITH THE CENTERLINE OF 3 THE CALIFORNIA STATE HIGHWAY (60 FEET WIDE) AS DESCRIBED IN A DEED RECORDED JULY 10, 1914 IN BOOK 258, PAGE 59 OF SAID DEEDS; THENCE SOUTH 59 DEGREES 48' 48" EAST A DISTANCE OF 34.45 FEET TO THE POINT OF INTERSECTION OF THE NORTHEASTERLY LINE OF STATE COLLEGE BOULEVARD FORMERLY KNOWN AS LOS ANGELES STREET), WITH THE EAST LINE OF ST ATE COLLEGE BOULEVARD (FORMERLY KNOWN AS PLACENTIA AVENUE) AND BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIIPTION; THENCE, CONTINUING SOUTH 59 DEGREES 48' 48" EAST A DISTANCE OF 309.76 FEET, MORE OR LESS, TO THE NORTHWESTERLY LINE OF THE 5.25 ACRE TRACT OF LAND CONVEYED TO HARRY JANES BRAINARD, ET Ux., TO WILLIAM F. GADE BY DEED RECORDED IN BOOK 527, PAGE 276 OF DEEDS OF SAID LOS ANGELES COUNTY; THENCE NORTH 50 DEGREES 03' 27" EAST ALONG SAID NORTHWESTERLY LINE OF THE LAND TO WILLIAM F. GADE A DISTANCE OF 25.52 FEET; THENCE, PARALLEL AND 24 FEET NORTHEASTERLY TO THE EXISTING RIGHT-OF-WAY LINE OF STATE COLLEGE BOULEVARD FORMERLY LOS ANGELES STREET), NORTH 59 DEGREES 48' 48"WEST A DISTANCE OF 118.59 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERL Y HAVING A RADIUS OF 342 FEET; THENCE WESTERLY AND NORTHERLY ALONG SAID 342 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 60 DEGREES 32' 30" AN ARC DISTANCE OF 361.38 FEET; THENCE PARALLEL AND 42 FEET EASTERLY OF THE CENTERLINE OF STATE COLLEGE BOULEVARD (FORMERLY PLACENTIA AVENUE)A DISTANCEOF 546.48 FEET; THENCE NORTH 3 DEGREES 15' 01"EAST A DISTANCE OF 250 FEET, MORE OR LESS, TO A POINT ON THE EXISTING BOUNDARY OF THE CITY OF ORANGE AS ESTABLISHED BY ANNEXATION NO. 79, ORDINANCE NO. 663, SAID BOUNDARYLINE 205.43 FEET NORTHERLY OF THE WESTERLY PROLONGATION OF SYCAMORE AVENUE; THENCE NORTH 89 DEGREES 16' 18' WEST ALONG THE EXISTING CITY OF ORANGE BOUNDARY A DISTANCE OF 23 FEET; THENCE PARALLEL AND 30 FEET EASTERLY OF THE CENTERLINE OF STATE COLLEGE BOULEVARD (FORMERLY KNOWN AS PLACENTIA AVENUE)SOUTH 0 DEGREES 43' 42" WEST A DISTANCE OF 1016.65 FEET TO THE TRUE POINT OF BEGINNING.EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA BY THAT FINAL ORDER OF CODEMNATION RECORDED JUNE 5, 1998, AS INSTRUMENT NO. 19980352437, OF OFFICIAL RECORDS. PARCEL THAT PORTION OF LOT 2 IN TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, LYING WESTERL Y OF THE FOLLOWING DESCRIBED LINE. BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT, WEST 1025.53 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE SOUTHERL Y ON A DIRECT LINE TO A POINT ON THE SOUTH LINE OF SAID LOT, WESTERLY 747 FEET FROM THE SOUTHEAST CORNER THERREOF. EXCEPT THE NORTH 567.04 FEET THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE CITY OF ORANGE RECORDED MAY 7,1970 IN BOOK 9284, PAGE 62 OF SAID OFFICIAL RECORDS. ALSO EXCEPT THEREFROM THAT PORTION OF SAID LOT LYING WESTERLY OF THE CENTERLINE OF PLACENTIA AVENUE (NOW STATE COLLEGE BOULEVARD) AS SHOWN ON TRACT NO. 964, FILED IN BOOK 31, PAGES 46 AND 47 OF MISCELLANEOUS MPAS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA BY THAT FINAL ORDER OF CONDEMNATION RECORDED JUNE 5, 1998, AS INSTRUMENT NO. 19980352437, OF OFFICIAL RECORDS. PARCEL C: THAT PORTION OF LOT 1 OF TRACT 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, LYING EASTERL Y OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE POINT OF INTERSECITON OF THE NORTH LINE OF SAID LOT 1 WITH THE CENTERLINE OF PLACENTIA AVENUE; THENCE SOUTH 0 DEGREES 09' 30" EAST 179.99 FEET TO THE EASTERLY LLINE OF SAID LOT 1. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE CITY OF ORNAGE RECORDED MAY 7, 1970 IN BOOK 9284, PAGE 62 OF SAID OFFICIAL RECORDS. 5 PARCEL D PARCEL 21 AS SHOWN ON A MAP RECORDED IN BOOK 30, PAGE 34 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL E THAT PORTION OF LOT 2 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 1 0, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 3 OF SAID TRACT NO. 71, SAID SOUTHWEST CORNER ALSO BEING THE EAST QUARTER SECTION CORNER OF SECTIN 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF SAID MISCELLANEOUS MAPS, THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 3, NORTH 89 DEGREES 59' 00" EAST 275.00 FEET; THENCE SOUTH 0 DEGREES 01' 00" EAST 280.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 0 DEGREES 01' 00" EAST 287.04 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 567.04 FEET OF SAID LOT 2; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE CENTERLINE OF STATE COLLEGE BOULEVARD, FORMERLY PLACENTIA AVENUE, AS DESCRIBED IN DEED TO THE COUNTY OF ORANGE, RECORDED MARCH 22, 1920 IN BOOK 358, PAGE 19 OF DEEDS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTHERLY ALONG SAID CENTERLINE TO A LINE THAT IS PARALLEL WITH NORTHERLY LINE OF SAID LOT 2 AND PASSES THROUGH THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID LAST MENTIONED PARALLEL LINE TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THE EAST 50.00 FEET. ALSO EXCEPT THAT PORTION THEREOF SET FORTH IN THE FINAL ORDER OF CONDEMNATION IN FAVOR OF THE STATE OF CALIFORNIA, RECORDED APRIL 30, 1998 AS INSTRUMENT NO. 19980352437, OFF OFFICIAL RECORDS. WHEREAS, the Planning Commission recommended that the City Council approve the new tentative tract map and conditions to allow the condominium use. 6 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby approves the Addendum to approved Final Environmental Impact Report No. 1707-02 and Tentative Tract Map No. 17141 for the property located at 291 State College Boulevard to accommodate the construction of the 532 units of the 884- unit Archstone Gateway condominium complex based on the following findings:SECTION 1 - FINDINGS 1. Proposed Tentative Tract Map No 17141 is consistent with the City's General Plan Land Use and Zoning District. The subject property has a land use designation of General Commercial with Overlay District D, which permits high-density residential uses, at a density range of 25 to 50 dwelling units per acre. The subject property is zoned Planned-Community with the Archstone Gateway Specific Plan. The proposed text amendments to the Specific Plan will include condominiums as a permitted use, and are intended for consistency.2. The project design and density is compatible with surrounding