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RES-9960 Negative Declaration Approval 434 W. Meats Ave.RESOLUTION NO. 9960 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING NEGATIVE DECLARATION NO. 1746-04, MAJOR SITE PLAN REVIEW NO. 363-04 AND TENTATIVE PARCEL MAP NO. 2004-273 TO ALLOW THE CONSTRUCTION OF A 15 BUILDING INDUSTRIAL CENTER UPON PROPERTY LOCATED APPROXIMATELY 400 FEET WEST OF GLASSELL ON THE SOUTH SIDE OF MEATS AVENUE AT 434 W. MEATS AVENUE. APPLICANT: GUTHRIE DEVELOPMENT COMPANY WHEREAS, Major Site Plan Review No, 363-04 and Tentative Parcel Map No, 2004-273 were filed by Guthrie Development Company in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Major Site Plan Review No, 363-04 and Tentative Parcel Map No, 2004-273 were processed in the time and manner prescribed by state and local law; and WHEREAS, the City Council has considered the information contained in Negative Declaration No, 1746-04 in compliance with the California Environmental Quality Act CEQA) guidelines, including the initial study and comments received during the public review process, and has found that the project will not have a significant adverse impact on the environment or wildlife; and WHEREAS, on November 3, 2004, the Staff Review Committee reviewed Major Site Plan Review No, 363-04 and Tentative Parcel Map No, 2004-273, and recommended approval of the project, subject to conditions; and WHEREAS, on December 15, 2004, the Design Review Committee reviewed the proposed project for architectural design and landscaping and recommended approval of the project, subject to conditions; and I WHEREAS, on March 7, 2005, the Planning Commission conducted one duly advertised public hearing for the purpose of considering Negative Declaration No, 1746-04,Major Site Plan Review No, 363-04 and Tentative Parcel Map No, 2004- 273, and recommended approval of the project, subject to conditions; and WHEREAS, the City Council conducted one duly advertised public hearing on April 26, 2005, for the purpose of considering Negative Declaration No, 1746-04, Major Site Plan Review No, PARCEL 1, AS SHOWN ON A MAP Fll.,ED IN BOOK 73, PAGES 25 AND 26 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that Negative Declaration No, 1746-04, Major Site Plan Review No, 363-04 and Tentative Parcel Map No, 2004-273 to allow the development of a 5 acre site with a 15 building industrial center is hereby approved, based upon the following findings:SECTION 1 - FINDINGS Environmental:1, That there is no evidence before the City Council of the City of Orange that the proposed development of a 5 acre site with a 15 building industrial center will have any potentially adverse environmental impacts, either individually or cumulatively, on wildlife resources or the habitat upon which the wildlife depends, Therefore, the proposed development will not have a significant adverse impact on fish and wildlife,2, That the City Council of the City of Orange has made required findings pursuant to CEQA as set forth in Section 2 below,3, That the data and analysis upon which these findings of fact are based, including those in Section 2 of this resolution, are set forth in Negative Declaration No,1746-04, the staff report for Major Site Plan Review No, 363-04 and Tentative Parcel Map No, 2004-273, staffs oral presentation, public testimony, and Commissioner's comments which constitute the City Council' s review of this application.Proiect:1. The project design is compatible with surrounding development and neighborhoods in that the proposed construction of an industrial center that is comprised of pre-cast tilt-up concrete buildings is compatible with the existing industrial developments in the surrounding area, most of which are also comprised of either pre-cast or pour-in-place concrete buildings,2, The project conforms to City development standards, The Design Review Committee has reviewed the project, and has found that the project design upholds community aesthetics through the use of an internally consistent,integrated design theme that is consistent with all adopted specific plans,applicable design standards and their required findings,3, The project was reviewed by the SRC (Staff Review Committee), which is comprised of representatives from the Community Department, Police Department and Public Works Department. The SRC has determined that existing City services are available and adequate to serve the project, and that the project provides for safe and adequate vehicular and pedestrian circulation, both on and offsite, I 4,The project has been designed to fully mitigate or substantially minimize adverse environmental effects, in that Negative Declaration No, 1746-04 was prepared to ensure that any potential impacts are adequately addressed and mitigated to a level of insignificance,SECTION 2 - ENVIRONMENTAL REVIEW Negative Declaration 1746-04 was prepared to evaluate the potential environmental effects of Major Site Plan Review No, 363-04 and Tentative Parcel Map No, 2004-273, After examining the Initial Study and Negative Declaration, the City Council finds that the project will not have a significant adverse impact on the environment or wildlife resources,SECTION 3 - CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the City Council of the City of Orange approves Major Site Plan Review No, 363-04 and Tentative Parcel Map No, 2004- 273 subject to the following conditions:Planninl! Division:1, Within two (2) 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 7l1.4(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 $43,00,2, All construction shall conform in substance and be maintained in general conformance with plans labeled Exhibits "A" and "B" ( dated March 7, 2005),and as approved by the Planning Commission and ultimately approved by the City Council.I 3,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 permit, save and except that caused by City's active negligence,4, The applicant shall comply with all federal, state and local laws, including all City regulations, Violation of any of those laws in connection with the use will be cause for revocation of this permit. Major Site Plan Review No, 332-04 and Tentative Parcel Map No, 2004-163 shall become null use does not commence within two years from the date of approval. Time extensions may be granted for up to one year pursuant to O,M,C, Section 17,08,060, 5, These conditions shall be reprinted on the cover sheet or first page of construction documents submitted to the Building Division for plan check. 