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RES-9912 Major Site Plan Review ApprovalRESOLUTION NO. 9912 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING MAJOR SITE PLAN REVIEW NO. 288-03 TO ALLOW THE FUTURE DEVELOPMENT OF THE IMMANUEL LUTHERAN CHURCH AND SCHOOL CAMPUS LOCATED AT 802 EAST CHAPMAN AVENUE, 137 AND 147 SOUTH PINE STREET. APPLICANT: IMMANUEL LUTHERAN CHURCH WHEREAS, Major Site Plan Review No. 288-03 was filed by Immanuel Luther Church in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Major Site Plan Review No. 288-03 was processed in the time and manner described by State and local law; and WHEREAS, the City Council has considered the information contained in Mitigated Negative Declaration No. 1718-03, including the Mitigation Monitaring Program, and has found that the project will not significantly impact the environment; and WHEREAS, the City Council of the City of Orange conducted one duly advertised public hearing on September 14, 2004 for the purpose of considering Major Site Plan Review No. 288-03 upon property generally located at 802 East Chapman Avenue, 137 and 147 South Pine Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORANGE that Major Site Plan Review No. 288-03 is hereby approved for the future development of the Immanuel Lutheran Church and School campus, located at 802 East Chapman Avenue, 137 and 147 South Pine Street based on the following findings: SECTION 1 —FINDINGS 1.The Specific Plan is compatible with surrounding development in that the proposed development standards and guidelines incorporate design elements that compliment the Spanish Revival and Mediterranean Revival themes present on the campus. The Specific Plan also includes design standards and guidelines that will be compatible with the surrounding residential and commercial uses. 2.The project conforms to City development standards and any applicable special design guidelines or specific plan requirements in that Major Site Plan Review No. 288-03 is one component of the larger development application for Zone Change No. 1220-03, which establishes building development, signage, and parking standards that are unique and tailored to the Immanuel Lutheran Church and School campus in the context of the Immanuel Lutheran Church Specific Plan. 3.The project provides far safe and adequate vehicular and pedestrian circulation. The proposed project includes a Transportation Demand Management Program intended to reduce the amount of traffic and parking demand generated by the Immanuel campus. Additionally, mitigation measures and conditions of approval adopted in conjunction with project approval will address traffic congestion and safety-related issues through the establishment of a pick- up/drop-off program for the school, and crosswalk safety standards, and the provision of bicycle parking. 4.City services are available and adequate to serve the project in that the City's Public Works, Water, Fire, and Police Departments have reviewed the project. All other departments indicated that they are able to serve the project subject to their standard development conditions. 5.The project has been designed to fully mitigate or substantially minimize adverse environmental effects in that Mitigated Negative Declaration No. 1718- 03 was prepared and includes mitigation measures that reduce potential impacts to air quality, biological resources, cultural resources, noise, and transportation/traffic to less than significant levels. Adoption of the Mitigated Negative Declaration and associated Mitigation Monitoring Program will ensure that potential impacts are addressed. 6.The zone change from Office Professional (OP) and Duplex Residential (R2-6) to Public Institution (Specific Plan) (PI(SP)) is intended to provide for a three phased Specific Plan of the Immanuel Lutheran Church and School campus through an overall floor area ration of .55. Therefore, Major Site Plan Review No. 288-03 is bound to, and cannot proceed without, approval of Zone Change No. 1220-03. 7.The Immanuel Lutheran Church Specific Plan text establishes the development standards for the Public Institution (PI) land use designation for the Immanuel Lutheran Church and School campus established by Zone Change No. 1220-03. Upon City Council approval of the Zone Change the City's Zoning Map will be updated to reflect this designation. 8.That there is no evidence befare the City of Orange that the proposed Specific Plan 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. 9.That the City of Orange has made required findings pursuant to CEQA as set forth in Section 2 below. 