RES-9521 Major Site Plan Review Approval for Office Building and Parking Structure Located at Lewis St. and Metropolitan DrRESOLUTION NO. 9521
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING FEIR 1612-
01,CONDITIONAL USE PERMIT 2379-01
AND MAJOR SITE PLAN REVIEW 107-
99 FOR THE CONSTRUCTION OF A 10-STORY,
200,000 SQ. FT.OFFICE BUILDING AND
5-LEVEL, 1,528 SPACE
P~NG STRUCTURE UPON PROPERTY LOCATED
AT THE NORTHEAST CORNER OF
LEWIS STREET AND METROPOLITAN DRIVE.APPLICANT:
EOP-THE CITY, L.L.C.WHEREAS, Conditional Use Permit 2379-01
and Major Site Plan Review 107-99 were filed by EOP- The City, L.L.C., successor in
interest to SpiekelC Properties, in accordance with the
provisions ofthe City of Orange Municipal Code; and WHEREAS, Conditional Use Permit
2379-01 and Major Site Plan Review 107-99 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 ofthe Site Plan Review requirements;
and WHEREAS, the Planning Commission held one duly advertised hearing on Monday,July 16, 2001
and recommended that the project proceed subject to
the conditions and adopted findings of the Site Plan Review requirements; 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, Conditional Use
SEE ATTACHED LEGAL DESCRIPTION
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
that FEIR 1612-01, CUP 2379-01 and MSPR 107-99 for the construction of a lO.
story, 200,000 sq. ft. office building and 5-level, 1,528 space parking structlrre are
approved based
on the following findings:1. The Final Environmental Impact Report (FEIR
1612-01) prepared for the proposed office building development
and parking structure 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 2379-01 and MSPR 107-99.3.
Final Environmental Impact Report (FEIR 1612-01) reflects
the independentjudgrnent 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 2379-01 and MSPR 107-99.5,
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 structlrre 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 or
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 struc1ure development.
II. 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 1612-0 I, are set forth in the staff
report for Conditional Use Permit 2379-01 and Major Site
Plan Review 107-99,staff s 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, 1he 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 No,
2. All construction shall conform in substance with the plans dated July 16.
2001, which were recommended for approval by the Planning Commission
and approved by City Council herein.
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 revocation ofthis 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
lCealigrunent 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/herunderstanding 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 folC safety and
security in the construction area.
9. Construction areas shall be screened from view by eight to ten foot opaque
fencing in olCder 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 for more than two
minutes duration.
Reso No. 9521 4 GAS
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-
presslITe (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 encolITaged to configlITe theilC operating schedules
around the Metrolink schedule to the extent reasonably feasible.
20. The applicant/contractor shall specify the installation of energy efficient
lighting, ailC 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. Prior 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 construction
activities.23.Sufficient accessibility folC the fire-fighting equipment shall be
provided. The Orange Fire Department shall review precise development proposals
to ensure adequate access and fire
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. 9521
26, Prior to issuance of a building permit, the project applicant shall submit an
emelCgency access plan to the City of Orange Police Department. This plan
will identify alternate 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 progI"ams and
recycling progI"ams during project construction and
operations.29. Adequate on-site storage facilities for collection of recyclable
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 laneas 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 Street and
Garden Grove Boulevard: add westbound right-turn lane.36. The applicant shall pay
its fair 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.ATTEST:
Clerk
ofthe 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 OctobelC, 2001,by
the following vote:AYES:
COUNCILMEMBERS: SLATER, ALVAREZ, MURPHY, COONTZ, CAVECCHE NOES:
COUNCILMEMBERS: NONE ABSENT:
COUNCILMEMBERS: NONE ABSTAIN:
COUNCILMEMBERS: NONE Reso
No, 9521 7 GAS
LEGAL
DESCRIPTION 605
BUILDING RESOLUTION #
9521 PARCEL
A:Parcel
2 of the Lot Line Adjustment No. LL94-1, in the City of Orange, County of Orange,
State of California, recorded April 12, 1996 as Instrument No. 96-180461,
Official
Records.Except from that portion thereof included within the Northwest Quarter of the
Southeast Quarter of Fractional Section 35, Township 4 South, Range 10 West, in the Rancho
Las Bolsas, in the City of Orange, County of Orange, State of California, as per
map recorded in Book 51, Page 10 of Miscellaneous Maps, in the Office of the
County Recorder of said County, all oil and other mineral rights in or under said land, lying
below a depth of 500 feet from the surface thereof, but without the right of entry, as reserved
in the deed from Chester M. Barnes and others, recorded October 2, 1999 in Book
4911,Page 214, Official
Records.Also except therefrom all subsurface water and subsurface water rights in and
under said
land.
PARCELB:A nonexclusive easement for utility facilities for the benefit of Parcel A, in, on, over,
to,under, through, upon and across the real property described in that certain
Declaration of Utility Line Easement, dated July 11, 1996, and recorded July 11, 1996 as
InstrumenI No. 19960354693 of Official Records, as set forth in said
Declaration.
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