RES-10048 Final Environmental Impact Report Approval Condominium Units at The Block at OrangeRESOLUTION NO. 10048
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING THE ADDENDUM
TO FINAL ENVIRONMENTAL IMPACT REPORT
NO. 1721-03 AND A MODIFICATION
TO APPROVED CONDITIONAL USE PERMIT
NO.2461-03 TO ALLOW 403 CONDOMINIUM
UNITS AT THE BLOCK
AT ORANGE"COMMERCIAL/RETAIL CENTER
ON PROPERTY GENERALLY LOCATED WEST OF
THE CITY DRIVE BETWEEN CHAPMAN
AVENUE AND
METROPOLITAN DRIVE WHEREAS, Orange City Mills Limited Partnership, a Delaware
limited partnership the Applicant), is the owner of an approximately 74.53-acre site in the
City of Orange developed as The Block at Orange, containing commercial and
retail development, restaurants,a 30-screen movie theater, and a skate park (herein referred to as
the Project Site); and WHEREAS, by the adoption of Resolution No. 9814 on February
24, 2004, the City Council of the City of Orange approved Conditional Use Permit
No. 2461-03 authorizing the Applicant to develop a portion of the Project Site
with 500 apartment units; and WHEREAS, prior to its approval of Conditional
Use Permit No. 2461-03, an environmental review was conducted by the City, as
the lead agency, under the California Environmental Quality Act (CEQA) to evaluate the
500 apartment units and other proposed expansion uses of the Project Site that were proposed at that
time. As a result of the environmental review, Final Environmental Impact
Report 1721-03 (the Final EIR) was prepared and certified by the City Council in
accordance with CEQA by the adoption of Resolution No. 9810 on January 13, 2004, which
action of the City Council included the adoption of a Statement of Overriding
Considerations and a Mitigation
Monitoring
Program for the Expansion Uses; and I WHEREAS, the Applicant has submitted an
application to the City for, among other things, the modification of Conditional Use Permit
No. 2461-03 to permit the construction of 403 condominium units and related
parking in lieu of 500 apartment units; and WHEREAS, Section 15164 of the State
CEQA Guidelines provides a way for the City to update, amplifY and make
changes or additions to a previously adopted environmental impact report in situations
where a subsequent environmental impact report or negative declaration is not required. According to
Section 15164, the City must prepare an "addendum"to the Final EIR "if some changes or
additions are necessary but none of the conditions described in Section 15162 [of the State
CEQA Guidelines] calling for the preparation of a subsequent [environmental
WHEREAS, in compliance with CEQA and the State CEQA Guidelines, the City has
prepared an Addendum to the Final EIR for the proposed approval of the modification of
Conditional Use Permit No. 2461-03 and other entitlements for which the Applicant
has concurrently sought City approval, including the modification of Major Site Plan Review
No.300-03 and the approval of an Amended and Restated Development Agreement,
because it appears that "none of the conditions described in Section 15162 [of the
State CEQA Guidelines] calling for the preparation of a subsequent EIR or negative
declaration have
occurred"; and WHEREAS, in accordance with State and local law, on November 21,
2005 and December 5, 2005, the Planning Commission conducted a duly noticed public hearing
on the proposed modification of Conditional Use Permit No. 2461-03, reviewed
and considered the information contained in the Addendum to the Final EIR, information presented
by City staff and public testimony and, by a vote of not less than a majority of
its total membership,recommended City Council approval of the Addendum to the FEIR
and the proposed modification of Conditional Use Permit
No. 2461-03; and WHEREAS, in accordance with State and local law, on December
13, 2005, this City Council conducted a duly noticed public hearing on the
proposed modification of Conditional Use Permit No. 2461-03, reviewed and considered
the proposed modification of Conditional Use Permit No. 2461-03 and the Addendum to the
FEIR, information presented by City staff
and public testimony regarding same; and WHEREAS, this City Council finds and
determines that "none of the conditions described in Sections 15162 and 15163 [of the
State CEQA Guidelines] calling for the preparation of a subsequent Environmental
Impact Report or negative declaration have occurred" and that, based upon substantial evidence contained
in the Addendum to the Final EIR, the Addendum to the Final EIR is all that is
necessary in connection with the proposed modification of Conditional Use Permit
No. 2461-03 and the approval thereof.NOW, THEREFORE, BE IT RESOLVED by the
City Council
of the City of Orange as follows:SECTION 1. The City Council hereby
approves the Addendum and reaffirms that the Mitigation Monitoring Program that was adopted by this City
Council at the time it certified the Final EIR will continue to mitigate all
significant environmental impacts to the extent
feasible provided that the Applicant complies therewith.SECTION 2. Conditional Use Permit 2461-03
is hereby approved on the basis of the following findings and subject to all of the conditions
set forth in Section 3 of this Resolution:A Conditional Use Permit shall be granted
upon sound principles of land use and
in
The proposal, even with a change in type of ownership and reduction in number of
dwelling unit, provides a public service by creating diversity in the City's housing
stock and by providing housing adjacent to existing employment and commercial
centers.
