HomeMy WebLinkAbout11.02 Staff Report & Attachments�pP ORa.
AGENDA ITEM
October 13, 2015
TO: Honorable Mayor and
Members of the City Council
THRU: Rick Otto
City Manager
FROM: William Crouch
Community Develop ent Director
ReviewedNerified By
City Manager
Finance Director
To Be Presented By: Robert Garcia
Senior Planner
Cons Calendar
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Plan /Environ
1. SUBJECT
PUBLIC HEARING: Tentative Tract Map No. 0035 -14, Major Site Plan No. 0790 -14,
Conditional Use Permit No. 2981 -15, Design Review No. 4764 -14, and Environmental Review
No. 1839 -14 — The New Home Company located at 2811 East Villareal Drive.
2. SUMMARY
The applicant proposes to construct 40 new detached two -story single - family residences at the
former Marywood Pastoral Center - Diocese of Orange.
3. RECOMMENDED ACTION
Adopt the following Resolutions:
1. City Council Resolution No. 10889 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE TO (A) CERTIFY THE ADEQUACY OF FINAL
ENVIRONMENTAL IMPACT REPORT 1839 -14 (B) ADOPT
FINDINGS OF FACT, (C) ADOPT A STATEMENT OF OVERRIDING
CONSIDERATIONS, AND (D) ADOPT A MITIGATION
MONITORING AND REPORTING PROGRAM
2. City Council Resolution No. 10890 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE TO APPROVE TENTATIVE TRACT MAP NO. 0035 -14,
MAJOR SITE PLAN NO. 0790 -14, CONDITIONAL USE PERMIT NO.
2981 -15, AND DESIGN REVIEW NO. 4764 -14 TO ALLOW FOR THE
CONSTRUCTION OF 40 NEW DETACHED TWO -STORY SINGLE -
FAMILY RESIDENCES AT THE FORMER MARYWOOD PASTORAL
CENTER ON A 16 ACRE SITE AT 2811 EAST VILLAREAL DRIVE
ITEM III 10/13/2015
4. FISCAL IMPACT
None
5. STRATEGIC PLAN GOAL(S)
3. Enhance and promote quality of life in the community
Strategy:
a) Support and enhance attractive, diverse living environments.
6. GENERAL PLAN IMPLEMENTATION
Of note is consistency with Land Use Element Goal 1.0; Meet the present and future needs of all
residential and business sectors with a diverse and balanced mix of land uses.
Of note is consistency with Housing Element Policy Action 5: Development of housing for large
families.
The proposed project is consistent with numerous goals and policies of the General Plan. The list
is included in Table 6.9 -2 of the Environmental Impact Report (Exhibit B).
7. DISCUSSION and BACKGROUND
A full discussion and background of the proposed project and of the various issues can be found
in the Planning Commission Staff Report dated September 16, 2015 (Attachment # 3).
Existing Site
The approximately 16 -acre pastoral center is comprised of existing buildings and ancillary
courtyards, planter areas, tennis courts, athletic field and asphalt- concrete parking areas. Existing
buildings include approximately 102,000 square feet of administrative offices, classrooms,
dormitories, conference facilities, gymnasium, kitchen, cafeteria, auditorium, and chapel.
Proposed Project
The New Home Company /applicant, is proposing to construct 40 new detached two -story single
family residences on the 16 acre Marywood Site (2.5 units /acre density). All existing
development associated with the Marywood Pastoral Center including the administrative offices,
classrooms, dormitories, conference facilities, a gymnasium, kitchen, cafeteria, auditorium, and
chapel will be demolished. In addition, all ancillary courtyards, planter areas, tennis courts,
athletic field, and asphalt- concrete parking areas will be cleared from the site to accommodate
the new residential development. Residential lot sizes would range from a minimum of 7,610
square feet, with some lots as large as 18,970 square feet.
Environmental Document
The City of Orange has determined that an EIR is required to analyze the potential environmental
impacts of the project. The Draft EIR has been prepared in accordance with California
Environmental Quality Act (CEQA) and the CEQA Guidelines. The City of Orange will consider
certification of the EIR prior to taking action on the requested approvals. The public review
period began on June 19, 2015 and ended on August 3, 2015. Potentially significant
environmental effects that were evaluated in the Draft EIR include Aesthetics, Air Quality,
Biological Resources, Cultural Resources, Geology & Soils, Greenhouse Gas,
ITEM 10/13/2015
Hazards /Hazardous Materials, Hydrology /Water Quality, Land Use & Planning, Noise,
Population & Housing, Public Services, Transportation Traffic, and Utilities & Service Systems.
The project -level analysis of each topical environmental issue section (DEIR Sections 6.1
through 6.15) describes the existing conditions, the thresholds of significance, the analytical
methodology, the impacts of the proposed Project, mitigation to reduce or avoid any significant
impacts, and the level of significance of the impacts after mitigation.
Staff received 19 written comment letters during the public review period, and responses to those
comments were prepared and forwarded to the respective authors of such comments in advance
of the City's consideration of any determination in accordance with the requirements of CEQA.
The EIR is provided as Exhibit B to this report. Copies of the comment letters and responses can
be found in Final EIR.