development and neighborhoods in the vicinity of the Archstone Gateway Specific Plan and Apartments and/or Condominiums. The area is characterized by a mix of high-intensity development associated with the UC Irvine Medical Center, high-rise hotels, County facilities, and The Block. Further east of the project site, beyond Interstate-5, are commercial development types including motels, low-rise office buildings, a mobile home park and multi-family residential projects (BRE Trammell Crow). Although the proposed project represents a departure from the character of the immediately adjacent development, it is of a scale and character that is appropriate for the substantial freeways, State College Boulevard and Chapman Avenue roadways. The Specific Plan and project establish a planning framework that reinforces the project area's function as a transitional element between The City Center and established low-intensity residential and commercial development located to the east.The project site is also located within the Orange Merged and Amended Redevelopment Area, and has been addressed in the Uptown Orange Land Use and Economic Development Strategy, which identifies the suitability of the area for the development of a mix of uses including high-density residential development.3. There is no evidence before the City of Orange that the proposed Specific Plan and associated development will have any potential for adverse affects, either individually or cumulatively, on wildlife resources or the habitat upon which the wildlife depends. The City of Orange has made required findings pursuant to CEQA as set forth in Section 2 below.4. The design of the subdivision or the proposed improvements will not conflict with easements, acquired by the public at larges, for access through, 5. The proposed condominium units are subject to the implementation of natural heating and cooling requirements pursuant to Title 24 energy requirements. 6. The implementation program of the Archstone Gateway Specific Plan ensures the project's contribution to the development of affordable housing in the City in the form of a payment of affordable housing fees to be used for the development of affordable housing elsewhere in the City. Additionally, approval of Tentative Tract Map No. 17141 is conditioned, such that five (5) percent of the total condominiums on-site, in the City of Orange, shall be affordable to moderate income households, for a period of forty- five (45) years.7. The City's Public Works, Fire, and Police Departments have reviewed the project and indicated that City services are available and adequate to serve the project. These departments have indicated that with adoption of the proposed mitigation measures, conditions of approval, and application of standard development conditions, potential impacts to their departments can be adequately addressed.SECTION 2 - ENVIRONMENTAL REVIEW 1. The Addendum to Final Environmental Impact Report (FEIR) No. 1707- 02,attached to this Resolution as Exhibit B, was prepared to analyze the potential impacts of the proposed condominiums associated with Tentative Tract Map No. 17141 and the Amended Archstone Gateway Specific Plan, whereas apartments were permitted under approved General Plan Amendment No. 2002-0003, Zone Change No. 1215-02, Major Site Plan Review No. 252-02, and Design Review No. 3786-02 in compliance with the California Environmental Quality Act and associated Guidelines.2. The City Council has carefully reviewed and considered the information contained in the Addendum to FEIR No. 1707- 02 which concludes that the change in land use from 532 apartments units to condominiums, will not result in any significant environmental impacts that were not already addressed in FEIR No. 1707-02. The City Council finds that the Addendum to FEIR contains an adequate assessment of the potential environmental impacts of Tentative Tract Map No. 17141 and the Amended Gateway Specific Plan that would permit condominiums.3. The Addendum to FEIR No. 1707-02 reflects the independent judgment and analysis of the City Council of the City of Orange.4. The City Council hereby approves and adopts the Addendum to FEIR No. 1707-02 presented in Exhibit B to the staff report, (and hereby SECTION 3 - CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed with approval of Tentative Tract Map No. 17141:General 1. All construction shall conform in substance and be maintained in general conformance with plans labeled Exhibit A (date stamped December 3, 2007 for identification purposes and on file) and as recommended for approval by the Planning Commission and ultimately approved by the City Council.2. 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.3. 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.4. Tentative Tract Map No. 17141 shall become void if not used within two years from the date of City Council approval. Time extensions may be granted in accordance with the provisions of the Subdivision Map Act.5. The applicant shall comply with all mitigation measures contained within FEIR No. 1707-02, Addendum to FEIR No. 1707-02, and the Mitigation Monitoring Plan for Archstone Gateway Project.6. This project includes certain fees, dedications, and/or exactions. Pursuant to Government Code Section 66020, these conditions or requirements constitute written notice of the fees and/or descriptions of the dedications or other exactions. The applicant is hereby notified that the ninety (90) day project period commencing from the date of approval of the project has begun. If the applicant fails to file a protest regarding these conditions, the applicant is legally barred from later challenging such exactions.7. These conditions will be reprinted on the cover sheet or first page of construction plans prior to the issuance of building permits.8. This Tentative Tract Map shall become effective at such time that the Amendments to the Archstone Specific Plan become effective. Plannin2: 9. If the applicants or successors in interest lease any dwelling units within the project prior to recordation of any Final Map for this subdivision, then the project shall be subject to the condominium conversion ordinance of the City of Orange, as defined in Section 17.30.040 et seq., or as may be amended. The applicant shall complete this requirement before a Final Map can be filed or recorded. 