RES-9973 Mitigated Negative Declaration Approval 501 W. Maple Ave.RESOLUTION NO. 9973
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING MITIGATED
NEGATIVE DECLARATION NO. 1737-
04,GENERAL PLAN AMENDMENT NO.
2004-0006,SANTA FE DEPOT SPECIFIC
PLAN AMENDMENT NO.2, MAJOR SITE PLAN REVIEW
NO. 358-04,DESIGN REVIEW
COMMITTEE NO. 3944-04,TENTATIVE TRACT
MAP NO. 16786, AND DEMOLITION
REVIEW FOR A NON-CONTRIBUTING
STRUCTURE IN THE OLD TOWNE HISTORIC
DISTRICT TO ALLOW FOR THE
DEVELOPMENT OF THIRTY-TWO, FOR SALE RESIDENTIAL LOFTS
ON 1.82 ACRES OF LAND, LOCATED
AT 501 WEST MAPLE
AVENUE
APPLICANT: THE OLSON COMPANY I WHEREAS, General Plan Amendment No. 2004-
0006, Santa Fe Depot Specific Plan Amendment No.2, Major Site Plan Review No.
358-04, Design Review Committee No. 3944-04, Tentative Tract Map No. 16786,
and the Demolition Review for a Non-Contributing Structure in the Old Towne Historic District
were filed by The Olson Company in accordance with the provisions
of the City of Orange Municipal Code; and WHEREAS, General Plan
Amendment No. 2004-0006, Santa Fe Depot Specific Plan Amendment No.2, Major Site
Plan Review No. 358-04, Design Review Committee No. 3944-04, Tentative Tract
Map No. 16786, and the Demolition Review for a Non-Contributing Structure in the Old
Towne Historic District were processed in
the time and manner prescribed by state and local law; and
WHEREAS, the City Council has considered the information contained in Mitigated
Negative Declaration No. 1737-04, including the Draft Mitigated Negative Declaration (DMND),comments received
during the public review period for the DMND, and Response to Comments,and has
found that adoption of mitigation measures and conditions of approval to address
potential impacts to aesthetics, air quality, cultural resources, hazards and hazardous materials,hydrology
and water quality, land use, noise, transportation/traffic, and utilities and service
systems, the project will not significantly impact the environment or wildlife; and WHEREAS, on June
29, 2005, July 6, 2005 and July 20, 2005 the Staff Review
Committee reviewed General Plan Amendment No. 2004-0006, Santa Fe Depot Specific Plan Amendment
No.2, Major Site Plan Review No. 358-04, Design Review Committee No. 3944-
04, Tentative Tract Map No. 16786 and the Demolition Review for a Non-Contributing Structure in the
Old Towne Historic District and on July 6,2005 recommended that the
application and the Mitigated Negative Declaration proceed subject
WHEREAS, on July 6, 2005 and July 20, 2005 the Design Review Committee reviewed
the design of the buildings and landscaping associated with General Plan Amendment No. 2004-
0006, Santa Fe Depot Specific Plan Amendment No.2, Major Site Plan Review No. 358-
04,Design Review Committee No. 3944-04, Tentative Tract Map No. 16786, and
the Demolition Review for a Non-Contributing Structure in the Old Towne Historic District, and
on July 20,2005 recommended that the project proceed subject
to conditions; and WHEREAS, the Planning Commission conducted one duly advertised
public hearing on September 7, 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 Mitigated Negative Declaration No. 1737-04, General Plan Amendment No. 2004-
0006, Santa Fe Depot Specific Plan Amendment No.2, Major Site Plan Review No.