2 10. That the data and analysis upon which these findings of fact are based, including those in Section 2 of this resolution, are set forth in the staff report for Mitigated Negative Declaration No. 1718-03, Zone Change 1220-03, and Major Site Plan Review No. 288-03, staff's oral presentation, public testimony, and Planning Commissioner comments which constitute the City Council's review of this application. SECTION 2 —ENVIRONMENTAL REVIEW Initial Study/Mitigated Negative Declaration No. 1718-03 was prepared in conjunction with Zone Change No. 1220-03, the Immanuel Lutheran Church Specific Plan, and Major Site Plan Review No. 288-03. After examining the Initial Study/Mitigated Negative Declaration, the City Council finds that any potential significant adverse impacts can be mitigated to a level of insignificance. Therefore, the City Council hereby approves Mitigated Negative Declaration No. 1718-03. SECTION 3 —CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed with approval: General 1.Within two (2) days of final approval of this project, the applicant shall deliver to the Planning Division a cashiers check payable to the County Clerk in an amount required to fulfill the fee requirements of Fish and Game Code Section 711.4(d)(2) and the County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code 2ll52, 14 Cal. Code Regulations 15075. If it is determined that there will be no impact upon wildlife resources, the fee shall be $43.00. 2.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. 3.The applicant shall comply with all federal, state, and local laws, including all City regulations. Violation of any of those laws in connection with the use will be cause for revocation of this permit. 4.These conditions will be reprinted on the cover sheet or first page of construction plans, including grading plans. 5.The applicant shall formalize its shared parking arrangement with the property owners on the southwest corner of Chapman Avenue and Cambridge Street and the southwest corner of Chapman Avenue and Pine Street prior to the issuance 3 of any building permits associated with the Specific Plan. The 25-space Church owned parking lot shall be re-striped to City standards. Environmental 6.The applicant/contractor shall water the site as necessary during construction to prevent a visible dust cloud from leaving the property boundary, including but not limited to, watering prior to and during any earth movement. If disturbed soil must be left uncovered far more than four consecutive days, the construction contractor shall apply and maintain a dust palliative on the soil. The Chief Building Official and the Directar of Public Works or their designees shall verify this during grading and construction. (Mitigation AQ-1) 7.During grading and construction, the applicant/contractor shall provide sufficient perimeter erosion control to prevent washout of silty materials onto public roads. The Chief Building Official and/or Director of Public Works or their designees shall verify this. (Mitigation AQ-2) 8.During grading and construction, the applicant/contractor shall cover all haul vehicles to reduce fugitive dust generated during the transport of materials to and from the site. The Chief Building Official and Director of Public Works or their designees shall verify this. (Mitigation AQ-3) 9.During grading and construction, the applicant/contractor shall wash down vehicle tires and equipment prior to it leaving the site, and remove any visible track-out into public streets within 30 minutes of occurrence during grading and construction. The Chief Building Official and Director of Public Works or their designees shall verify this. (Mitigation AQ-4) 10. During grading and construction, the applicant/contractor shall suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 miles per hour during grading and construction. The Director of Public Works and the Building Official or their designees shall verify this. (Mitigation AQ-5) 11. During grading and construction, the applicant/contractor shall utilize low- emission mobile construction equipment when feasible and shall ensure that construction equipment is properly tuned and in good working condition. The Chief Building Official and Director of Public Works or their designees shall verify this. (Mitigation AQ-6) 12. Prior to the issuance of any permits needed for relocation of the parsonage, the applicant shall provide a cash deposit to the City representing the replacement value of each Washingtonia robusta (Mexican Fan Palm) tree removed from the public right-of-way. A qualified arborist approved by the City shall determine the replacement value. The applicant shall replace each Mexican Fan Palm tree removed with the tallest Mexican Fan Palm tree possible as approved by the City's Arborist/Tree Services Coordinator. These trees shall be identified on the 4 final landscape plan for the ECE building for the Design Review Committee review and approval prior to the issuance of the building permits for the ECE building. Following completion of a one year tree establishment period, the portion of the cash deposit reflecting the actual cost of the replacement trees shall be refunded to the applicant, with the remainder of the deposited money placed in a City of Orange reimbursement account for the planting of trees elsewhere in the City, with first priority given to South Pine Street and the surrounding Old Towne vicinity. (Mitigation BR-1) 13. The parsonage shall not be moved until a relocation