RES-9719 Denying Appeal 489-02 & Approving Revised Mitigated Negative DeclarationRESOLUTION NO. 9719
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE DENYING APPEAL NO. 489-02 AND
APPROVING REVISED MITIGATED NEGATIVE
DECLARATION NO, 1692-02 AND CONDITIONAL
USE PERMIT NO, 2410-02 TO ALLOW THE
EXPANSION OF THE ST. PAUL'S LUTHERAN
SCHOOL CAMPUS LOCATED AT 901 EAST HElM
AVENUE, THE PROPERTY IS
ZONED SINGLE-FAMILY RESIDENTIAL (Rl-
7) AND DESIGNATED PUBLIC FACILITIES-
SCHOOL (PF-S) ON
THE GENERAL PLAN LAND USE
MAP.APPELLANTS: REGIS AND LESLIE
FAUQUET AND CUTBERTO AND SUSAN CARBAHAL WHEREAS, Conditional Use Permit No. 2410-02
was filed by St. Paul's Lutheran School in accordance with the provisions of
the City of Orange Municipal Code; and WHEREAS, Conditional Use Permit No. 2410-
02 was processed in the time and manner
pres.cribed by state and local law; and WHEREAS, Revised
Mitigated Negative Declaration No. 1692-02 was prepared for Conditional Use Permit No.
2410-02 in accordance with the provisions of the California Environmental Quality
Act per State CEQA Guidelines Section 15070 et seq.; and WHEREAS, on April 24, 2002,
May 8, 2002, and October 23, 2002 the Staff Review Committee reviewed the St. Paul'
s Lutheran School expansion plan proposal and on October 23,
2002 recommended that the project proceed subject to conditions; and WHEREAS, on May
22, 2002 the Design Review Committee reviewed the design ofthe building and landscaping
associated with the Conditional Use Permit
and
recommended that the project proceed subject to conditions; and WHEREAS,
the Planning Commission conducted two duly advertised public hearings on June 17,2002 and November 18, 2002
at which time interested persons had an opportunity to testify either in support of
or opposition to Mitigated Negative Declaration No. 1692-02, Revised Mitigated Negative
Declaration No. 1692-02
PARCEL 1:
THE EAST 186.95 FEET OF LOT 2 OF THE FRSOTLESS BELT TRACT, AS
SHOWN ON A MAP RECORDED IN BOOD 8, PAGE 83 OF MISCELLANEOUS ~
MPcPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL 2:
THE EAST 186.95 FEET OF LOT 3 OF THE FROSTLESS BELT TRACT, AS
SHOWN ON A MAP RECORDED ON BOOD 8, PAGE 83 OF MISCELLANEOUS
MPcPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE SOUTH 30 FEET FOR ANAHEIM AVENUE.
PARCEL 3:
LOT 4, FROSTLESS BELT TRACT, AS SHOWN ON A MAP RECORDED IN BOOD
8, JPAGE 83 OF MISCELLANEOUS MAPS, RECORDS OR ORANGE COUNTY,
CALFIRONIA.
EXCEPTING THEREFORM THE FOLLOWING:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 4; THENCE EASTERLY
ALONG THE SOUTHERLY LINE OF SAID LOT 4, 60 FEET; THENCE
NORTHERLY PARALLEL WITH THE WESTERLY LINEOF SAID LOT 4, 100
FEET; THENCE WESTERLY PARALLEL \\>1TH THE SOUTHERLY LINE OF SAID
LOT 4, 60 FEET; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID
LOT 4 TO THE POINT OF BEGINNING.
PARCEL 4:
BEGlNNlNG AT THE SOUTHWEST CORNER OF LOT 4 OF THE FROSTLESS
BELT TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 8, PAGE 83 OF
MISCELLANEIOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA;
RUNNING THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 4,
60 FEET; THENCE NORTHERLY PARALLEL WITH THE WESTERLY LINE OF
SAID LOT 4, 100 FEET; THENCE WESTERLY PARALLEL WITH THE
SOUTEHRL Y LINE OF SAID LOT 4, 60 FEET; THENCE SOUTHERLY ALONG
THE WESTERLY LINE OF SAID LOT 4 TO THE POINT OF BEGINNING.
