Loading...
HomeMy WebLinkAbout2007-028 - Approving Tenative Tract Map No. 2007-01 KO-3/13/07 RESOLUTION NO. 2007-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2007-01 AS CONDITIONED AND APPROVING SITE PLAN REVIEW NO. 2007-01 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1901 EAST FIRST STREET (COUNTY MAP NO. 17069) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Applicant is requesting adoption and approval of the Final Environmentallmpacl Report No. 2006-01, Zoning Ordinance Amendment No. 2007-01, Amendment Application No. 2007-01, General Plan Amendment No. 2007-01, Development Agreement No. 2007-01, Site Plan Review No. 2007-01 and Tentative Tract Map No 2007-01 (County Map No. 17069) to allow construction of two residential high rise buildings with 374 condominium units and 8,800 square feet of retail space for the property located at 1901 East First Street. B. On February 26, 2007, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume I) for the Metro East Mixed Use Overlay Zone. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007 -01. 3. Adopt a resolution approving General Plan Amendment No. 2007- 01. C. On February 26, 2007, the Planning Commission continued the following actions to the March 12,2007 meeting: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume II) for the First and Cabrillo development project. 2. Adopt and ordinance approving Development Agreement No. 2007- 01. Resolution No. 2007-028 Page 1 of 25 3. Adopt a resolution approving Site Plan Review No. 2007-01 as conditioned. 4. Adopt a resolution approving Tentative Tract Map No. 2007-01 (County Map No. 17069) as conditioned. D. On February 26 and March 12, 2007, the Planning Commission unanimously voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2007-01. E. On March 12, 2007, the Planning Commission unanimously voted to recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2006-01 and approve the mitigation monitoring program and statement of overriding considerations (Volume II) for the First and Cabrillo development project. 2. Adopt and ordinance approving Development Agreement No. 2007- 01. 3. Adopt a resolution approving Site Plan Review No. 2007-01 as conditioned. 4. Adopt a resolution approving Tentative Tract Map No. 2007-01 (County Map No. 17069) as conditioned. F. On March 19,2007, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. G. Applicant filed Tentative Tract Map No. 2007-01 (County Map No. 17069), for condominium purposes to allow 374 condominium units. H. For Tentative Tract Map No. 2007-01, the City Council of the City of Santa Ana determines that the following findings have been established: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Industrial land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision, Tentative Tract Map No. 2007-01, will be consistent with the proposed District Center land use designation and density prescribed and all other elements of the General Plan. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed subdivision conforms to the minimum condominium requirements, as well as meets the letter and Resolution No. 2007-028 Page 2 of 25 intent of the State of California Subdivision Map Act Provisions. Tentative Tract Map No. 2007-01 is in keeping with the Site Plan Review (Development Project No. 2006- 23) and Chapter 34 and 41 of the Santa Ana Municipal Code. Covenants, Conditions and Restrictions (CC&Rs) are required for the project, which need to be approved by the City prior to City Council approval of the final map. 3. The project site is physically suitable for the type and density of the proposed project. The proposed site consists of approximately five acres of land within the Metro East Mixed Use Overlay Zone, which is physically suitable for the residential development as proposed. Access to the site will occur on First and Cabrillo Park Drive for automobiles. There are no physical constraints on the site to preclude development. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. An Environmental Impact Report was prepared pursuant to the California Environment Quality Act for the project. The project site is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision is not going to have any detrimental effects upon the general public. The short-term and long-term unavoidable adverse impacts identified in Environmental Impact Report No. 2006-01 as it pertains to air quality and traffic will be addressed by the issuance of a statement of Overriding Considerations by decision makers to balance the economic, legal, social, and technological and/or other benefits of this project against the unavoidable environmental impacts. Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2006-01. 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. There is no easement for public access currently existing on this property. Therefore, the proposed project will not Resolution No. 2007-028 Page 3 of 25 conflict with easements necessary for public access through or use of the property. However, the applicant will be granting an easement for pedestrian purposes over the northern portion of the site, which will allow public access throughout the Metro East area. I. Section 8.2 of the Metro East Mixed Use Overlay requires a review by the Planning Commission of all plans to ensure the project is in conformity with the Metro East Mixed Use Overlay Zone. For the MEMU Overlay Zone Site Plan Review No. 2007-01, the City Council of the City of Santa Ana determines that the following findings have been established: 1. Is the proposed development plan consistent with and will further the objectives outlined in Section 1.2 for the MEMU Overlay Zone? The proposed First and Cabrillo mixed use project will be compatible with Section 1.2 (Objectives) of the Metro East Overlay zone as the project will be a mixed use project that will allow persons to live, work and shop in the immediate area. Further, the project will incorporate an active streetscape that will integrate the private development with the public realm and will assist in creating a distinct identity for the district. 