10. If the applicant or successor in interest lease any dwelling unit as a rental unit after the recordation of the Final Map, the applicant shall provide a disclosure document to the lessee prior to the lessee signing the lease, stating that the property has a recorded Final Map for condominium purposes and the provisions of the City's condominium conversion ordinance are not applicable. The City shall approve the form of the disclosure and the disclosure shall be submitted to the City and approved by the Community Development Director and City Attorney as part of the review process for the CC&R's. 11. Five percent of the total condominium units on-site, in the City of Orange, shall be affordable to moderate income households, for a period of 45 years. Prior to recordation of a Final Map, an Affordable Housing Agreement shall be executed between the City of Orange and the applicant, which will set forth the requirements.12. Prior to the recordation of a subdivision map, the applicant shall obtain approval from the Director of Community Development as to the form and content of a Declaration of Covenants, Conditions, and Restrictions (CC&R's) for the Gateway Residential Condominiums. The CC&R's shall be designed for the entire site outlining specific responsibilities such as drainage, utilities, access,parking, maintenance, landscaping, exterior building colors, signage, and enforcement provisions. The CC&R's shall be designed for the entire site and include, but not limited to, criteria for payment of maintenance assessments,creation of architectural control criteria and an Architectural Review Committee, creation of a Homeowner's Association (HOA) with delineated duties and powers and officers. Additionally, the CC&R's shall address the following project components: (1) HOA ownership, operation, and maintenance of the on-site sewer and storm system, including on-site lateral tie-ins, (2)overall HOA responsibility for allocation and use of facilities including but not limited to utilities, clubhouses, open space, and parking spaces, and (3) HOA maintenance, servicing and testing of the fire sprinkler, fire sprinkler monitoring systems, fire alarm, fire hydrants and underground utility lines pursuant to the California Fire Code and California Code of Regulations Title 19, (4) HOA maintenance of structural and treatment of Best Management Practices (BMPs)approved in the project WQMP and to set aside annual funds to cover the maintenance, repair, and or replacement of approved BMPs. Those aspects that are zoning in nature shall be structured so that it cannot modified without City approval. The City shall have discretion to enforce provisions that are zoning in nature. Prior to recordation of the map, the CC&R's shall be reviewed and approved jointly by the City Attorney, Community Development Director, and Public Works Director. The applicant shall be responsible for all costs incurred for the review of the CC&R's by the City Attorney, Community Development Director, and Public Works Director at the City's hourly billing rate. Public Works Police Fire 13. A final tract map shall be recorded within 24 months after tentative approval. 14. The applicant shall dedicate to the City any portion of State College Boulevard, if any, not currently dedicated for street and public utility purposes. Documentation of this dedication shall be submitted to the Public Works Department for review and approval prior to the issuance of grading permits. 15. The applicant shall dedicate to the City the right to enter the private driveways for maintenance of public utilities, emergency access, trash collection, etc. Documentation of this dedication shall be submitted to the Public Works Department for review and approval prior to the issuance of grading permits. 16. Prior to the issuance of Certificate of Occupancy, for any unit, the applicant shall submit proof that all structural best management practices (BMPs) described in the Project WQMP have been constructed and installed in conformance with the approved plans and specifications. 17. Prior to the issuance of any building permits, an agreement between the City of Orange and the City of Anaheim shall be in place to provide sewer service for that portion of the property in the City of Anaheim, served by the City of Orange. 18. Pedestrian gates shall be keyed for all emergency service providers. 19. The developer shall be responsible for the following Fire Department requirements: An approved fire sprinkler system must be installed throughout the building per O.M.C. 15.32.070 Section 1001.10. The system shall be designed per N.F.P.A. 13, UB.C. Chapter 9, UB.C. Standards 9-1 and 9-2. The sprinkler system requires 24- When fire sprinkler systems are required in buildings of undetermined use, they shall be designed and installed to have a sprinkler density of not less than that required for an Ordinary Hazard Group 2 use with a minimum design area of 3,000 square feet. The Fire Department connection shall not be affixed to the building. The fire department connection must be located at least 40 feet away from the building, within 40 feet of a fire hydrant and on the address side of the building, unless otherwise determined by the Fire Department. The hydrant shall be located on the same side of the street as the fire department connection. Provide on-site fire hydrant(s) and mains capable of supplying the required fire flow. The hydrant model and on-site location shall be approved by the Fire Department and have a three (3) foot minimum clearance around the circumference of the fire hydrant. The on-site hydrants shall not be controlled by the control valve (PJ.V.) for the sprinkler system so that water flow to the hydrants is not impaired should the sprinkler system be shut down for any reason. (UF.C. Sections 903 and 1001.7) The Fire Department connection shall not pressurize a hydrant. Plans must be submitted to the Building Department.The number and location of hydrants shall be determined by Fire and Water Departments.Prior to