358-04, Design Review Committee No.3944-04, Tentative Tract Map No. 16786,
and the Demolition Review for a Non-contributing Structure in the Old
Towne Historic District upon property described as follows:PROPOSED TRACT
MAP "MAPLE
AND PIXLEY", BEING A SUBDNISION OF THE FOLLOWING:LOT I OF BLOCK "D" OF
THE SPOTTS VILLA TRACT, IN THE CITY OF ORANGE, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3,
PAGE 45 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.NOW, THEREFORE, BE IT RESOLVED by
the City Council of the City of Orange that Mitigated Negative
Declaration No. 1737-04, General Plan Amendment No. 2004-0006,Santa Fe Depot Specific Plan
Amendment No.2, Major Site Plan Review No. 358-04, Design Review Committee No. 3944-
04, Tentative Tract Map No. 16786 and a Demolition Review for a Non-
Contributing Structure to change the General Plan land use designation from Industrial to Old Towne Mixed
Use (6-24 dwelling units/acre), amend the Santa Fe Depot Specific Plan, and
change the existing zoning from M-I (Light Industrial) to R-3 (Residential
Multiple Family) with Mixed Use SFDSP Overlay Zoning, to allow for the construction of thirty-two, for-
sale residential lofts, three of which
are proposed as live/
work, on 1.82-acres of land is hereby approved based on
the following findings:SECTION 1 - FINDINGS I. The project design is compatible with surrounding
development and neighborhoods in that the vicinity of the site is in a transitional
area with multiple-family residential uses to the west and north, multiple-residential and industrial to
the south, and the Santa Fe Depot City parking lot to the east. The project
would serve as a buffer between the residential uses and the Santa Fe Depot
to the east, and would provide visual transition from the Santa Fe Depot and the industrial uses
to the east.2. The uniqueness of this site, based on its location in
a transitional area as described
this site in order to ensure that this project is compatible with adjacent properties,
supports the development of this Transit Oriented Development, as regulated by the
Development Standards in Section LA.9.k. of the Santa Fe Depot Specific Plan.
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3.Approval of this project by the City Council is based on the finding that this site is
unique due to its size, configuration, and location, and that the development standards
and the proj ect proposed for this site are not to be used as precedent for other future
development proposals within the Old Towne Historic District and/or the Santa Fe
Depot Specific Plan.
4. After application of the General Plan Amendment, the Santa Fe Depot Specific Plan
Amendment, and the related Zone Change, the project conforms to City development
standards. The project has been reviewed by the City's Design Review Committee
for conformance with the City of Orange Municipal Code.
5. The proj ect provides for safe and adequate vehicular and pedestrian circulation, both
on- and off-site. Access to the site will be from Maple Avenue, where vehicles
may enter and exit. The project also provides a total of eighty-one parking
spaces, with eighty parking spaces required by the
City Code.6. 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.7. The project has been designed to fully mitigate potential
adverse environmental effects in that Mitigated Negative Declaration No. 1737-04 was
prepared and includes mitigation measures that reduce potential impacts to aesthetics,
air quality, cultural resources, hazards and hazardous materials, hydrology and water
quality, land use,noise, transportation/traffic, and utilities and service systems.
Adoption of Mitigated Negative Declaration No. 1737-04 and the
associated Mitigation Monitoring Program will ensure that
potential impacts are addressed.8.The residential development allowed by General
Plan Amendment No. 2004-0006,Santa Fe Depot Specific Plan Amendment No.2, and
related Zone Change No. 1230-04, and the accompanying entitlement actions, will
result in five moderate income housing units. These land uses changes support the
implementation of the City's 2001 Housing Element that indicates the City will continue
to encourage and assist in the provision of housing affordable tolower
and moderate income households.I 9. The proj ect fulfills a demand for affordable housing,
which is currently not provided for
by the existing housing stock.10. The project conforms to the goals set forth in
the General Plan Housing Element.
II. The proj ect will not have a significant adverse impact on traffic volumes and road
capacities, school enrollment, or recreational resources.
12. That there is no evidence before the City Council of the City of Orange that the
proposed General Plan Amendment No. 2004-0006, Santa Fe Depot Specific
Plan Amendment No.2, Major Site Plan Review No. 358-04, Design
Review Committee No. 3944-04, Tentative Tract Map No. 16786, and the Demolition
of a Non-Contributing Structure in the Old Towne Historic District 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 Mitigated Negative Declaration No. 1737-04, General Plan
Amendment No. 2004-0006, Santa Fe Depot Specific Plan Amendment No.2, Major
Site Plan Review No. 358-04,Design Review Committee No. 3944-04,
and Tentative Tract Map No. 16786, the Demolition of a Non-contributing
Structure in the Old Towne Historic District, staffs oral
presentation, public testimony, and Planning Commissioner comments which constitute
the City Council's review
of this application.SECTION 2 - ENVIRONMENTAL REVIEW 1. Mitigated Negative Declaration
No. 1737-04 was prepared for General Plan Amendment No. 2004-0006,
Santa Fe Depot Specific Plan Amendment No.2, Major Site Plan
Review No. 358-04, Design Review Committee No. 3944-04, Tentative Tract Map No.
