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RES-9821 Mitigated Negative Declaration Approval Mixed Use Development 3091 W Chapman Ave.RESOLUTION NO. 9821 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING MITIGATED NEGATIVE DECLARATION NO. 1723- 03,CONDITIONAL USE PERMIT NO. 2478- 03, AND MAJOR SITE PLAN REVIEW NO. 286- 03 TO ALLOW THE CONSTRUCTION OF A MIXED-USE DEVELOPMENT CONSISTING OF 279 RESIDENTIAL APARTMENT UNITS, APPROXIMATELY 4,200 SQ.FT.OF GENERAL RETAIL SPACE, AND A 4,000 SQ. FT.LEASING OFFICE, UPON PROPERTY LOCATED AT 3091 WEST CHAPMAN AVENUE. APPLICANT: TRAMMELL CROW RESIDENTIAL WHEREAS, Conditional Use Permit No. 2478-03, and Major Site Plan Review No.286-03 were filed by Trammell Crow Residential in accordancewiththeprovisionsofthe City of Orange Municipal Code; and WHEREAS, Conditional Use Permit No. 2478- 03, and Major Site Plan Review No.286-03 were processed in the time and manner prescribed by state and local law; and WHEREAS, the City Council has considered the information contained in Mitigated Negative Declaration No. 1723- 03, including any comments received during the public review period, and has found that with the adoption of mitigation measures and conditions of approval to address potential impacts that were identified, the proj ect will not cause significant adverse impacts upon the environment or wildlife; and WHEREAS, the CityCouncilconductedonedulyadvertisedpublichearingonJanuary27, 2004, for the purpose of considering Conditional Use Permit No. 2478-03, Major Site Plan Review No. 286-03, and Mitigated Negative Declaration No. 1723-03, upon property described as follows: THAT PORTION OF LOT 9 OF THE LOCKHART TRACT IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 4, PAGES 512 AND 513 OF MISCELLANEOUS RECORDS OF LOS ANGELES,DESCRIBED AS FOLLOWS;PARCEL 1 AS SHOWN ON A MAP THEREOF FILE IN BOOK 23, PAGE 33 OF EXCEPTING THEREFROM THAT CERTAIN 25 FOOT TRIANGULAR PORTION THEREOF IN THE MOST WESTERLY CORNER DESCRIBED IN THE DEED TO CITY OF ORANGE RECORDED MARCH 24,1971 IN BOOK 9581, PAGE 103, OF OFFICIAL RECORDS. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that Mitigated Negative Declaration No. 1723-03, Conditional Use Permit No. 2478- 03, and Major Site Plan Review No. 286-03, to allow the construction of a mixed-use development, are hereby approved based on the following findings: SECTION 1 - FINDINGS 1. The project design is compatible with surrounding development and neighborhoods in that the adjoining area is developed with a commercial office complex to the north and a mobile home park to the west. Further west of the project site are high-intensity developments that include the UC Irvine Medical Center, major hotels, high-rise offices, County facilities, and The Block at Orange shopping center. Given the property's proximity to the 1-5 Freeway and frontage along a Major Arterial Highway,the scale and character of the proposed project is appropriate for the area in which it is located. Furthermore, the project site is also located within the Orange Merged and Amended Redevelopment Area, and has been addressed in the Uptown Orange Land Use and Economic Development Strategy, which identifies the suitability of the area for the development of a mix of uses including high-density residential development.2. The project conforms to the applicable development standards, and is consistent with the City's adopted special design guidelines for the area. The City's Design Review Committee (DRC) has reviewed the project's architectural design, extelior finish colors and material, and landscaping concept plans for conformance with the Southwest Design Standards. The DRC determined that the project as proposed, has an internally consistent, integrated design theme that is reflected in the use of creative building elements and architectural features in achieving a high quality project with visual interest and a contemporary architectural style.3. The proposed project provides for safe and adequate vehicular and pedestrian circulation, both on and off-site. All the primary vehicular access points are located on Rampart Street in an effort to avoid conflicts with fast moving traffic on Chapman Avenue. The driveway that runs along the east property line is used only as an emergency access for Fire Department apparatus. The proposed project is conveniently located to four OCT A bus stops, and a bus route that provides access to and from the Orange Transportation Center/ Metrolink Station. The project site is also within walking distance of The City Center, a major hub of employment and retail activity.4. The City's Public Works, Fire, and Police Departments have reviewed the project and indicated that existing infrastructure and serve the project. These City departments have indicated that with adoption of the proposed mitigation measures, conditions of approval, and application of code requirements, potential impacts to City services are adequately addressed. 