issuance of a fire service (detector check) the required water supplies for hydrants and fire sprinkler systems shall be determined and the water supplies shall be approved by the Fire Department.Every building shall be accessible to Fire Department apparatus by an access roadway of not less than 20 feet of unobstructed width having a minimum of 13 feet 6 inches of vertical clearance. The access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. UF .C. Sections 901 and 902.All streets less than 36 feet wide shall be marked and signed as a fire lane.The marking and signs shall be provided and installed per the City of Orange Fire Departments Fire Lane Standards.All exit ways shall be provided with an all weather surface that continues to a public way.Provide a secondary emergency access that IS built and maintained III accordance with UF.C. Sections 901 Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus.Dead-end Fire Department access roads shall not exceed 600 feet.The Fire Department access roadway shall be an all weather-driving surface capable of supporting the imposed loads of fire apparatus, 20,000 pounds per axle. The access shall be designed for a three-axle vehicle. (Engine weight 36,050 and Truck weight 54,000 pounds) UF.C. Section 902.2.2.2.The Fire Department access roadway shall be provided with adequate turning radius for fire department apparatus. (A 45 foot outside and 25 foot inside radius.) UF.C. Section 902.2.2.3.Fire Department emergency access must not exceed 12 percent grade.UF.C. Section 902.2.2.6.All mechanical gates shall be provided with a key-operated override per City of Orange Ordinance 9-84. And a manual release in case of electrical failure.A Fire Department approved key box for fire department access shall be installed on the address side of the building near the main entrance or fire control room at a height of 5 feet above finished grade. The Knox box shall contain keys to gain access toeach building. UF.C. Section 902.4.Provide fire access gates every 150 in all areas that are gated. Gates shall have a 4 feet minimum opening.All elevators shall comply with California Building Code Section 3003.5 and 3003.5a, for stretcher requirements. The elevator designated for medical use shall be sized to fit an 81 "x 24" stretcher.Provide a fire alarm system as required per U.F.C. Article 10.Provide standpipes as required per U.B.C. Table 9A.Emergency access needs must be addressed to the satisfaction of the Fire Department for each development phase of the project. Fire facility fees will be required.An onsite inspector may be provided by the Developer/Builder. The inspector must be approved and under contract with the Fire Department/City. An office, phone, and transportation Water 20. The design of the water system for the City of Orange shall comply with all applicable standards, specifications, policies and regulations of the City of Orange. 21. Prior to the issuance of building permits, the developer shall be responsible for the relocation of the existing water facilities impacted by the proposal, to a location and of a design approved by the Water Division. 22. The applicant shall install a City dedicated water system as designed by the Water Division prior to the issuance of building permits. 23. Each building shall be metered separately unless otherwise approved by the Water Division. 24. The applicant shall furnish and install City dedicated remote read meters for all domestic and landscape services of a manufacturer as approved by the Water Division. 25. The applicant shall furnish and install individual pressure regulators on services where the incoming pressure exceeds 80 psi. 26. A twenty-foot (20') separation shall be maintained from the water mains to the all buildings and structures unless otherwise approved by the Water Division.27. Each building shall be protected with a separate fire service unless otherwise approved by the Fire Department and Water Division.28. The applicant shall satisfy all water main connection, plan check, and inspection charges as determined by the Water Division prior to approval of the water plan.29. The applicant shall satisfy all water bond requirements for the installation of the water system as determined by the Water Division prior to approval of the water plan.30. The applicant shall furnish a dedicated and graded mmImum 15-foot unencumbered access and utility easement for facilities proposed to remain and for future facilities to be contiguous to the existing City right of ways and easements as determined by the Water Division for all, public water facilities including mains, meters, detector checks, and fire hydrants prior to approval of the water plan, and prior to the issuance of building 31. The applicant shall enter into a Decorative Improvement Agreement with the City of Orange prior to the final completion and acceptance of the water improvements. 32. The applicant shall provide material submittals for all proposed public water facilities to the Water Division for approval, a minimum of 14-calendar days prior to construction.33. The applicant shall furnish and install manually operated locks and keys to the Water Division for the gated entrances unless otherwise approved by the Water Division.34. A critical transmission main passes through the site from State College through to the mobile home park. This line shall be upgraded and re-established prior to the issuance of building permits.Environmental 35. Prior to issuance of the first building permit, the property owner/ developer shall submit the final lighting design, including a photometric study, to the City of Anaheim Planning Department and Police Department and City of Orange Planning Division and Police Department for review and approval. The lighting design shall 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 3.3-1)36. Prior to the approval of the first grading plan or issuance of the first demolition,grading, or building permit, whichever comes first, the property owner/developer shall provide written evidence to the City of Orange,Department of Public Works that the following measures to achieve reductions in construction-related equipment emissions have been