site has been secured and the relocation site has received all necessary approvals (site plan review, etc.) from the City of Orange. The applicant shall be allowed to relocate the parsonage without City approval of the replacement structure provided that the building is to be relocated within the Old Towne Historic District. If the parsonage is relocated to a site outside of the Historic District, it shall not be moved until a relocation site has been secured, the relocation site has received all necessary approvals, and the applicant has received Design Review approval of the new Early Childhood Education building. (Mitigation CR-1) 14. Immanuel Lutheran Church shall explicitly state that the parsonage must be moved to a suitable Old Towne location when advertising the availability of the building to the public. A copy of the ad shall be submitted to the Community Development Director for review and approval of text prior to public circulation. Only after Immanuel Lutheran Church has demonstrated to the Community Development Director that all efforts to move the building to a site within Old Towne have been exhausted shall the applicant make the building available to potential buyers with relocation sites outside of Old Towne. Any relocation sites outside of Old Towne shall be located south of Collins Avenue on a residential parcel. (Mitigation CR-2) 15. The parsonage and all porch appurtenances (piers, posts, columns, etc.) shall be moved either directly to an existing compatible lot within the Old Towne Orange Historic District, or a site located in accordance with Mitigation Measure CR-2. (Mitigation CR-3) 16. The relocation site shall be compatible with the parsonage, and ultimately be approved by the Community Development Director. The Community Development Department shall evaluate the site in terms of the age of the surrounding buildings, height, construction materials, mass, setback and architectural detail to ensure compatibility, and approve the site prior to sale of the parsonage by Immanuel Lutheran Church. If a relocation site is identified outside the boundaries of the Old Towne Historic District, the applicant shall retain a qualified preservation architect meeting the 5 Secretary of Interior's Professional Qualifications Standards for histaric architecture to prepare an evaluation of the site and relocation recommendations for review and approval by the Community Development Director. The Secretary of Interior's Professional Qualifications Standards include the following: A professional degree in architecture or a State license to practice architecture,plus one of the following: 1. At least one year of graduate study in architectural preservation, American architectural history, preservation planning, ar closely related field; or 2. At least one year of full-time professional experience on historic preservation projects. (Mitigation CR-4) 17. The parsonage shall be properly oriented on the new site where the principal fa ade and setbacks are similar to adjoining buildings. The site plan (including setbacks and placement of the structure) shall be reviewed and approved by the Community Development Director prior to relocation of the parsonage. Mitigation CR-5) 18. The new foundation treatment for the house should be designed to emulate the original in texture and finish detail. The foundation design shall be reviewed and approved by the Community Development Director prior to construction. Mitigation CR-6) 19. A photo-record including field measurements of the existing wood porch, columns, and masonry work including porch piers, related concrete landings, steps, and porch of the parsonage shall be completed prior to its relocation. This physical record is intended to guide any necessary repairs and/or replacement of architectural appurtenance items damaged upon its removal and relocation. In addition to the documentation of the building itself, a record of the relationship of the parsonage to its current setting depicting its relationship with other buildings on the Immanuel Lutheran Church campus and South Pine Street shall be prepared prior to relocation. (Mitigation CR-7) 20. An experienced and qualified Historic House Mover shall be selected to carry- out all necessary work required to assess, move, set-down, and reassemble and/or reconstruct the building in the same state as existing prior to its relocation. The Historic House Mover shall take all necessary steps to protect the building, its features and appurtenances during the preparation, relocation, and reassembly of the parsonage. Adequate internal and external bracing (from porch hipped roof, dormer and balcony) shall be used to strengthen and provide the necessary 6 support in preparation for moving the parsonage in a safe manner to its new location. (Mitigation CR-8) 21. Iminanuel Lutheran Church shall retain a certified archaeologist to monitor the project site during grading. Written verification of the monitoring arrangements shall be provided to the Community Development Director, or designee, for review and