16786 and the Demolition of a Non-Contributing Structure in the
Old Towne Historic
District in compliance with the California Environmental Quality Act and associated Guidelines.2.
The City Council finds that the Mitigated Negative Declaration contains an
adequate assessment of the potential environmental impacts of General Plan Amendment No.2004-
0006, Santa Fe Depot Specific Plan Amendment No.2, Major Site Plan
Review No. 358-04, Design Review Committee No. 3944-04, Tentative Tract
Map No. 16786 and the Demolition of a Non-Contributing Structure
in the Old Towne Historic District. The City Council finds that all potentially
significant adverse environmental impacts can be mitigated to a level
of insignificance. Therefore, the City Council hereby approves Mitigated Negative Declaration No. 1737-
04
and adopts the Mitigation Monitoring Program
presented in draft form in
BE IT FURTHER RESOLVED that the following conditions are imposed with
approval:
General
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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 $43.00.
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, the applicant 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 C (dated August 16, 2005-site
plan,floor plan, landscape plans and elevations; and August 22, 2005- Tentative Tract
Map 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 July 20,2005. 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.
I 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. These conditions will be reprinted on the cover sheet or first page of
construction plans prior to the issuance of building
permits.Reso. No. 9973 5
Plannine:
7. All construction activity will be limited to the hours between 7:00 A.M. and 8:00
P.M. Monday through Saturday. No construction activity will be permitted on
Sundays and federal holidays.
8. Five of the units shall have affordability covenants, restricting the units to moderate-
income levels, for a period of forty- five (45) years, as further defined in an agreement
between the applicant and the City of Orange.
9. Affordable units shall be distributed throughout the project and shall include a
mixture of unit types (floor area, number of bedrooms/baths, etc.) and amenities,
representative of and similar in character to the entire project.
10. The list of uses for Home Based Businesses/Home Offices shall be incorporated and
enforced through the Covenants, Conditions and Restrictions. All uses in Attachment
8 of the City Council staff report dated October 25, 2005 shall be subject to a
conditional use permit, except those in Section A, referred to as "Public Access
Businesses".
11. The Covenants, Conditions and Restrictions shall incorporate a requirement, subject
to the review and approval of the City Attorney and the Community Development
Director, that all garages are to have space available to be able to park two cars at all
times, and shall not be used for storage for the work portion of the live/work units.
Garage storage shall consist of the 120 cubic feet required by the City of Orange
Municipal Code.
12. Prior to plan check, two recreational amenities shall be proposed for the project,
subject to review and approval by the Community Development Department. The
amenities shall be located in the common recreational space, and shall be provided
and/or built prior to release of the first Certificate of Occupancy.
13. Artificial fill materials present on the site (approximately 3-5 feet) shall be
removed and replaced as compact
fills.14. Prior to release of building permits, the mezzanine decks on the two westerly
units Plan 2B) on each of the two westerly interior three-plex's shall be removed
from the architectural drawings, and shall not be permitted as part of the proj
ect. The mezzanine deck on the most westerly unit (Plan 2B) on the three-
plex fronting on Maple Avenue shall be modified to include a six-
foot view-obscuring feature, subject to review and approval
of the Community Development Director.
Desie:n Review
15. Street trees shall be provided along Maple Avenue, as required by the City of Orange.
Contact the City of Orange Tree Services Coordinator at 532-
6470.
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16.