5. The proposed project has been designed to mitigate or substantially minimize adverse environmental effects in that Mitigated Negative Declaration No. 1723-03 was prepared and includes mitigation measures that reduce potential impacts to less-than-significant levels. Adoption of Mitigated Negative Declaration No. 1723-03 and associated Mitigation Monitoring Program will ensure that potential impacts are adequately addressed.6. The creation of a new General Plan Floor Area Ratio Overlay District H is intended to accommodate the development of high-density residential uses by establishing a residential density range of 25 to 60 dwelling units per acre. The proposed high density development will help the implementation of the City' s 2001 General Plan Housing Element which identifies the "Uptown Orange" area as an underutilized redevelopment site that has the potential to accommodate 500 to 850 new residential units.7. That there is no evidence before the City of Orange that the proposed project and associated development will have any potential for adverse affects, either individually or cumulatively, on wildlife resources or the habitat upon which the wildlife depends.Therefore, the proposed development is found to have a de minimis impact in its effect on fish and wildlife.8. That the City of Orange has made required findings pursuant to CEQA as set forth in Section 2 below.9. That the data and analysis upon which these findings of fact are based, including those in Section 2 of this Resolution, are set forth in the staff report for Mitigated Negative Declaration No. 1723-03, Conditional Use Permit No. 2478-03, and Major Site Plan Review No. 286-03, staffs oral presentation, public testimony, Cornmissioner comments, and substantial evidence in the record, which constitutes the City Council's review of this application.SECTION 2 - ENVIRONMENTAL REVIEW 1. Mitigated Negative Declaration No. 1723-03 was prepared to evaluate the potential environmental effects for Conditional Use Permit No. 2478-03, and Major Site Plan Review No. 286- 03 in compliance with the California Environmental Quality Act CEQA).2. The City Council finds that Mitigated Negative Declaration No. 1723-03 contains an adequate assessment of the potential environmental impacts of Conditional Use 3. The City Council finds that the potentially significant adverse environmental impacts can be mitigated to a level of insignificance and therefore approves and adopts Mitigated Negative Declaration No. 1723-03 and Mitigation Monitoring Program attached to the staffreport as Exhibit A and incorporated herein as if fully set forth.SECTION 3 - CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed with approval: General I. Within two (2) days of final approval of this project, the applicant shall deliver to the Plamling Division a cashiers check payable to the Orange County Clerk in an amount required to fulfill the fee requirements of Fish and Game Code Section 711.4(d)(2) and the County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code 21152 14 Cal. Code Regulations 15075. If it is determined that there will be no impact upon wildlife resources, the fee shall be $43.00. 2. Within two days of final approval of this project, the applicant shall submit a 3,000.00 deposit to the Plamling Division for the Mitigation Monitoring and Reporting Program. Time spent by City staff to complete the project will be charged to the applicant. When more than 50% of the deposit has been credited toward hourly services provided, the applicant will be billed directly for actual time spent on the project. At the completion of the project, a final accounting of deposit posted and amounts charged toward the project will be calculated and any charges due to the City or refunds due to the applicant will be processed. 3. All construction shall conform in substance and be maintained in general conformance with plans labeled Exhibit B to the staff report and dated January 27, 2004, for identification purposes, with a list of materials and finishes, as recornmended for approval by the Plamling Commission and ultimately approved by the City Council. 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. The applicant shall comply with all federal, state, and local laws, including all City regulations. Violation of any of those laws will be cause for revocation of this permit. 6. These conditions shall be reprinted on the cover sheet or first page of construction documents prior to the issuance of building permits. 4 L _ Planninl! Division 7. The applicant shall be responsible for the payment of an In-Lieu Housing fee in the amount of $2,850.00 per dwelling unit to the City of Orange Redevelopment Agency for the development of affordable housing units elsewhere in the City.8. The applicant shall submit final landscape plans to the Design Review Cornmittee for review and approval, prior to the issuance of building permits.The final landscape plans shall incorporate the use of palm trees as street trees spaced at a maximum of 20-foot on-center in the public right-of-way along the Chapman Avenue frontage. The placement of the palm trees shall be continued around the street corner and terminating before the first driveway approach along Rampart Street. The appropriate palm tree variety shall be verified by the City's Street Tree Coordinator to match with the palm trees used for the adjoining Pinnacle at Uptown Orange apartment project. Final landscape plan to include City required inspection notes.9. The applicant shall submit detailed roof plans to the Design Review Cornmittee for review and approval prior to the issuance of building permits. The roof plans shall address the proper architectural methods of screening roof mounted mechanical equipment as viewed from the adjoining 1-5 Freeway.Public Works