2. Is the proposed development plan consistent with the development standards specified in Section 4 of the MEMU Overlay Zone? The proposed project is consistent with Section 4 (Development Standards) of the MEMU zone. The project is in compliance with the various development standards for the Active Urban District, including setbacks, parking, lot size and open space. 3. Is the proposed development plan designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU Overlay Zone? The project site is compatible with adjacent development and achieves the design principles outlined in Section 5 (Design Principles) of the MEMU plan. The project is in close proximity to the Xerox Tower, a 15-story office high rise and has been designed to complement this tower. Further, the project incorporates a variety of architectural materials, massing and ground floor uses that are compatible with the MEMU plan. 4. Have the land use uses, site design, and operational considerations in the proposed development plan been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU Overlay Zone? Resolution No. 2007-028 Page 4 of 25 The proposed project has been designed to be compatible and identified in Section 7 (Operational Standards) of the MEMU plan. The projects windows, lighting and operational hours will result in a project that will not impact the proposed residential uses or the adjacent commercial and office uses. J. Final Environmental Impact Report No. 2006-01, the Mitigation Monitoring Program, and the Statement of Overriding Considerations which came before the City Council on March 19, 2007, and was approved and adopted by resolution at that hearing. At the March 19, 2007 meeting, the City Council also adopted a resolution approving General Plan Amendment No. 2007-01; adopted an ordinance approving Zoning Ordinance Amendment No. 2007-01; adopted an ordinance approving Amendment Application No. 2007-01; and adopted an ordinance approving Development Agreement No. 2007-01. This resolution incorporates by reference, as though fully set forth herein, the ordinances and resolution and said Final Environmental Impact Report, Mitigation Monitoring Program, and Statement of Overriding Considerations, and all of their respective facts, findings and conclusions in support of this resolution and the findings made herein. Section 2. The City Council of the City of Santa Ana hereby, approves Tentative Tract Map No. 2007-01 (County Map No. 17069) as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for City Council Action dated March 19,2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The City Council of the City of Santa Ana hereby approves Site Plan Review No. 2007-01 as conditioned in Exhibit "B" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for City Council Action dated March 19, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 4. This resolution shall not be effective unless and until Resolution No. 2007-027 and Ordinance No. NS-2740 becomes effective. If said ordinance or resolution are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 5. The City Council expressly reserves the right to modify, amend or repeal this resolution at any time by adoption of a subsequent resolution. ADOPTED this 19th day of March. 2007. Resolution No. 2007-028 Page 5 of 25 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee Assist AYES: Councilmembers Alvarez. Benavides. Bustamante. Martinez. Pulido. Sarmiento. Tinaiero (7) NOES: Council members None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007-028 to be the original resolution adopted by the City Council of the City of Santa Ana on March 19. 2007. Date: atricia E. Healy Clerk of the Council City of Santa Ana Resolution No. 2007-028 Page 6 of 25 Conditions for Approval for Tentative Parcel Map No. 2007-01 (Countv Map No. 17069) Tentative Tract Map No. 2007-01 (County Map No. 17069) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the tentative tract map. Failure to comply with each and every condition may result in the revocation of the tentative tract map. A. Planninq Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP No. 2006-23). 2. The Covenants, Conditions and Restrictions (CC&Rs) for this project must be reviewed and approved prior to approval of the final tract map. 3. All real estate signage must be removed from the site within one year from the date of installation. An extension of time may be granted as determined by the Planning Manager. 4. The final map must be approved and recorded prior to issuance of building permits. 5. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 6. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 7. Development within the area of the map is subject to design and development slandards in effect at the time of permit issuance. 8. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Department, Building Division, and Public Works Agency within 10 days of recordation. Exhibit A Resolution No. 2007-028 Page 7 of 25 9. Pursuant to section 66474.9(b) of the Subdivision Map Act, the applicant shall defend, indemnify, and hold harmless the City, and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, any approval of the City concerning this subdivision application, which action is brought within the time period provided for in Section 66499.37. The City shall promptly notify the applicant of any claim, action, or proceeding and the City shall cooperate fully in the defense. Resolution No. 2007-028 Page 8 of 25 Conditions for Approval for Site Plan Review No. 2007 -01 Site Plan Review No. 2007-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by this site plan review. The applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review. A. Planninq Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 2006-23. 