I A Conditional Use Permit shall not be granted if it will cause deterioration of
bordering land uses or create special problems for the area in which it is located.
The proposed residential use is being developed at a density and in a manner that is
compatible with existing residential, commercial, and office uses located in the
vicinity of the project site.
A Conditional Use Permit shall be considered in relationship to its effects on the
community or neighborhood plan for the area in which it is located.
The proposed high-density residential development is compatible with
eXlstmg office, commercial, and residential land uses located in the vicinity of the
subject
site.A Conditional Use Permit, if granted, shall be made subject to those
conditions necessary to preserve the general welfare, not the individual welfare of
any particular
Applicant.The project is subject to conditions that will preserve the public welfare
and minimize adverse impact on adjacent land
uses.SECTION 3. Conditional Use Permit 2461-03 is hereby approved subject to all
of the
following conditions:
A.
General I 1. The final site, building, and landscaping plans for a maximum
403 condominium development shall be reviewed and approved via the City's Major Site
Plan Review process. The final site, building, and landscaping plans shall be
in substantial conformance with the plans presented at the meeting at which this
matter was considered and as recommended for approval by the Planning
Commission, which plans are described as sheets SI-5, AI-I, AI-2, AI-3,
AI-4, AI-5 and AI-6 of the Block at Orange
Expansion City of Orange Submission, dated September 29, 2005 and are
on file in the Office of the City Clerk.2. 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
3. These conditions will be reprinted on the cover sheet or first page of construction
plans, including grading plans.
4. Prior to issuance of building permits for the mixed-use development, the
Applicant shall submit site, building and landscaping plans for Design Review
Committee review and
approval.5. The Applicant shall cease operations of the valet service on site until
appropriate City permits have been
obtained.6. 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
Section711.4(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.
00.7. The project's compliance of providing monetary contribution in lieu of
providing affordable housing shall be agreed to and incorporated within the Amended
and Restated Development Agreement by and between the City of Orange and
the
Applicant.8. Prior to issuance of building permits for the residential development the
Applicant shall submit and receive approval of a shared parking agreement (per OMC
Section17.34.100) for The Block at
Orange.B.
Environmental Those mitigation measures listed in the Mitigation Monitoring Program, a copy
of which is attached hereto as Attachment No.
1.C. Public
Works 1. Prior to issuance of building permits the project proponent shall submit a
grading plan to the Public Works Dept. Engineering Division for review and
approval.2. The Applicant shall consolidate all existing parcels into legal parcels for
each building prior to the issuance of a building
permit.3. The Applicant shall show proof of title of all development parcels, clear of
all conflicting easements and encumbrances prior to issuance of building
permits.4. The Applicant shall dedicate to the City the right to enter the private driveways
for maintenance of public utilities, emergency access, trash enclosures,
etc.
5. The Applicant shall relocate existing City owned sanitary sewers and dedicated new
easements per City standards.
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6. Prior to issuance of building or grading permits the project proponent shall install
necessary water services, fire services, and fire hydrants as determined by the Public
Works and Fire Departments.