Department 10. The applicant shall submit a Water Quality Management Plan (WQMP) to the Public Works Department in order to comply with all current requirements of the National Pollutant Discharge Elimination System (NPDES) permit program.A Storm Water Pollution Prevention Plan (SWPPP) and a Notice of Intent from the State Water Resources Control Board shall be required prior to issuance of grading permit.11. The applicant shall submit grading plans and obtain a grading permit from the Public Works Department prior to start of any construction.12. The applicant shall consolidate all existing parcels into one parcel prior to the issuance of grading permits.13. The applicant shall provide trash enclosures and a trash compactor on-site per City Standards No. 408 and 409. These items shall be included with on site improvement plans for review and approval by the Public Works Department prior to the issuance of grading permits.14. The applicant shall relocate the existing City-owned sanitary sewer line and dedicate new easements per City standards 15. The applicant shall dedicate to the City the right to enter the private driveways for maintenance of public utilities, emergency access, trash collection, etc. Documentation of this dedication shall be submitted to the Public Works Department for review and approval prior to the issuance of grading permits. Police Department 16. To ensure adequate services are provided and to minimize the demands on police service, security and design measures that employ Defensible Space concepts shall be utilized in development and construction plans. These measures incorporate the concepts of Crime Prevention Through Environmental Design (CPTED), which involves consideration such as placement and orientation of structures, access and visibility of common areas, placement of doors, windows, addressing and landscaping. CPTED promotes public safety, physical security and allows residents the ability to monitor activity in neighboring areas. Fire Department 17. 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 requires 24-hour supervision.18. 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.19. The Fire Department connection 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.20. Provide on-site fire hydrant(s) and mains capable of supplying the required fire flow. The hydrant model and on-site location shall be approved by the Fire Department and have a three (3) foot minimum clearance around the circumference of the fire hydrant. The on- site hydrants shall not be controlled by the control valve (P.I.V.) for the sprinkler system so that water flow to the hydrants is not impaired should the sprinkler system be shut down for any reason. (U.F.C. Sections 903 and 1001. 7) The Fire Department connection shall not pressurize a hydrant. Plans must be submitted to the Building Department.21. The number and location of hydrants shall be determined 22. 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. 23. 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. 24. 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 Citv of Orange Fire Departments Fire Lane Standards. 25. All exit ways shall be provided with an all weather surface that continues to a public way. 26. Provide a secondary emergency access that is built and maintained in accordance with U.F.C. Sections 901 and 902. 27. 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.28. 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) D.F.C. Section 902. 2.2.2.29. The Fire Department access roadway shall be provided with adequate turning radius for fire department apparatus. (A 45 foot outside and 25 foot inside radius.) U.F.C. Section 902. 2.2.3.30. Fire Department emergency access must not exceed 12 percent grade. U.F.C.Section 902. 2.2.6.31. 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.32. 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 each building. U. F.C. Section 902.4.33. Provide fire access gates every 150 in all areas that are gated. Gates shall have a 34. 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. 35. Provide a fire alarm system as required per U.F.C. Article 10. 36. Provide standpipes as required per D.B.C. Table 9A. 37. 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. Water Division 38. 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 the approved by the Water Division prior to the issuance of building permits. 39. 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. 40. The applicant shall install a City dedicated water system as designed by the Water Division prior to the issuance of building permits. 41. An eight-foot minimum clearance is required between water mains/fire hydrants and trees or other substantial shrubs, bushes, or plants.42. That the installation of sewer mains in the vicinity of water mains shall be done in per Public Works Department Standard No. 204.43. A six-foot minimum horizontal clearance and a one- foot mlmmum vertical clearance shall be maintained between City water lines and all other utilities except sewer.44. The installation of permanent SIgnS, awnings, or other structures over water mains is prohibited.45. Each building shall be metered separately unless otherwise approved by the Water Division.46. 