2. Any amendment to this site plan review must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to submittal into building plan check, a project phasing plan shall be submitted to the Planning Commission for review and approval as identified in the development agreement. The phasing plan shall include a landscape plan identifying the treatment of the remainder building site. 4. The project shall incorporate on-site professional property management and host services for the residential component. 5. Balconies for the project shall maintain a minimum dimension of not less than five feet in any direction. 6. Conditions, Covenants and Restrictions (CC&Rs) shall be provided for the project and shall be submitted prior to building plan check. At a minimum, the CC&Rs shall include provisions pertaining to owner occupancy, restrictions on home-based businesses, the prohibition of storage on balconies, providing parking free of charge, parking spaces for each dwelling unit shall be provided as part of the deed for each dwelling unit, and a restriction on truck delivery hours to prohibit the loading or unloading of trucks between the hours of 9:00 p.m. and 9:00 a.m. 7. Prior to submittal into building plan check, detailed parking structure elevations shall be submitted to the Planning Commission for review and Exhibit B Resolution No. 2007-028 Page 9 of 25 approval. The plans shall include exterior finishes, materials, colors, and landscaping around the structure. 8. All parking for the project shall be made available free of charge. Parking spaces for each unit shall be provided as a part of the deed for each dwelling unit. 9. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy as required by the approved plans. 10. A detailed amenity deck plan must be reviewed and approved by the Planning Manager prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for the amenity deck as well as an installation plan. 11 . A detailed water feature plan must be reviewed and approved prior to issuance of any building permits. The plan shall include a minimum of one water feature within the ground floor central open space, elevations, hardscape design, lighting concepts and an installation plan. The exact specifications for these items are subject to review and approval of the Planning Manager. 12. The following items must be included as exterior amenities for the development: Enhanced paving in the motor court, enhanced paving on the walkways, an outdoor fireplace, barbeque and a pool on the amenity deck. 13. An interior building amenity plan of all common areas (meeting rooms, fitness rooms and/or lobbies if provided) must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the various finishes, furniture and equipment to be provided in these rooms. The exact specifications for these items are subject to the review and approval of the Planning Manager. 14. An interior amenity plan for the units must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the various finishes, furniture and equipment to be provided in these rooms. Examples of a level of quality required for the project include granite counter tops or equivalent, hardwood flooring or equivalent, General Electric Monogram appliances or equivalent, tiled bathroom and shower walls, stain grade hard wood cabinets and individual laundry hook-ups. The exact specifications for these items are subject to the review and approval of the Planning Manager. Resolution No. 2007-028 Page 10 of 25 15. An elevator lobby plan of each lobby must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the finishes and flooring to be provided. The exact specifications for these items are subject to the review and approval of the Planning Manager. 16. Pedestrian walkways shall be provided throughout the development. The amenities to be provided along this pathway shall include decorative concrete and paving, accent lighting, and landscape planters as shown on the landscape plans. The materials and design of the walkway is subject to the review and approval of the Planning Manager. 17. Cast iron drain pipes shall be provided for the project. 18. Smart wiring, including cable television and high-speed cable for computers, shall be provided for each unit and within the project's common areas. MitiClation Measures 19. The proposed structures shall be designed to maximize the use of textured or other non-reflective exterior surfaces and non-reflective glass. 20. All exterior lighting and advertising (including signage) shall be directed onto the specific location intended for illumination (e.g., parking lots, driveways, and walkways) and shielded away from adjacent properties and public rights-of-way to minimize light spillover onto adjacent areas. 21. Prior to issuance of a Building Permit, the applicant shall submit a lighting plan to the City of Santa Ana for review and approval. The plan shall specify the lighting type and placement to ensure that the effects of security and other outdoor lighting are minimized on adjacent uses and do not create spillover effects. The plan shall specifically incorporate the following: a. Features to shield light and/or glare from vehicles entering or exiting parking lots and structures that face sensitive uses (e.g., schools, hospitals, senior housing, or other residential properties) by providing barriers so that light from vehicle headlights would not illuminate off-site sensitive uses. b. Features to provide landscaping, physical barriers, screening, or other buffers to minimize project-generated illumination from entering off-site areas and to prevent glare or interference with vehicular traffic, in accordance with the City's Municipal Code. Resolution No. 2007-028 Page 11 of 25 22. Trash receptacles within the Overlay Zone will be required to have lids that enable convenient collection and loading and will be emptied on a regular basis, in compliance with City of Santa Ana regulations for the collection of solid waste. 