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RES-9817 Major Site Plan Review 3001 W. Chapman Ave.RESOLUTION NO. 9817 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE AI)PROVING MAJOR SITE PLAN REVIEW NO. 258-02 TO ALLOW THE CONSTRUCTION OF A 460- UNIT APARTMENT COMPLEX AT 3001 'VEST CHAPMAN AVENUE.APPLICANT: BRE PROPERTIES WHEREAS, Major Site Plan Review No. 258-02 was filed by BRE Properties in accordance with the provisions of the City of OrangE: Municipal Code; and WHEREAS, Major Site PlanReview No. 258..02 was processed in the time and marmer described by State and local law; and WHEREAS, the City Council has considered the information contained in Final Environmental Impact Report No. 1710-02, including the draft Environmental Impact Report, comments received during the public review period for the DEIR, and response to comments, and has found that with the exception of operational and cumulative air quality impacts and cumulative noise impacts, the project will not significantly impact the environmental wild life. For those impacts identified as significant and unavoidable, the Statement of Overriding Considerations has concluded that the benefits of the project,including the substantial contribution the project makes to the City' s housing stock, the housing units created in close proximity to a major employment center, and the manner in which it implements the City's General Plan and Economic Development goals, outweigh the unavoidable impacts; and WHEREAS, the City Council of the City of Orange conducted one duly advertised public hearing on January 13,2004 for the purpose of considering Major Site Plan Review No. 258-02 upon property generally located at 3001 West Chapman Avenue.NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORANGE that Major Site Plan Review No. 258-02 is hereby approved for the construction of the 460-unit Pinnacle at Uptown Apartment Complex, located at 3001 West Chapman Avenue, based on the following findings:SECTION 1 - FINDINGS 1. The project design is compatible with surrounding development and neighborhoods in that the vicinity of the Pinnacle at Uptown Specific Plan and Apartments is characterized by a mix of commercial development types including motels, low-rise office buildings, and a mobile home park, which freeways. Further west of the project site beyond Interstate-5 is the high-intensity development associated with the UC Irvine Medical Center, high-rise hotels, County facilities, and The Block. Although the proposed project represents a departure from the character of the immediately adjacent development, it is of a scale and character that is appropriate for the substantial freeways and Chapman Avenue roadway. The Specific Plan and project establish 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 of SR-57.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 confonns to City development standards and any applicable special design guidelines or specific plan requirements in that Major Site Plan Review No. 258-02 is one component of the larger development application for General Plan Amendment No.2002-0004 and Zone Change No. 1217-02, which establish a residential density range and development standards that are unique and tailored to the Pinnacle at Uptown Specific Plan area. The apartment complex has been reviewed by the City's Design Review Committee for conformance with the Southwest Design Standards.3. The project provides for safe and adequate vehicular and pedestrian circulation, both on- and off-site in that the project includes the installation of a signal at the main Chapman Avenue entrance into the complex to ensure safe ingress and egress from the main entrance. The project also provides a total of 867 parking spaces, exceeding the number of spaces required by the Municipal Code.The proposed project is conveniently located to four OCT A bus stops, and a bus routethat 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, that encompasses UC Irvine Medical Center, The City Center office buildings, The Block, and two substantial hotels. Additionally, mitigation measures and conditions of approval adopted in conjunction with project approval will address traffic congestion and safety- 4. 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. 5. With the exception of operational and cumulative air quality impact and cumulative noise impacts, the project has been designed to fully mitigate or substantially minimize adveTse environmental effects in that Environmental Impact Report No. 1710-02 was prepared and includes mitigation measures that re:duce potential impacts to aesthetics, construction-related air quality, cultural resources,hydrology, water supply and water quality, construction-related and on-site operational noise, public services and utilities, soils and geology, and project- specific traffic to less-than-significant levels.For those impacts identified as significant and unavoidable, the City Council finds that the benefits of the project outweigh the negative effects as detailed in Section 2 bdow. Adoption of Final Environmental Impact Report No. 1710-02 and associated Mitigation Monitoring Program will ensure that potential impacts are addressed.6. The creation of a new General Plan Floor Area Ratio Overlay District H and the zone change from Limited Business (C-1) to Planned Community (Specific