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 47. The applicant shall furnish and install individual pressure regulators on services where the incoming pressure exceeds 80 psi. 48. A minimum nineteen-foot (19') separation shall be maintained from the water mains to the all buildings and structures unless otherwise approved by the Water Division.49. Each building shall be protected with a separate fire service unless otherwise approved by the Fire Department and Water Division.50. The location of fire hydrants shall be reviewed and approved by both the Water Division and Fire Department 51. 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.52. 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.53. 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.54. 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.55. The applicant shall provide material submittals for all proposed public water facilities to the Water Division for approval a minimum of l4-calendar days prior to construction.56. 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 57. Lighting on the site shall be directed, controlled, screened or shaded in such a manner as not to shine directly on surrounding premises, in accordance with the City of Orange Municipal Ordinance Section 17.12. 030. Furthermore, lighting on any residential property shall be controlled so as to prevent glare or direct illumination of any public sidewalk or thoroughfares. These conditions verified by the Police Department prior to the issuance of certificates of occupancy for each phase of construction. (Mitigation Measure AES- l)58. All on-site security lighting shall comply with Police Department lighting standards. Prior to the issuance of building permits, the Police Department shall review and approve project lighting, including but not limited to 24-hour lighting in all appropriate residential corridors and parking structure areas. Mitigation Measure AES-2)59. The following dust suppression measures in the SCAQMD CEQA Air Quality Handbook shall be included as part of the project's construction:Re-vegetate disturbed areas as quickly as possible.All excavating and grading operations shall be suspended when wind speeds (as instantaneous gusts) exceed 25 mph.All streets shall be swept once per day if visible soil materials are carried to adjacent streets (recommend water sweepers with reclaimed water).Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash trucks and any equipment leaving the site each trip.All on-site roads shall be paved as soon as feasible, watered periodically, or chemically stabilized.The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times.Mitigation Measure AQ-l)60. The Construction Contractor shall select the construction equipment used on-site based on low emission factors and high-energy efficiency. The Construction Contractor shall ensure that construction-grading plans include a statement that all construction equipment would be tuned and maintained in accordance with the manufacturer's specifications. (Mitigation Measure AQ-2) 61. The Construction Contractor shall utilize electric or diesel powered equipment in lieu of gasoline-powered engines, where feasible. (Mitigation Measure AQ-3)62. The Construction Contractor shall ensure that construction-grading plans include a statement that work crews would shut off equipment when not in use. During smog season (May through October), the overall length of the construction period would be extended; thereby decreasing the size of the area prepared each day, to minimize vehicles and equipment operating at the same time.Mitigation Measure AQ- 4)63. The Construction Contractor shall time the construction activities so as adjacent to the site; if necessary, a flag person shall be retained to maintain safety adjacent to existing roadways. (Mitigation Measure AQ- 5)64. The Construction Contractor shall support and encourage ridesharing and transit incentives for the construction crew. (Mitigation Measure AQ-6) Cultural Resources 65. An Orange County certified archaeologist/paleontologist shall be retained on-site to monitor all earthmoving activities, including grading of the site.Mitigation Measure CLU-l)66. If previously unidentified archaeological resources are uncovered during construction activities, including site preparation and grading, the archaeologicaVpaleontological monitor shall temporarily halt or divert grading in the immediate area of the discovery and evaluate the resources. If the archaeologist/paleontologist determines that they are unique archaeological resources as defined by Section 21083.2 of CEQA, then the archaeologist/paleontologist shall conduct additional excavations to avoid impacts to these resources by the development. If they are not " unique," then no further mitigation would be required. Unique cultural resources shall be determined based on the criteria set forth in Section 21083.3 of CEO A. Ifunique resources are found, they shall be salvaged and collected in compliance with all applicable regulations, and shall be sent to a designated museum or agency. Mitigation Measure CLU-2)67. If cultural resources are uncovered during grading activities, grading activity in the affected area(s) shall cease, per Mitigated Measure CUL2, and a Native American monitor shall be brought on-site to assist in the identification and recovery of items. (Mitigation Measure CLU-3)Geolol!v and Soils 68. All structures shall be designed as confirmed during the building design plan checking, to withstand anticipated ground shaking