approval prior to the issuance of grading permits. If buried cultural material is encountered during construction, the contractor shall immediately stop work in the area. Work shall be halted until the archeologist can determine the nature and significance of the find. If significant archaeological materials are found, they shall be salvaged and collected in compliance with all applicable regulations, and shall be sent to a designated museum or agency. (Mitigation CR-9) 22. The applicant, in coordination with the contractor, shall ensure that construction activities comply with the following requirements: All construction vehicles or equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers. All operations shall comply with City ordinances with respect to hours of construction activity to minimize noise impacts. During construction, best efforts shall be made to locate stockpiling and/or vehicle staging areas as far as practicable from surrounding residences. (Mitigation N-1) 23. The applicant shall comply with, and implement the provisions of, the Immanuel Lutheran School Pine Street Arrival and Departure Plan" dated September 30, 2003 and Revised May 12, 2004. Any changes to this plan shall be reviewed and approved by the Director of Public Works, or designee in consultation with the Community Development Director, or designee prior to implementation of the changes. (Mitigation T-1) 24. The applicant shall prepare drop-off and pick-up information for distribution to parents of all students prior to the beginning of each school year. A draft of this notice shall be reviewed and approved by the Community Development Director and Public Works Director or their designees, in coordination with the Police Department, prior to parent distribution. (Mitigation T-2) 25. Immanuel Lutheran Church shall limit its student enrollment to 41 daycare/preschool students and 162 kindergarten through eighth grade students 203 total), and number of employees to 13 staff inembers (teachers, administrators, and general maintenance workers). (Mitigation T-3) 7 Water 26. The developer's engineer shall submit a detailed site improvement plan identifying all of the existing and proposed domestic, fire, and landscape water services, sizes, laterals, and meters designating which services are to remain. 27. Each building shall be metered separately unless otherwise approved by the Water Manager. 28. The developer shall satisfy all water main connection, plan check, and inspection charges as determined by the Water Division prior to the issuance of building permits. 29. Both the Water Division and the Fire Department shall approve the location of fire hydrants. 30. The developer's contractor shall provide material submittals to the Water Division Inspector for approval of a minimum of fourteen calendar days prior to construction. 31. A six-foot minimum horizontal clearance and a one foot minimum vertical clearance are required between City water lines and all other utilities except sewer. Installation of sewer mains in the vicinity of water mains shall be done in per the Department of Public Works Standard No. 204. 32. An eight-foot minimum clearance shall be maintained between water mains/fire hydrants and trees or other substantial shrubs,bushes, or plants. Public Works 33. The applicant shall submit a construction traffic management plan to the Director of Public Works, or designee, for review and approval prior to the issuance of grading and/or building permits for construction of the Early Childhood Education Building. 34. The applicant shall provide a copy of the "Immanuel Lutheran School Pine Street Arrival and Departure Plan" to the residents of the 100 block of South Pine Street along with correspondence identifying the name and contact number of the school principal for purposes of reporting violations of the Plan that adversely effect the neighborhood. Desi n Review Committee 35. The applicant shall revise Section 3.d on page 13 of the Specific Plan text to specify that the required rear yard setback be 10 feet prior to issuance of any permits associated with Specific Plan implementation. These changes shall be 8 submitted to the Community Development Director, or designee, for verification. 36. The applicant shall make the following text revisions to the Specific Plan prior to the issuance of any permits associated with Specific Plan implementation text additions shown in underline and deletions shown in strikeout). These changes shall be submitted to the Community Development Director, or designee, for verification: Section 5, page 19 5.Exterior Materials. Finishes and Colors Exterior wall materials appropriate to the style may include plaster, stucco, wood timber, stone or brick masonry, iron and; clay tile, *•-•- ++ ^ra ^^^„r Roof covering materials exposed to view may include clay tile, s copper a;,,. oanm' and asphalt shingle, ra =a '^'. Where roll-roofing or built-up cap sheet roofing are not an integral and defining feature of the style, their exposure to view should be minimized by means of parapets, screens or other vision obscuring architectural devices. 