Plan) [PC (SP)] are intended to accommodate the development of high-density residential uses by establishing a residential density range of 25 to 60 dwelling units per acre. Therefore, Major Site Plan Review No. 258-02 is bound to,and cannot proceed without, approval of General Plan Amendment No. 2002-0004 and Zone Change No. 1217-02. The residential development allowed by these land use changes support the implementation of the City's 2001 Housing Element which identifies Uptown Orange as an UnderutilizeclJRedevelopment Site, that has the potential to accommodate :500- 850 new dwelling units. The implementation program of the Pinnacle at Uptown Specific Plan also ensure the project's contribution to the development of affordable housing in the City.7. The Pinnacle at Uptown Specific Plan text establishes the development standards for the Planned Community land use designation established by Zone Ch.mge No. 1217-02. Upon City Council approval of the 8. That there is no evidence before the City of Orange that the proposed Specific Plan 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. 9. That the City of Orange has made required findings pursuant to CEQA as set forth in Section 2 below. 10. 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 Environmental Impact Report No. 1710- 02,General Plan Amendment No. 2002-0004, Zone Change No. 1217-02, and Major Site Plan Review No. 258- 02, staffs oral presentation, public testimony, and Commissioner comments which constituted the City Council's review of this application.SECTION 2 - ENVIRONMENTAL REVIEW 1. Environmental Impact Report No. 1710-02 was prepared for General Plan Amendment No. 2002-0004, Zone Change No. 1217-02, and Major Site Plan Review No. 258-02 in compliance with the California Environmental Quality Act and associated Guidelines.2. The City Council finds that the Final Environmental Impact Report contains an adequate assessment of the potential environmental impacts of General Plan Amendment No. 2002-0004, Zone Change No. 1217- 02, and Major Site Plan Review No. 258-02.3. The City Council finds that with the exception of operational and cumulative air quality impacts and cumulative noise impacts, all other potentially significant adverse environmental impacts can be mitigated to a level of insignificance. The City Council also finds that the benefits of the proposed project, including the substantial contribution the project makes to the City's housing stock, the housing units created in close proximity to a major employment center, and the mamler in which it implements the City's General Plan and Economic Development goals, outweigh the unavoidable adverse environmental effects and therefore recommends that the City Council approve Environmentall Impact Report No. 1710- 02 and adopt the SECTION 3 - CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed with approval: Gellleral 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 ddermined that there will be no impact upon wildlife resources, the f(:e shall be $850.00.2. 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 heen 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 shall conform in substance and be maintained in general conformance with plc:ms dated October 20, 2003 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 with the color and materials board submitted to and approved by the Design Review Committee on July 23, 2003. 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.5 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. Plannine 7. The applicant shall submit parking structure floor plans and a site plan clearly depicting a total of 92 guest parking spaces prior to the issuance of grading permits. 8. The applicant shall submit plans that incorporate a minimum of 30 additional private storage lockers. These lockers shall be assigned to the junior one-bedroom and loft units at no additional charge to the tenants of those units. Ten (10) of these lockers shall provide a minimum of 30 cubic feet of storage for assignment to the loft units,with the remaining 20 providing a minimum of 60 cubic feet of storage space. The incorporation of storage space shall be verified by the Planning Division prior to the issuance of building permits for the parking structure.9. The applicant shall incorporate a sidewalk along the eastern edge of the westernmost Chapman A venue vehicular access point that provides a link between the units and Chapman Avenue sidewalk.This feature shall be represented on the site plan for verification by the Planning Division prior to the issuance of building permits.Desi~ n 10. The applicant shall submit detailed architectural plans of the interior corridors of the complex for review and approval by the Community Development Director, or designee prior to the issuance of building permits.11. The applicant shall submit details of window trim, eaves, archways,horizontal trim, railings, and utility enclosures to the DRC for final review and approval prior to the issuance of building permits.12. Prior to the issuance of building pernlits, the applicant shall submit final landscape and irrigation plans flx review and approval by the Director of Community Services, or designee. The landscape plan shall clearly identify the planting legend on the plan with symbol, name, size and quantity of all plam materials. The landscape plan shall also incorporate all standard City notes and specifications. 