RES-9935 Environmental Impact Report Approval Archstone CommunitiesRESOLUTION NO. 9935
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING
ENVIRONMENTAL IMPACT REPORT NO. 1707-
02,GENERAL PLAN AMENDMENT NO.
2002-0003,MAJOR SITE PLAN REVIEW NO.
252-02, AND DESIGN REVIEW
NO. 3786-02 TO
ACCOMMODATE THE CONSTRUCTION OF APPROXIMATELY
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, General Plan Amendment No.
2002-0003, Major Site Plan Review No. 252-02 and Design Review No.
3786-02 were filed by Archstone Communities in accordance with the
provisions ofthe City of Orange Municipal Code; and WHEREAS, General
Plan Amendment No. 2002-0003, Major Site Plan Review No. 252-02 and Design
Review No. 3786-02 were processed in
the
time and manner prescribed by state and local law; and I
WHEREAS, the City Council has considered the information contained in
Final Environmental Impact Report No. 1707-02, including the Draft Environmental Impact
Report (DEIR), comments received during the public review period for
the DEIR,Response to Comments, Statement of Overriding Considerations and the Mitigation Monitoring
Program, and has found that with the exception of cumulative and
short-term air quality impacts related to construction, adoption of mitigation measures and
conditions of approval to address potential impacts to land use, aesthetics,
long-term air quality, biological resources, geology and soils, hazards, hydrology
and water quality,noise, population and housing, public services, transportation and traffic, utilities
and service systems, the project will not significantly impact the environment or
wildlife. For those impacts identified as significant and unavoidable, the City Council has concluded
that the benefits of the project, including the substantial contribution the project makes to the
City's housing stock, the housing units created in close proximity to a major employment
center, and the manner in which it implements
the City's General Plan and Economic Development goals, outweigh the unavoidable impacts;
and WHEREAS, on October 9, 2002, October 24, 2002, August 6, 2003, October 9,
2003, December 10, 2003, January 21, 2004 and September 15,2004,
Review No. 252-02 and on September 15, 2004, recommended that the
application proceed subj ect to conditions;
and WHEREAS, on June 4, 2003 and December I, 2004 the Design
Review Committee reviewed Design Review Committee No. 3786-02 regarding the design
of the buildings and landscaping associated with General Plan Amendment No.
2002-0003, and Major Site Plan Review No. 252-02 and on December I,
2004, recommended that the project proceed
subject to conditions; and WHEREAS, the City Council conducted one duly
advertised public hearing on April 26, 2005 for the purpose of considering Environmental
Impact Report No. 1707-02,General Plan Amendment No. 2002-0003, Major
Site Plan Review No. 252-02, and Design Review Committee
No. 3786-02 upon property described as follows: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 J. 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
IS,
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:
I 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 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:
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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
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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 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 BOULEV ARD (FORMERLY KNOWN AS LOS ANGELES
STREET), WITH THE EAST LINE OF STATE COLLEGE BOULEVARD
FORMERLY KNOWN AS PLACENTIA AVENUE) AND BEING THE
TRUE POINT OF BEGINNING OF THIS DESCRIlPTION; 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 NORTHEASTERLY 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 BOULEV ARD (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
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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.
PARCELB:
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 WESTERLY 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 SOUTHERLY 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.
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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.
PARCELC:
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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 EASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE POINT OF INTERSECITON OF THE NORTH
LINE OF SAID LOT 1 WITH THE CENTERLINE OF PLACENTlA
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.
PARCELD
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, CALIFORNlA.
PARCELE
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 10, 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
PLACENTlA 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
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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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange that Environmental hnpact Report No. 1707-02, is hereby certified and
adopted,and General Plan Amendment No. 2002-0003 amending the text of the land
use element to allow residential uses in Overlay District D, Major Site Plan Review No.
252-02, and Design Review No. 3786-02, to accommodate the construction of the
532 units of the 884-unit Archstone Gateway apartment complex located
at 291 State College Boulevard,is hereby approved
based on the following
findings:
SECTION 1 - FINDINGS I 1.The project design is compatible
with surrounding development and neighborhoods in the vicinity of the Archstone
Gateway Specific Plan and Apartments. 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 developments 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.2.
The project conforms to City development standards and any applicable special
design guidelines or specific plan requirements in that Major Site Plan
Review No. 252-02 is one component of the
larger development application for General Plan Amendment No. 2002-0003
and
density range and development standards that are unique and tailored to
the Archstone Gateway Specific Plan area. The apartment complex has
been reviewed by the City's Design Review Committee and complies with
applicable Southwest Design Standards.