and;
2
WHEREAS, the Planning Commission adopted and approved Revised Mitigated
Negative Declaration No. 1692-02 and Conditional Use Permit No. 2410-02 at it's
meeting on November 18,
2002; and WHEREAS, Appeal No. 489-02, appealing the approval of the
Planning Commission was timely filed and processed in the manner prescribed by the Orange Municipal
Code; and WHEREAS, the City Council conducted two duly advertised public
hearings on January 28, 2003 and February 25, 2003, for the purpose of considering
Revised Mitigated Negative Declaration No. 1692-02 and Conditional Use
Permit No. 2410-02.NOW, THEREFORE, BE IT RESOL VED by the City Council of
the City of Orange that Appeal No. 489-02 is hereby denied and
Revised Mitigated Negative Declaration No.1692-02 and Conditional Use Permit No. 2410-02 to allow
the expansion of the St. Paul's Lutheran School campus, including the construction
of a 2,100 square foot kindergarten building addition, new 11,913 square foot
new classroom building, 13,685 square foot gymnasium/multi-purpose facility,
and outdoor recreation and athletic facility modifications
is hereby approved based
on the following
findings:SECTION 1 - FINDINGS Mitieated Neeative Declaration I. That there is no evidence before the
City of Orange that the proposed school expansion 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 2. That the City of Orange has made
required findings pursuant to CEQA
as set forth in Section 2 below.3.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 Revised Mitigated Negative Declaration
No. 1692-02 and Conditional Use Permit No.2410-
02, staffs oral presentation, public testimony, and Commissioner and Council comments
which
constituted
the
Conditional Use Permit
4.Conditional Use Permit No. 2410-02 is granted upon sound principles of
land use and in response to services required by the community in that the
proposed project is consistent with the General Plan land use designation of
Public Facilities-School, which is intended to accommodate schools. It
is also consistent with the development standards of the Single-
Family Residential (RI-7) zone in which the project is located being in compliance with
the setback and height limitations of the zone, as well as being a permitted use
within the zone.The expanded school facilities will provide
expanded educational opportunities for Orange families
and school children.5. With adoption of conditions related to traffic management and
parking, the trash enclosure location, nighttime activities, and outside use of
the gymnasium/multi-purpose facility as specified in Finding NO.7 below,
project implementation will not cause deterioration of bordering land uses or create special
problems for the neighborhood surrounding the St. Paul's
Lutheran School campus.6. Conditional Use Permit No. 2410-02 has been considered
in relationship to its effect on the community and the City of Orange General Plan
in that the project is consistent with the General Plan land use designation of
the site as Public Facilities-School, which is intended
to accommodate schools. Potential effects on the community associated with parking,
traffic, and noise have been addressed in the conditions of approval
and mitigation measures contained in Revised Mitigated Negative Declaration
No. 1692-02. The conditions and mitigation measures are intended
to
minimize or eliminate potential adverse effects.7. Conditional Use Permit No. 2410-02
is granted subject to conditions of approval requiring the use of the hard
surface play areas for overflow parking associated with special events, the elimination of the gate
at the north side of the campus that presently provides pedestrian
access from Dunfield Street, submittal of a written traffic management plan
to document the monitoring and operation of the parking lot and pick-up/drop-off
areas at the beginning and end of the school day, application for
special event permits through the City, the development of parking and traffic
information for distribution to parents, relocation of the trash enclosure, limitations on the
use of the gymnasium by outside schools, and the conducting of
late- or ovemight school activities indoors. The conditions are intended
to improve existing problem conditions and avoid
future problems associated with the
growth of the school.SECTION 2 - ENVIRONMENTAL REVIEW Revised Mitigated Negative
Declaration No. 1692-02 was prepared in conjunction with Conditionall Use
Permit
Declaration, the City Council finds that any potential significant adverse impacts can be
mitigated to a level of insignificance.
SECTION 3- CONDITIONS OF APPROVAL
BE
IT FURTHER RESOLVED that the following conditions are imposed with approval:
General
I.
All construction shall conform in substance and be maintained in general conformance
with plans labeled Exhibit A (dated November 18, 2002 for identification
purposes) as approved by the City Council. Further, exterior building
modifications shall conform with the color and materials board submitted
to and approved by the Design Review Committee on May 22, 2002.Any
changes to the exterior of the building initially, or at any time in the future,shall
be subject to review and approval by the Community Development Director.
2.
The applicant agrees to indenmifY, 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.
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 21152 14 Cal.Code
Regulations 15075. If it is determined that there will be no impact upon wildlife
resources, the fee shall be $43.00.5.
The
applicant shall utilize the hard surface play areas for overflow parking for Annual Campus
Events such as sports toumaments, special performances,graduation, etc.