17.Prior to the issuance of building permits, the applicant shall submit three (3) sets
of final landscape, lighting and irrigation plans for review and approval to
the Community Development and Community Services
Department.The final landscape plans shall reflect the landscape palette identified on pages
80-81 of the Santa Fe Depot Specific Plan, subject to Community
Development/Community Service
staffs' approval.18. Trash receptacles, storage and loading areas, transformers and
mechanical equipment shall be screened in a manner, which is architecturally compatible with
the principal
building(s).19. Linear root barriers will be provided subject to the approval of
the Community
Services Department.20. Prior to release of the Certificate of Occupancy, a trash plan shall be submitted
to, and approved by the Public Works Department. This trash plan shall be included
in the Covenants, Conditions and Restrictions for the project. As part of the
trash plan,curbside cart pickup shall not be permitted at
any time.21. A sign program shall be required in the Covenants, Conditions and
Restriction, which is approved by the Community Development Department. The sign program
shall be compatible with the architectural style of
the project.22. Any substantial change in elevations shall require Design Review
Committee review
and approval.23. The applicant shall place a deed restriction on each live/work unit prohibiting
the use of the defined workspace as a bedroom or other living space and
further prohibiting the subletting of the workspace. The deed restriction shall be in place
in perpetuity.24. All metal, except for the roof and garage doors, shall be black
in color.25. The entry doors shall be black, except for the metal portions of
the
door.
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26.27.Reso.
No. 9973 The exterior light fixtures shown in the sample information shall be increased
in size to be compatible with the size and scale of
the development.Pavers shall be provided along the entry drive and alleyways, in place
of stamped concrete. The applicant shall enter into an agreement with
Waste Management agreeing to construct the pavers in a manner which supports the weight
of the collection trucks, and shall further agree to repair any damage to the pavers as
a result of trash
collection efforts.
28. If the elevations change as a result of floor-to-floor height "actuals", the plans
must be resubmitted to the Design Review Committee for review
and approval.29. The brick finish shall not use "bright" highlights, and shall not include a
white brick as part of
the palette.30. City inspection notes shall be added to the
Landscape Plans.31. Brick shall be added to all buildings such that it wraps around the elevations
to the completion of
the return.32. Decorative trim shall wrap through to include the sides of
the buildings.33. Garage doors shall be metal roll up,
or equivalent.34. Colors shall be demonstrated on the actual elevations submitted to the
City Council.35. Heights shall be indicated on the architectural drawings submitted to
the
City Council.36. Garage doors, colors of bands and buildings, and the location and colors
of bricks shall be clarified on the drawings submitted to the
City Council.
Public Works 37. A final tract map shall be recorded within 24 months after tentative approval
and prior to the sale or lease of
any parcel.38. Monuments shall be set based on a
field survey.39. The developer shall obtain an approved grading plan and permit from
Public Works Engineering prior to start
of construction.40. An owner's association shall be formed and be responsible for the maintenance
of all common areas, private utilities and sanitary
sewer system.41. 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 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.Reso. No. 9973
42.
I 43.
Prior to issuance of the Grading Permit the applicant shall submit a Water Quality
Management Plan to the Public Works Department for review and approval
specifically identifying non-structural and structural Best Management
Practices BMP's) that will be used onsite to control predictable pollutant run-
off. Structural BMP's shall be clearly identified on the grading plan. Sizing of any
structural BMP shall be based on hydrology analysis, which should be included in the
WQMP and conform to Orange
County DAMP.Prior to the issuance of a Grading Permit, the developer is required to have
a study prepared to determine if the capability of the City's sanitary sewer system
is adequate to serve the proposed new development. Prior to the issuance of
Building Permits,the develop shall propose a plan for review and approval of the
Public Works Department to construct, pay their fair share, or any combination thereof,
required to complete the upgrades necessary for sewer deficiencies determined in the
course of the Study, in any deficient
downstream lines.44. The sanitary sewer system shall be maintained by the Homeowners
Associations and shall be so stated in the Covenants, Conditions
and Restrictions.45. The developer shall provide trash enclosures onsite in accordance to
City Engineering Standard Plans 408 and 409. Final design shall be approved by the
Public Works Department,
Sanitation Section.46. Prior to the installation of brick pavers the entry drive and alleyways,
a separate agreement shall be entered into between the applicant and
Waste Management indicating the construction specifications, and accepting
responsibility for maintenance and replacement in the event
of breakage.47. The developer shall dedicate to the City the right to enter the private
driveways for maintenance of public utilities (if any), emergency access, trash
collection, etc.48. The developer may be required to upgrade existing sidewalks, curb
and gutter,driveways, streetlights and street trees along Maple frontage. If
applicable, the streetlights shall be consistent with the Old Towne Historic
District
standards.49.