included in the grading plan and improvement plan specifications for implementation by contractors:Use low emission mobile construction equipment.Maintain construction equipment engines by keeping them tuned.Use low sulfur fuel for stationary construction equipment.Utilize existing power sources (i.e., power poles) when feasible.Configure construction parking to Minimize obstruction of through-traffic lanes. When feasible, construction shall be planned so that lane closures on existing streets are kept to a mmImum.Schedule construction operations affecting traffic for off- peak hours.Develop a traffic plan to minimize traffic flow interference from construction activities (the plan may include advance public notice of routing, use of public transportation, and satellite parking areas with a shuttle service). (Mitigation Measure 3.4-1)37. Prior to issuance of the first building permit, as deemed appropriate, the property owner/developer shall be responsible for the incorporation of alternative fuel vehicle stations within the development. These features shall be incorporated into the construction drawings for verification by the City of Orange Community Development Director, or his designee. (Mitigation Measure 3.4-2)38. Prior to the issuance of the first building permit, the property owner/developer shall submit detailed procedures for the implementation of the Solid Waste Management Plan that defines the timing and process for the regular cleaning and sanitization of the trash chutes and trash enclosures. These procedures shall be submitted in written form for review and approval by the City of Orange Community Development Director, or hisdesignee. ( Mitigation Measure 3.4-3)39. Prior to the issuance of a grading permit from the City of Orange, the property owner/developer shall submit to the City of Orange for review and approval a landscape plan providing evidence of compliance with the tree replacement ratio as defined by the City of Orange Community Services Department. The tree replacement ratios shall consist of: 25 percent as 48-inch box specimens; 25 percent as 36-inch box specimens; and 50 percent as 24-inch box specimens.Mitigation Measure 3.5-1)40. Prior to the approval of the first grading plans or building permit, whichever comes first, from the Cities of Anaheim and Orange, the property owner/developer shall incorporate into the grading and project design the recommendations provided in the Preliminary Geotechnical Investigation,Proposed Gateway Project, Cities of Anaheim and Orange, County of Orange,California, prepared by GeoSoils, Inc., June 9, 2003 for review and verification by the Public Works Director, or designee. The recommendations include, but are not limited to, the following:All fill materials and alluvial deposits up to 10 feet in depth, as they affect structural development, shall be removed from the project site and replaced by engineered fill in accordance with the grading Where design vertical cut is less than 5 to 10 feet, the alluvial deposits shall be removed and replaced by engineered fill in accordance with the grading code of the Cities of Anaheim and Orange. Subsequent to ground preparation on the project site, soil shall be placed in thin (approximately 6 inch) lifts, cleaned of vegetation and debris, moisture conditioned, and recompacted to achieve a minimum relative compaction of 90 percent per ASTM D 1557-00 test method.Before any soil is imported to the project site, the material shall be tested by a qualified geologist to verify that the expansive qualities of the fill material are very low and that no hazardous materials are present in the imported fill.Mitigation Measure 3. 6-1)41. Prior to the approval of each grading plan or issuance of each demolition,grading, or building permit, a note shall be placed on the demolition, grading,and construction plans requiring contractors to comply with the following noise reduction measures. Said measures shall be implemented on-going during demolition, grading, and construction. The property owner/ developer shall be responsible for compliance with these noise reduction measures.All construction activities for the proposed project shall be prohibited between the hours of 8:00 P.M. and 7:00 A.M. on weekdays, including Saturday, or at any time on Sunday or a Federal Holiday.All construction vehicles or equipment operated (fixed or mobile) shall be equipped with properly operating and maintained mufflers.All stationary construction equipment shall be placed as far away as feasible and situated so that emitted noise is directed away from sensitive receptors to the east, southeast, and west of the project site.All long-term stock-piling and equipment staging areas shall be placed in a manner as to provide as much distance between construction-related noise sources and potentially noise sensitive receptors to the east, southeast, and west as feasible during all project site preparation, grading, and construction activities.All construction hauling shall be limited to those days and hours specified for on-site construction.All construction equipment maintenance shall be limited to those days The 8-foot high block wall along the eastern project boundary immediately adjacent to the mobile home park shall be constructed prior to issuance of the first building permit for the apartment buildings to serve as a noise barrier for construction-related noise (Mitigation Measure 3.9-1)42. Prior to the issuance of the first building permit for the primary clubhouse and Building C, the property owner/developer shall provide evidence to the Building Official, or his designee, of the City of Orange that noise control barriers, as indicated in Figures 3.9-3 and 3.9-4 of the Draft EIR, have been incorporated into the project at the outdoor useable areas for the primary clubhouse and Building C to achieve the 65 dBA CNEL exterior noise standard. Figure 3.9-12 of the Draft EIR provides a typical elevation of the noise control barriers for the affected balconies. (Mitigation Measure 3.9-2)43. Prior to the issuance of the first building permit for each of the buildings identified in this mitigation measure, the property owner/developer shall provide evidence to the Building Official, or designee, of the City of Orange that noise control barriers, as indicated in Figures 3.9-3, 3. 