23. The developer shall require by contract specifications that all diesel- powered equipment used would be retrofitted with after-treatment products (e.g., engine catalysts and other technologies available at the time construction commences) when construction activities commence. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff. 24. The developer shall require by contract specifications that all heavy-duty diesel-powered equipment operating and refueling at the project site would use low-NOx diesel fuel to the extent that it is readily available and cost effective (up to 125 percent of the cost of California Air Resources Board diesel) in the South Coast Air Basin at the time construction activities commence. This requirement shall not apply to diesel-powered trucks traveling to and from the project site. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff. 25. The developer shall require by contract specifications that alternative fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas, and unleaded gasoline) would be utilized to the extent feasible in the South Coast Air Basin at the time construction activities commence. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff. 26. The developer shall require by contract specifications that construction equipment engines will be maintained in good condition and in proper tune per manufacturer's specification for the duration of construction. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff. 27. The developer shall require by contract specifications that construction- related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 30 minutes. Diesel-fueled commercial motor vehicles with gross vehicular weight ratings of greater than 10,000 pounds shall be turned off when not in use for more than five minutes. Contract specifications shall be Resolution No. 2007-028 Page 12 of 25 included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff. 28. The developer shall require by contract specifications that construction operations rely on the electricity infrastructure surrounding the construction site rather than electrical generators powered by internal combustion engines to the extent feasible. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff. 29. The developer shall require by contract specifications that construction parking be configured to minimize traffic interference during the construction period and, therefore, reduce idling of traffic. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff. 30. The developer shall require by contract specifications that temporary traffic controls are provided, such as a flag person, during all phases of construction to maintain smooth traffic flow. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff. 31. The developer shall require by contract specifications that construction activities that affect traffic flow on the arterial system be scheduled to off- peak hours (10:00 a.m. to 4:00 p.m.). Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana Planning and Building Agency staff. 32. The developer shall require by contract specifications that dedicated on- site and off-site left-turn lanes on truck hauling routes be utilized for movement of construction trucks and equipment on site and off site to the extent feasible during construction activities. Contract specifications shall be included in the proposed project construction documents, which shall be approved by the City of Santa Ana. 33. Upon issuance of building or grading permits, whichever is issued earliest, notification shall be mailed to owners and occupants of all developed land uses within Y. mile of the Overlay Zone and the individual projects within the Overlay Zone providing a schedule for major construction activities that will occur through the duration of the construction period. In addition, the notification will include the identification and contact number for a community liaison and designated construction manager that would be available on site to monitor construction activities. The construction manager shall be responsible for complying with all project requirements Resolution No. 2007-028 Page 13 of 25 related to PM1Q generation. The construction manager will be located at the on-site construction office during construction hours for the duration of all construction activities. Contract information for the community liaison and construction manager will be located at the construction office, City Hall, the police department, and a sign on site. 34. As required by South Coast Air Quality Management District Rule 403- Fugitive Dust, all construction activities that are capable of generating fugitive dust are required to implement dust control measures during each phase of project development to reduce the amount of particulate matter entrained in the ambient air. These measures include the following: a. Limiting the amount of area disturbed during site grading to 10 acres per day. b. Application of soil stabilizers to inactive construction areas. c. Quick replacement of ground cover in disturbed areas. d. Watering of exposed surfaces three times daily. e. Watering of all unpaved haul roads three times daily. f. Covering all stock piles with tarp. g. Reduction of vehicle speed on unpaved roads. h. Post signs on site, limiting traffic to 15 miles per hour or less. i. Sweep streets adjacent to the project site at the end of the day if visible soil material is carried over to adjacent roads. j. Cover or have water applied to the exposed surface of all trucks hauling dirt, sand, soil, or other loose materials prior to leaving the site to prevent dust from impacting the surrounding areas. k. Install wheel washers where vehicles enter and exit unpaved roads onto paved roads to wash off trucks and any equipment leaving the site each trip. 35. The developer shall require by contract specifications that the architectural coating (paint and primer) products used would have a vac rating of 125 grams per liter or less. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed and approved by the City of Santa Ana Planning and Building Agency staff. Resolution No. 2007-028 Page 14 of 25 36. The developer shall require by contract specifications that materials that do not require painting be used during construction to the extent feasible. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed and approved by the City of Santa Ana Planning and Building Agency staff. 37. The developer shall require by contract specifications that pre-painted construction materials be used to the extent feasible. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed and approved by the City of Santa Ana Planning and Building Agency staff. 38. To ensure that avian species of concern, protected migratory species (e.g., MBTA), or raptors species are not injured or disturbed by construction in the vicinity of nesting habitat, the project applicant shall implement the following measures: a. When feasible, all tree removal shall occur between August 30 and February 15 to avoid the breeding season of any raptor species that could be using the area, and to discourage hawks from nesting in the vicinity of an upcoming construction area. This period may be modified with the authorization of the DFG; or if it is not feasible to remove trees outside this window then, prior to the beginning of mass grading, including grading for major infrastructure improvements, during the period between February 15 and August 30, all trees within 350 feet of any grading or earthmoving activity shall be surveyed for active raptor nests by a qualified biologist no more than 30 days prior to disturbance. If active raptor nests are found, and the site is within 350 feet of potential construction activity, a fence shall be erected around the tree(s) at a distance of up to 350 feet, depending on the species, from the edge of the canopy to prevent construction disturbance and intrusions on the nest area. The appropriate buffer shall be determined by the City in consultation with CDFG. b. No construction vehicles shall be permitted within restricted areas (Le., raptor protection zones), unless directly related to the management or protection of the legally protected species. c. In the event that a nest is abandoned, despite efforts to minimize disturbance, and if the nestlings are still alive, the developer shall contact CDFG and, subject to CDFG approval, fund the recovery and hacking (controlled release of captive reared young) of the nestling(s). Resolution No. 2007-028 Page 15 of 25 d. If a legally protected species nest is located in a tree designated for removal, the removal shall be deferred until after August 30th, or until the adults and young of the year are no longer dependent on the nest site as determined by a qualified biologist. 39. Due to the lack of cultural resource studies for the project site and in order to avoid damaging any unidentified cultural resources, a qualified archaeologist should be retained to monitor any significant ground- disturbing activities in undeveloped areas within the Overlay Zone, and any deep (10 feet or deeper) ground-disturbing activities in all areas of the Overlay Zone. 40. In the event that archeological resources are unearthed during project subsurface activities, all earth-disturbing work within a 100-meter radius must be temporarily suspended or redirected until an archeologist has evaluated the nature and significance of the find. After the find has been appropriately mitigated, work in the area may resume. 41. In the event that paleontological resources are unearthed during subsurface construction activities, all earth-disturbing work within a 100- meter radius of the find must be temporarily suspended or redirected until a paleontologist has evaluated the nature and significance of the find. After the find has been appropriately mitigated, work in the area may resume. 42. If human remains are unearthed, State Health and Safety Code Section 7050.5 require that no further disturbance shall occur until the County coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission (NAHC). The NAHC will then contact the most likely descendant of the deceased Native American, who will then serve as consultant on how to proceed with the remains. 43. Site-specific geotechnical studies shall be conducted under the direct supervision of a California Registered Engineering Geologist or licensed geotechnical engineer to assess detailed seismic, geological, soil, and groundwater conditions and develop recommendations to prevent or abate any identified hazards. The report shall specify foundation recommendations to ensure issues associated with underlying soils are addressed. Construction of the project shall comply with all recommendations in the geotechnical report. The study shall follow applicable recommendations of CDMG Special Publication 117 where applicable and shall include, but not necessarily be limited to: Resolution No. 2007-028 Page 160125 a. Determination of the locations of any suspected fault traces and anticipated ground acceleration at the building site. b. Potential for displacement caused by seismically induced shaking, liquefaction, differential soil settlement, expansive and compressible soils, or other earth movements or soil constraints. c. Evaluation of depth to groundwater. 44. Conduct expansion index tests in accordance with USC Standard 18-2 prior to project construction. The design of structural elements of future projects shall include recommendations set forth by the expansion index tests. 45. A health risk assessment (HRA) for diesel exhaust shall be prepared. Recommendations contained within the HRA shall be implemented in project design. 