Parents shall be provided with parking information at least two weeks prior
to the event. A copy of that information shall also be provided to the Community
Development Director two weeks prior to the event.6. The
St. Paul's Lutheran School principal shall notifY residents within 300 feet of the St.
Paul's campus of Annual Campus Events at least one month prior to the 5
event. A copy of this notification shall be provided to the Community
Development Director at the time it is distributed to the residents.
7. The leasing or other use of the gymnasium/multi-purpose facility by
schools other than St. Paul's Lutheran School or for activities not involving St. Paul'
s Lutheran School students is
prohibited.8. The applicant shall conduct any special activities involving late-or
ovemight use of the campus indoors between the hours of I 0:00 p.m. and 7:00
a.m.9. The applicant shall install two City-approved streetlights along
the school's street frontage in the public right-of-way of a
style and location determined in consultation with the Public Works Department prior
to the issuance of
building
permits for Phase 1.Environmental 10. The applicant/contractor shall water the site
as necessary during demolition and construction to prevent a visible dust cloud from
exceeding 100 feet from the
disturbance area. (Mitigation Measure AQ-l)11. The contractor shall
utilize low-emission mobile construction equipment
when feasible during construction. (Mitigation Measure AQ-2)12. The applicant shall submit
a cultural resources records search prepared by a qualified cultural resources
consultant for the proposed project site. The records search shall be
reviewed by the Community Development Director, or designee,prior to
the issuance of grading permits. (Mitigation Measure CR-l)13.The applicant 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 curried cultural material is encountered
during construction, the contractor shall immediately stop work in the area. Work shall
be halted until the applicant can retain a qualified archeologist, and the
nature and significance of the find is determined. 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 Measure CR-2)14. High occupancy
facilities, critical structures, and utilities shall be designed to sustain
minimum damage and to continue to function during emergency situations. This
shall be demonstrated to the satisfaction of the Building Division prior
to theissuance of building permits (
General
15.The applicant shall prepare a grading plan that demonstrates that site run-off
will be diverted from adjacent properties and appropriately directed to the
street and/or storm drain system in accordance with City standards. This shall
be verified by the Public Works Department prior to the issuance of
grading permits. (Mitigation Measure
H-
l)16. The contractor shall employ Best Management Practices (BMPs)
in conformance with Regional Water Quality Control Board standards for
the containment of debris, chemicals, and solvents for the duration of
any demolition or construction activities. The contractor shall provide the City
with written documentation of proposed BMPs to control stormwater pollution
for review and approval by the Public Works Department prior to the issuance
of building permits. (Mitigation Measure
H-2)17. New exterior speakers installed in conjunction with the expansion
of the school's public address system shall be directed toward the center
of campus,away from adjacent residential properties. The volume of the
speakers shall comply with City noise standards. Noise measurements shall be
documented in writing for review and acceptance by the Community Development
Director or designee prior to the building permit final for the new
classroom building.Mitigation
Measure N-l)18. The applicant shall not utilize electronically amplified
sound for performances or presentations occurring in the amphitheater at the east
end of the gymnasium/multi-purpose facility for the life
of the
project. (Mitigation Measure N-2)19. The applicant in coordination with the
contractor shall ensure that demolition and construction activities
comply with the following requirements:a. All construction vehicles or equipment,
fixed or mobile, shall be equipped with
properly operating and maintained mufflers.b. All operations shall comply with City ordinances
with respect to hours of construction
activity
to minimize noise impacts.c.During construction, best efforts shall be
made to locate stockpiling and/or vehicle staging areas as far
as
practicable from surrounding
residences.
20.
The applicant shall prepare a congestion management plan for City review and approval
prior to the issuance of building permits. This plan shall include the following
components:Specific
provisions for construction-related traffic and phasing;
Specific provisions for drop-off and pick-
up activities;School staff to facilitate movement into and out of the
drop-ofl7pick-up zone,and
control internal vehicle circulation;School staff monitoring of drop-ofl7pick-up activity
at the St. James gate into the campus to ensure that the gate is
used for pedestrian access, and parent vehicles are directed to the Heim Avenue
entrance to the
school for student drop-off and pick-up;The specific timeframes the St. James gate will
be open at the start and end of the school day, with the gate
closed and locked the remainder of the day;Faculty/staff shall be encouraged to arrive before 8:
00 a.