I 50.An improvement plan shall be submitted for review and approval
showing the construction of curb and gutter, sewer, storm drain, water utility systems,
street lights,street
trees, etc.The developer shall obtain an encroachment agreement from the
Public Works Department for any construction within the City of Orange public
right-of-
way or public easements.51. All driveway approaches shall conform to City Standards and
shall
conform to ADA requirements.Reso.
52. The developer shall remove any unused driveway approaches, if any, and construct
full-height curb and
gutter.53. The developer shall repair damaged curb, gutter and sidewalk as
needed.54. The developer shall pay all applicable development fees prior to the issuance of
the building
permit.55. Before recordation of the final tract map, the developer shall submit to the
Public Works Department a digital copy of all approved maps, including tract map,
grading plan, and street improvement plan in accordance with the City digital
submittal
guideline.56. The developer shall underground all existing and proposed utilities serving
the proposed development site, as determined feasible by the City of Orange
Public Works
Director.
Police 57. 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.58. An address plan shall be submitted to Police for review and approval prior
to the issuance of
building
permits.Fire The developer shall be responsible for the following Fire
Department requirements:59. An approved fire sprinkler system must be installed throughout the
building per O.M.C. 15.32.070Section 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.Note: Any existing building whose area exceeds the limits
in Table 10.507-A shall be retrofitted with an automatic sprinkler system
when
one of the following occurs:An addition is made
to the building area and;The addition exceeds 25%
of the existing structure, or:The addition exceeds 25% of the existing structure
and causes that structure to exceeds the
limits of Table 1O.507-A.A change is made in the use or occupancy of
the building that changes the level of
hazard or increases the occupant
A major modification is made or a modification of the building impacts the
structural system of the building and, in the opinion of the Fire Marshal and the
Building Official, the installation of a sprinkler system is justified.
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60.Residential fire sprinkler systems (NFP A 13R) may be installed m residential
buildings up to four stories in height.
61.Any building classified as residential occupancies, but contammg areas used for
commercial purposes, shall protect those commercial areas with an automatic fire
sprinkler system designed and installed in accordance with NFPA 13.
62. The Fire Department connections 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.
63. 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.64. The number and location of hydrants shall be determined by
Fire
and Water Departments.65. Prior to the 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.66.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 67.The installation of gates, traffic calming methods and speed humps or
bumps shall be reviewed by the Fire Department
prior to installation.68. 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.Reso. No.
69. Dead-end fire apparatus access roads in excess of 150 feet in length shall be
provided with approved provisions for the turning around of fire apparatus. Dead-
end Fire Department access roads shall not exceed
600 feet.70. The Fire Department access roadway shall be an all weather-
driving surface capable of supporting the imposed loads of fire apparatus, 60,000 pounds. The
access shall be designed for a three-axle vehicle U.F.C. Section
902.2.2.2.71. 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
902.2.2.3.72. Fire Department emergency access must not exceed 12 percent grade.
U.F.C. Section
902.2.2.6.73. All mechanical gates shall be provided with key-
operated override switches 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 without any special tools.74. 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 eachbuilding.
U.F.C. Section 902.4.75. 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.76.
Fire facility fees will be required.77. All roof coverings installed on any new or existing
building or structure, shall be fire retardant u.L. listedClass A (
O.
M. C. 15.36.030)Water 78. The developer shall submit plans to the
Water Division for relocations and new installations for review and approval, prior
to the issuance of building permits.79. The developer shall install a City dedicated
water system that will include a connection from existing tract 11910 to proposed
tract 16786 as designed by the Water Division, prior
to the issuance of building permits.80. The applicant shall be responsible for the removal
and disposal of the existing water facilities as impacted by the proposal to a location and of
a design as approved by the Water Division, prior
to the issuance of building
81. The developer shall be responsible for the installation of necessary water services, fire
services, and fire hydrants as determined by the Water Division and the Fire
Department, prior to the issuance of building permits.
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82.Each unit shall be metered separately, with a domestic service, unless otherwise
approved by the Water Division.
83.Each building shall be metered with a fire service unless otherwise approved by the
Water Division and the Fire Department.