46. In the event that previously unknown or unidentified soil and/or groundwater contamination that could present a threat to human health or the environment is encountered during construction of the proposed project, construction activities in the immediate vicinity of the contamination shall cease immediately. If contamination is encountered, a Risk Management Plan shall be prepared and implemented that (1) identifies the contaminants of concern and the potential risk each contaminant would pose to human health and the environment during construction and post-development and (2) describes measures to be taken to protect workers, and the public from exposure to potential site hazards. Such measures could include a range of options, including, but not limited to, physical site controls during construction, remediation, long- term monitoring, post-development maintenance or access limitations, or some combination thereof. Depending on the nature of contamination, if any, appropriate agencies shall be notified (e.g., City of Santa Ana Fire Department). If needed, a Site Health and Safety Plan that meets Occupational Safety and Health Administration requirements shall be prepared and in place prior to commencement of work in any contaminated area. 47. Applicants shall file a Notice of Proposed Construction or Alteration with the FAA (FAA Form 7460-1). Following the FAA's nautical evaluation of the project, projects must comply with conditions of approval imposed or recommended by the FAA. Subsequent to the FAA findings, the project shall be reviewed by the ALUC for consistency analysis. 48. Prior to initiation of construction activities, have a completed traffic control plan, prepared by the developer that will be implemented during Resolution No. 2007-028 Page 17 of 25 construction activities. This may include, but is not limited to, the maintenance of at least one unobstructed lane in both directions on surrounding roadways. At any time only a single lane is available, the developer shall provide a temporary traffic signal, signal carriers (Le., f1agpersons), or other appropriate traffic controls to allow travel in both directions. If construction activities require the complete closure of a roadway segment, the developer shall provide appropriate signage indicating alternative routes. 49. The City Planning Division shall consult with the Santa Ana Police Department and the Santa Ana Fire Department to disclose temporary closures and alternative travel routes in order to ensure adequate access for emergency vehicles when construction of future projects would result in temporary land or roadway closures. 50. In order to comply with the 2003 DAMP, Storm Drain Plans, Stormwater Pollution Prevention Plans (SWPPP) and Water Quality Management Plans (WQMP) conforming to the current National Pollution Discharge Elimination System (NPDES) requirements, prepared by a Licensed Civil Engineer or Environmental Engineer, shall be submitted to the Department of Public Works for review and approval. a. A SWPPP shall be prepared and updated as needed during the course of construction to satisfy the requirements of each phase of the development. The plan shall incorporate all necessary Best Management Practices (BMPs) and other City requirements to eliminate polluted runoff until all construction work for the project is completed. The SWPPP shall include treatment and disposal of all dewatering operation flows and for nuisance flows during construction. b. A WQMP shall be prepared, maintained, and updated as needed to satisfy the requirements of the adopted NPDES program. The plan shall incorporate water quality measures for all improved phases of the project. c. Location of the BMPs shall not be within the public right-of-way. 51. Prior to issuance of grading permits, submit a Hydrology and Hydraulic Study to the Public Works Department for review and approval. If existing facilities are not adequate to handle runoff that may be generated by the proposed development, then the applicant shall propose feasible remedies to assure that adequate drainage facilities will be available prior to issuance of occupancy permits. The applicant may propose storm drain improvements to be constructed in order to meet project needs. If Resolution No. 2007-028 Page 180125 necessary storm drain upgrades cannot be implemented prior to issuance of occupancy permits, on site detention facilities or other methods acceptable to the City shall be included with new development projects to ensure that post-construction runoff does not exceed pre-development quantities. 52. Construction activities shall be limited to the following general restrictions. a. All construction activity within the City shall be conducted in accordance with Section 18-314(e) of the City of Santa Ana Municipal Code. 53. The project applicant shall require by contract specifications that the following construction best management practices (BMPs) be implemented by contractors to reduce construction noise levels: a. Two weeks prior to the commencement of construction, notification must be provided to surrounding land uses within 1,000 feet of a project site disclosing the construction schedule, including the various types of activities that would be occurring throughout the duration of the construction period. b. Ensure that construction equipment is properly muffled according to industry standards and be in good working condition. c. Place noise-generating construction equipment and locate construction staging areas away from sensitive uses, where feasible. d. Schedule high noise-producing activities between the hours of 8:00 a.m. and 5:00 p.m. to minimize disruption on sensitive uses. e. Implement noise attenuation measures to the extent feasible, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources. f. Use electric air compressors and similar power tools rather than diesel equipment, where feasible. g. Construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 30 minutes. Resolution No. 2007-028 Page 19 of25 h. Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow for surrounding owners and residents to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action taken to the reporting party. i. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed by the City of Santa Ana Planning and Building Agency staff prior to issuance of a grading permit. 