caused by future earthquakes within an acceptable level of risk, i.e., high risk zone, as designated by the City's latest adopted edition of the Uniform Building Code. (Mitigation Measure GEO-l)69. Prior to the issuance of a grading permit, a site specific geologic and soils report shall be prepared by a registered geologist or soils engineer and submitted to the City Community DevelopmentDepartment for approval. The report shall specit)r design parameters necessary to remediate any soil 70. Precise grading plans shall include an Erosion, Siltation and Dust Control Plan to be approved by the City's Community Development Department. The Plan's provisions may include sedimentation basins, sand bagging, soil compaction, revegetation, temporary irrigation, scheduling and time limits on gradingactivities, and construction equipment restrictions on-site. This plan shall also demonstrate compliance with South Coast Air Quality Management District Rule 403, which regulates fugitive dust control. (Mitigation Measure GEO-3)71. The applicant shall install an area drain system in planter areas to prevent pooling of surface water. This system shall be indicated on the drainage and/or landscape plan (as appropriate) and verified with the Landscape Coordinator, in coordination with the Public Works Department, prior to the issuance of building permits. (Mitigation Measure GEO-4)72. The applicant shall install an area drain system in planter areas to prevent pooling of surface water. This system shall be indicated on the drainage and/or landscape plan (as appropriate) and verified with the Landscape Coordinator, in coordination with the Public Works Department, prior to the issuance of building permits. ( Mitigation Measure GEO-5) Hazards and Hazardous Materials 73. Intrusive sampling and subsequent abatement shall be required for asbestos containing material (ACM) in the Orange Garden Inn. Identified and presumed ACMs shall be removed prior to demolition activities that may disturb them. A California licensed asbestos abatement contractor shall conduct abatement activities. Oversight and air monitoring shall be conducted during any abatement activities by a qualified and certified consultant. (Mitigation Measure HAZ-l) Hvdrolol!V and Water Oualitv 74. Prior to issuance of building permits, the applicant shall obtain a Construction Activities General Permit from the State Water Resources Control Board/Santa Ana Regional Water Quality Control Board. Evidence that this has been obtained shall be submitted to the City Public Works Department. (Mitigation Measure HWQ-l)75. Prior to issuance of building permits, the applicant shall submit for approval by the City's Public Works Department, a Water Quality Management Plan WQMP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to control predictable pollutant runoff. These measures would be stipulated in the Storm Water Pollution Prevention Plan (SWPPP) for review and verification by the Public Works Director, or designee, prior to the issuance 76. Fossil filters or their equivalent shall be installed in the storm drains on the project site to provide detention and filtering of contaminates in urban runoff from the developed site. (Mitigation Measure HWQ- 3)77. Inlet inserts shall be installed in the storm drains on the project site in order to prevent any backflow of water from the storm drains onto the project site.Mitigation Measure HWQ-4)78. Timely maintenance shall be required by the project applicant of storm drains to ensure that inserts and filters are kept in optimum working order. (Mitigation Measure HWQ-5)Noise 79. During all project site excavation and grading, the Construction Contractor shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. ( Mitigation Measure N-l)80. During all project site excavation and grading, the Construction Contractor shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. (Mitigation Measure N-2)81. The Construction Contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. (Mitigation Measure N-3)82. The Construction Contractor shall locate equipment staging in areas that would create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction.Mitigation Measure N-4)83. The Construction Contractor shall restrict all construction-related activities that would result in high noise levels between the hours of 8:00 PM and 7:00 AM on weekdays, including Saturday, or at any time on Sunday or a federal holiday.Mitigation Measure N-5)84. An air conditioning system, a form of mechanical ventilation, shall be required for the following project areas:Frontline units along Rampart Street;All bedrooms with exposure to the traffic 85. Double-paned windows with a minimum STC-37 shall be required for all units fronting 1-5 on the fourth floor. Double-paned windows with a minimum STC-35 shall be required for all units fronting 1-5 on the third floor. Double-paned windows with a minimum STC-34 shall be required for all units fronting 1-5 on the second floor. Double-paned windows with a minimum STC-33 shall be required for all units fronting 1-5 on the ground floor. (Mitigation Measure N-7)86. A six-foot solid sound barrier for patios and balconies associated with frontline dwelling units on the side facing 1-5 shall be required to reduce the exterior noise level to 70 dBA CNEL or lower. (Mitigation Measure N-8)Public Services 87. Prior to the issuance of a building