13. The applicant shall cluster the roof ve:nts to the maximum extent possible through consolidating vents within attic space or similar methods. 14. The applicant shall submit samples of the artificial stone and roof material, as well as the color palette, for DRC review and approval prior to the issuance of building permits. 15. The applicant shall provide details on the garage headlight barrier adjacent to the apartment buildings to the DRC for review and approval prior to the issuance of building permits. 16. The applicant shall submit a final landscape and fencing plan to DRC for review and approval prior to the issuance of building permits. The final landscape plan submitted for review and approval by the DRC shall: Reflect the preservation of existing trees to the maximum extent possible, as deemed approprlate by the findings of a tree survey prepared by a certified arborist, in order to maintain the screening of the wireless communication facility from Chapman Avenue and preserve the visual quality of the Santa Ana River Trail; Incorporate low-profile clinging vines to grow on the back wall of the garages located along the west property line; and,Incorporate plantings that will fUnction to buffer the parking spaces, carport structures, and trash enclosures from the Santa Ana River Trail, while addressing the crime prevention objectives and requirements of the Orange Police Department.17. The applicant shall confirm the appropriate palm tree variety for use as street trees with the City's Street Tree coordinator prior to approval of the final landscape plan by DRC.Public Works 18. The applicant shall install traffic signal interconnect conduit in Chapman A venue between the traffic signal at Rampart Street and the west side of the Santa Ana River Bridge, for use by the City of Orange. This conduit shall be in addition to any interconnection conduit required by Caltrans to facilitate coordination between the project's traffic signal and the Chapman/Rampart traffic signal. 19. The westernmost Chapman Avenue vehicular access shall be restricted to right turn in and right turn out. This shall be reflected on the site improvement plans prior to the issuance of grading permits. 20. The applicant shall submit a Water Quality Management Plan to the Public Works Department for review and approval prior to the issuance of grading permits. The plan shall address both construction and long-term operating conditions on the site. The final site improvement plans shall meet all City NPDES permit requirements applicable at the time of permit issuance. Compliance with these requirements shall be verified by the Public Works Director, or designee, prior to the issmillce of grading permits.21. The applicant shall prepare a drainage plan for the project for review and approval by the Public Works D~:partment prior to the issuance of grading permits.22. The applicant shall obtain a grading permit from the Public Works Department prior to the start of site preparation.23. The applicant shall consolidate all existing parcels into one parcel prior to the issuance of building permits.24. The applicant shall provide trash enclosures and a trash compactor on-site per City Standards 408 and 409. These shall be included on site improvement plans for review and approval by the Public Works Department prior to the issuance of grading permits.25. The applicant shall relocate the existing City- owned sanitary sewer line and dedicate new easements per City standards. This dedication shall be verified by the Public Works Department prior to the issuance of grading permits.26. The applicant shall dedicate to the City any portion of Chapman A venue, if any, not currently dedicated for street and public utility purposes. Documentation of this dedication shall be submitted to the Public Works Department for review and approval prior to the issuance of grading permits.27. The applicant shall dedicate to the City the right to enter the private driveways for maintenance of pubhc utilities, Police Fif(~ 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. 28. The applicant shall design the carports to be open on all sides to provide for maximum surveillance/visibility. The suitability of the final carport design shall be ccmfinnecl by the Police Department prior to the issuance of building permits. 29. The design of the project stairwells shall be reviewed and approved by the Police Department prior to the issuance of building permits. 30. 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.31. The developer shall be responsible for the following Fire Department requirements: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, D.B. C.Standards 9-1 and 9-2. The sprinkler system requires 24-hour supervlSlon.When fire sprinkler systems are required in buildings of undetermined use, they shall be designed and installed to have a sprinkler density of not less than that required for an Ordinary Hazard Group 2 use with a minimum design area of 3,000 square feet.The Fire Department conm~ction 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.Provide on-site fire hydrant(s) and mains capable of supplying the required fire flow. The hydrant 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.LY.) 