54. The project applicant shall require by contract specifications that construction staging areas along with the operation of earthmoving equipment within the project area would be located as far away from vibration and noise sensitive sites as possible. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed by the City of Santa Ana Planning and Building Agency staff prior to issuance of a grading permit. 55. The project applicant shall require by contract specifications that heavily loaded trucks used during construction would be routed away from residential streets to the extent feasible. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed by the City of Santa Ana Planning and Building Agency staff prior to issuance of a grading permit. 56. Where future residential uses would be construction in areas exposed to noise levels greater than 60 dBA CNEL, prior to issuance of building permits, building plans shall reflect the construction of noise barriers around patios and balconies. The barriers shall be constructed of materials that provide a surface density of at least four pounds per square foot and shall be continuous, without gaps or gates. The height of the barriers shall be sufficient to reduce the exterior noise levels to a CNEL of 65 dBA or less, and shall be determined by a qualified acoustical consultant as part of the final engineering design of the project. 57. Prior to issuance of building permits, building plans shall specify the STC rating of windows and doors for all residential land uses. Window and door ratings shall be sufficient to reduce the interior noise level to a CNEL of 45 dBA or less, and shall be determined by a qualified acoustical consultant as part of the final engineering design of the project. Resolution No. 2007-028 Page 20 of 25 58. The developer shall provide proper shielding for all new HVAC systems used by the proposed residential and mixed use buildings to achieve an attenuation of 15 dBA at 50 feet from the equipment. 59. Individual project developers shall pay school impact fees prior to the issuance of occupancy permits. 60. The project applicant shall make a fair share contribution for the construction of an eastbound right turn lane (approximately 300 feet in length) at the intersection of Fourth Street at the SR-55 southbound ramps prior to issuance of grading permits. 61. The project applicant shall make a fair share contribution for the construction of a raised median or other means such as diverter islands to prevent eastbound and westbound left turns and through movements at the intersection of Sixth Street at Tustin Avenue prior to the issuance of a grading permit. 62. As part of the project, the City of Santa Ana and the project sponsors shall work with the transit providers to implement various transit-related measures to improve and expand bus system service within the Overlay Zone. These measures may include, but are not limited to, the following: a. Adding bus stops to the Overlay Zone along existing and proposed roadways. b. Changing bus service headways to respond to increased demand. c. Changing bus service destinations to respond to changing demand. d. Adding local shuttle service for employees and patrons of the Overlay Zone. 63. The details of bus service improvements shall be determined in coordination with OCTA. The following recommendations would help encourage public transit patronage for project-related trips. a. Bus Stop Locations-Relocation of existing bus stops and the provision of additional bus stops should be considered to accommodate transit users at convenient locations. b. Days of Operation-The City should work with OCTA to consider changes to route times to serve nighttime and weekend project visitors and employees. Resolution No. 2007-028 Page 21 of 25 c. Headway-The City should work with OCTA to review route headways to determine if it would be appropriate to reduce them to accommodate transit riders within the Overlay Zone. 64. A six inch building lateral shall be installed on-site for the purposes of conveying wastewater flows from the proposed project to the existing OCSD conveyance system. 65. The project shall implement energy conservation measures (such as energy-efficient lighting and micro processor controlled HVAC equipment) to reduce the demand for electricity and natural gas. The energy conservation measures shall be subject to modification as new technologies are developed or if current technology becomes obsolete through replacement. B. Police Department 1. Prior to issuance of a building permit, provide elevations of the parking structure elevator cab and lobby enclosure to insure maximum visibility. All parking structure stairwells are to be open to either the exterior or interior of the structure. No enclosed stairwells will be accepted. 2. A security plan must be submitted to the Police Department at the plan check stage for approval. The plan must cover all aspects of the projects security including parking structure hours of operation (secured/open), providing uniformed security guards in the lobby of the towers (security desk), as well as rovers for the parking structure and grounds, a duress alarm system for the parking structure and an access control system for the perimeter of the building. 3. Prior to issuance of a building permit, the plans shall depict that resident parking is physically separated from all commercial and/or guest parking. 4. Prior to issuance of a building permit, the plans shall note that each door within the structure leading into a stairwell, lobby or storage area shall be equipped with a minimum 100 square inch fire rated window. Convex mirrors a minimum of 12-inches in diameter and shatterproof must be installed at each stairwell landing and each corner along a walkway. The last flight of stairs shall be fully enclosed at its base. Elevator lobbies must be glass encased (glass entry doors) to provide the user with maximum visibility. Elevator lobbies must open directly into the parking garage. Resolution No. 2007-028 Page 22 of 25 5. Prior to issuance of a building permit, note that all parking structures vehicular entrances are to be secured with a rolling grill and outfitted with a Police Department sub mastered Knox box. 6. Prior to issuance of a building permit, depict that the parking structure first floor exits are to be designed to allow emergency egress only with no exterior hardware. 