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RES-10012 Mitigated Negative Declaration Approval 3091 W. Chapman Ave.RESOLUTION NO. 10012 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING THE ADDENDUM TO MITIGATED NEGATIVE DECLARATION NO. 1723-03, AMENDED CONDITIONAL USE PERMIT NO. 2478-03 AND TENTATIVE TRACT MAP NO. 16880 TO ALLOW THE CONVERSION OF 279 UNITS FROM APARTMENTS TO 278 CONDOMINIUMS WITHIN A MIXED-USE DEVELOPMENT AT 3091 WEST CHAPMAN AVENUE APPLICANT: TRAMMELL CROW RESIDENTIAL WHEREAS, an amendment to Conditional Use Permit No. 2478-03 and Tentative Tract Map No. 16880 were filed by Trammell Crow Residential in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, an amendment to Conditional Use Permit No. 2478-03 and Tentative Tract Map No. 16880 were processed in the time and manner prescribed by state and local law; and WHEREAS, the City Council has considered the information contained in the Addendum to Mitigated Negative Declaration No. 1723-03 and has found that the conversion of the apartment units into condominiums and an expanded retail area will not result in any significant environmental impacts that have not already been addressed in the MND, and that no new mitigation measures are required. This includes the entitlements required to facilitate this change; and WHEREAS, on June 29, 2005, and July 27 2005, the Staff Review Committee reviewed an amendment to Conditional Use Permit No. 2478-03 and Tentative Tract Map No. 16880 and on July 27, 2005, recommended that the application proceed subject to conditions; and I WHEREAS, the Planning Commission conducted one duly advertised public hearing on August 8, 2005, at which time interested persons had an opportunity to testify either in support of or opposition to the proposal and for the purpose of considering an amendment to Conditional Use Permit No. 2478-03 and Tentative Tract Map No.16880, and an addendum to Mitigated Negative Declaration No. 1723-03, upon property described as follows: THAT PORTION OF LOT 9 OF THE LOCKHART TRACT IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 4, PAGES 512 AND 513 OF MISCELLANEOUS RECORDS OF LOS ANGELES, DESCRIBED AS FOLLOWS; PARCEL I AS SHOWN ON A MAP THEREOF FILE IN BOOK 23 PAGE 33 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THAT CERTAIN 25 FOOT TRIANGULAR PORTION THEREOF IN THE MOST WESTERLY CORNER DESCRIBED IN THE DEED TO CITY OF ORANGE RECORDED MARCH 24, 1971 IN BOOK 9581, PAGE 103, OF OFFICIAL RECORDS, AND SUBJECT TO THE MATTERS REFERRED TO IN EXHIBIT "A: ATTACHED HERE TO AND HEREBY MADE A PART HEREOF. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the Addendum to Mitigated Negative Declaration No. 1723-03, amendment to Conditional Use Permit No. 2478-03 and Tentative Tract Map No. 16880 to allow the conversion of 279 units from apartments to 278 condominiums within a mixed-use development based on the following findings: SECTION 1 - FINDINGS 1. The project design continues to be compatible with surrounding development and neighborhoods in that the adjoining area is developed with a commercial office complex to the north and a mobile home park to the west. Further west of the project site are high-intensity developments that include the UC Irvine Medical Center, major hotels, high-rise offices, County facilities, and The Block at Orange shopping center. Given the property's proximity to the 1-5 Freeway and frontage along a major arterial highway, the scale and character of the proposed project is appropriate for the area in which it is located. Furthermore, 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 the applicable development standards, and is consistent with the City's adopted special design guidelines for the area. The City's Design Review Committee (DRC) has reviewed the project's architectural design, exterior finish colors and material, and landscaping concept plans for conformance with the Southwest Design Standards. The DRC determined that the project as proposed, has an internally consistent, integrated design theme that 2 I I is reflected in the use of creative building elements and architectural features in achieving a high quality project with visual interest and a contemporary architectural style. 3.Conditional Use Permit No. 2478-03 is being amended to provide for affordable housing for moderate-income households and to allow for additional retail space. 4.The project has met the prOVISIOns of Section 17.30.040 of the Orange Municipal Code regarding Condominium Conversions and it is consistent with the City's General Plan. 5. The proj ect will not cause a deterioration to surrounding land uses or create special problems in the community, in that it is of a scale and character that is appropriate for the substantial freeways and Chapman Avenue roadway, and the existing Uptown at Orange Specific Plan establishes 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 east ofSR-57. 6. The site is physically suited for the proposed subdivision in that the density of development is consistent with the City of Orange General Plan, and the Uptown at Orange Specific Plan. 7. The design and the types of subdivision improvements will not conflict with public easements for access through or use of property within the proposed subdivision in that the Map has provided for the necessary public easements. 