9-5, 3.9-6, and 3.9-7 of the Draft EIR, have been incorporated into the project at the balconies of units located adjacent to State College Boulevard, the 1-5 Freeway, the industrial land uses to the north and northeast of the project site, and the commercial land use to the north of the project site to achieve the 65 dBA CNEL exterior noise standard. Figure 3.9-12 of the Draft EIR provides a typical elevation of the noise control barriers for the affected balconies. (Mitigation Measure 3.9-3)44. Prior to the issuance of the first building permit for each of the buildings identified in this mitigation measure, the property owner/developer shall provide evidence to the Building Official, or his designee, of the City of Orange that windows closed conditions necessitating the provision of mechanical ventilation systems and upgraded windows (STC = 26 through 28), as indicated in Figures 3.9-3, 3. 9-8, 3.9-9, 3.9-10, and 3.9-11 of the Draft EIR, have been incorporated into the project for the primary clubhouse and the units located adjacent to State College Boulevard, the I-5 Freeway, the industrial land uses to the north and northeast of the project site, the commercial land use to the north of the project site, and the on-site moving plazas to achieve the 45 dBA CNEL interior noise standard. (Mitigation Measure 3.9-4)45. Prior to the issuance of any grading permits, an Acoustical Analysis Report shall be submitted to the City of Orange Community Development Director, or his designee, for review and approval. The Acoustical Analysis Report shall describe the acoustical design features of the structures required to satisfy the interior noise standards of the Cities. Additionally, the analysis shall provide recommendations to reduce patio noise to no more than 70 dBA CNEL for any balcony with a depth of six feet or more for a receptor located at a height of 5 feet above the indicating that the sound attenuation measures specified in the approved acoustical reports have been incorporated into the design of the project. No site occupancy shall occur until subsequent noise measurements show that the 65 dBA CNEL exterior noise standard has been met on the balconies. (Mitigation Measure 3.9- 5)46. Prior to the first final building and zoning inspection for the project, the property owner/developer shall be responsible for conducting field- testing in accordance with Title 25 regulations to verify interior and exterior compliance with Sound Transmission Class (STC) and Impact Insulation Class ( nC) design standards and noise standards of the City of Orange. The results of this testing shall be submitted to the City of Orange Community Development Director, or his designee. (Mitigation Measure 3.9-6)47. Prior to the issuance of each building permit for a parking structure, the property owner/developer shall provide evidence to the Building Official, or his designee, of the City of Orange that the driving surface of the parking structures shall be constructed of and/or treated with materials that would reduce tire-related noise to the maximum extent possible. The use of the construction materials shall be indicated on the construction plans submitted to the City of Orange. (Mitigation Measure 3.9-7)48. Prior to the issuance of the first building permit for each building, the property owner/developer shall provide evidence to the Building Official, or his designee, of the City of Orange that the air conditioning compressors for the units shall be placed on isolators to reduce vibration and noise. The use of the isolators on the air conditioning compressors shall be indicated on the construction plans submitted to the City of Orange. ( Mitigation Measure 3.9-8)49. Prior to the first final building and zoning inspection for the project, the property owner/developer shall provide evidence to the Building Official, or his designee, of the City of Orange that the property management for the proposed residential development has established rules and regulations restricting the hours of use and the assessment of penalties for excessive noise to minimize the effects from the moving plazas. These rules and regulations shall be provided to potential tenants for their review during the lease agreement process.Mitigation Measure 3.9-9)50. Prior to the first final building and zoning inspection for the project, the property owner/developer shall provide evidence to the Building Official, or his designee, of the City of Orange that the property management for the proposed residential development has established rules and regulations restricting the hours of use and the assessment of penalties for excessive noise to minimize the effects from the recreational facilities. These rules and regulations shall be provided to potential tenants for their review during the lease agreement 51. Prior to the first final building and zoning inspection for the project, the property owner/developer shall provide evidence to the Building Official, or his designee, of the City of Orange that property management for the proposed project has prepared information on the potential for helicopter over flight for potential tenants for their review during the lease agreement process. Mitigation Measure 3.9- 11)52. Prior to the approval of the first grading plan or issuance of the first grading or building permit, whichever occurs first, the property owner/developer shall submit to the City of Orange Fire Department a Construction Phase Emergency Fire Access Plan for review and approval. The Construction Phase Emergency Fire Access Plan shall include the location of all existing fire hydrants,apparatus access routes and access points from the adjacent public streets, and the emergency access areas provided to within 150 feet of all on-site construction activities. The specific format and content of the Construction Phase Emergency Fire Access Plan shall be reviewed and approved by City of Orange Fire Chief, or the designees. (Mitigation Measure 3. 