Significant Unavoidable Adverse Environmental Impact
Most potential project impacts have been substantially avoided or mitigated, as described in the
Findings of Fact (Attachment A of the Planning Commission Resolution). However, there
remains one project impact for which complete mitigation is not possible. The City finds that
the demolition of the existing Marywood development would have a significant impact on
cultural and historic resources under CEQA based on its significance as an example of New
Formalism architecture and the work of the noted architect, Vincent G. Raney. This impact
cannot be reduced to a level of less than significant. Although the project would implement
PDF CUL -1, which consists of the implementation of a religious and architectural salvage
program of items found onsite, and the EIR identified a mitigation measure, MM CUL -3, which
requires that a recordation and architectural salvage program be implemented prior to the
issuance of a demolition permit, the EIR concluded that this impact could not be reduced to a
level of less than significant. In addition, no feasible alternatives were identified that would
avoid or minimize this impact to a less than significant level.
The applicant has proposed additional mitigation including the production of an oral history film
to incorporate interviews of staff members and others associated with the Marywood facility. The
finished oral history will be cataloged into the City's local history collection. Additionally, the
applicant proposed an interpretive feature to be incorporated into the front entrance of the new
residential development, which will tell the story of Marywood in words, pictures, and reuse of
materials important to the site.
8. ADVISORY BOARD RECOMMENDATION
Staff Review:
Staff reviewed the conceptual plans and draft environmental impact report on February 25, 2015
and provided comments. On June 16, 2015, SMART reviewed the revised documentation and
recommended approval with conditions.
Design Review Committee:
The Design Review Committee (DRC) reviewed the preliminary proposal on December 17,
2014, and provided feedback to the applicant on the preliminary proposal. On July 15, 2015, the
DRC reviewed the formal proposal and related documents and provided comments. On August
19, 2015, the DRC reviewed the revised proposal and related documents. The DRC meeting was
well attended by members of the community, four of which made public comments at the
ITEM 10/13/2015
meeting. The speakers expressed concerns regarding the proposal, some of which were not
within the purview of the Committee. In general, the comments centered around the stability of
the slopes, hours of construction and demolition, water regulations, tandem garages, lack of
parking spaces, against a gating the community, and questioned the applicability of Infill
Residential Design Guidelines. The DRC recommended approval by a vote of 4 -0 with
conditions, which have been included in the draft Planning Commission Resolution.
Zoning Administrator:
The Zoning Administrator (ZA) on August 26, 2015, reviewed the request to create a temporary
aggregate plant on site to crush the existing concrete and asphalt into suitable sizes of rocks to
use as base on -site. Members of the community attended the ZA meeting, four of which made
public comments at the meeting. The speakers addressed hours of operations, posting of
conditions and mitigation at the site, stability of the slope, noise, dust, and particulate matter
going into the air. The ZA is recommending approval with conditions, which have been included
in the draft Planning Commission Resolution.
Planning Commission:
On September 21, 2015, the Planning Commission conducted a public hearing and took
testimony. There were nine speakers in support of the proposal, and nine speakers in opposition
to the proposal. In general, the speakers in opposition to the proposal expressed concern
regarding flaws in the EIR and traffic issues (the traffic study did not address comments from
Caltrans); parking and safety issues; the community being gated; concern with the removal of old
growth trees on the site impacting the surrounding hills; 10 days of on -site crushing extending to
30 days; traffic impact study of the EIR document was deficient and inaccurate missing two
critical intersections; concern with a Child Time Learning Center north of the development site
and heavy trucks competing with parents dropping off their children; visual blight from two
power poles remaining above ground and; the failure of the Design Review Committee to apply
the City's Infill Residential Design Guidelines. The Commission recommended approval of the
project and recommended certification of the Final EIR to the City Council by a vote of five ayes.
A copy of the final minutes from the hearing is provided as Attachment 4.
9. ATTACHMENTS
Attachments to Report:
1. City Council Resolution No. 10889
2. City Council Resolution No. 10890
3. Planning Commission Staff Report Dated September 21, 2015
4. Planning Commission Meeting Minutes Dated September 21, 2015
Exhibits provided to the City Council:
A. Submitted Plans date labeled October 13, 2015
B. Environmental Impact Report No. 1839 -14
cc: Douglas Woodward
The New Home Company
95 Enterprise, Suite 325
Aliso Viejo, CA 92656
Peter K. Carlson
VCS Environmental
30900 Rancho Viejo Road, Suite 100
San Juan Capistrano, CA 92675
ITEM
10/13/2015
FINAL ENVIRONMENTAL IMPACT REPORT NO. 1839 -14
RESOLUTION NO. 10889
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE TO (A) CERTIFY THE ADEQUACY OF
FINAL ENVIRONMENTAL IMPACT REPORT 1839 -14 (B)
ADOPT FINDINGS OF FACT, (C) ADOPT A STATEMENT
OF OVERRIDING CONSIDERATIONS, AND (D) ADOPT A
MITIGATION MONITORING AND REPORTING
PROGRAM FOR RELATED PROJECT ENTITLEMENTS
DESIGNATED AS TENTATIVE TRACT MAP NO. 0035 -14,
MAJOR SITE PLAN NO. 0790 -14, CONDITIONAL USE
PERMIT NO. 2981 -15, AND DESIGN REVIEW NO. 4764 -14
FOR THE CONSTRUCTION OF 40 NEW DETACHED
TWO -STORY SINGLE - FAMILY RESIDENCES ON THE
FORMER 16 ACRE MARYWOOD PASTORAL CENTER
SITE LOCATED AT 2811 EAST VILLAREAL DRIVE
WHEREAS, the City Council has authority per City of Orange Environmental Review
Guidelines to certify Environmental Impact Report 1839 -14 (SCH #2015041033); and
WHEREAS, the applicant has submitted a project in accordance with requirements of
the Municipal Code of the City of Orange and is known as the Marywood Residential
Development Project which consists of Tentative Tract Map No. 0035 -14, Major Site Plan No.