8.The proposed project provides for safe and adequate vehicular and pedestrian circulation, both on and off-site. All the primary vehicular access points are located on Rampart Street in an effort to avoid conflicts with fast moving traffic on Chapman Avenue. The driveway that runs along the east property line is used only as an emergency access for Fire Department apparatus. The proposed project is conveniently located to four OCTA bus stops, and a bus route that provides access to and from the Orange Transportation Center/Metrolink Station. The project site is also within walking distance of The City Center, a major hub of employment and retail activity. 9.The City's Public Works, Fire, and Police Departments have reviewed the project and indicated that existing infrastructure and City services are available and adequate to serve the project. These City departments have indicated that with adoption of the proposed mitigation measures, conditions of approval, and application of code requirements, potential impacts to City services are adequately addressed. 3 10. The proposed project has been designed to mitigate or substantially minimize adverse environmental effects in that Mitigated Negative Declaration No. 1723- 03 includes mitigation measures that reduce potential impacts to less-than- significant levels. Adoption of Mitigated Negative Declaration No. 1723-03, Addendum to Mitigated Negative Declaration No. 1723-03 and associated Mitigation Monitoring Program continues to ensure that potential impacts are adequately addressed. 11. The residential development allowed by the land use changes support the implementation of the City's 2001 Housing Element, which identifies Uptown Orange as an UnderutilizedlRedevelopment Site that has the potential to accommodate 500-850 new dwelling units. 12. There is no evidence before the City of Orange that the proposed project 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. 13. That the City of Orange has made required findings pursuant to CEQA as set forth in Section 2 below. 14. 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 the staff report for the Addendum to Mitigated Negative Declaration No. 1723-03, Amended Conditional Use Permit No. 2478-03 and Tentative Tract Map No. 16880, Commissioner's comments, staffs oral presentation and public testimony which constitute the City Council's review ofthis application. SECTION 2 - ENVIRONMENTAL REVIEW 1. An Addendum to Mitigated Negative Declaration No. 1723-03 was prepared for Amended Conditional Use Permit No. 2478-03 and Tentative Tract Map No. 16880 in compliance with the California Environmental Quality Act and associated Guidelines. 2. The City Council finds that the Addendum to Mitigated Negative Declaration No. 1723-03 contains an adequate assessment of the potential environmental impacts of Amended Conditional Use Permit No. 2478-03 and Tentative Tract Map No. 16880. 3. The City Council finds that because none of the conditions identified with Section 15162 of the CEQA Guidelines have occurred, the preparation of an 4 Addendum to adopted MND is appropriate and consistent with Section 15164 of the CEQA Guidelines. SECTION 3 - CONDITIONS OF APPROVAL I BE IT FURTHER RESOLVED that the following conditions are imposed with approval: General- The conditions listed below are conditions associated with the new minI! of Tentative Tract Map No. 16880 and Amended Conditional Use Permit No. 2478-05. These conditions are in addition to those conditions I!iven previouslv to the approved Maior Site Plan Review No. 286-03. I. Within two (2) days of final approval of this project, the applicant shall deliver to the Plaoning Division a cashiers check payable to the Oraoge County Clerk in ao amount required to fulfill the fee requirements of Fish aod Game Code Section 711.4(d)(2) aod 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 wilJ be no impact upon wildlife resources, the fee shall be $43.00. 2. The Subdivision shall conform in substaoce aod be maintained in general conformance with plaos dated May 13, 2005 and as recommended for approval by the City Council. 3. The applicaot agrees to indemnify, hold harmless, and defend the City, its officers, agents aod employees from any aod 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. 4. The applicant shall comply with all federal, state, and local laws, including all City regulations. Violation of any of those laws will be cause for revocation of this permit. 5. These conditions shall be reprinted on the cover sheet or first page of construction documents prior to the issuance of building permits. I Planninl! - The conditions listed below are conditions associated with the new minI! of Tentative Tract Map No. 16880 and Amended Conditional Use Permit No. 2478-05. These conditions are in addition to those conditions I!iven previouslv to the approved Maior Site Plan Review No. 286-03. 6. The project shall include a requirement that 14 (five percent) of the 278 condominiums units shall be reserved for sale to moderate income families, for a 5 period of 45 years, specifically 11 one-bedroom units and three two bedroom units shall be designated for this afford ability restriction. 7. 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 outline 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 costs 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. Hui/dinl!- The conditions listed below are conditions associated with the new filinl! of Tentative Tract Map No. 16880. These conditions are in addition to those conditions I!iven previouslv to the approved Maior Site Plan Review No. 286-03. 