84. The applicant/developer shall provide material submittals for all proposed public
water facilities to the Water Division for approval a minimum of fourteen calendar
days prior to construction.
85. The applicant/developer shall furnish and install manually operated locks and keys to
the Water Division for any gated entrances/exits unless otherwise approved by the
Water Division.
86. The applicant/developer shall furnish and install City dedicated remote read meters
for all domestic and landscape services of a manufacturer as approved by the Water
Division.
87. The applicant/developer 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.
88. The applicant/developer shall furnish a dedicated and graded minimum fifteen-
foot unencumbered access and utility easement for facilities proposed to remain and
for future water facilities to be contiguous to the existing City Right-
of-Ways and easements bothonsite and off site, as determined by the Water Division
for all public water facilities including mains, meters, detector checks, and fire
hydrants prior to approval of
the water plan.89. The applicant/developer shall enter into
a Decorative Improvement Agreement/Easement Deed Agreement with the City of Orange prior
to the final completion and acceptance of
the
water improvements.I 90.The developer/applicant shall satisfy all water main connection,
plan check, and inspection charges as determined by the Water Division prior to the
approval of
the water plan.91. An eight foot minimum clearance shall be required between water
mains/fire hydrants and trees or other substantial shrubs,
bushes, or plants.92. The installation of water mains in the vicinity of sewer mains shall be
done per the Department of Public Works
Standard No. 204.Reso. No.
93. A six foot minimum horizontal clearance and a one foot minimum vertical clearance
shall be maintained between City water lines and all other utilities except sewer lines.
94. Permanent signs, awnings, or other structures are prohibited from installation over
water mains.
95. A twenty foot separation shall be maintained from the water mains to the proposed
buildings and structures unless otherwise approved by the Water Division.
96. The applicant/developer shall furnish and install individual pressure regulators on
water services where the incoming pressure exceeds eighty pounds per square inch
80 psi).
Communitv Services
97. A Quimby Fee assessment shall be applied to this project.
Environmental
98. Outdoor security and other lighting shall be designed and maintained so as not to
illuminate beyond the project boundary. Exterior lights will be focused inward and
away from surrounding uses. Low-glare, cut-ff and shielded lights will be
used as appropriate (Mitigation
Measure A-I).99. During construction, the contractor will comply withRule 402 - Nuisance,
Rule 403 Fugitive Dust and Rule 1403 - Asbestos Emission from DemolitionlRenovation
Activities. Under Rule 403, the site will be subject to the following requirements
Mitigation Measure AQ-
l):The contractor shall prevent visible emissions beyond the property line
and shall prevent emissions from vehicular-related traffic from
exceeding 20 percent opacity (Rule 402 Implementation Handbook
establishes procedures for
measuring opacity);Conduct watering for all sources of dust (demolition, paved
and unpaved roadways, trenching
and grading);Upwind and downwind simultaneous samples shall not exceed 50 ug/
m3
of PMIO;Street sweeping will be initiated if visible dust is deposited upon
public paved roadways due to the
proj ect;Reso. No. 9973
AQMD Rule 1403 requires that a Phase II Environmental Site Assessment be
conducted and any hazardous materials found in buildings will be properly
removed or stabilized prior to the demolition of the buildings.