3. The project provides for safe and adequate vehicular and pedestrian
circulation, both on- and off-site. The project also provides a total of 1,
027 parking spaces, exceeding the number of spaces required by the
Municipal Code. The proposed project is conveniently located next to two
OCTA bus stops, with two Orange County Metrolink stations in the local
vicinity,and a bus route that provides access to and from the Orange
TransportationCenter/Metrolink Station. The project site is also within walking
distance of The City Center, a major hub of employment and retail activity
that encompasses UC Irvine Medical Center, The City Center office
buildings,The Block, and two substantial hotels. Additionally, mitigation
measures and conditions of approval adopted in conjunction with project
approval will address traffic congestion and safety-related issues
associated with
project implementation.4. 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.5. With the exception of cumulative and short-term,
construction related air quality impacts, the project has been designed to
fully mitigate or substantially minimize adverse environmental
effects in that Environmental hnpact Report No. 1707-02
was prepared and includes mitigation measures that reduce potential impacts
to aesthetics, air quality,biological resources, geology and soils,
hazards, hydrology and water quality, land use and planning,
construction-related and on-site operational noise, population and
housing, public services, transportation and traffic and utilities and service
systems to less-than-significant levels. For those impacts identified
as significant and unavoidable, the City Council finds that the benefits of the
project outweigh the negative effects as detailed in Section 2
below. Adoption of Final Environmental hnpact Report No.1707-
02 and the associated Mitigation
Monitoring Program will ensure that potential impacts are addressed.6. The text amendment to
the General Plan Land Use Element and the zone change
from Light Manufacturing (M-1) to Planned Community (PC) with a
Specific Plan is intended to accommodate the development of high-density residential
uses by establishing a residential density range of 25 to 50 dwelling
units per acre. Therefore, Major Site Plan Review No. 2252-02 is
bound
I
Amendment No. 2002-0003 and Zone Change No. 1215-
02. The residential development allowed by these changes
supports the implementation of the City's 2001 Housing Element,
which identifies Uptown Orange as an "Underutilized/Redevelopment Site" that
has the potential to accommodate 500-850 new
dwelling units. The implementation program of the Archstone Gateway
Specific Plan also 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.7.The Archstone Gateway Specific Plan text
establishes the development standards for the Planned Community land use
designation established by Zone Change No. 1215-02. Upon City Council
approval of the Zone Change the City's Zoning Map will be updated
to reflect this designation.8.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. Therefore, the proposed development is found to have a de minimis impact in its
effect
on fish and wildlife.9.The City of Orange has made required findings pursuant
to CEQA as set forth
in Section 2 below.10.The data and analysis upon which these findings
of fact are based,including those in Section 2 of this Resolution, are set
forth in the staff report for Environmental hnpact Report
No. 1707-02, General Plan Amendment No. 2002-0003, Zone
Change No. 1215-02, Major Site Plan Review No. 252-
02, and Design Review No. 3786-02,
staffs oral presentation, public testimony, and Commissioner comments
which constitute the City Council'
s review
ofthis application.SECTION 2 - ENVIRONMENTAL REVIEW I 2.1.Final Environmental
hnpact Report (FEIR) No. 1707-02 was prepared for
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; and The City Council has carefully reviewed and considered the
information contained in FEIR No. 1707-02 and finds
that the FEIR contains an adequate assessment of the potential
environmental impacts of General Plan Amendment No. 2002-0003, Zone
Change
3. FEIR No. 1707-02 reflects the independent judgment and analysis of
the City Council of the City of Orange;
and 4. The City Council hereby adopts the Statement of Facts and Findings
and the Statement of Overriding Considerations (Attachments A and
B,respectively, and hereby attached and incorporated by this
reference),which document and support that even with the implementation
of mitigation measures, it is infeasible to reduce the project's impact
on cumulative and short-term construction related air quality to a
level of insignificance. Further, these statements identify how the
City has eliminated or substantially lessened all significant effects
on the environment. The City Council also finds that the benefits of
the proposed project, including the substantial contribution the project makes
to the City's housing stock, the housing units created in close proximity
to a major employment center, and the manner in which it
implements the City's General Plan and Economic Development goals,
outweigh the unavoidable adverse environmental effects;
and therefore 5. The City Council hereby adopts the Mitigation
Monitoring Program Attachment C, attached and incorporated by this reference)
as the mitigation-monitoring program for
the project; and 6. The City Council certifies FEIR No. 1707-02 presented
in draft form in Exhibit 3 to the staff report, (attached and
incorporated
by this reference);and SECTION 3 -
CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions
are
imposed
with approval:General:1. Within two days of final approval of this project,
the applicant shall deliver to the Planning Division a cashiers 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.