8. The condominium units shall have air space between common walls, in order to support separate ownership. Public Works - The conditions listed below are conditions associated with the new minI! of Tentative Tract Map No. 16880 and Amended Conditional Use Permit No. 2478-05. These conditions are in addition to those conditions I!iven previouslv to the approved Maior Site Plan Review No. 286-03. 9. A Water Resale Agreement shall be entered into with the City of Orange Water Division for the water sub-meters. 10. 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. Police Department The conditions I!iven previouslv to the annroved Maior Site Plan Review No. 286-03 are stilI in effect. Fire Denartment The conditions I!iven nreviouslv to the approved Major Site Plan Review No. 286-03 ar€ stilI in effect. 6 Water Division The conditions e:iven previouslv to the approved Maior Site Plan Review No. 286-03 are still in effect. I Environmental - No new conditions are required for the new mine: of Tentative Tract Map No. 16880. The conditions e:iven previouslv to the approved Maior Site Plan Review No. 286-03 address all enviroumental issues. Thev are listed below for clarification purposes onlv. II. Lighting on the site shall be directed, controlled, screened or shaded in such a manner as not to shine directly on surrounding premises, in accordance with the City of Orange Municipal Ordinance Section 17.12.030. Furthermore, lighting on any residential property shall be controlled so as to prevent glare or direct illumination of any public sidewalk or thoroughfares. These conditions shall be verified by the Police Department prior to the issuance of certificates of occupancy for each phase of construction. (Mitigation Measure AES-l) 12. All on-site security lighting shall comply with Police Department lighting standards. Prior to the issuance of building permits, the Police Department shall review and approve project lighting, including but not limited to 24-hour lighting in all appropriate residential corridors and parking structure areas. Mitigation Measure AES-2) 13. The following dust suppression measures in the SCAQMD CEOA Air Oualitv Handbook shall be included as part of the project's construction: I Re-vegetate disturbed areas as quickly as possible. All excavating and grading operations shall be suspended when wind speeds (as instantaneous gusts) exceed 25 mph. All streets shall be swept once per day if visible soil materials are carried to adjacent streets (recommend water sweepers with reclaimed water). Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash trucks and any equipment leaving the site each trip. All on-site roads shall be paved as soon as feasible, watered periodically, or chemically stabilized. The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. Mitigation Measure AQ-l) 14. The Construction Contractor shall select the construction equipment used on-site based on low emission factors and high-energy efficiency. The Construction Contractor shall ensure that construction-grading plans include a statement that 7 all construction equipment would be tuned and maintained in accordance with the manufacturer's specifications. (Mitigation Measure AQ-2) 15. The Construction Contractor shall utilize electric or diesel powered equipment in lieu of gasoline-powered engines, where feasible. (Mitigation Measure AQ- 3) 16. The Construction Contractor shall ensure that construction-grading plans include a statement that work crews would shut off equipment when not in use. During smog season (May through October), the overall length of the construction period would be extended; thereby decreasing the size of the area prepared each day, to minimize vehicles and equipment operating at the same time. Mitigation Measure AQ-4) 17. The Construction Contractor shall time the construction activities so as to not interfere with peak-hour traffic and minimize obstruction of through traffic lanes adjacent to the site; if necessary, a flag person shall be retained to maintain safety adjacent to existing roadways. (Mitigation Measure AQ-S) 18. The Construction Contractor shall support and encourage ridesharing and transit incentives for the construction crew. (Mitigation Measure AQ-6) Cultural Resources 19. An Orange County certified archaeologist/paleontologist shall be retained on- site to monitor all earthmoving activities, including grading of the site. Mitigation Measure CLU-l) 20. If previously unidentified archaeological resources are uncovered during construction activities, including site preparation and grading, the archaeologicallpaleontological monitor shall temporarily halt or divert grading in the immediate area of the discovery and evaluate the resources. If the archaeologist/paleontologist determines that they are unique archaeological resources as defined by Section 21083.2 of CEQA, then the archaeologist/paleontologist shall conduct additional excavations to avoid impacts to these resources by the development. If they are not "unique," then no further mitigation would be required. Unique cultural resources shall be determined based on the criteria set forth in Section 21083.3 of CEO A. Ifunique resources are found, they shall be salvaged and collected in compliance with all applicable regulations, and shall be sent to a designated museum or agency. Mitigation Measure CLU-2) 21. If cultural resources are uncovered during grading activities, grading activity in the affected area(s) shall