11.1-1)53. Prior to the approval of the first grading plan or issuance of the first building permit or grading permit, whichever occurs first, the property owner/developer shall submit to the City of Orange Fire Chief, or their designees, an Emergency Fire Access Plan for the on-going project operations showing all proposed means of emergency access for both fire apparatus and emergency personnel into and around the project. The Emergency Fire Access Plan shall indicate: the location of all existing and proposed fire hydrants for the development and adjacent areas; the location and type of signage provided to aid emergency personnel on the fire access roads and within the parking structures; the residential structures; and, the recreation facilities. In addition, the Emergency Fire Access Plan shall show the heights of all vertical obstructions, including landscaping, over the fire access lanes, with no obstruction less than 14 feet in height. The specific format and content of the Emergency Fire Access Plan shall be reviewed and approved by the Fire Chief of the City of Orange Fire Department, or his designee. (Mitigation Measure 3.11.1-2)54. Prior to the issuance of the first building permit, the property owner/developer shall submit to the building official or his designee of the City of Orange Community Development Department, Building Division evidence that dual-keyed Knox Rapid Entry devices will be provided at all locked vehicular and pedestrian access gates. Knox device locations shall be coordinated with and approved by the City of Orange Fire Department. ( Mitigation Measure 3.11.1-3)55. Prior to the issuance of the first building permit, the property owner/developer shall submit to the Building Official or his designee of the City of Orange Community Development Department, Building Division, for review and approval, building construction plans indicating be equipped with automatic fire sprinkler system(s) designed and installed in accordance with National Fire Protection Association Standard 13. The design of the automatic fire sprinkler system(s) shall be coordinated with and approved by the City of Orange Fire Department. All required fire sprinkler systems shall be installed and operational in each building prior to the first final building and zoning inspection for that building. (Mitigation Measure 3.11.1- 4)56. Prior to the issuance of the first grading or building permit, whichever occurs first, the property owner/developer shall submit to the Police Chief of the City of Orange, or his designee, a Construction Phase Emergency Access Plan. 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 to within 150 feet of all construction activities. The Construction Phase Emergency Access Plan shall be reviewed and approved by the City of Orange Police Department. (Mitigation Measure3. 11.2-2)57. Prior to the approval of the first grading plans or issuance of the first grading permit or building permit, whichever occurs first, the property owner/developer shall submit to the Police Chief of the City of Orange, or his designee, an Emergency Access Plan for on-going project operations showing all proposed means of emergency access for both police and other emergency personnel into and around the project. The Emergency Access Plan shall indicate: the location of all access points, the location and type of signage provided to aid police and other emergency personnel on the fire access roads and within the parking structures, the residential structures, and the recreation facilities. The specific format and content of the Emergency Access Plan shall be reviewed and approved by the City of Orange Police Department. (Mitigation Measure 3.11.2-3)58. On-going during the first five (5) years from the first final building and zoning inspection, the Police Chief of the City of Orange, or his designee, shall conduct a review every six months to assess the effectiveness of project access associated with the division of the project site into two jurisdictions. The property owner/developer shall provide appropriate changes, as determined by the City of Orange Police Department to address inadequacies identified within the timeframe designated by the Police Department. Plan shall be reviewed and approved by the City of Orange PoliceDepartment. ( Mitigation Measure 3.11.2-4)59. Prior to the issuance of the first building permit, the property owner/developer shall submit to the Police Chief of the City of Orange, or his designee, evidence for review and approval that the design of the proposed project provides clear distinctions in the jurisdictional boundaries. This shall include, but not be limited to the following: architectural features; paint or texture distinctions;signage; pavement markers; maps; etc. The approved installed prior to the first final building and zoning inspection for each building. Mitigation Measure 3.11.2- 5)60. Prior to the first final building and zoning inspection for each building, the property owner/developer shall submit to the Police Chief of the City of Orange,or his designee, for review and approval finished detailed project maps to be supplied to dispatch and patrol officers. (Mitigation Measure 3.11. 2-6)61. Prior to the issuance of the first building permit, the property owner/developer shall submit to the Police Chief of the City of Orange, or his designee, and the Planning Departments for review and approval, evidence that the design of the proposed project includes the provision of an illuminated diagrammatic directory at the access points to the proposed project. This directory shall be installed and inspected by each City's crime prevention officer prior to the first final building and zoning inspection for each phase of the project that includes an access point. (Mitigation Measure3. 