If it is determined that there will be no impact upon wildlife
resources, the fee shall
be $850.00.2. Within two days of final approval of this project,
the applicant shall submit a $3,000.00 deposit to the Planning Division
for the Mitigation Monitoring and Reporting Program. Time spent by City
staff to complete the project will be charged to the applicant. When more than
50% of the deposit has been credited toward hourly services
provided,
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Planninl!:
9.
I
will be billed directly for actual time spent on the project. At the
completion of the project, a final accounting of deposit posted and
amounts charged toward the project will be calculated and any charges due
to the City or refunds due to the applicant will be processed.
3.All construction and landscaping shall conform in substance and be
maintained in general conformance with plans labeled Exhibit I. (Dated
January 21, 2005 for identification purposes) and as recommended for
approval by the Planning Commission and ultimately approved by the City
Council. Further, exterior building color and materials shall conform to
the color and materials board submitted to and approved by the Design
Review Committee on December I, 2004. Any change in color of the
exterior of the building initially, or at any time in the future, shall be
subject to review and approval by the Community Development Director.
4. 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.
5. 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.
6. The applicant shall comply with all mitigation measures contained within
the Mitigation Monitoring Plan for Archstone Gateway Project.
7. These conditions will be reprinted on the cover sheet or first page of
construction plans prior to the issuance of building permits.
8. The Archstone Gateway project approval shall not become effective until
the project receives project approval by the City of Anaheim.
The applicant shall submit parking structure floor plans and a site plan
clearly depicting a total of 106 guest parking spaces, 300 sq. ft. of
motorcycle parking and two 5-bicycle racks prior to the issuance
of grading
permits.10.The applicant shall enter into a maintenance agreement with the City
to ensure proper maintenance of buildings, landscaping, and grounds,
to ensure the project meets standards associated with the appearance of
high-end apartments, and to ensure the project provides opportunities for
the City to enforce these standards along the lines of the
maintenance agreement between Orange City Mills Partnership and the
Orange Redevelopment
Agency.
11. The developer/applicant shall provide proof of compliance with the
requirements of the Federal Aviation Administration to the Planning
Division prior to the issuance of building permits. The project applicant
shall file a Notice of Proposed Construction or Alteration with Caltrans to
allow for development of the proposed project within the heliport flight
path.
Desil!n Review Committee:
12. The applicant shall submit final roof plans to the Design Review
Committee prior to issuance of building permits, which demonstrate that
the number of roof vent protrusions have been minimized to the maximum
extent possible through consolidating vents within attic space or similar
methods.
13. The applicant shall submit a final landscape plan and fencing plan to DRC
for review and approval prior to the issuance of building permits. The
City's standard landscape notes shall be incorporated into the final
landscape plan.
14. Prior to the issuance of building permits, the applicant shall submit final
landscape and irrigation plans for review and approval by the Director of
Community Services, or designee. The landscape plan shall clearly
identify the planting legend on the plan with symbol, name, size and
quantity of all plant materials. The landscape plan shall also incorporate all
standard City notes and specifications.
15. The applicant shall incorporate ledger stone or equivalent material to
match the enhancement materials utilized in the exteriors of the clubhouse
and other buildings. This treatment shall be incorporated into the final
drawings for the residential buildings, and landscape areas where
appropriate and submitted to the Design Review Committee for review
and approval prior to issuance of building permits for the apartment units
in Buildings A and B.
16. The applicant shall distinguish those apartment units which are in the City
of Orange from those that are in the City if Anaheim by painting building
corridors varied colors or through similar methods. This treatment shall be
incorporated into the final drawings for the residential buildings and
verified by the Planning Division prior to issuance of building permits for
the apartment units in Buildings A and B.
17. The parking headlight barriers shall be stuccoed and painted to match the
wrapped apartment buildings at those areas visible from the apartment
corridors. This treatment shall be incorporated into the final construction
drawings for the parking structures and verified by the Planning Division
12
prior to the final building permits inspection for the wrapped apartment
buildings (Buildings A and B).