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.e. Sections 903 and 1001.7) The Fire Department connection shall not pressurize a hydrant. Plans must be submitted to the Building Department.The number and location of hydrants shall be determined by Fire and Water Departments.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.Every building shall be accessiblt~ 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.e. Sections 901 and 902.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.All exit ways shall be provided with an all weather surface that continues to a public way.Provide a secondary emergency access that is built and maintained in accordance with U.F.C. Sections 901 and 902.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.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) UTe. Section 902. W~lter 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.) UF.C. Section 902.2.2.3. Fire Department emergency access must not exceed 12 percent grade. D.F.C. Section 902.2.2.6. All mechanical gates shall be provided with a key- operated override per City of Orange Ordinance 9-84. And a manual release in case of electrical failure.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 shan contain keys to gain access to each building. U.F.C. Section 902.4.Provide fire access gates every 150 feet in all areas that are gated.Gates shall have a 4 feet minimum opening.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 a 8l" x 24"stretcher.Provide a fire alarm system as required per D.F.C. Article 10.Provide standpipes as required pe:r D.B.C. Table 9A.Fire facility fees will be required.An onsite inspector may be provided by the DeveloperlBuilder.The inspector must be approved and under contract with the Fire Department/City. An office, phone, and transportation must be provided on site.32. The applicant shall be responsible fix the relocation of the existing water facilities as impacted by the proposal to a location and of a design as the approved by the Water Division prior to the issuance of building 33. 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. 34. The applicant shall install a City dedicated water system as designed by the Water Division prior to the issuance of building permits. 35. Each building shall be metered separately unless otherwise approved by the Water Division. 36. The applicant shall furnish and install City dedicated remote read meters for all domestic and landscape services of a manufacturer as approved by the Water Division. 37. The applicant shall furnish and install individual pressure regulators on services where the incoming pressure exceeds 80 psi. 38. A twenty-foot (20') separation shall be maintained from the water mains to the all buildings and structures unless otherwise approved by the Water Division.39. Each building shall be protected with a separate fire service unless otherwise approved by the Fire Department and Water Division.40. 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.41. 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.42. The applicant shall furnish a dedicated and graded minimum IS-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 det~~rmined by the Water Division for all, public water facilities including mains, meters, detector checks, and fire hydrants prior to approval of the water plan.43. The applicant shall enter into a Decorative Improvement Agreement with the City of Orange prior to the final completion and acceptance of the water 44. The applicant shall provide material submittals for all proposed public water facilities to the Water Division for approval a minimum of 14-calendar days prior to construction.45. 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. Environmental 46. The applicant shall relocate some of the carport buildings to create a visual corridor for the occupants of the adjacent I- story office buildings. This change shall be reflected on the site plan and verified by the Community Development Director, or designee, prior to the issuance of grading permits. (Mitigation Measure 5.1-1)47. To the extent deemed feasible by the tre:e survey, existing trees from the interior of the proposed site shall be preserved in place or relocated to the site's perimeter edges to provide screening of the Santa Ana River Trail and the proposed development. The existing on site trees shall be evaluated in a Tree Survey to be performed by a certified arborist. The evaluation wiLl consider the general health and quality of the on site trees. The trees will be preserved in place,relocated or removed based upon criteria, including, but not limited to the following:Trees that are in good condition, healthy, and that would not be impacted by the proposed development activities, will remain in place.Trees that are in good condition, healthy, considered good candidates for relocation, and that would be impacted by the proposed development activities, will be relocated elsewhere on the site. Qualities indicative of good candidacy are species characteristics, health, and size.Trees that are not in good condition (i.e., not healthy or small) will be removed.The survey shall include a graphic representation of the location of all existing trees on the site and the trail alignment. The survey shall be reviewed and deemed adequate by the City's Landscape Coordinator prior to approval of the final landscape plan by the Design Review Committee and any tree