7. Prior to issuance of building and grading permits the project proponent shall submit
a water quality management plan (WQMP) specifically identifying non-
structural and structural Best Management Practices (BMPs) that will be used on site
to control predictable pollutant run-off. The contractor shall employ
Best Management Practices (BMPs) in conformance with Regional Water Quality
Control Board standards for the containment of debris, chemicals, and solvents for the
duration of any demolition or construction activities. The contractor shall provide the
City with written documentation of proposed BMPs to control storm water
pollution for review and approval by the Public
Works Department.8. The Applicant shall furnish and install individual pressure regulators
on services where the incoming pressure exceeds
80 psi.9. The Applicant shall satisfy all water main connection, plan check,
and inspection charges as determined by the
Water Division.10. The Applicant shall be responsible for the relocation 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 permits.11. The Applicant shall be responsible for the removal and disposal of
the existing water facilities as impacted by the proposal prior to the issuance of
building permits.12. The Applicant shall install a City dedicated water system as designed by
the Water Division prior to the issuance of
building permits.13. A 20' separation be maintained from the water mains to the proposed
buildings and structures unless otherwise approved by the
Water
Division.I 14. Each building shall be protected with a separate fire service
unless otherwise approved by the Fire Department and
Water Division.15. The Applicant shall satisfy all water main connection, plan check,
and inspection charges as determined by the Water Division prior to approval of the
water plan.16. The Applicant shall satisfY all water bond requirements for the installation
of the water system as determined by the Water Division prior to approval of
the
water
17. The Applicant shall furnish a dedicated and graded mlmmum fifteen-
foot unencumbered access and utility easement for facilities proposed to remain and
for future facilities to be contiguous to the existing City Right of Ways and
easements as determined by the Water Division for all public water facilities including
mains,meters, detector checks, and fire hydrants prior to approval of the water
plan.18. The Applicant shall enter into a Decorative Improvement Agreement with the
City of Orange prior to the final completion and acceptance of the water
improvements.19. The Applicant shall provide material submittals for all proposed public
water facilities to the Water Division for approval a minimum 14 calendar days prior
to
construction.20. The Applicant shall furnish and install manually operated locks and keys to
the Water Division for the gated entrances unless otherwise approved by the
Water
Division.21. An 8' minimum clearance is required from water main/fire hydrants and trees
or other substantial shrubs, bushes, or
plants.22. The installation of sewer mains in the vicinity of water mains shall be done per
the Department of Public Works Standard No.
204.23. A 6' minimum horizontal clearance and ai' mlmmum vertical clearance
be maintained between City water lines and all other utilities except
sewer.24. Permanent signs, awnings, or other structures are prohibited from installation
over water
mains.25. Prior to completion of the 1,722 space parking structure to be constructed on
the west side of the Project Site to the south of the 403 condominium units,
the Applicant shall construct or deposit funds with the City for an upgrade to
the existing traffic signal system surrounding the project site. This will
include:A. A fiber optic signal traffic signal interconnection on Lewis Street
between Metropolitan Drive and Chapman Avenue, on Chapman Avenue between
Lewis Street and City Drive and City Drive between Chapman Avenue and
Garden Grove Boulevard, connecting to a City-provided hub at the
intersection of Chapman/City Drive, for ultimate connection back to the City'
s Traffic
Management Center.B. Upgrading of existing traffic signal controllers, as directed by the
City Traffic Engineer, at the intersections of City Drive/Garden Grove Blvd, City
Dr.lSR-22 EBRamps, City Dr.lSR-22WB Ramps, City
Dr.
Dr.lEntertainment Way, City Dr.lShoppertainment Way, City Drive/City Way,
City Dr.lMedical Center Dr., City Drive/Chapman Avenue, Chapman
Avenue/Manchester St., Chapman AvenuelLewis St., and Lewis
St,lMetropolitan Dr.
I C. Installation of five CCTV s at signalized intersections surrounding the project at
specific locations to determined by the City Traffic Engineer, and necessary
communications hardware to allow for connection to the City's Traffic
Management Center.
The City shall use its good faith, best effort, to enter into an agreement with the
Applicant for the reimbursement to the Applicant of the costs of the improvements
to the traffic signal system required by this condition. The reimbursement may be
collected from other property owners who may benefit from the improvements to
the traffic signal system on a pro rata, fair share basis as determined by the City's
Traffic Engineer. The reimbursement shall be collected at the time any property
owner determined to benefit from the traffic signal system renovates, improves,
entitles, or otherwise impacts their properties.