11.2-7)62. Prior to the issuance of the first building permit, the property owner/developer shall submit to the City of Orange Crime Prevention Officer for review and approval a photometric lighting plan. The approved lighting shall be operational prior to the first final building and zoning inspection for each building. (MitigationMeasure 3.11.2-8)63. Prior to the first final building and zoning inspection and annually (from the first final zoning and building inspection) during project operations, the property owner/developer shall submit to the City of Orange Crime Prevention Officer for review and approval, evidence that educational materials shall be distributed on a continuous basis to new residents outlining the City boundary line between the Cities of Anaheim and Orange and the appropriate procedures and specific phone numbers to use in the case of an event requiring police services. (Mitigation Measure 3.11.2-9)64. Prior to the first final building and zoning inspection and annually (from the first final zoning and building inspection) during project operations, the property owner/developer shall submit to the City of Orange Crime Prevention Officer for review and approval evidence that the residential development management for the proposed project, in coordination with the Police Department, shall establish a Neighborhood Watch program for the residents to meet at least every six months. The program shall serve as a forum for the residents to identify safety issues to be addressed by the residential development management. ( Mitigation Measure 3.11.2-10)65. Prior to the issuance of the first building permit for each building, to be installed prior to the first final building and zoning inspection for each building, the property owner/developer shall submit building construction Orange Police Department for review and approval. Said Plans shall incorporate the following security and police response features into its design: Internal apartment numbering shall be distinct enough as to distinguish those dwelling units within the City of Anaheim from those within the City of Orange; Wiring for a CCTV (closed circuit television) shall be installed to cover all courtyards, recreational centers, pools and spa areas in addition to the entire level of each parking garage; Emergency activation devices shall be located within parking structures and shall be directed to the respective police departments; and, Rooftop addresses for all parking structures (for the police helicopter). Minimum size for numbers shall be 4 feet in height and 2 feet in width. The lines for the numbers shall be 6 inches thick and be spaced 12 to 18 inches apart. All numbers shall have a contrasting color to the parking structure and shall face the street to which the structure is addressed. (Mitigation Measure 3.11.2- 11)66. Prior to the first submittal of the water improvement plans for the proposed project and issuance of grading permits, the property owner/developer shall submit a water system Master Plan, including a hydraulic distribution network analysis, for review and approval by the City of Orange City Engineer, or his designee. The Master Plan shall demonstrate the adequacy of the proposed on-site 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 Master Plan concludes that additional off-site improvements will be required to mitigate any impacts, such improvements shall be completed prior to issuance of the first building permit.Mitigation Measure 3. 13 .1-1 )67. Prior to the issuance of building permits, the property owner/developer shall prepare and submit a detailed Solid Waste Storage/ Collection and Recycling Plan for review and approval by the City of Orange Public Works Director, or is designee. Said Plan shall address and include the following:Provide a written solid waste storage and collection plan for use in training maintenance employees and to monitor compliance with the proposed project's conditions of approvals, design features, and mitigation measures;and,Bulky item collection storage. (MitigationMeasure 3. 68. Prior to the issuance of the first building permit, the property owner/developer shall prepare Conditions, Covenants, and Restrictions (CC&R's) for the proposed project for review and approval by the City of Orange Public Works Department. Said CC&R's shall require that the approved Solid Waste Storage/Collection and Recycling Plan identified in MM 3.13.4-1 be implemented in perpetuity, unless otherwise approved in writing by both the Public Works Directors, or their designees, for the Cities of Anaheim and Orange. (Mitigation Measure 3.13. 4-2)69. Prior to the issuance of a demolition, grading or building permit, whichever occurs first, the property owner/developer shall submit a construction waste management plan that demonstrates that construction- generated waste is reduced by 50 percent and is consistent with AB 939. Said Plan shall be reviewed and approved by the City of Orange Public Works Department.Mitigation Measure 3.13.4-3)70. Prior to the approval of the construction building plans, to be installed prior to the first building and zoning inspection, the property owner/developer shall submit building construction plans for review and approval to the City of Orange Public Works Department. Said Plans shall incorporate the following solid waste features into its design:Trash chutes (with signage) shall be in locations and sufficient numbers to minimize the commingling of trash from City of Anaheim residents with City of Orange residents;Trash bins routes shall be identified from storage enclosures to trash compactors;Trash bins and trash compactors shall be color coded as follows: blue for City of Anaheim and green for City of Orange; and,Dual-keyed Knox devices at all vehicle access gates shall be provided to allow access for trashhaulers. ( Mitigation Measure 3.13.4-4)Code Provisions The following Code provisions are applicable to this project and are included for information only. This is not a complete list and other Code provisions may apply to the project:Prior to issuance of building permits, the applicant shall pay all applicable development fees, including but not limited to: City sewer connection, Orange County Sanitation District Connection Fee, Transportation System Improvement Program, Fire Facility, Police Facility, Park Acquisition, Sanitation District, School District, and Eastern ADOPTED this 11 th day of March, 2008. ATTEST: L~ Mary E. I, MARY E. MURPHY, Cit lerk 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 11 th day of March, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN (RECUSED): COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: Bilodeau 25