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RES-9811 Major Site Plan Review for Parking Structure ConstructionRESOLUTION NO. 9811 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE AI)PROVING MAJOR SITE PLAN REVIEW NO. 300-03 TO ALLOW THE CONSTRUCTION OF A 1,211 SPACE PARKING STRUCTURE LOCATED ON PROPERTY WEST OF THE CITY DRIVE BETWEEN CHAPMAN AVENUE AND METROPOLITAN DRIVE.APPLICANT: TH}: MILLS CORPORATION WHEREAS, Major Site Plan Review 300-03 was filed by the Mills Corporation in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Major Site Plan Review 300-.03 was processed in the time and manner prescribed by state and local law; and WHEREAS, the environmental impacts of the Project have been analyzed through Final Environmental Impact Report (FEIR..) 1721-03, which is comprised of Draft Environmental Impact Report (DEIR) 1721-03, changes and revisions to DEIR 1721-03, the Response to Comments, and the Mitigation Monitoring Program, pursuant to the provisions of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines; and WHEREAS, the City Council conductE:d duly advertised public hearings on January 13 and 27, 2004, for the purpose of considering Major Site Plan Review 300-03.NOW, THEREFORE, BE IT RESOLVI:O BY THE CITY COUNCIL OF THE CITY OF ORANGE that Major Site Plan Review 300-03 to allow construction of a 1,211 space parking structure is hereby approved based on the following findings, which are individually and collectively supported by substantial evidence contained in the record before the City Council:SECTION 1 - FINDINGS 1. The project design, proposed land use and intensity of development is compatible with surrounding development and neighborhoods, in that the project site surrounded mainly by commercial and institutional uses. The west side of the project site abuts on commercial properties that consist of high-rise office buildings that are surrounded by surface parking areas. The northwest corner of the site is adj acent to the Terrace Apartments, which are two stories in height and surrounded by a 7 to 8 foot high brick wall. Proj ect development and operation are subject to 2. The proposed site and building plans were reviewed by the City's Staff Review Committee and were found to be in compliance with the City's development standards (no special design guidelines or specific plan requirements are applicable). 3. The parking structure provides for safe and adequate vehicular and pedestrian circulation, both on- and off-site, in that it win be designed to facilitate access to both on-site uses as well as access by tenants and employees of the adjacent office buildings. An analysis of parking demand has been prepared as part of the FEIR, demonstrating that the parking structure is needed to provide adequate levels of parking to satisfy demand.4. The Staff Review Committee has reviewed the project and the FEIR and found that City services are available and adequate to serve the needs of the parking structure. The Staff Review Committee has indicated that with the adoption of the mitigation measures identified in the FEIR and the conditions of approval,potential impacts to City services are adequately addressed.5. The parking structure has been designed to fully mitigate or substantially minimize adverse environmental effects, in that the development is subject to mitigation measures identified in the FEIR as well as the attached conditions of approval.SECTION 2 - ENVIRONMENTAL REVIEW Initial Study/Environmental Impact Report 1721-03 was prepared in conjunction with the application for the Development Agreement between the City of Orange and Orange City Mills Limited Partnership, and additional applications for Conditional Use Pemlit 2461-03,2462-03, 2463-03, and Major Site Plan Review 297-03 and 300-03. Additionally,Environmental Impact Report 1721-03 found that there is no evidence before the City of Orange that the proposal 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.SECTION 3 - CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed with approval:General 1. All site development and construction shall conform in substance and be maintained in general conformance with plans labeled Exhibits A through G dated December 15, 2003, for identification purposes) and as recommended for approval by the Planning Commission and 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 of this permit. 3. These conditions will be reprinted on the cover sheet or first page of construction plans, including grading plans. 4. Prior to issuance of building pelmits for the 1 ,21 I-space parking structure the applicant shall submit site, building, and landscaping plans for Design Review Committee review and approval.5. Within two (2) days of final approval of this project, the applicant shall deliver to the Planning Division a cashiers check payable to the Orange County Clerk in an amount required to fulfill the fee requirements of Fish and Game Code Section711.4( d)(2) and the County administrative fee, to enable the City to file the Notice of Deternlination required under Public Resources Code 21152, 14 Cal. Code Regulations 15075. Since it has been determined that there will be no impact upon wildlife resources, the fee shall be $43. 00. Environmental Mitigation Measures as listed in Exhibit H.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 California Government Code Section 66020, these conditions or requirements constitute written notice of the fees and/or a description of the dedication, reservation, or other i~xaction. You are hereby notified that the 90-day protest period commencing from the date of approval of the project has begun. If you fail to file a protest of regarding these conditions or requirements, you are legally barred from later challenging such exactions per Section 66020.ADOPTED this 10th day of February, 2004.t of ATTEST: MaryE. M\iI ange I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 10th day of February, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None Mary E. MurPb~', City Clerk, Ci~ Orange 4