removal activities.Additionally, prior to tree removal activities, the obtain from the Community Services Director or designee, tree removal permits for any trees larger than 10.5 inches in diameter at breast height (DBH). (Mitigation Measure 5.1- 2)48. The following tree replacement ratio shall apply to all large trees removed in the area between the trail and the nearest proposed building wall of the apartments. Any healthy trees removed in this area that are larger than 10.5 inches in DBH shall be replaced with 24-inch to 48-inch box specimens at the following ratios:25% at the 48-inch box size 25% at the 36-inch box size 50% at the 24-inch box size This shall be reflected on the final l:mdscape plan for review and approval by the City' s Design Review Committee and verification by the City's Landscape Coordinator on the working drawings prior to initiation of site clearance and tree removal. The City will consider the use of three IS-gallon trees in lieu of a 24-inch box specimen in instances where the planting of the larger container size is not appropriate given site conditions. (Mitigation Measure 5.1-3)49. The final landscape plan shall, at a minimum, include the following in order to screen the proposed carport structures, open parking, and trash enclosures from users of the Santa Ana River Trail:Shrubs with a mature height of approximately 3-feet and open growth habit to screen the grills of an average passenger vehicle. Trees with a mature canopy height appropriate to screen/ buffer carport roofs.Clinging vines to grow on trash enclosures.This screening shall be reflected on the final landscape plan and verified by the City's Landscape Coordinator in consultation with the Police Department prior to the issuance of building permits for the leasing office. (Mitigation Measure 5.1-4)50. None of the proposed plantings along the eastern site perimeter shall reach a height beyond three feet or have a tree canopy lower than six feet. This shall be verified by the City's Landscape Coordinator prior to the issuance of a building permit for the leasing office. Mitigation Measure 5.1- 5)51. In accordance with the City of Orange Municipal Ordinance Section 17.12.030, lighting on the site shall be directed, controlled, screened or shaded in such a manner as not to shine directly on surrounding premises. 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 5. 1-6)52. All on-site security lighting shall comply with Police Department lighting standards. The applicant shall submit a photometric study for Police Department review and approval prior to the issuance of building permits. (Mitigation Measure 5.1-7)53. Construction contractors shall use non-glare, directional lighting to minimize potential light and glare impacts when lights are necessary for nighttime safety and security in the construction area. Shields shall also be used to avoid light spillage toward surrounding residential and motellhotel uses. (Mitigation Measure 5.1-8)54. Construction areas immediately adjacent to residential uses along Rampart Street or along the project edge shall be temporarily screened by green mesh fencing in order to minimize impacts to ground floor receptors along the property line. The City of Orange Planning Division shall verify that this Dencing is in place prior to the issuance of building permits. Temporary fencing/screening should be removed only upon completion of construction in adjacent areas. If fencing is needed in the pubEc right-of-way, the applicant shall obtain an encroachment pennit from the Public Works Department.Mitigation Measure 5.1-9)55. All heavy equipment shall be maintained in a proper state of tune as per the manufacturer's specifications. (Mitigation Measure 5.2-1)56. Prior to the issuance of any grading permits, the applicant shall prepare a Fugitive Dust (PMIO) Mitigation Plan. The Plan shall identify methods to control fugitive dust through implementation of reasonable available control measures 1m sufficient frequencies and quantities to prevent visible emissions from crossing the property line of the proposed project site, All areas of active grading shall be watered at least twice daily. Disturbed areas at the construction site shall be treated with dust suppressants when activities have ceased for 30 days. All stockpiles for material export (including demolition debris) shall be watered twice daily. Stockpiles that may be used for long-term on-site soil storage shall be planted and watered twice daily until such plants take root.Trucks removing excavated solids from the site shall be hosed down or brushed off to avoid excessive track out of loose soil.Additionally, the construction contractor shall specify the use of wheel washers" if soil is tracked out onto public roads.The plan shall be reviewed and approved by the Community Development Director or designee, prior to permit issuance.MitigationMeasure 5.2-3)57. The project shall incorporate an alternative fuel vehicle, electric charging station(s), and/or natural gas hookup( s). These features shall be incorporated into the construction drawings for verification by the Community Development Director, or designee, prior to the issuance of building permits. (Mitigation Measure 5.2-4)58. The applicant/contractor shall specify the installation of energy efficient lighting, air conditioning and appliances. This shall be reflected on the construction drawings and verified by the Building Official, or designee, prior to the issuance of building permits. Mitigation Measure 5.2-5)59. An Orange County certified archaeologist/paleontologist shall be retained onsite to monitor all earthmoving activities, including clearing, grubbing and grading of the site. ( Mitigation Measure 5.3-1)60. If previously unidentified archeological resources are uncovered during site preparation, grading, or excavation, the archaeological/paleontological monitor shall temporarily halt or divert grading in the immediate area of the discovery and to 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 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 21083.2 ofCEQA. 