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RES-9520 Major Site Plan Review Approval Office Tower and Parking Structure at The City DriveRESOLUTION NO. 9520 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING FEIR 1612- 01,CONDITIONAL USE PERMIT 2378-01 AND MAJOR SITE PLAN REVIEW 106- 99 FOR THE CONSTRUCTION OF A 24-STORY, 465,000 SQ. FT.OFFICE BUILDING AND 8-LEVEL, 2,360 SPACE P~NG STRUCTURE UPON PROPERTY LOCATED AT THE WEST SIDE OF THE CITY DRIVE APPROXIMATELY 500 FEET SOUTH OF CHAPMAN AVENUE.APPLICANT: EOP-THE CITY ( CITY TOWER TWO), L.L.C.WHEREAS, Conditional Use Permit 2378-01 and Major Site Plan Review 106-99 were filed by EOP -The City (City Tower Two), L.L. C., successor in interest to Spieker Properties, in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Conditional Use Permit 2378-01 and Major Site Plan Review 106-99 were processed in the time and manner prescribed by state and local law; and WHEREAS, the environmental impacts of this project have been analyzed through Final Environmental Impact Report (FEIR) 1612-01; and WHEREAS, the City Council has considered the information contained in Final Environmental Impact Report (FEIR) 1612-01, including the initial study comments received during the public review process, and the response to comments, and has found that there is substantial evidence that the project will have a significant impact on the environment or wildlife and a Statement of Facts and Findings and overriding considerations have been prepared subject to the California Environmental Quality Act; and WHEREAS, the Staff Review Committee on December 20, 2000, reviewed the proposed project and recommended that the project proceed subject to the conditions and adopted findings of the Site Plan Review requirements; and WHEREAS, the Planning Commission held one duly advertised hearing on Monday,July 16, 2001 for the purpose of considering Final Environmental Impact Report (FEIR) 1612- 01, Conditional Use Permit 2378-01 and Major Site Plan Review 106-99; and WHEREAS, the City Council held one duly advertised hearing on August 28, 2001 for the purpose of considering Final Environmental Impact Report (FEIR) 1612-01, SEE ATTACHED LEGAL DESCRIPTION NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that FEIR 1612-01, CUP 2378-01 and MSPR 106-99 for the construction of a 24-story, 465,000 sq. ft. office building and 8-level, 2,360 space parking structure are approved based on the following findings:1. The Final Environmental Impact Report ( FEIR 1612-01) prepared for the proposed office building development and project has been completed in compliance with CEQA and the State CEQA Guidelines,2. The City Council has carefully reviewed and considered all of the information contained in FEIR 1612- 01 prior to acting upon CUP 2378-01 and MSPR 106-99. 3. Final Environmental Impac1 Report (FEIR 1612-01) reflects the independent judgment and analysis of the City of Orange,4. Based on the information contained in FEIR 1612-01, the City Council finds that the environmental impact report provides an adequate assessment of the potentially significant environmental impacts associated with CUP 2378-01 and MSPR 106-99, 5. The City Council approves and adopts the Statement of Facts and Findings and Statement of Overriding Considerations contained in FEIR 1612-01.which document and support that even with the implementation of mitigation measures, it is infeasible to reduce the project's impact on air quality to a level of insignificance. Further, these statements identify how the City has eliminated or substantially lessened all significant effects on the environment. Accordingly, the City Council finds that the project's benefits outweigh the adverse impacts.6. The City Council approves and adopts the Mitigation Monitoring Program contained in the FEIR 1612-01 as the mitigation-monitoring program for the project.7. That the proposed project is consistent with the City's General Plan.8. That the proposed office building and parking structure are permitted within the subject zoning district and comply with the applicable provisions of the City of Orange Municipal Code, including prescribed development standards and applicable special design guidelines 9. That the subject sites are physically suitable for the type and intensity of the land uses being proposed. 10. That there is adequate public access and adequate utilities to service the proposed office building and parking structure development. 11. That the project location, size and design is compatible with existing surrounding development and neighborhoods. 12, That the project provides for safe and adequate vehicular and pedestrian circulation, both on and off- site.13. The project is granted upon sound principles ofland use and in response to services required by the community,14. The project will not cause deterioration of bordering land uses or create special problems for the area in which the site is located.15. The project has been considered in relationship to its effect on the community or neighborhood plans for the area in which the site is located.16. The project is made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant.17. That there is no evidence before the City of Orange that the proposed office building and parking structure 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.18. That the data and analysis upon which these findings of fact are based,including those in the FEIR 1612-01, are set forth in the staff report for Conditional Use Permit 2378-01 and Major Site Plan Review 106-99,staffs oral presentation, public testimony, and the entire record taken as a whole.BE IT FURTHER RESOLVED that the following conditions are imposed with approval:1. Within two days of final approval of this project, the applicant shall deliver to the Planning Division a cashiers check made payable to the Orange County Clerk as a filing fee to submit the Notice of Determination that is required under Public Resources Code (Section 21152) and California Code of Regulations (Section 15075),Reso 2. All construction shall conform in substance with the plans dated July 16, 2001, which were recommended for approval by Planning Commission and approved by City Council. 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 permits. save and except that caused by the City's active negligence. 4. 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 sue will be cause for revoca1ion of this permit. 5. These conditions will be reprinted on the cover sheet or first page of construction plans, including grading plans. 