cease, per Mitigated Measure CUL2, and a Native 8 American monitor shall be brought on-site to assist in the identification and recovery of items. (Mitigation Measure CLU-3) Geolol!V and Soils I 22.All structures shall be designed as confirmed during the building design plan checking, to withstand anticipated ground shaking caused by future earthquakes within an acceptable level of risk, i.e., high risk zone, as designated by the City's latest adopted edition of the Uniform Building Code. (Mitigation Measure GEO-l) 23. Prior to the issuance of a grading permit, a site specific geologic and soils report shall be prepared by a registered geologist or soils engineer and submitted to the City Community Development Department for approval. The report shall specifY design parameters necessary to remediate any soil and geologic hazards. Mitigation Measure GEO-2) 24. Precise grading plans shall include an Erosion, Siltation and Dust Control Plan to be approved by the City's Community Development Department. The Plan's provisions may include sedimentation basins, sand bagging, soil compaction, revegetation, temporary irrigation, scheduling and time limits on grading activities, and construction equipment restrictions on-site. This plan shall also demonstrate compliance with South Coast Air Quality Management District Rule 403, which regulates fugitive dust control. (Mitigation Measure GEO-3) 25. The applicant shall install an area drain system in planter areas to prevent pooling of surface water. This system shall be indicated on the drainage and/or landscape plan (as appropriate) and verified with the Landscape Coordinator, in coordination with the Public Works Department, prior to the issuance of building permits. (Mitigation Measure GEO-4) 26. The applicant shall install an area drain system in planter areas to prevent pooling of surface water. This system shall be indicated on the drainage and/or landscape plan ( as appropriate) and verified with the Landscape Coordinator, in coordination with the Public Works Department, prior to the issuance of building permits. (Mitigation Measure GEO-S) I Hazards and Hazardous Materials 27. Intrusive sampling and subsequent abatement shall be required for asbestos containing material (ACM) in the Orange Garden Inn. Identified and presumed ACMs shall be removed prior to demolition activities that may disturb them. A California licensed asbestos abatement contractor shall conduct abatement 9 activities. Oversight and air monitoring shall be conducted during any abatement activities by a qualified and certified consultant. (Mitigation Measure HAZ-l) Hvdrolol!V and Water Qualitv 28. Prior to issuance of building permits, the applicant shall obtain a Construction Activities General Permit from the State Water Resources Control Board/Santa Ana Regional Water Quality Control Board. Evidence that this has been obtained shall be submitted to the City Public Works Department. (Mitigation Measure HWQ-l) 29. Prior to issuance of building permits, the applicant shall submit for approval by the City's Public Works Department, a Water Quality Management Plan WQMP) specifically identifYing Best Management Practices (BMPs) that shall be used on-site to control predictable pollutant runoff. These measures would be stipulated in the Storm Water Pollution Prevention Plan (SWPPP) for review and verification by the Public Works Director, or designee, prior to the issuance of grading permits. (Mitigation Measure HWQ-2) 30. Fossil filters or their equivalent shall be installed in the storm drains on the project site to provide detention and filtering of contaminates in urban runoff from the developed site. (Mitigation Measure HWQ-3) 31. Inlet inserts shall be installed in the storm drains on the project site in order to prevent any backflow of water from the storm drains onto the project site. Mitigation Measure HWQ-4) 32. Timely maintenance shall be required by the project applicant of storm drains to ensure that inserts and filters are kept in optimum working order. (Mitigation Measure HWQ-5) Noise 33. During all project site excavation and grading, the Construction Contractor shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. (Mitigation Measure N-l) 34. During all project site excavation and grading, the Construction Contractor shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. (Mitigation Measure N-2) 10 35. The Construction Contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. (Mitigation Measure N-3) I 36.The Construction Contractor shall locate equipment staging in areas that would create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. Mitigation Measure N-4) 37. The Construction Contractor shall restrict all construction-related activities that would result in high noise levels between the hours of8:00 PM and 7:00 AM on weekdays, including Saturday, or at any time on Sunday or a federal holiday. Mitigation Measure N-S) 38. An air conditioning system, a form of mechanical ventilation, shall be required for the following project areas: Frontline units along Rampart Street; All bedrooms with exposure to the traffic on 1-5; and Ground-floor retail/commercial uses. Mitigation Measure N-6) 39 Double-paned windows with a minimum STC-37 shall be required for all units fronting 1-5 on the fourth floor. Double-paned windows with a minimum STC- 35 shall be required for all units fronting 1-5 on the third floor. Double-paned windows with a minimum STC-34 shall be required