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 5.3- 2)61. If previously unidentified paleontological resources are uncovered during site preparation, grading, or excavation, thearchaeological/paleontological monitor shall temporarily halt or divert grading in the immediate area of the discovery and to evaluate the resources. If thearcheologist/paleontologist determines that they are unique paleontological resources as defined by Section 21083. 2 of CEQA, then the archeologistl 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 21083.2 of CEQA. If unique resources are found, they shall he salvaged and collected in compliance with all applicable regulations, and shall be sent to a designated museum or agency. (Mitigation Measure5. 3-3)62. If cultural resources are uncovered during grading activities, grading activity in the affected area(s) shaH cease and a Native American monitor shall be brought onsitle to assist in the identification and recovery of items. (Mitigation Measure 5.3-4)63. If evidence of human remains is identified, the Orange County Coroner must be notified and permitted to determine the nature of the remains. If identified as Native American (prehistoric), the Native American Heritage Commission shall be notified and specific tasks associated with relocation and reburial shall be initiated.Mitigation Measure 5.3-5)64. Best management practices deemed necessary by the Regional Water Quality Control Board and the City of Orange shall be utilized on the project site during construction to prevent discharge of sediment runoff into the storm water facilities. These measures will 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 5.5-1)65. The applicant shall implement post-construction BMPs consistent with the Water Quality Section 7 and Exhibit 7-II of the 2003 Countywide Drainage Area Management Plan (DAMP). This includes documenting commitments to installation and maintenance of site design, source control, and treatment control BMPs consistent with the DAMP New Development and Significant Redevelopment Program for review and approval by the Public Works Director or designee prior to the issuance of grading permits. The BMPs shall include, but not be limited to:Fossil filters or their equivalent shall be installed in the storm drains on the project site to provide detention and filtering of contaminants in urban runoff from the developed site;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; and Timely maintenance will be required by the project applicant of storm drains to ensure that inserts and filters are kept in optimum working order.Sediment from areas disturbed by construction shall be retained on site using structural controls to the maximum extent practicable.Stockpiles of soil shall be prop~:rly contained to eliminate or reduce sediment transport from the site to streets, drainage facilities or adjacent properties via runoff, vehicle tracking, or wind.Appropriate Best Management Practices (BMPs) for construction-related materials, wastes, spills or residues shall be implemented to minimize transport from the site to streets,drainage facilities, or adjoining properties by wind or runoff.Runoff from equipment and vehicle washing shall be contained at construction sites unless treated to reduce or remove sediment and other pollutants.All construction contractor and subcontractor personnel are to be made aware of the best management practices and good housekeeping measures for the project site and any associated construction staging At the end of each day of construction activity all construction debris and waste materials shall be collected and properly disposed in trash or recycle bins. Construction sites shall be maintained in such a condition that a storm does not carry wastes or pollutants off the site. Discharges other than stormwater (non-stormwater discharges) are authorized under California's General Permit for Storm Water Discharges Associated with Construction Activity only where they do not cause or contribute to a violation of any water quality standard and are controlled through implementation of appropriate BMPs for eliminatJion or reduction of pollutants.Non-stormwater discharges must be eliminated or reduced to the extent feasible.Potential pollutants include but are not limited to: solid or liquid chemical spills; wastes from paints, stains, sealants, solvents,detergents, glues, lime, pesticides, herbicides, fertilizers, wood preservatives, and asbestos fibers, paint flakes or stucco fragments; fuels, oils, lubricants, and hydraulic radiator or battery fluids; concrete and related cutting or curing