6. Prior to issuance of building permits, the applicant shall dedicate land for the future realignment of Metropolitan Drive. The dedication shall be per plans approved by the City Engineer and on file with the Public Works Department. 7. The authorizing resolution for this project will not be effective unless it is signed by the applicant indicating and acknowledging his/her understanding of the conditions imposed herein, The failure of the applicant to sign this permit shall in no way be deemed to confer any greater rights than are contained in this permit. 8. Construction contractors shall use non-glare, directional lighting to minimize potential light and glare impacts when lights are necessary for safety and security in the construction area.9. Construction areas shall be screened from view by eight to ten foot opaque fencing in order to minimize views from surrounding streets and residential areas.10. All heavy equipment shall be maintained in a proper state of tune as per the manufacturer's specifications,11. Heavy equipment shall not be allowed to remain idling for more than five minutes duration.12. Trucks equipment shall not be allowed to remain idling folC more than two minutes duration,Reso No, 9520 4 13. Electric power shall be used to the exclusion of gasoline or diesel generators whenever feasible. 14. The applicant shall specify that the contractors use only low ROG paints and coatings. 15. All paints and coatings shall be applied either using high volume, low- pressure (HVLP) spray equipment or by hand application. 16. The applicant shall promote the use of mass transit including the placement of bus stop shelters along local thoroughfares at the project sites, if not already so provided, 17. The applicant shall designate preferential parking for vanpools. 18. All site tenants shall be required to post both bus and Metrolink schedules in conspicuous areas and the applicant shall explore the possibility of providing a shuttle or the use of shuttles from the Orange Depot Train Station to the project site to the extent feasible, 19. All site tenants shall be encouraged to configure theilC operating schedules around the Metrolink schedule to the extent reasonably feasible. 20. The applicant/contractor shall specify the installation of energy efficient lighting, air conditioning, and water heaters, 21. The applicant shall be required to complete a geotechnical study identifying any potential concerns related to soils and geology and shall adopt any site remediation recommendations identified in the study. 22, PriOIC to issuance of a building permit, the project applicant shall submit an emergency access plan to the City of Orange Fire Department. This plan will identify alternate routes for emergency access during construction to areas potentially blocked by project-related construc1ion activities.23. Sufficient accessibility for the fire-fighting equipment shall be provided. The Orange Fire Department shall review precise development proposals to ensure adequate access and filCe protection facilities.24. Space within one of the construction trailers shall be provided for the Fire Department Inspector, This would allow for direct contact between the Fire Department and builders/contractors during construction.25. The project applicant shall pay all applicable fire facility fees required by the City of Orange Fire Department.Reso No. 9520 26. 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 al1ernate routes for emergency access during construction, to areas potentially blocked by project-related construction activities, A copy of the emergency access plan that has been approved by the City of Orange Police Department shall be sent to the City of Anaheim Police Department prior to issuance of a building permit for the project site.27. The project applicant shall have flow monitoring conducted on the Lewis Street line to confirm sewage flow capacities.28. The project applicant shall implement waste reduction programs and recycling programs during project construction and operations.29. Adequate on-site storage facilities for collection ofrecyclable materials shall be provided.30, Prior to approval of development permits. the project applicant shall be required to submit all development plans to the City of Orange Water Department for review and approval.31, A water network analysis shall be performed and approved by the City of Orange Water Department, and the recommendations incorporated into any site-specific development plans prior to approval of the first development plan by the City of Orange.32. The City Drive and Garden Grove Boulevard: re-stripe westbound through lane as a shared through/right-turn lane.33. The applicant shall pay its fair share of improvements for the future widening of the Orangewood Avenue bridge over the Santa Ana River to add an additional eastbound through lane at the intersection of southbound SR-57 and Orangewood Avenue.34. Haster Street and Chapman Avenue: add northbound right-turn lane.35. Lewis S1reet and Garden Grove Boulevard: add westbound right-turn lane.36. The applicant shall pay its failC share of needed roadway improvements as defined in the West Orange Circulation Study Traffic Model. Said fair share funds shall be paid for individual buildings prior to issuance of building permits, The applicant shall not be responsible for any 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,Orange County Sanitation District Connection Fee, Transportation System Improvement Program, Fire Facility, Police Facility, Park Acquisition,Sanitation District, and School District.ADOPTED this 9th day of October, 2001.fOrange ATTEST: 3- 1,,~~t:d 0ti /Ad Cassandra J. Cath , City Clerk of the City of Orange I 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 9th day of October, 2001, by the following vote: AYES: COUNCILMEMBERS: SLATER, ALVAREZ, MURPHY, COONTZ, CAVECCHE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Reso No, 9520 7 GAS LEGAL DESCRIPTION CITY TOWER TWO RESOLUTION # 9520 Parcel 2 of Parcel Map No. 81-769 recorded in Book 172, Pages 40-42 of Parcel Maps, in the Office of the County Recorder of Orange County, California.C:\TEMP\ J f" t-= LL e crJa. I __ Jl!."' l~~_ _~~.!_"_____- -- ;?.....- 1 J".,tli/," ~I J;:.G)' t ~ u':\S ~b l: H'j Hi 1 Nt t; ijU m\ Q) "~ 1 ~ @)!. t.~ - 1- "1- - ...,..," I'" · 1lC - -~CI_ l... - c g l: Jij~ ~i ii;I t! '" tl ; t JlA/~( 1 . AJ/: J @~ ~ll ll::. 1.... , 0 f\k"' C i~' I!:: IJ!"~ i,,~JHJ I o 0 @. @~ ~ I-1. 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