RES-9918 Negative Declaration Approval 313 W Grove Ave.RESOLUTION NO. 9918
A RESOLUTION OF THE CITY COUNCIL OF' THE
CITY OF ORANGE APPROVING NEGATIVE
DECLARATION NO. 1732-04, MAJOR SITE P'
LAN REVIEW NO. 332-04 AND TENTATIVE
PARCEL MAP NO. 2004-163 TO ALLOW THE
CONSTRUCTION OF A 79,655SQUARE
FOOT MULTIPLE-TEl'iANT
INDUSTRIAL CONDOMINIUM COMPLEX UPON PROPERTY LOCATED
AT
313 WEST GROVE AVENUE APPLICANT: HEDLEY ORANGE
I, L.L.C.WHEREAS, Major Site Plan Review No, 332-04 and
Tentative Parcel Map No. 2004-163 was filed by Hedley Orange I, L.L.c. in accordance with the
provisions of the City
of Orange Municipal Code; and WHEREAS, Major Site Plarl Review No. 332-04
and Tentative Parcel Map No, 2004-163 was processed in the time and manner prescribed
by state and local law; and WHEREAS, the City Council has
considered the information contained in Negative Declaration No, 1732-04 in
compliance with the California Environmental Quality Act CEQA) guidelines, including the initial study
and comments received during the public review process, and has found that the project will not
have a significant adverse
impact on the environment or wildlife; and WHEREAS, on May 26, 2004, the Staff
Review Committee n:viewed Major Site Plan Review No, 332-04 and Tentative Parcel
Map No, 2004-163, and
recommended that the project proceed subject to conditions; and WHEREAS, on July
7, 2004, the Design Review Committee: reviewed the proposed project for architectural
design and landscaping and
recommended that the project proceed subject to conditions; and WHEREAS,
the Planning Commission conducted one duly advertised public hearing on September 8, 2004, for
the purpose of considering Negative Declaration No, 1732-04, Major Site Plan
Review No, 332-04 and Tentative Parcel Map No. 2004-163; and
WHEREAS, the City Council conducted one duly advertised public hearing on October 26, 2004, fc)
r the purpose of considering Negative Declaration No, 1732-04, Major Site Plan
Review
BEING A SUBDIVISION OF PARCEL I OF LOT LINE ADJUSTMENT NO,
LL 2003-03 AS SHOWN IN A DOCUMENT RECORDED
AS INSTRUMENT NO, 2004000120823 OF OFFICIAL RECORDS
OF ORANGE
COUNTY.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange that Negative Declaration No, 1732-04, Major Site Plan Review No, 332-
04 and Tentative Parcel Map No. 2004-163 to allow the construction ofa 79,655
sq. ft, multiple-tenant industrial condominium complex are hereby adopted and approved
based upon the following
findings:
SECTION 1 - FINDINGS Environmental:I, That there is no evidence before the City Council of the City
of Orange that the proposed construction of a 79,655 sq
ft. multiple-tenant industrial condominium complex will have any potentially adverse
environmental impacts, 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
minimus impact in its
effect on fish and wildlife.2, That the City Council of the City of Orange has
made required findings pursuant to CEQA as set
forth in Section 2 below.3, 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
Negative Declaration No, 1732-04, the staffreport for Major Site Plan Review No. 332-
04 and Tentative Parcel Map No. 2004-163, staffs oral presentation,
public testimony, and Commissioner's comments which constitute the
City
Council's review of this application,Project:1. The project design is
compatible with surrounding development and neighborhoods in that the proposed construction of
a multiple-tenant industrial complex that is comprised of pre-cast
tilt-up concrete buildings is compatible with the existing industrial developments in the surrounding
area, most of which are
also comprised of either pre-cast or pour-in-place concrete buildings,
2, The project conforms to City development standards, The Design Review Committee ahs
reviewed the project, and has found that the project design upholds community aesthetics
through the use of an intemally consistent, integrated design theme that is
consistent
with all adopted specific plans, applicable design standards 2md their required findings,3, The project
was reviewed by the SRC (Staff Review Committee),
which
Department, Economic Development Department, Fire Department, Police Department
and Public Works Department The SRC has determined that existing City services are
available and adequate to serve the project, and that the project provides for safe and
adequate vehicular and pedestrian circulation, both on and off-
site,4. The project has been designed to fully mitigate or substantially minimize
adverse environmental effects, in that Negative Declaration No, 1732-04 was prepared
to ensure that potential impacts are
adequately addressed,SECTION 2 - ENVIRONMENTAL
REVIEW Negative Declaration 1732-04 was prepared to evaluate the
potential environmental effects of Major Site Plan Review No, 332-04 and Tentative Parcel Map
No, 2004-163, After examining the Initial Study and Negative Declaration, the City Council of
the City of Orange finds that the project will not have a significant adverse impact on
the
environment or wildlife resources.SECTION 3 -
CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the City Council of the
City of Orange recommends that the following conditions be imposed with approval of
Major Site Plan Review No, 332-04 and Tentative
Parcel Map
No. 2004-163:Planninl! Division:I, Within two (2) days of final approval of this project, the
applicant shall deliver to the Planning Division a cashiers check payable to the Onmge
County Clerk in an amount requircd to fulfill the fee requirements ofFish and Game Code Section
71 L4(d)(2) and the County administrative fee, to enable the City to
tIle the Notice of Determination required under Public Resources Code 2115214 Cal.