residues;floatable wastes; wastes from any engine/ equipment steam cleaning or chemical degreasing; wastes from street cleaning;and superchlorinated potable water line flushing and testing.During construction, disposal of such materials should occur in a specified and controlled temporary area on-site physically separated from potential stonnwater runoff, with ultimate disposal in accordance with local, state and federal requirements.Discharging contaminated groundwater produced by dewatering groundwater that has infiltrated into the construction site is prohibited. Discharging of contaminate soils via surface erosion is also prohibited. Discharging non-contaminated groundwaterproducedby dewatering activitil::s requires a National Pollutant Discharge Elimination System (NPDES) permit from the Santa Ana Regional Water Quality Control Board. Mitigation Measure 5.5-2)66. During all project site preparation, grading and construction, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. All maintained in a properly tuned condition. (Mitigation Measure 5.7- 1) 67. The project contractor shall place all stationary construction equipment as far as feasible and situated so that emitted noise is directed away from sensitive receptors to the west of the project site. Mitigation Measure 5.7- 2)68. The construction contractor shall locate long-term stock-piling and equipment staging areas in a manner to provide as much distance between construction-related noise sources and potentially noise sensitive receptors to the west as feasible during all project site preparation, grading and construction activities. ( Mitigation Measure 5.7-3)69. All construction hauling shall be limited to those days and hours specified for on- site construction. Construction hours will be enforced by the City of Orange. (Mitigation Measure 5.7-4)70. All construction equipment maintenance shall be limited to those days and hours specified for on-site construction. (Mitigation Measure 5.7-5)71. Prior to the issuance of any grading permits, an Acoustical Analysis Report shall be submitted to the Community Development Director or designee for review and approval. The Acoustical Analysis Report shall describe the acoustical design features of the structures required to satisfy the City's interior noise standards. Additionally,the analysis shall provide recommendations to reduce patio noise to no more than 70 dBA CNEL for any balcony with a depth of six feet or more for a receptor located at a height of 5 feet above the balcony's floor. This latter standard may be met using glass or Plexiglass sheeting. In addition, the Acoustical Analysis Report shall contain satisfactory evidence indicating that the sound attenuation measures specified in the approved acoustical reports have been incorporated into the design of the project. No site occupancy shall occur until subsequent noise measurements show that the 70 dB standard has been met on the balconies. (Mitigation Measure 5.7-6) 72. Field-testing in accordance with Title 25 regulations shall be conducted to verify interior and exterior compliance with Sound Transmission Class (STC) and Impact Insulation Class (IIC) design standards and City noise standards. The results of this testing prior to the issuance of any Certificates of Use and Occupancy. Mitigation Measure 5.7- 7)73. Trash compaction shall be restricted to operation between the hours of7:00 a.m. and 10:00 p.m. (Mitigation Measure 5. 7-8)74. Prior to 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 will identify alternate routes for emergency access during construction activities. (Mitigation Measure 5.9-1)75. 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 5.9-2)76. Sufficient accessibility for fire- fighting equipment shall be provided during all phases of construction and subsequent operation.Mitigation Measure 5.9-3)77. The Orange Fire Department shall review and approve development plans to ensure adequate access and fire protection facilities are available prior to the issuance of any building permits. (Mitigation Measure 5.9-4)78. Prior to issuance of a building permit, the project applicant shall submit an emergency access plan to the City of Orange Police Department. This plan will identify alternate routes for emergency access during construction, to areas potentially blocked by project- related construction activities. (Mitigation Measure 5.9-5)79. The applicant shall coordinate with the City of Orange Water Department regarding the depths and locations of the existing water mains. 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 o'wners and tenants of affected properties one week in advance. Proof of notification shall be provided to the Public Works Director. (Mitigation Measure 5.9-6) 80. Water conservation measures recomrnended by the State Department of Water Resources and applicable state laws requiring the use of water-efficient pluming fixtures and recommendations for low-water-using landscaping shall be incorporated into project design shall be verified by the City's Building Official or designee, and Landscape Coordinator prior to the issuance of building permits. Mitigation Measure 5.9- 7)81. The applicant will dedicate sufficient right of way for proper maintenance of the Southeast Anaheim Channel as it passes beneath the project site. The applicant shall widen the easement to 37 feet as required by the OCFCD. This dedication shall be reflected on the grading and construction plans for verification by the Public Works Director, or designee, and Community Development Director, or designee, prior to the issuance of grading and building permits.Documentation of the dedication shall also be provided to the Public Works Director or designee prior to the issuance of grading permits.Mitigation Measure 5. 