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18. The hardscape areas within the City of Orange and the City of Anaheim
shall be of different and distinct designs in order to facilitate provision of
emergency services to residents. This treatment shall be incorporated into
the final drawings and verified by the Planning Division prior to issuance
of any building permits.
Public Works:
19. The developer shall obtain an approved grading plan and permit from
Public Works Engineering prior to start of construction.
20. The applicant shall submit a Water Quality Management Plan to the Public
Works Department for review and approval prior to the issuance of
grading permits. The plan shall address both construction and long-
term operating conditions on the site. The final site improvement plans
shall meet all City NPDES permit requirements applicable at the time of
permit issuance. Compliance with these requirements shall be verified by
the Public Works Director, or designee, prior to the issuance of
grading
permits.21. The applicant shall prepare a drainage plan for the project for review
and approval by the Public Works Department prior to the issuance of
grading
permits.22. The applicant shall obtain a grading permit from the Public
Works Department prior to the start of site
preparation.23. The applicant shall provide trash enclosures and a trash compactor
on-site per City Standards 408 and 409. These shall be included
on site improvement plans for review and approval by the
Public Works Department prior to the issuance of
grading permits.24.The applicant shall dedicate to the City that 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 ofgradingpermits.I 25.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
26. The applicant shall consolidate all existing parcels into one parcel prior to
the issuance of building permits.
27. The property owner/developer shall submit proof to the City of Orange
Public Works Department that fair-share fees to the Orange
Count Sanitation District (OCSD) to provide for flow monitoring and
evaluation of the existing and future capacity of the OCSD 39-inch sewer
trunk line.The project's fair-share fee shall be determined by OCSD
based on the acreage of the project site as a percentage of the geographic
area that is served by the OCSD 39-inch trunk
line (Newhope-Placentia Trunk). Proof of payment shall be provided prior to the
issuance of a grading permit.28. Prior to the issuance of any building
permits, the property owner/developer shall provide to the City of Orange a "will-
serve" letter from the City of Anaheim which demonstrates
that adequate sewer service shall be provided for that portion ofthe
property
in the City of Anaheim.Police:29. Defensible space principles shall be applied
to the design of the parking structure and the design of the project
stairwells. This shall be verified by the Orange Police Department
prior to issuance of building permits.30. The location of all mailboxes
shall be indicated on the construction drawings for Police Department review
and approval prior to the issuance of building permits. Mailboxes shall
be
sited in well-lit and central locations.31. Pedestrian gates shall
be
keyed for all emergency service providers.Fire:32. The developer shall
be
responsible for the following Fire Department requirements:An approved fire
sprinkler system must be installed throughoutthe building per O.M.C. 15.32.070
Section 1001.10. The system shall be designed per N.F.P.A. 13, U.B.C. Chapter
9, U.B.C. Standards 9-1
and 9-2. The sprinkler system requires 24-hour supervision.
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
I
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 (P.I.
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. (
U.F.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. U.F.
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.I 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 in accordance with U.F.C. Sections
901 and 902.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
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)U.F.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.) U.F.C. Section 902.2.
2.3.Fire Department emergency access must not exceed 12
percent grade.U.F.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 to each
building. U.F.
C.Section 902.4.Provide fire access gates every 150-feet 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 ofthe project.Fire
facility fees will be required.An onsite inspector maybe provided
by the Developer/Builder. The inspector must be approved and
under contract with the Fire Department/City. An office,
phone, and transportation
must
be
provided on
33. 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.
I
34.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.
35.The applicant shall install a City dedicated water system as designed by
the Water Division prior to the issuance of building permits.
36. Each building shall be metered separately unless otherwise approved by
the Water Division.
37. 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.
38. The applicant shall furnish and install individual pressure regulators on
services where the incoming pressure exceeds 80 psi.
39. 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.40. Each building shall be protected with a separate fire service
unless otherwise approved by the Fire Department and Water
Division.41. 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.42. 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.
I 43.The applicant shall furnish a dedicated and graded mlmmum
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 ofthe water plan, and prior to the issuance of
building permits.44. The applicant shall enter into a Decorative hnprovement
Agreement with the City of Orange prior to the final completion and acceptance
of the
water
45. 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.
46. 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.
47. The critical water transmission main that passes through the site from
State College through to the mobile home park shall be upgraded and re-
established prior to the issuance of building permits.