I
100. All unpaved demolition and construction areas shall be watered at least twice a day
during excavation and construction to reduce dust emissions and meet SCAQMD
Rule 403 which prohibits dust clouds to be visible beyond the project site boundaries
Mitigation Measure AQ-
2).10 1. All clearing, grading, earth moving or demolition activities shall be
discontinued during periods of high winds (i.e. greater than 25 mph), so as to prevent
excessive amounts of dust (Mitigation Measure
AQ-3).102. All materials transported off-site shall be watered sufficiently
and maintained a minimum of six inches of freeboard between the transported materials and
the top of the trailer to prevent excessive amounts of dust in accordance
with the requirements of California Vehicle Code Section 23114 (
Mitigation Measure AQ-4).103. General Contractors shall maintain and operate
construction equipment to minimize exhaust
emissions (Mitigation Measure AQ-5).104. On-site construction vehicle speeds shall be limited to
a maximum of fifteen
miles per hour (Mitigation Measure AQ-6).105. The area disturbed
during clearing, grading, earthmoving or excavation operations shall be minimized to prevent
excessive
amounts
of dust (Mitigation Measure AQ-7).I 106. If buried archaeological
resources are encountered during project construction, the applicant/City's construction contractor shall
immediately stop work in the area. The City shall be notified immediately, and work shall be
halted until the City can retain a qualified archaeologist, and the nature and
significance of the find are determined. If significant archaeological resources are found,
they shall be salvaged and collected in compliance with guidelines and procedures
of the County of Orange Curation Project.The findings shall be sent to a designated
museum. However, if the City does not have its own repository for the collection, then
the collection shall be donated to a suitable repository that will maintain
the collection for future scientific study and exhibition within Orange County. In addition,
the Applicant shall be prepared to pay potential curation fees to the County
or other suitable repository for the long-term curation and
maintenance of the donated collection (Mitigation Measure CR-l).107. Ifpaleontological resources
are found during project construction, the applicant/City's construction contractor shall immediately
stop work in the area. The City shall be notified immediately and work shall
be halted until the City can retain a qualified paleontologist who
shall determine the significance of the find. If significant paleontological resources
are found, they shall be
compliance with guidelines and procedures of the County of Orange Curation Project.
The findings shall be sent to a designated museum. However, if the City does not
have its own repository for the collection, then the collection shall be donated to a
suitable repository that will maintain the collection for future scientific study and
exhibition within Orange County. In addition, the Applicant shall be prepared to pay
potential curation fees to the County or other suitable repository for the long-
term curation and maintenance of the donated collection (Mitigation Measure
CR-2).108. During grading operations a geologist or hazardous materials specialist
shall be present to ensure that removal and disposal of any identified
contamination occurs according to current regulations (Mitigation
Measure H-l).109. The project proponent shall follow South Coast Air
Quality Management District Rule 1403 prior to demolition of the two on-site
structures. The project proponents shall conduct a Phase II Environmental Site
Assessment that includes a comprehensive hazardous materials survey of the subject
site, including surveying for lead-based paints (
LBP), asbestos-containing materials (ACM), mercury-vapor switches, and
polychlorinated biphenyl (PCB) containing equipment. Any hazardous materials found in these buildings shall
be removed or stabilized prior to
these structures being demolished (Mitigation Measure H-2).110. The project shall be in
compliance with all applicable NPDES regulations during and after the
construction phase of the project (Mitigation Measure WQ-l).III. All construction equipment
shall be in proper operating condition and fitted with standard
factory noise attenuation features. All equipment shall be properly maintained to assure that
no additional noise, due to worn or
improperly maintained parts, would be generated (Mitigation Measure N-l).112. Approved haul routes
shall be used to minimize exposure of sensitive receptors to
potential adverse noise levels from hauling operations (Mitigation Measure N-2).113. To
the degree feasible, construction equipment shall
be sited away from adjacent residential land uses (Mitigation Measure N-3).
114. The hydraulic hammer attachments used in pavement and
structure demolition shall be equipped with a silencing package (Mitigation Measure N-4).
115. The project shall implement noise barriers to partially enclose the impacted balconies
to meet exterior noise criterion. At the easternmost mezzanine balconies, a barrier of 6 feet high (
measured from the finished floor) will reduce the noise level on the deck to
63 CNEL, which meets the criterion. The barrier should extend along the east-
facing balcony. The barrier may be constructed of any suitable material (as described in Appendix
E, Section 5.2 of the Veneklasen Study), such as wood, masonry, Lexan,etc., so
long as
it is sold and without
116. The project shall utilize exterior fayade elements that decrease outdoor sound from
entering residences, such as the following or equivalent elements as approved by the
Community Development Director
I
The exterior wall construction shall consist of stucco on lath on 2x4 wood studs
with I layer of gypsum board on the inside, with fiberglass batt insulation in the
stud cavity.
The roof construction shall consist of wood trusses with a single layer of gypsum
board on the inside, and fiberglass batt insulation in the attic cavity.
The entry door shall be a solid-core wood exterior door with weather stripping
on all
edges.The windows, designed as aluminum, shall be equivalent to Milgard Classic
or Styleline vinyl windows, which are available with various glazing types.