9-8)82. The applicant shall work with the City of Orange, the County of Orange Harbors, Beaches, and Parks Department, and the Orange County Flood Control District for coordination of trail access point design between the project site and the Santa Ana River Bike Trail to ensure appropriate access related to flood control. The design and establishment of the access points shall be completed prior to the issuance of the first Certificate of Occupancy for the living units.Mitigation Measure 5.9-9)83. Prior to any work being conducted within OCFCD right-of-way, a Public Property Encroachment Pernlit shall be obtained by the developer from the County' s Public Facilities and Resources Department. A copy of this permit shall be submitted to the Public Works Director or designee prior to the issuance of grading permits.Mitigation Measure 5.9-10)84. The project construction contractor shall reduce construction-generated waste according to state law by 50%. The applicant or contractor shall submit a construction waste management plan explaining the practices that will be used to achieve this level of reduction. This plan shall be reviewed and accepted by the City's Solid Waste Management Coordinator prior to the issuance of building permits. (Mitigation Measun~ 5.9-11)85. The applicant shall pay all applicable library facility fees required by the City of Orange prior to the issuance of any 86. Prior to erecting any structures on the project site, all unsuitable soil materials shall be removed and replaced as engineered fill. Mitigation Measure 5.11- 1)87. 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 by the Landscape Coordinator, in coordination with the Public Works Department, prior to the issuance of building permits. ( Mitigation Measure 5. 11-2)88. The applicant shall design the building foundations to prevent pooling of surface water. The adequacy of the design shall be verified by the Chief Building Official or designee prior to the issuance of building permits. (Mitigation Measure 5.11-3)89. The applicant shall post a bond or letter of credit in the anlOunt of the applicant's 5% share of the cost ($10,000) to install an additional eastbound right-turn lane on Orangewood Avenue at Rampart Street in the City of Anaheim. The proportional cost of the project's contribution to traffic at this intersection was determined in the May 7,2003 feasibility study prepared by Austin-Foust Associates. Upon written request by the applicant, the City of Anaheim shall have 120 days to approve the amount of the bond and notify the applicant in writing. The applicant must post the bond within 30 days after receiving written notification of the bond amount. Anaheim shall notify the City of Orange in writing upon acceptance of the applicant's bond. If the bond amount is not approved by the City of Anaheim within 120 days of the applicant' s written request, then the applicant shall comply with alternative mitigation measures which shall consist of the applicant's paying the City of Orange $10,000 to be used for traffic improvements in the project vicinity. Compliance with this mitigation measure shall occur prior to the issuance of the first building permit for the garden units. Building permits for the parking structure, recreation! leasing center, and wrapped units may be issued prior to compli, mce: with this measure. (Mitigation Measure 5.12-1)90. A traffic signal shall be provided at the main project access point on Chapman Avenue. This signal shall be operated and maintained by Caltrans and coordinated with thE~ Caltrans signal at Rampart Street/Chapman Avenue and 1-5 southbound ramps/Chapman Avenue. All necessary arrangements for the signal shall be coordinated with the Public Works Director or designee and Caltrans prior to issuance of grading prior to the issuance of building permits. (Mitigation Measure 5.12- 2) In lieu of these requirements, the applicant will enter into a traffic signal maintenance agreement which meets the approval of the Public Works Director and the City Manager. 91. The applicant shall enter into a maintenance agreement with the City to ensure that the maintenance of the project meets standards associated with luxury apartments and provides opportunities for the City to enforce these standards along the lines of the maintenance agreement between Orange City Mills Partnership and the Orange Redevelopment Agency. Code Provisions The following Code provisions are applicable to this project and are included for infonnation 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, 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, if received before the expiration deadline.ADOPTED this 13th day of January, 2004. ATTEST: Lit ~ y Clerk, City 0 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':he City of Orange at a regular meeting thereof held on the 13th day of January, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None I i~'e:, MaryE.City Clerk, Cit 25