Code Regulations 15075. Ifit is determined that there will be: no impact upon wildlife resources, the
fee shall be $43,00.2, All construction shall conform in substance and
be maintained in general conformance with plans labeled Exhibit A, dated September 8, 2004,
and as approved by the Planning Commission and ultimately approved by the City Council,
a copy of which is on file in
the City Clerk's office.3, 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 permit, save and except
that caused
by City's active negligence.4, The applicant shall comply with all fcderal, 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 Major Site Plan Review
No, 332-04 and Tentative Parcel Map No, 2004-163 shall become null and void
if the proposed use does not commence within two years from the date of approval. Time
extensions may be granted for up to one year pursuant to
O,
5, These conditions shall be reprinted on the cover sheet or first page of construction
documents submitted to the Building Division for plan check,
6. Prior to issuance of building pemlits, applicant shall subrnitfinal landscape and
irrigation plans to the City's Community Services Department for approval (final plans
to include City required inspection notes) and applicant shall be required to keep all
such landscaping mowed, trimmed, pruned, free of debris and weeds and otherwise
maintained in a healthy and safe condition, Dead vegetation shall be rcmoved and
replaced in a timely manner.
7. The applicant shall submit signage plans (sign program) to the Design Review
Committee for approval. The signage program shall be made a part of the CC & R's,
8, Perimeter fencing shall be 6 ft. high, coated, chain-link fence in green
color.Fire
Department:9, An approved fire sprinkler system ITlJst be installed throughout the building per O,M,
C,15.32.070 Section1001.10, 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,10, 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.11, The Fire Department Connection (FDC) 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 addrcss 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,12, 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 rcason. (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.13. The number and location of hydrants shall
be determined
by
14, 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.
15, 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),
16, The installation of gates, traffic calming methods and speed humps or bumps shall be
reviewed by the Fire Department prior to installation,
17, 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,
18, The Fire Department access roadway shall be provided with an adequate turning radius
for Fire Department apparatus, (A 45 foot outside and 25 foot iinside radius is required,)
U,F,C. Section 902.2.2.3,
19, Fire department emergency access must not exceed 12 percent grade, UF.C. Section
902,2.2.6.
20, All mechanical gates shall be provided with a key-operated override switch per City
of Orange Ordinance 9-84. In the case of power failure the gate shall fail in
the open position and shall be operable with out any
special tools.21, 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 jire 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
902.4.22, Construction plans shall include a site plan and landscape plan detailing
exiting from outside the building to a public way, Details on the type of ground
covering, hardscape,gates and latching and locking hardware shall be provided on
the plans,
Police Department:23, All new construction shall comply with the City of Orange Bu:ilding
Security Standards,Ordinance 15.52
reference #7-79).24. Prior to the issuance of building permits, the applicant shall
submit lighting photometric plans to the Police Department Crime Prevention Bureau for
review
Public Works Department:
25. A final parcel map shall be recorded within 24 months after tentative approval and prior
to the sale or lease of any parcel.
26, Monuments shall be set based on a field survey,
27. All on-site and off-site improvements such as sidewalks, curb & gutter,
drive aprons and pavement shall be repaired or replaced if damaged
or deteriorated,28, On-site drainage facilities shall be improved as required by
the
Public Works Department.29, The applicant shall construct off-site drainage facilities beyond
the property boundary as required by
the Public Works Department.30. The applicant shall install street lights and street trees on
Grove Avenue per City standards as required by
the Public Works Department.31, The applicant shall dedicate to the City of Orange, the right to
enter the private streets for maintenance of public utilities, emergency access,
trash collection, l~tC.32, An owner's association shall be fonned and be responsible for
the maintenance of all common areas, private utilities
and sanitary sewer system,33. Prior to approval of the final Map, Covenants, Conditions and
Restrictions (CC & R's)shall be recorded with the Orange County Recorder's Office, The CC &
R's shall be designed for the entire site outlining specific responsibilities
such as drainage, utilities,access, parking, maintenance, landscaping, exterior
building colors, signage, and enforcement provisions. Those aspects that are zoning in nature
shall be structured so that it cannot be rescinded or moddied without City approval.
The City shall have discretion to enforce provisions that are zoning in nature. Prior
to recordation, the CC R's shall be reviewed and approved jointly by
the City Attorney, Community Development Director, and Public Works Director. The
applicant shaH be responsible for all cost incurred for the review of the CC & R's by the
City Attomey, Public Works Director and the Community Development Director at the City'
s hourly billing rate.34. Prior to issuance of building permits, the applicant shall submit
grading plans to the Public Works Department for review and approval (grading
plans to indicate the locations of all buildings, parking lot areas, drainage
systems,
and trash enclosure areas).35. Prior to issuance of building permits, the applicant shall
submit improvement plans to the Public Works Department for review and approval (
improvement plans to indicate the locations of all curbs & gutters, sewer lines, storm
drains, water utility systems,street
lights,
36, Building foundation design adjacent to the City stornl drain easement and driveway
pavement design over the City storm drain easement shall be submitted to the Public
Works Department for review and approval.
37, Prior to issuance of grading permit, the locations of all trash enclosures shall be
submitted to the Public Works Department for review and approval. All trash
enclosures shall be constructed per City of Orange Standard Plan No, 409.
38. Prior to issuance of building permits, the applicant shall submit and obtain approval
from the Public Works Department, a Water Quality Management Plan (WQMP)
specifically identifying non-structural and structural Best Management
Practices BMP's) that will be used on-site to control predictable pollutant
run-offs, Structural BMP's shall be included on the grading plans, A copy of the Notice
ofIntent from the State Water Resources Control Board will be required prior to
grading permit
issuance.Water Division:39. Each building shall be metered separately unless otherwise approved
by
the W2ter Division,40, The applicant shall submit improvement plans to the Water Division
for relocations and new installations for review and approval prior to the issuance
of building permits.41. The applicant shall satisfY all water bond requirements for thl~ installation
of the water improvements as determined by the Water Division prior to approval of
the water plan,42, The developer's contractor shall provide material submittals to
the Water Division Inspector for approval a minimum of fourteen calendar days
prior to construction.43, The applicant shall furnish and install individual pressure regulators
on services where the incoming pressure
exceeds 80 psi,44, The applicant shall satisfy all water main connection, plan
check, and inspection charges as determined by
the Water
Division.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: City Sewer Connection
Fee, Orange County Sanitation District Connection Fee, Transportation System
Improvement Program Fee,Fire Facility Fee, Police Facility Fee, Park Acquisition Fee,
Sanitation District Fee,School District Fee, and Eastem Foothill Transportation Corridor
Fee,
Expiration: If not utilized, project approval expires two years from the approval date,
Extension of time may be granted in accordance with Orange Municipal Code Section
17,08.060,
Violations of conditions of approval constitute a violation of the Orange Municipal
Code, per Orange Municipal Code Section 17.10.030,G,
ADOPTED this 26th day of October, 2004,
I/i;J!i~Cm"g,
ATTEST:
v /" i'~:~':'.-L C. L.<- _ ..... __.._....-Mary E,
MurPhY: city Clerk, City 0 - range 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 I of the City of Orange at a
regular meeting thereof held 011 the 26th day of October, 2004, by the following vote:AYES:NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
Ambriz,
Alvarez,
Murphy, Coontz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS:
None COUNCILMEMBERS:
None 1~-
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