37. The applicant shall make the following text revisions to the Specific Plan prior to the issuance of any permits associated with Specific Plan implementation. These changes shall be submitted to the Community Development Director, or designee, for verification: Section 5, page 26 5.Review of Parsona e Relocation At the commencement of Phase 3 of the Phasing Plan, the Parsonage will be relocated to another physical site. Because the window of opportunity may present itself for only a limited period of time, and may close before a replacement structure can be designed, approved and permitted, ILC shall be allowed to complete such relocation without Desi,n Review Committee review and approval, and Building Division permitting of the replacement structure if the buildi is to be relocated in Old Towne. If the buildin is relocated in Old Towne a plan for reconstructing interim improvements on the Parsona e site shall be submitted for review and approval by the Desi n Review Committee riar to relocation If the Parsona e is relocated outside of Old Towne review and approval of the replacement structure shall be reviewed as otherwise normally required by OMC § 17.10.090. Plannin Commission 38. The applicant shall make every effort to move the parsonage off the site in a direction that avoids removal of the palm trees on Pine Street. The applicant 9 shall demonstrate to the Community Development Director or designee that an alternative relocation route is not feasible, and obtain a Tree Removal Permit from the Community Services Director or designee priar to tree removal. If moving the building off of the site can only be accomplished on Pine Street, the palm trees shall not be removed until all approvals have been obtained for the building relocation site, and the applicant submits documentation (contract with house mover, etc.) to the Community Development Directar that the relocation is imminent. 39. The applicant shall submit a detailed marketing plan for the sale and relocation of the parsonage to the Community Development Director for review and approval priar to advertising the availability of the building. At a minimum, the marketing plan shall clearly set forth the priorities that the house remain within the Old Towne Historic District and return to residential use, and identify a role for Old Towne Preservation Association involvement in the marketing effort. The plan shall also provide for a 12-month timeframe for marketing the building within Old Towne. Only after the expiration of the 12-month timeframe may the building be marketed to sites outside of Old Towne and for non-residential use. Then in accordance with Condition of Approval 14 (Mitigation Measure CR-2), the marketing effort shall specify that relocation sites must be located south of Collins Avenue and also address the requirements of Conditions of Approval 16 and 17 (Mitigation Measures CR-4 and CR-5). 40. The applicant shall submit a preliminary site plan and preliminary building elevations for the Early Childhood Education building to the Community Development Director for review and approval prior to tlie issuance of any permits for parsonage relocation within Old Towne. The final site plan, building elevations, and landscape plan shall be reviewed and approved by the Design Review Committee prior to the issuance of building permits for the new Early Childhood Education building. 41. If the parsonage is moved off the site within the City of Orange, but outside the Old Towne Historic District, the parsonage shall still be subject to the City's demolition review, pursuant to OMC Section 17.10.090, for any relocation or demolition and/or changes to the exteriar structure. All changes to the exteriar of the structure are subject to design review, pursuant to OMC Section 17.10.070, to ensure that such changes do not detract from the historic integrity of the building. These provisions shall be recorded in a covenant on the receiving property prior to the issuance of the permit for relocation from the 137 South Pine Street location. 10 Code Provisions The following Code provisions are applicable to this project and are included for information only. This is not a complete list and other Code provisions may apply to the project: 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, School District, and Eastern Foothill Transportation Corridor, as required. Expiration-If not utilized, this project approval expires two years from the approval date. An extension of time may be permitted upon a written request, if received before the expiration deadline. ADOPTED this 14`h day of September, 2004. Mark A. Murphy, Mayor, Cit f Orange ATTEST: C Mary E. Mu y, ity Clerk, City ange I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 14th day of September, 2004, by the following vote: AYES: COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche NOES: COiJNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COLTNCILMEMBERS: None j r Mary E.h , City Cler , i Orange 11