permit, the applicant shall submit an emergency access plan to the City of Orange Fire Department for review and approval. This Plan shall identify alternate routes for emergency access during construction activities. (Mitigation Measure PS- 1)88. The applicant shall pay all applicable fire facility fees required by the City of Orange Fire Department prior to the issuance of any building permits.Mitigation Measure 5.7-7)89. Sufficient accessibility for fire-fighting equipment shall be provided during all phases of construction and subsequent operation. (Mitigation Measure PS-3)90. The Orange Fire Department shall review and approve development plans to ensure that access and fire protection facilities are available prior to the issuance of building permits. (Mitigation Measure PS-4)91. Prior to the issuance of a buildingpermit, the applicant shall submit an emergency access plan to the City of Orange Police Department. This plan would identit)r alternate routes for emergency access during construction, to area potentially blocked by project-related construction activities. (Mitigation Measure PS-5)92. The applicant shall pay all applicable school impact fees to the Orange Unified School District prior to the issuance of any building permits. (Mitigation Measure PS-6)93. The applicant shall pay Transportationffraffic 94. The applicant shall be responsible for the payment of City of Orange traffic improvement fees. (Mitigation Measure T -1) Utilities and Service Svstems 95. The applicant shall coordinate with the City of Orange Public Works Department and the Orange County Sanitation District regarding the depths and locations existing and proposed sewer conveyance facilities. This coordination shall occur prior to the issuance of grading permits. (Mitigation Measure UTIL- I) 96. The applicant shall coordinate with the City of Orange Public Works Department -Water Division regarding the depths and locations existing and proposed water main facilities. This coordination shall occur prior to the issuance of grading permits. The applicant shall infonn the Director of Public Works, or designee, of any planned service interruptions at least one week prior to that interruption, and notify owners and tenants of affected properties one week in advance. Proof of notification shall be provided to the Public Works Director. (Mitigation Measure UTIL- 2)97. Water conservation measures recommended by the State Department of Water Resources and applicable state laws requiring the use of water-efficient plumbing fixtures and recommendations for low- water-using landscaping shall be incorporated into project design plans, as appropriate. Use of such fixtures shall be verified by the City's Building Official or designee, and Landscape Coordinator prior to the issuance of building permits. (Mitigation Measure UTIL-3)98. The Construction Contractor shall reduce construction-generated waste according to state law by 50 percent. The applicant or contractor shall submit a construction waste management plan explaining the practices that would be used to achieve this level of reduction. This plan shall be reviewed and accepted by the City's Solid Waste Management Coordinator prior to the issuance of grading permits. (Mitigation Measure UTIL-4)99. Future residential, retail and office uses, included as part of the proposed project, shall adhere to all applicable source reduction and recycling programs for the disposal of solid waste, as required by the City of Orange. (Mitigation Measure UTIL-5)100. The applicant shall enter into a maintenance agreement with the City to ensure that the maintenance of the project meets standards associated with mixed use commercial and luxury apartment/residential) and provides opportunities 101. This conditional use permit is granted upon the acknowledgment by the applicant that any conditional use permits then existing on the project site shall be extinguished and superceded by the conditional use permit granted by CUP 2478-03 upon the issuance by the City of any permit for the demolition, grading or building relating to the uses lmd facilities covered by CUP 2478-03 and Major Site Plan Review 286- 03.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:Prior to issuance of building permits, the applicant shall pay all applicable development fees, including but not limited to: Orange County Sanitation District Fee, City Sewer Connection Fee, Transportation System Improvement Program Fee,Police Facility Fee, Fire Facility Fee, Park Dedication and In Lieu (Quimby) Fee,Park and Recreational Facilities Development Impact Fee, Library Facilities Development Impact Fee, and School Development Fee (Collected by the Orange Unified School District), as required.If not utilized, Conditional Use Permit No. 2478-03 and Major Site Plan Review No. 286-03 expire two (2) years from the approval date. An extension of time may be permitted upon a written request, if received before the expiration deadline.ADOPTED this 27th day of January, 2004. y}{ ity of Orange ATTEST:ido MaryE.M I, MARY E. MURPHY, City e of the City of Orange, California, do hereby certit)r that the foregoing Resolution was duly and regularly adopted by the City Council ofthe City of Orange at a regular meeting thereof held on the 27th day of January, 2004, by the following vote:AYES:NOES:ABSENT:ABSTAIN:COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: