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RES-9731 Conditional Use Permit Approval For Two Medical Office Building ConstructionRESOLUTION NO. 9731 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT 2442-03, MAJOR SITE PLAN REVIEW 269-03, AND MITIGATED NEGATIVE DECLARATION NO. 1714-03 TO ALLOW THE PHASED CONSTRUCTION OF TWO MEDICAL OFFICE BUILDINGS APPROXIMATELY 217,000 SQUARE FEET ON PROPERTY LOCATED AT 1000 W.LAVETAAVENUE.APPLICANT: CITADEL PROPERTIES ORANGE,LLC WHEREAS, Conditional Use Permit 2442-03 and Major Site Plan Review 269-03 wer,e filed by Citadel Properties Orange, LLC in accordance with the provisions of the City of Orallge Municipal Code; and WHEREAS, Conditional Use Permit 2442-03 and Major Site Plan Review 269-03 wer,e 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. 1714-03, and finds that, with adoption of mitigation measures to address potential impacts related to air quality (dust during construction) the project will not significantly impact the enviromnent or wildlife; and WHEREAS, on February 12, 2003 the Staff Review Committee reviewed the proposed site plan and recommended that the project proceed subject to conditions; and WHEREAS, on March 5, 2003 the Design Review Committee reviewed the conceptual site, building and landscaping plans and recommended that the project proceed subject to conditions; and WHEREAS, The Planning Commission conducted one duly advertised public hearing on April 7, 2003 and recommended the City Council approve the project subject to conditions;and WHEREAS, the City Council conducted one duly advertised public hearing on May 27, 2003 at which time interested persons had an opportunity to testify either in support of or opposition to the proposal and for the purpose of considering Conditional Use Permit 2442-03 and Major Site Plan Review 269-03 upon NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that Conditional Use Permit 2442-03 and Major Site Plan Review 269-03, and Mitigated Negative Declaration 1714-03 to construct two medical office buildings totaling 217,000 square feet is hereby approved based on the following findings:SECTION 1 - FINDINGS Conditional Use Permit 2442-03 1. The proposed medical office uses provides a public service by expanding the accessibility to medical services.2. The proposed shared parking plan will provide adequate parking for the Phase 1 project and during the construction of Phase 2.3. The proposed site, building, and landscaping plans were reviewed by the City's Design Review Committee and were found in conformance with design standards and policies contained in the Southwest Design Guidelines, and the proposed building mass and scale were found to be compatible with existing office development located in the vicinity of the subject site.4. The project is subject to conditions that will preserve the public welfare and insure that the project will not have an adverse impact on adjacent land uses.Maior Site Plan Review 269-03 1. The project conforms to City development standards ( with the exception of parking) and applicable special desigrI guidelines and specific plan requirements contained in the City's General Plan, City's Zoning Ordinance and the Southwest DesigrI Guidelines.2. The Staff Review Committee has reviewed the proposed project and found that City services are available and adequate to serve the needs of the proposed use.3.The proposed on-site vehicular and pedestrian circulation provides for safe access and emergency services.Mitil! ated Nel!ative Declaration 1714-03 1. The project has been designed and conditioned to fully mitigate or substantially minimize adverse environmental effects identified in Mitigated Negative Declaration No. 1714-03, which includes mitigation measures that reduce potential impacts to air quality (dust during Negative Declaration 1714.03 and associated Mitigation Monitoring Program will ensure that potential impacts are addressed. 2. The project is subject to mitigation measures that will preserve the public welfare and insure that the project will not have an adverse impact on adjacent land uses. 3. The City of Orange has made required findings pursuant to CEQA as set forth in Section 2 below. SECTION 2 - ENVIRONMENTAL REVIEW Initial StudylMitigated Negative Declaration No. 1714-03 was prepared in conjunction with Conditional Use Permit 2442-03 and Major Site Plan Review 269-03. After examining the Initial StudylMitigated Negative Declaration, the City Council finds that any potential sigaificant adverse impacts can be mitigated to a level of less than significant. Additionally,Mitigated Negative Declaration 1714-03 found that there is no evidence before the City of Onmge that the proposed 217,000 square feet medical office buildings and shared parking plan will have any potential for adverse affects, either individually or cunlUlatively, 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. Based on the findings above, the City Council adopts and approves Mitigated Negative Declaration No. 1714-03 as complete and adequate environmental documentation for the proposed project.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, B, C, D, E, F, G, and H (dated April 7, 2003 for identification purposes) and as recommended for approval by the Planning Commission and ultimately approved by the City Council.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 permits the Citadel shall submit final architectural plans for review and approval by the DRC. The DRC's final review is to ensure that the exterior building colors match those as presented to the DRC on March 5, 2003, lighting fixtures for the proposed parking structure are not directly visible from off- site,to review the final construction details for the buildings parapet wall/cornices, and to review the final architectural details for the sheer walls on the parking structure.5. Prior to issuance of building permits the Citadel shall submit final landscaping plans for review and approval by the City's Landscape Coordinator. The landscaping plans shall include a note that any landscaping materials that die or are damaged shall be replaced at size and species so noted on the approved landscaping plans.6. Final sign plans shall be reviewed and approved by the Design Review Committee.7. Prior to issuance of grading and/or building permits Citadel shall submit a Parking Plan to the Community Development Director and Traffic Engineer for review and approval.The Parking Plan is to designate the following:A. The on-site circulation between the subject and the Pavilion parking structure;B. The pedestrian pathway between the Pavilion parking structure and the main entrance to the proposed office building;C. The location and number of parking spaces within the parking structure on the Pavilion site that will be used during the construction of Phase 2 improvements.The number of parking spaces used by the applicant in the Pavilion parking structure shall not exceed 202 parking spaces.8. 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 ofFish 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.Environmental 9.Prior to issuance of grading permits for each phase of construction, Citadel shall provide evidence to the City of Orange, Department of Public Works, that during grading and construction Citadel shall be responsible for compliance with the following Mitigation Measure 1):A. During clearing, grading, earth moving, or excavation, all construction equipment engines shall be properly tuned.B. After clearing, grading, earth moving, or excavation, wet the area down sufficiently enough to form a crust on the surface with repeated soakings, necessary, to maintain the crest and reduce the likelihood of dust pick -up by the wind. c.During construction, water trucks or sprinkler systems shall be used to keep all areas where vehicles move, damp enough to prevent dust being raised when leaving the site. The site shall be watered in the late morning and after work is completed for the day. D. Low sulfur fuel (0.05 percent by weight) shall be used by the construction equipment. E. The grading and construction activities shall be scheduled to avoid high ozone days and shall be suspended on days that a first or second stage smog alert is declared (as determined by the SCAQMA). F. Suspend all grading operations when wind speeds (as instantaneous gusts) exceed 25 miles per hour. G. Reduce traffic speed on all unpaved surfaces to 15 miles an hour or less. H. Require all trucks hauling dirt, sand, soil, or other loose substances and building materials to be covered, or to maintain a minimum freeboard of two- feet between the top ofthe load and the top of the truck sidewalls.I. Require enclosures or chemical stabilization of open storage piles of sand, dirt,or other aggregate materials.J. Use vegetative stabilization, whenever possible, to control soils erosion from stormy water. Reestablish ground cover on construction site through seeding and watering on portions of the site that will not be disturbed for lengthy periods two or more months).K. Spread soil binders on the site, unpaved roadways, and parking areas.L. Utilize existing power sources (e.g. power poles) or clean fuel generators rather than temporary power generators.M. Minimize obstruction of through- traffic lanes.N. Schedule operations affecting traffic for off-peak hours, where feasible.10. During grading and construction, Citadel shall install wheel washers where trucks carrying fill materials enter or exit the project site and shall enforce the use of the wheel washers before trucks and grading equipment leave the project site. This includes cleaning equipment both in the morning and evening. ( 11. During grading and construction, Citadel shall implement a program to sweep streets at the ,end of the day if visible soil material is carried on to adjacent public paved roads. Mitigation Measure 3) Public Works 12. Prior to issuance of building permits the project proponent shall submit a grading plan to the Public Works Dept. Engineering Division for review and approval. 13. Prior to issuance of building or grading permits the project proponent shall install nectJSsary water services, fire services, and fire hydrants as determined by the Public Works and Fire Departments. 14. Prior to issuance of building and grading permits the project proponent shall submit a watl~r quality management plan (WQMP) specifically identifying non-structural and structural Best Management Practices (BMPs) that will be used on site to control predictable pollutant run-off. The contractor shall employ Best Management Practices BMPs) in conformance with Regional Water Quality Control Board standards for the containment of debris, chemicals, and solvents for the duration of any demolition or construction activities. The contractor shall provide the City with written documentation of proposed BMPs to control storm water pollution for review and approval by the Public Works Department.15. The applicant/developer shall furnish and install individual pressure regulators on services where the incoming pressure exceeds 80 psi.16. Each building shall be metered separately unless otherwise approved by the Water Division.17. That the applicant/developer shall satisfy all water main connection, plan check, and inspection charges as determined by the Water Division. Fire Department 18.An approved fire sprinkler system must be installed throughout the building per O. M.C.15.32.070Section 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.19. ThtJ Fire Department connection shall not be affixed to the buildings. The Fire Department connection must be located at least 40 feet away from the building, within 40 feet of a fire hydrant and on the address side of the building, unless otherwise determined by the Fire Department. The hydrant shall be located on the same side of the street as the 20.The project proponent shaH 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 controHed 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 shaH not pressurize a hydrant. Plans must be submitted to the Building Division.21. The number and location of hydrants shall be determined by Fire and Water Departments 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 shaH be approved by the Fire Department.23. Every building shaH 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 shaH 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 shaH be marked and signed as a fire lane. The marking and signs shaH be provided and installed per the Fire Lane Standards of the City of Orange Fire Department.25. AH exit ways shaH be provided with all weather surface that continues to a public right-of-way.26. The instaHation of gates, traffic calming methods and speed humps or bumps shaH be reviewed by the Fire Department prior to installation.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 shaH not exceed 600 feet.28. The Fire Department access roadway shaH be an all-weather driving surface capable of supporting the imposed loads of fire apparatus, 20, 000 pounds per axle. The access shaH be designed for a three-axle vehicle. ( Engine Weight. 36,050 and Truck Weight.54,000 pounds) U. F.C. Section 902.2.2.2.29. The Fire Department access roadway shaH be provided with adequate turning radius for Fire Department apparatus. (A 45-foot outside and 25-footinside 30.A Fire Department approved key box for Fire Department access shall be installed on the address side of the building near the main entrance or fire control room at a height of 5 feet above finished grade. The Knox box shall contain keys to gain access to the building. U.F.C. Section 902.4. 31. 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 81"J{ 24" stretcher. 32. High-rise buildings shall be built in accordance to the City's High- rise standards.33. Provide a fire alarm system as required per U.F.C. Article 10.34. Provide standpipes as required per U.B.C. Table 9A.35. Fire Facility fees will be required. Police Department 36. All buildings must comply with the City of Orange Municipal CodeChapter 15.52 Building Security Standards, reference No. 7-79, which includes the following:A. Parking lot lighting (minimUlll 1 foot-candle shall be maintained at ground level).B. All doors and related hardware must be in compliance with security ordinance lock, hinges, etc.)C. Any operable windows must be approved by the Police Department and have passed forced entry testing.D. All roof openings must be secured as outlined in OMC Chapter 15.52 (approved burglar bars on all openings over 96 square inches).E. Addressing must be illuminated and shall be easily visible from the street. If a secondary rear access/entry exists, addressing must be included adjacent to the secondary access/entry point.City Council Conditions 37. Prior to the issuance of grading and/or building permits, the applicant shall submit a Transportation Demand Management program pursuant to Chapter 10. 83 of the Orange Municipal Code for 38. The City has agreed to permit the applicant to meet its Phase I parking requirements through a combination of a surface parking structure on site and shared parking at the Pavilion parking structure. Should the parking structure proposed for Phase 2 of the project not be fully constructed within five years of issuance of the first Certificate of Occupancy for Phase I of the development, and after the City and Applicant have met and conferred in good faith to discuss the then current parking situation to determine if the Phase I parking arrangement requires modification, the City Council may require the applicant to provide sufficient parking on-site or to implement other parking measures on-site or off-site (collectively, the Mitigation Measures) to meet City parking requirements that were in existence at the time the project was approved. The applicant shall submit such information as requested by the City to reach a determination as to whether one or more Mitigation Measures shall be required. If the City determines to require one or more Mitigation Measures, the Mitigation Measures shall be implemented within a reasonable period of time and if the Mitigation Measures involve on-site construction of additional parking, such additional parking shall be constructed within 18 months of the City Council' s decision.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:If not utilized, this project approval expires two years from the approval date. An extension of time may be pennitted upon a written request, if received before the expiration deadline.The project approval includes certain fees, dedications, reservations, and/or other exactions. Pursuant to G.c. 66020, these conditions or requirements constitute written notice of the fees and/or a description of the dedication, reservation, or other exaction.You are hereby notified that the 90-day protest period commencing from the date of approval of the project has begun. If you fail to file a protest of regarding these conditions or requirements, you are legally barred from later challenging such exactions per G.c. 66020.ADOPTED this 10th day of June, 2003.Ab--1h1 Mark A. ATTEST: r!u~tI~h~1i1c-< ~a./~r Cassandra J. C cart, City Clerk, City of Orange I, CASSANDRA J. CATHCART, 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 June, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None 0.JM~~f1-"%~/~~7 Cassandra J. Cat art, CIty Clerk, City of Orange EXHIBIT A Parkin2 A2Teement (1000 West La Veta Avenue/l142 West La Veta Avenue) Le2al Description of SJO Parcel ALL THAT CERT AlN LAND SImA TED IN THE STA TE OF CALifORNIA. COUNTY OF ORANGE, CITY OF ORANGE. DESCRIBED AS FOLLOWS; PARCEL \:: LOT I OF TRACT NO. 14385, AS SHOWN ON A MAP RECORDED IN BOOK 703, PAGES 44 TO 46 AS INCLUSIVE, Of MISCELLANEOUS MAPS, RECORDS Of ORANGE COUNTY, CALIFORNIA. PARCELB: EASEMENTS fOR ROADWAYS, INGRESS, EGRESS AND PARKING IN, TO AND OVER THE fOLLOWING DESCRIBED LAND AS DESCRIBED IN THE RECIPROCAL DRIVEWAY EASEMENT AGREEMENT RECORDED NOVEMBER 28, 1988 AS INSTRUMENT NO. 88-61785 I, AS AMENDED BY THE FIRST AMENDMENT Of RECIPROCAL DRIVEWAY EASEMENT AGREEMENT RECORDED FEBRUARY I, 1989 AS INSTRUMENT NO. 89'{)56916, AND AMENDED BY THE AMENDMENT Of RECIPROCAL DRIVEWAY EASEMENT DATED JULY 7, 1993 AND RECORDED AUGUST 16, 1993 AS INSTRUMENT NO. 93'{)55 1396 ALL Of OfFICIAL RECORDS Of ORANGE COUNTY, CALIFORNIA. PARCELC;A NON-EXCLUSIVE EASEMENT fOR THE PURPOSE Of VEHICULAR INGRESS AND EGRESS OVER AND ACROSS THAT PORTION Of SAID LAND MORE PARTICULARLY DESCRIBED IN THE DRlVEWA Y EASEMENT AGREEMENT RECORDED IANUAR Y 13, 1994 AS INSTRUMENT NO. 94.0030703 Of OffICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS fOLLOWS:THAT POR'nON OF PARCEL I. AS SHOWN ON THE MAP fU.ED IN BOOK 63, PAGE 29 OF PARCEL MAPS.IN THE OfFICE Of THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP Of LAND.TWENTY -FOURFEET (24') IN WIDTH, THE EASTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:BEGINNING AT THE NORTIIEASTCORNER Of SAID PARCEL I; THENCE SOUTH 1005' 18" WEST A DISTANCE OF 206.00 FEET, ALONG THE EASTERLY LINE Of SAID PARCEL EXHIBIT A Parkin Aoreement 1000 West La Vela Avenue/1l42 West La Veta Avenue Lel!al Description of Citadel Parcel ALL THAT CERTAIN LAND SrTUA TED IN TIfE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OFORANGE. DESCRlBED AS FOLLOWS: PARCEL 2 AS SHOWN ON A MAP FILED IN BOOK 109, PAGES 39 AND 40 OF PARCEL MAPS,IN THEOFFICEOFTHECOUNTYRECORDEROFSAIDCOUNTY.