7. Prior to issuance of a building permit, the building and unit address shall comply with emergency service standards of the City of Santa Ana. 8. Prior to issuance of a building permit, depict that the lobby doors are to be quipped with a Police Department approved access control system. 9. Prior to issuance of a building permit, the plans shall note that a minimum 100 square inch window will be provided in the garbage chute doors. 10. Prior to issuance of a building permit, walkways are to be illuminated to a minimum maintained 1 foot candle of light. Bollards and Malibu style lighting is not to be used to provide the minimum lighting requirement for any walkway, parking lot or access area. 11. Prior to issuance of a building permit, an FCC consultant shall be hired to determine if an 800 MHZ radio repeater or similar equipment is required to be installed to mitigate any interference that the structures may create underground or in the adjacent area. The required equipment shall be required to be installed if deemed necessary by the consultant. 12. Prior to issuance of a building permit, the plans shall note that operable windows and doors, and their associated hardware, shall meet all California Model Building Security Ordinance requirements as specified in the Santa Ana Municipal Code Section 8-212 or be equipped with an auxiliary locking mechanism. Windows, doors and their associated hardware must be submitted to and be approved by the Police Department prior to plan check and ordering/installation of windows and hardware. c. Public Works AClencv Prior to submittal into building plan check, the plans shall be revised to address the following items: 1 . Revise the site plan/tentative plan to reflect all the traffic impact analysis (TIA) mitigation measure recommendations upon the approval of the TIA. Resolution No. 2007-028 Page 23 of 25 2. Revise the site plan/tentative plan to reflect all mitigations/ recommendations of the final EIR. 3. Revise the site plan/tentative map to depict and note the installation of new sidewalk, curb, gutter, parkway sod, and streetlights along the project frontage as needed. 4. Revise the site plan/tentative map to depict the existing 15-inch Orange County Sanitation District trunk sewer located within a 15-foot wide OCSD utility easement along (Cabrillo Park Drive) the westerly boundary of this site. 5. Revise the site plan/tentative map to depict the proposed domestic and irrigation water services point of connections, vaults and meters, to be placed within public right-of-way along First Street instead of Cabrillo Park Drive. Installation of vaults/meters neither within private property, nor within public right-of-way along Cabrillo Park Drive, on top of OCSD sewer main/easement is allowed. 6. Revise the site plan to depict construction of a Grease Interceptor if the proposed retail area is to include a restaurant(s). 7. Revise the site plan to depict and note, on Cabrillo Park Drive and First Street, a slurry seal and crack repair due to construction traffic impacts. Area of work is to be determined by a City of Santa Ana field representative. 8. Add the following notes to the site plan/tentative map: "This subdivision is subject to new covenants, conditions, and restrictions, which are to address ingress-egress, parking, drainage, private utilities, emergency vehicle access, landscaping, cost sharing and maintenance of private streets, and private utilities to be recorded prior to and/or concurrently with the Final Map." 9. Revise the site plan and the tentative map to reflect all proposed improvements per the run-off study, sewer study, Traffic Impact Analysis, all new off-site improvements, including but not limited to, new pavement, sidewalk, curb, gutter, slurry seal, crack repair, street lights, and street trees as required. 10. Revise the site plan to incorporate construction of proposed "Site Desiqn" Best Management Practices (BMP's) such as walkways with open joints, sidewalks and parking lot aisles with minimum widths, draining sidewalks into adjacent landscaping, incorporating the landscape area into the drainage system, etc. to minimize the impervious areas and to maximize permeability and natural areas. Reference the Orange County Drainage Resolution No. 2007-028 Page 24 of 25 Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). 11 . Revise the site plan to incorporate construction of any proposed "Treatment Control" BMP's using the Best Available Technology (such as biofilters, dry or wet detention basins, landscape detentions, wet ponds or wetlands, drainage inserts, filtration basins, etc.) and recommended sizing calculations near the pollutant source, so as to infiltrate and filter the pollutants of concern in post development run-off flow prior to its discharge into any receiving body of water. Reference the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). 12. Revise the site plan/tentative map to depict and note the construction of a concrete bus pad on First Street at the existing bus stop. 13. Revise the site plan/tentative map to depict and note the installation of 36 inch box street trees. 14. Revise the site plan/tentative map to depict and note the reconstruction of full depth asphalt concrete on Cabrillo Park Drive to the street centerline along the entire project frontage. 15. Revise the site plan/tentative map to note the construction of all public improvements and to dedicate the right-of-way necessary to meet the Metro East Public Realm Amenity Plan. Resolution No. 2007-028 Page 25 of 25