6, Prior to issuance of building permits, applicant shall submit final landscape and irrigation plans to the City's Community Services Department for approval final plans to include City required inspection notes), 7, The applicant shall submit signage plans (sign program) to the Design Review Committee for approval. The signage program shall be made a part of the CC & R's, 8, Perimeter fencing shall be 6 ft, high, coated, chain-link fence in green color,Fire Denartment:9, 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, U,B,C, Chapter 9, U,B,C, Standards 9-1 and 9-2, The sprinkler system requires 24-hour supervision,10, 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.11, The Fire Department Connection (FDe) 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,12, 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.13. The number and location of hydrants shall be determined by 14, 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. 15,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),I 16. The installation of gates, traffic calming methods and speed humps or bumps shall be reviewed by the Fire Department prior to installation, 17, 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 Citv of Orange Fire Departments Fire Lane Standards, 18, The Fire Department access roadway shall be provided with an adequate turning radius for Fire Department apparatus, (A 45 foot outside and 25 foot inside radius is required,) U,F,C. Section 902,2,2,3, 19, Fire department emergency access must not exceed 12 percent grade. U,F,C, Section 902.2,2,6, 20. All mechanical gates shall be provided with a key-operated override switch per City of Orange Ordinance 9-84, In the case of power failure the gate shall fail in the open position and shall be operable with out any special tools,21, 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 902.4,22, Construction plans shall include a site plan and landscape plan detailing exiting from outside the building to a public way, Details on the type of ground covering, hardscape, gates and latching and locking hardware shall be provided on the plans,I Police Department:23, All new construction shall comply with the City of Orange Building Security Standards, (Ordinance 15,52 reference #7-79),24, Prior to the issuance of building permits, the applicant shall submit lighting photometric plans to the Police Department Crime Prevention Bureau for review Public Works Department: 25, A final parcel map shall be recorded within 24 months after tentative approval and prior to the sale or lease of any parcel. 26, Monuments shall be set based on a field survey, 27, All on-site and off-site improvements such as sidewalks, curb & gutter, drive aprons and pavement shall be repaired or replaced if damaged or deteriorated.28, On-site drainage facilities shall be improved as required by the Public Works Department.29, The applicant shall construct off-site drainage facilities beyond the property boundary as required by the Public Works Department.30, The applicant shall install streetlights and street trees on Meats Avenue per City standards as required by the Public Works Department.31, The applicant shall dedicate to the City of Orange, the right to enter the private streets for maintenance of public utilities, emergency access, trash collection,etc,32, An owner's association shall be formed and be responsible for the maintenance of all common areas, private utilities and sanitary sewer system,33, Prior to approval of the final Map, Covenants, Conditions and Restrictions (CC R's) shall be recorded with the Orange County Recorder' s Office, 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, Those aspects that are zoning in nature shall be structured so that it cannot be rescinded or modified without City approval. The City shall have discretion to enforce provisions that are zoning in nature, Prior to recordation, 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 cost incurred for the review of the CC & R's by the City Attorney, Public Works Director and the Community Development Director at the City' s hourly billing rate,34, Prior to issuance of building permits, the applicant shall submit grading plans to the Public Works Department for review and approval ( grading plans to indicate the locations of all buildings, parking lot areas, drainage systems, and trash enclosure areas),35, Prior to issuance of building permits, the applicant shall submit improvement plans to the Public Works Department for review plans to indicate the locations of all curbs & gutters, sewer lines, storm drains, water utility systems, street lights, street trees, etc,}, 36,Building foundation design adjacent to the City storm drain easement and driveway pavement design over the City storm drain easement shall be submitted to the Public Works Department for review and approval. I 37,Prior to issuance of grading permit, the locations of all trash enclosures shall be submitted to the Public Works Department for review and approval. All trash enclosures shall be constructed per City of Orange Standard Plan No, 409, 38, Prior to issuance of building permits, the applicant shall submit and obtain approval from the Public Works Department, a Water Quality Management Plan WQMP) specifically identifYing non-structural and structural Best Management Practices (BMP's) that will be used on-site to control predictable pollutant nm-offs, Structural BMP's shall be included on the grading plans, A copy of the Notice of Intent from the State Water Resources Control Board will be required prior to grading permit issuance, Water Division:39, Each building shall be metered separately unless otherwise approved by the Water Division,40, The applicant shall submit improvement plans to the Water Division for relocations and new installations for review and approval prior to the issuance of building permits,41. The applicant shall satisfy all water bond requirements for the installation of the water improvements as determined by the Water Division prior to approval of the water plan,42, The developer's contractor shall provide material submittals to the Water Division Inspector for approval a minimum of fourteen calendar days prior to construction,43,The applicant shall furnish and install individual pressure regulators on services where the incoming pressure exceeds 80 psi,I 44,The applicant shall satisfy all water main connection, plan check, and inspection charges as determined by the Water Division, 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 Prior to issuance of building permits, the applicant shall pay all applicable development fees, including but not limited to: City Sewer Connection Fee, Orange County Sanitation District Connection Fee, Transportation System Improvement Program Fee, Fire Facility Fee, Police Facility Fee, Park Acquisition Fee, Sanitation District Fee, School District Fee, and Eastern Foothill Transportation Corridor Fee, as required, Expiration: If not utilized, project approval expires two years from the approval date, Extension of time may be granted in accordance with Orange Municipal Code Section 17,08,060, Violations of conditions of approval constitute a violation of the Orange Municipal Code, per Orange Municipal Code Section l7.10,030,G, ADOPTED this 26th day of April, 2005, ATTEST: range 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 cL Mary E, ~ty Clerk, Ci;'~[~ e 8