0790 -14, Conditional Use Permit No. 2981 -15, Design Review No. 4764 -14, and Environmental
Review No. 1839 -14, all of which are collectively referred to herein as the "Project "; and
WHEREAS, The Project, which by necessity includes Environmental Impact Report
1839 -14 (SCH #2015041033), was filed by The New Home Company, in accordance with the
provisions of the City of Orange Municipal Code; and
WHEREAS, the environmental impacts of the project have been analyzed through Draft
Environmental Impact Report No. 1839 -14, changes and revisions (Errata) to Draft
Environmental Impact Report 1839 -14, the Response to Comments, technical appendices, and
the Mitigation Monitoring Program, pursuant to the provisions of the California Environmental
Quality Act (CEQA), local CEQA Guidelines, and the State CEQA Guidelines, a copy of which
is on file with the Community Development Department of the City of Orange; and
WHEREAS, Draft Environmental Impact Report No. 1839 -14 was circulated for public
review and comment within a State mandated 45 -day public review period as required by CEQA,
with the comment period that occurred between June 19, 2015 and ended on August 3, 2015; and
WHEREAS, responses to the comments received on Draft Environmental Impact Report
No. 1839 -14 have been prepared to the satisfaction of the City; and
ATTACHMENT NO. 1
CC RESOLUTION 10889
MARYWOOD
OCTOBER 13, 2015 CC MTG.
TENTATIVE TRACT MAP NO. 0035-14
MAJOR SITE PLAN NO. 0790-14
CONDITIONAL USE PERMIT NO. 2981-15
DESIGN REVIEW COMMITTEE NO. 4764-14
RESOLUTION NO. 10890
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE TO APPROVE TENTATIVE TRACT MAP
NO. 0035 -14, MAJOR SITE PLAN NO. 0790 -14,
CONDITIONAL USE PERMIT NO. 2981 -15, AND DESIGN
REVIEW NO. 4764 -14 TO ALLOW FOR THE
CONSTRUCTION OF 40 NEW DETACHED TWO -STORY
SINGLE - FAMILY RESIDENCES ON THE 16 ACRE
MARYWOOD PASTORAL CENTER SITE LOCATED AT
2811 EAST VILLAREAL DRIVE
WHEREAS, the City Council has authority per Orange Municipal Code Section
16.12.010.C, Orange Municipal Code Table 17.08.020, and Orange Municipal Code Section
17.09.020A. to review and take action on Tentative Tract Map No. 0035 -14, Major Site Plan No.
0790 -14, Conditional Use Permit No. 2981 -15, and Design Review No. 4764 -14 pertaining to
the subdivision of 16 acres of land for the construction of 40 new detached two -story single -
family residences at the former Marywood Pastoral Center located at 2811 E. Villareal Drive;
and
WHEREAS, Tentative Tract Map No. 0035 -14, Major Site Plan No. 0790 -14,
Conditional Use Permit No. 2981 -15, and Design Review No. 4764 -14 was filed by the applicant
in accordance with the provisions of the City of Orange Municipal Code; and
WHEREAS, Tentative Tract Map No. 0035 -14, Major Site Plan No. 0790 -14,
Conditional Use Permit No. 2981 -15, and Design Review No. 4764 -14 was processed in the time
and manner prescribed by state and City law; and
WHEREAS, pursuant to the authority and criteria contained in the California
Environmental Quality Act (CEQA), the Community Development Director analyzed the
proposal and determined that the project will have a potentially significant adverse effect on the
environment. A Draft Environmental Impact Report (Draft EIR 1839 -14, SCH #2015041033)
was prepared and circulated for public review for a period of at least 45 days, from June 19, 2015
to August 3, 2015. The Final Environmental Impact Report and required discretionary permits
for the project is complete and adequate for the consideration of the Tentative Tract Map, Major
Site Plan Review, Conditional Use Permit, and Design Review Committee applications. City
Council Resolution No. 10889 has been passed, approved and adopted by the City Council on
October 13, 2015, certifying Final EIR 1839 -14 (SCH #2015041033) and adoption of a Statement
of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the project
and all required discretionary permits; and
ATTACHMENT N0.2
CC RESOLUTION 10890
MARYWOOD
OCTOBER 13, 2015 CC MTG.