The STC 29 assembly shall be composed of two1/7-inch lites, and the
STC 32 assembly shall haveone 3/16-inch and one 1/8-inch lite.
The overall thickness of the glazing shall be % or I
inch (Mitigation Measure N-6).117. Prior to initiating construction, the project contractor
shall prepare a traffic control plan, which maintains traffic flow, includes a
detour plan and identifies construction truck access. Road closures shall be temporary during the
day and shall be restricted to the off-peak hours. The City of Orange shall
review and approve the control traffic plan prior to implementation, and shall ensure
that the detour plans are
implemented during construction (Mitigation Measure T-l).118. Preliminary discussions with the City of
Orange Public Works indicate that the six-inch sewer line needs to be upsized to
eight-inches, and the ten-inch sewer line needs to be upsized to twelve-inches.
Prior to the issuance of a Grading Permit, a sewer study shall be prepared by
the applicant and submitted to Publics Works for review to determine the exact size
of the line needed to accommodate the additional flow. Prior to the issuance of
Grading Permits, the applicant shall contribute their faire share of the cost to modify the
existing sewer lines in Pixley Street and Chapman Avenue, ifit is
determined
that sewer line improvements are needed (Mitigation Measure U-l).I 119.
The project proponent shall implement waste reduction and recycling programs to
divert construction
and operational solid waste from the area landfills (Mitigation Measure U-2).120.
Solid waste generated during construction and operation of the proposed project shall comply with
all federal, state and local
statutes and regulations to reduce
Citv Council Conditions
121. All rooftop or other mechanical and air conditioning equipment shall be shielded and
screened from view from adjacent streets and properties. The screening shall be
integrated architecturally with the building.
122. The applicant shall include in the Covenants, Conditions and Restrictions a
requirement that the landscaping be maintained by the Homeowners Association in
compliance with the standards identified by the City in the City of Orange Landscape
Standards and Specifications manual, and ultimately to the satisfaction of the
Community Development and Community Services Departments of the City of
Orange. The landscaping shall be as provided in the Landscape Plans dated August
16,2005, and as further reviewed and approved by the Community Development and
the Community Services Departments upon submittal of the Landscape Construction
Drawings.
123. The applicant shall place a deed restnctJon notifying potential buyers that the
development is not located in a Quiet Zone, and that train noise and vibration will
occur. This shall also be presented as a disclosure during any sales transaction.
124. The applicant will review the sound attenuation measures proposed as part of the
development and where possible increase the measures to further reduce sound
transmission associated with the train.
125. The applicant shall provide additional privacy to adjacent residential properties to the
north and west, on units adjacent to property boundaries through the use of opaque
glass and/or the increased height of windowsills, subject to review and approval of the
Community Development Director.
126. The incorporation of art graphics proposed on the eastern boundary of the property is
required and shall be reviewed and approved by the Community Development
Director and the Design Review Committee. The graphics shall be maintained by the
Home Owners Association to the satisfaction of the Community Development
Director. The graphics shall be themed to reflect the history of the City of Orange.
127. Two bicycle racks shall be installed pursuant to Section 17.34.080 of the Orange
Municipal Code. Each bicycle rack shall consist of a storage facility with locking
capabilities for a minimum of five bicycles.
128. A plaque shall be placed on the units facing Maple Avenue recognizing the previous
industrial use of the property (automotive) subject to review and approval of the
Community Development Director
Reso. No. 9973 18 GAS
Code Provisions
I
The following Code provIsIOns are applicable to this project and are included for
information only. This is not a complete list and other Code provisions may apply to the project:
Prior to issuance of building permits, the applicant shall pay all applicable
development fees, including but not limited to: City sewer connection, Orange
County Sanitation District Connection Fee, Transportation System Improvement
Program, Fire Facility, Police Facility, Park Acquisition, Library, 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, ifreceived before the expiration
deadline.ADOPTED this 8th day of November,
2005.
Lt-ffl Mark A.
Murphy,
Mayor,
ATTEST:u
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 8th day of November, 2005, by
the
following
vote:
I
AYES:
NOES:
ABSENT:ABSTAIN:COUNCILMEMBERS: Smith, Ambriz, Murphy,
Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS:
None 8 Mary E.
City Clerk,Reso. No. 9973