RES-10049 Environmental Impact Report Approval Parking Structure at The Block at OrangeRESOLUTION NO. 10049
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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 MAJOR SITE PLAN REVIEW
300-03 TO ALLOW THE CONSTRUCTION OF A
1,722 SPACE PARKING STRUCTURE AT "
THE BLOCK AT ORANGE" COMMERCIAL/
RETAIL CENTER ON PROPERTY GENERALLY LOCATED
WEST OF THE CITY DRIVE BETWEEN CHAPMAN
A VENUE AND
METROPOLITAN DRIVE WHEREAS, Orange City Mills Limited Partnership, a Delaware
limited partnership the Applicant), is the owner of anapproximately 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. 9811 on February
24, 2004, the City Council of the City of Orange approved Major Site Plan
Review 300-03 authorizing the Applicant to develop a portion of the Project Site with a 1,
21 I-space parking
structure (the AMC Parking Structure); and WHEREAS, prior to its approval of Major
Site Plan Review 300-03, an environmental review was conducted by the City, as
the lead agency, under the California Environmental Quality Act (CEQA) to evaluate the AMC
Parking Structure 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 Major Site Plan Review
300-03 to permit the construction ofa 1,722 space parking structure in
lieu of a 1,211 space parking structure; 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 [
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 Major
Site Plan Review 300-03 and other entitlements for which the Applicant has
concurrently sought City approval, including the modification of Conditional Use Permit No. 2461-
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 Major Site Plan Review 300-03, 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 Major Site Plan
Review 300-03; 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 Major Site Plan Review 300-03, reviewed and considered the proposed
modification of Major Site Plan Review 300-03 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 ErR, the Addendum to the Final EIR is all that is
necessary in connection with the proposed modification of Major Site Plan
Review 300-03 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 ErR will continue to mitigate all
significant environmental impacts to the extent
feasible provided that the Applicant complies therewith.SECTION 2. Major Site Plan Review 300-
03 is hereby approved on the basis ofthe following findings and subject to all of the
conditions set forth in Section 3 ofthis Resolution:That the
project
design is compatible with surrounding development and neighborhoods.The proposed parking structure
is being built to provide safe pedestrian and vehicular access from existing
facilities and is being designed in a manner compatible with existing commercial
and office building
located
That the project conforms to City development standards and any applicable special
design guidelines or specific plan requirements.
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The proposed parking structure is being built III compliance with applicable
development standards and design guidelines.
That the project provides for safe and adequate vehicular and pedestrian
circulation, both on- and off-
site.The proposed parking structure is being built to City minimum standards on
drive aisles, parking spaces, and walkways so as to provide safe vehicular and
pedestrian
circulation.That City services are available and adequate to serve the
project.The proposed parking structure is located in an area that is fully developed
with public and private infrastructure to serve its
impacts.That the project has been designed to fully mitigates or substantially
minimizes adverse environmental
effects.The project is subject to conditions and mitigation measures that will preserve
the public welfare and insure that the project will not have an adverse impact
on adjacent land uses and the
environment.SECTION 3. Major Site Plan Review 300-03 is hereby approved subject to all
of the
following conditions:
A. General I. All site development and construction shall conform in substance and
be maintained in general 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 S 1-1, A2-1, and A2-2
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.I 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 will be
cause for revocation ofthis permit.3. These conditions will be reprinted on the cover sheet
or first page of
construction
4. Prior to issuance of building permits for the 1, 722-space parking structure
the Applicant shall submit preliminary and/or final 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
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. rf it is determined that there will be no impact upon
wildlife resources, the fee shall be $43.
00.B. Police
Department 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: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 Police Department and have passed
forced entry testing.d. All roof openings must be secured as outlined in OMC
Chapter 15.52 approved burglar bars on all openings over
96 square inches).
C. 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. 15.32.070 Section 1001.10. The system shall be designed per N.F.
P.A. 13,U.B.C. Chapter 9, U.B.C. Standards 9-1 and 9-2.
The sprinkler
system
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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. (D.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 the City of
Orange Fire Department.8. All exit ways shall be provided with all weather surface that continues
to
a public right-of-way.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.I 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
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 D.F.C.
Article 10.16. Provide standpipes as required per D.B.C.
Table 9A.17. Fire Facility fees will
be required.D.
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.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
9. The Applicant shall satisfy all water main connection, plan check, and inspection
charges as determined by the Water Division.
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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.
II. 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.
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 ofthe 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
plan.
17. The Applicant shall furnish a dedicated and graded mllllmum 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.
I 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 a I' mllllmum 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.
E. Environmental
Those mitigation measures listed in the Mitigation Monitoring Program, a copy of
which is attached hereto as Attachment No.1.
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. rf 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.
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ATTEST:
c
r, 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:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNcrLMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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