26. The Applicant shall pay traffic improvement mitigation fees pursuant to the 2001
West Orange Circulation Study (WOCS), in the total amount of $1,050,000. Such
WOCS Fees shall be paid to the City in three separate stages, with the amount
based upon the percentage of trip generation for each stage identified in the Final
EIR 1721-03 as
follows:Residential Use (30%) = $315,
000 Hotel Uses (22%) = $231,
000 Retail Use (48%) = $504,
000 Payment of the WOCS fees at each phase of development, in the amounts
identified above, shall be submitted by the Developer prior to the issuance of the first
building permit by the City for that phase of
development.
I 27. Prior to the issuance of any development approvals or building permits on
the southerly half of the property, the Applicant shall submit an internal
traffic circulation plan for approval by the City Traffic Engineer. This plan will define
the on-site vehicle circulation system and must be designed to result in
essentially the same external traffic distribution as was used in the Environmental
Impact Report for the
proj ect.28. Prior to the issuance of any development approvals on the southerly half
of the property, the Applicant shall construct a traffic signal at the
intersection of Metropolitan Drive and City
Drive
29. Any site access taken on the northerly side of realigned metropolitan Drive between
the intersections of City DrivelMetropolitan Drive and the intersection of relocated
SR-22 WB RampslMetropolitan Drive must be designed as right turn in-
only. No egress or left turn in access will
be allowed.D.
Fire Department 1. The Fire Department connection shall not be affixed to the buildings.
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.2. 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.3. The project proponent shall 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 Division.4. The number and location of hydrants
shall
be determined by Fire and Water Departments.5. 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.6. 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 902.7. 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 Fire Lane Standards
of
8. All exit ways shall be provided with all weather surface that continues to a public
right-
of-
way.I 9. The installation of gates, traffic calming methods and speed humps or
bumps shall be reviewed by the Fire Department prior
to installation.10. 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.11. The Fire Department access roadway shall be an all-
weather driving surface capable of supporting the imposed loads of fire apparatus, 20,000
pounds per axle. The access shall be designed for a three-axle vehicle. (Engine
Weight. 36,050 and Truck Weight. 54,000 pounds) U.F.C.
Section 902.2.2.2.12. 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 the building. U.
F.C. Section 902.4.13. All elevators shall comply with California Building
Code Section 3003.5 and 3003.5a, for stretcher requirements. The elevator designated
for medical use shall be sized to fit
an 81"x 24" stretcher.14. High-rise buildings shall be built in accordance
to the City's High-rise standards.15. Provide a fire alarm system as
required per U.F.C. Article 10.16. Provide standpipes as
required per U.B.C. Table 9A.
17. Fire Facility
fees will be required.E. Police Department 1. All buildings must comply with the City
of Orange Municipal Code Chapter 15.52 Building Security Standards,
reference
No. 7-79, which includes the following:I A. Parking lot lighting (
minimum
1 foot-candle shall be maintained at ground level).B. All doors and
related hardware must
be in compliance with security ordinance lock, hinges, etc.)C. Any operable windows
must be approved by
the
D. All roof openings must be secured as outlined in OMC Chapter 15.52 (approved
burglar bars on all openings over 96 square inches).
2. Addressing must be illuminated and shall be easily visible from the street. If a
secondary rear access/entry exists, addressing must be included adjacent to the
secondary access/entry point.
F. Code Provisions
The following Code provisions are applicable to this project and are included for
information only. This is not a complete list, and other Code provisions may apply to
the project:
The project approval includes certain fees, dedications, reservations, and/or other
exactions. Pursuant to G.C. 66020, these conditions or requirements constitute
written notice of the fees and/or a description of the dedication, reservation, or other
exaction. You are hereby notified that the 90-day protest period commencing
from the date of approval of the project has begun. If you fail to file a protest
of regarding these conditions or requirements, you are legally barred from
later challenging such exactions per G.C.
66020.ADOPTED this 13th day of December,
2005.
lLm Mark A. Murphy, Mayor,
Cit
ATTEST:City Clerk, Cit 0rangeMary
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 December, 2005, by the following
vote:
I
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Mary E. Mu.
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