Environmental:
48. 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)49. 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
traffic interference.Minimize obstruction of through-traffic
lanes. When feasible,construction shall be planned so that lane closures
on existing streets are kept
to
I 50.
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 Measure3.
4-1)Prior to issuance of any 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 designee.MitigationMeasure
3.4-2)51. 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 designee. (Mitigation
Measure 3.4-3)52. 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)53.I 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 proj ect site and replaced by engineered
fill in accordance with the grading
code
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 of90 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)54. 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 of7:00 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
and
I 55.
The 8- foot high block wall along the eastern proj ect 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)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 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)56. 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 apartment units located adjacent to State College Boulevard, the I-
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)57.I 58.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 "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 apartment 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)Prior to
the issuance of any grading permits, an Acoustical Analysis Report
shall be submitted to the City of Orange Community Development
Director, or designee, for review and approval. The Acoustical Analysis Report
shall
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 balcony's floor. This
latter standard may be met using glass. In addition, the Acoustical
Analysis Report shall contain satisfactory evidence 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)59. 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
hnpact Insulation Class (IIC) 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 designee. (Mitigation Measure
3.
9-6)60. Prior to the issuance of each building permit for a parking
structure, the property owner/developer shall provide evidence to the
Building Official,or 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)61. Prior to the issuance of the first building
permit for each apartment building, the property owner/developer shall
provide evidence to the Building Official, or designee, of the City of
Orange that the air conditioning compressors for the apartment 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)62. Prior to the first final building and zoning
inspection for the project, the property owner/developer shall provide
evidence to the Building Official,or 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)63. Prior to the first final building and
zoning inspection for the project, the property owner/developer shall
provide
evidence
I 64.
or 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 process. (Mitigation Measure 3.9-
10)Prior to the first final building and zoning inspection for the project,
the property owner/developer shall provide evidence to the Building
Official,or 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)65. 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 adj acent 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. (MitigationMeasure
3.
11.
1-1)66.I 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 the designee. (
Mitigation Measure 3.11.1-2)67. Prior to the issuance of
the first building permit, the property owner/developer shall submit to the
building official or designee of the City of
Orange Community Development Department, Building Division evidence that dual-keyed Knox Rapid
Entry
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)68. Prior to the issuance of the first building permit, the
property owner/developer shall submit to the Building Official or designee of
the City of Orange Community Development Department, Building
Division,for review and approval, building construction plans indicating that
the proposed project will 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)69. 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 their 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 Measure
3.11.2-2)70. 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 the 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)71. 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 the 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
I
Police Department. Plan shall be reviewed and approved by the City of
Orange Police Department. (Mitigation Measure 3.11.2-
4)72.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 the 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 design elements shall be installed
prior to the first final building and zoning inspection for each
building.Mitigation Measure 3.11.
2-5)73. 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 the designee, for review and approval finished
detailed project maps to be supplied to dispatch and patrol officers. (
Mitigation Measure3.
11.2-6)74. 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 the 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 Measure
3.11.2-7)75. 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. (Mitigation
Measure
3.
11.2-8)76.I Prior to the first final building and
zoning inspection and annually (from the first final zoning and building
inspection) during proj ect 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)77. Prior to the first final building
and zoning inspection and annually (from the first final zoning
and
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)78. 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 plans to the City of 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)79. 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 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
80.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 designee. Said Plan shall address and include the
following:
I 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. (Mitigation Measure 3.13.4-
1)81. 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 by both the Public Works Directors, or their designees, for the
Cities of Anaheim and Orange. (Mitigation Measure3.
13.4-2)82. 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. (MitigationMeasure
3.13.4-3)83. 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:I 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
Dual-keyed Knox devices at all vehicle access gates shall be
provided to allow access for trash haulers. (Mitigation Measure 3.13.
4-4)84. The applicant shaH provide an electronic version of final "
as built"building plans for use by safety services that identifies all
units, parking areas and access points. These plans shall be provided prior
to certificate of occupancy to the satisfaction of the Police and Fire Department
in an acceptable
electronic format.
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 hnprovement Program, Fire Facility, Police Facility,
Park Acquisition,Sanitation District, School District, and Eastern
Foothill Transportation Corridor,
as required.Expiration-If not utilized, the Major Site Plan Review
approval expires two years from the approval date. An extension of time may be
permitted upon a written request, if received before
the expiration deadline.ADOPTED this 26th day
of April,
2005.
of
ATTEST:
I
6 G
Clerk, City
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 26th day of April, 2005, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
ia
MaryE.
I
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