for all units fronting 1-5 on the second floor. Double-paned windows with a minimum STC-33 shall be required for all units fronting 1-5 on the ground floor. (Mitigation Measure N- 7) 40. A six-foot solid sound barrier for patios and balconies associated with frontline dwelling units on the side facing 1-5 shall be required to reduce the exterior noise level to 70 dBA CNEL or lower. (Mitigation Measure N-8) Public Services I 41.Prior to the issuance of a building permit, the applicant shall submit an emergency access plan to the City of Orange Fire Department for review and approval. This Plan shall identify alternate routes for emergency access during construction activities. (Mitigation Measure PS-l) 11 42. The applicant shall pay all applicable fire facility fees required by the City of Orange Fire Department prior to the issuance of any building permits. Mitigation Measure 5.7-7) 43. Sufficient accessibility for fire-fighting equipment shall be provided during all phases of construction and subsequent operation. (Mitigation Measure PS-3) 44. The Orange Fire Department shall review and approve development plans to ensure that access and fire protection facilities are available prior to the issuance of building permits. (Mitigation Measure PS-4) 45. Prior to the issuance of a building permit, the applicant shall submit an emergency access plan to the City of Orange Police Department. This plan would identify alternate routes for emergency access during construction, to area potentially blocked by project-related construction activities. (Mitigation Measure PS-5) 46. The applicant shall pay all applicable school impact fees to the Orange Unified School District prior to the issuance of any building permits. (Mitigation Measnre PS-6) 47. The applicant shall pay all applicable park impact fees to the City of Orange prior to the issuance of any building permits. (Mitigation Measure PS-7) Transportation/Traffic 48. The applicant shall be responsible for the payment of City of Orange traffic improvement fees. (Mitigation Measure T -1) Utilities and Service Systems 49. The applicant shall coordinate with the City of Orange Public Works Department and the Orange County Sanitation District regarding the depths and locations existing and proposed sewer conveyance facilities. This coordination shall occur prior to the issuance of grading permits. (Mitigation Measure UTIL-l) 50. The applicant shall coordinate with the City of Orange Public Works Department -Water Division regarding the depths and locations existing and proposed water main facilities. This coordination shall occur prior to the issuance of grading permits. The applicant shall inform the Director of Public Works, or designee, of any planned service interruptions at least one week prior to that interruption, and notify owners and tenants of affected properties one 12 week in advance. Proof of notification shall be provided to the Public Works Director. (Mitigation Measure UTIL-2) 51.Water conservation measures recommended by the State Department of Water Resources and applicable state laws requiring the use of water-efficient plumbing fixtures and recommendations for low-water-using landscaping shall be incorporated into proj ect design plans, as appropriate. Use of such fixtures shall be verified by the City's Building Official or designee, and Landscape Coordinator prior to the issuance of building permits. (Mitigation Measure UTIL-3) I 52. The Construction Contractor shall reduce construction-generated waste according to state law by 50 percent. The applicant or contractor shall submit a construction waste management plan explaining the practices that would be used to achieve this level of reduction. This plan shall be reviewed and accepted hy the City's Solid Waste Management Coordinator prior to the issuance of grading permits. (Mitigation Measure UTIL-4) 53. Future residential, retail and office uses, included as part of the proposed project, shall adhere to all applicable source reduction and recycling programs for the disposal of solid waste, as required by the City of Orange. (Mitigation Measure UTIL-5) 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 proj eel: Prior to issuance of building permits, the applicant shall pay all applicable development fees, including but not limited to: Orange County Sanitation District Fee, City Sewer Connection Fee, Transportation System Improvement Program Fee, Police Facility Fee, Fire Facility Fee, Park Dedication and In Lieu Quimby) Fee, Park and Recreational Facilities Development Impact Fee, Library Facilities Development Impact Fee, and School Development Fee Collected by the Orange Unified School District), as required. I If not utilized, Conditional Use Permit No. 2478-03 and Major Site Plan Review No. 286-03 expire two (2) years from the approval date. An extension of time may be permitted upon a written request, if received before the expiration deadline. 13 Expiration-If not utilized, the Tentative Tract Map approval expires two years from the approval date. An extension of time may be permitted upon a written request, ifreceived before the expiration deadline. 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 Foothill Transportation Corridor, as required. ADOPTED this 13th day of September, 2005. ATTEST: t,- !/1 t Mary E. 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 13th day of September, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None Mary E. 6 City Clerk, 14