m. and leave after 3:15 p.m.;Specific provisions for special
event parking including, but not limited to, the use
of on-campus recreation areas for overflow parking; and,Enforcement
mechanisms to ensure parent cooperation and participation
in the school's parking and traffic management efforts;Provisions and/
or incentives to encourage faculty, staff, and student carpooling.The Public Works
Director or his designee, in coordination with the
Police Department and Community Development Department, shall
confirm the adequacy of the plan. (Mitigation Measure T-t)21. 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 Measure T -2)Desien Review 22. Prior to the
issuance of building permits for Phases I and II the applicant shall:
a.Submit final site and landscape plans to the Design Review Committee for
review and approval. These final plans shall be revised to retain the maximum
number of existing trees in front of the school as possible. All
street trees shall be Jacarandas unless deemed unacceptable by the City's
Street Tree Supervisor, in which case the street trees shall be consistent
for the entire frontage of the school. The final
landscape
and
b. Submit a final design of the gymnasium/multi-purpose
building indicating that the rooftop equipment will be screened from
view.23.Any new school identification signage shall be reviewed and approved by
the Design Review Committee prior to the issuance of signpermits.
Water
24. 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.
25. The applicant shall work with both the Water Division and the Fire Department
to determine the appropriate location of fire services and public fire hydrants.
The Water Division and Fire Department shall approve these locations prior to
the issuance of building permits.
26. The developer shall provide material submittals for all proposed Public Water
Facilities to the Water Division for approval prior to approval of the water plan.
27. The applicant shall work with the residents on North Dunbar Street to replace
existing walls and fences with a uniform wall and appropriate landscaping to
buffer the gymnasium and parking lot from the neighborhood, if agreeable to the
residents.
City Council Conditions
28. The student capacity of St. Paul's Lutheran School shall be limited to 594
students.
29. Grade levels at St. Paul's Lutheran School shall be limited to kindergarten
through eighth grade, with no more than three (3) classrooms per grade.
30.The applicant shall work with neighbors toward completing a continuous block
wall along the west property line of the school campus. Existing fences shall be
replaced at the applicant's expense with a maximum six (6) foot high wall
unless written documentation is provided to the Community Development
Director indicating that the property owner adjacent to the school has declined
the wall. All wall segments shall be completed prior to the issuance of the
Certificate of Occupancy for the kindergarten expansion (Phase 1).
31.
The following changes to the Traffic Management Program shall be considered:add
a sidewalk along the west property line wall, move the faculty parking in the center
aisle, increase the drop off zone from the southern most part of the handicap
parking area to the top of the tuming radius, and raise the sidewalk in 9
the center of the parking area. Staff, consisting of the Public Works Director or
his designee, in coordination with the Community Development Department,
shall have final authority to determine if the changes shall be incorporated into
the final Traffic Management Program.
32. Trees or other suitable landscape screening shall be added adjacent to the
basketball court area at the east property line.
33. The Traffic Management Program, including the Good Neighbor Policy, shall
come back to the City Council for review 12 months after the date of the
Building Permit issuance, with an infornlational report to Council after
consideration by staff. The Council can decide whether or not they wish to
review the report each year.
34. The list of after school events and any changes are to come back as part of the
yearly review.
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:
An approved fire sprinkler system must be installed throughout the building per
O.M.C. 15.32.070 Section 1001.10. The system shall be designed per N.F.P.A.
13, U.B.C. Chapter 9, U.B.C. Standards 9-1 and 9-2. The
sprinkler system requires
24-hour supervision.When fire sprinkler systems are required in buildings of
undetermined use, they shall be designed and installed to have a sprinkler density of not
less than that required for an Ordinary Hazard Group 2 use with a minimum
design area of 3,
000 square feet.The Fire Department cOIDlection shall not be affixed to the
building. The Fire Department connection must be located at least 40 feet away
from the building,within 40 feet of a fire hydrant and on the address side of
the building, unless otherwise determined by the Fire Department. The hydrant shall
be located on the same side ofthe street as the
Fire Department connection.Provide on-site fire hydrant(s) and mains capable of
supplying the required fire flow. The hydrant model and on-site location shall
be approved by the Fire Department and have a three (3)
foot minimum clearance around the circumference of the fire hydrant. The on-
site hydrants shall not be controlled by the control valve ( P.1.V.) for the sprinkler system
so that water flow to the hydrants is not impaired should the sprinkler
system be shut down for any reason. (U.F.C. Sections 903 and 1001.
7) The Fire Department connection shall not pressurize a hydrant. Plans must
be
The number and location of hydrants shall be determined by Fire and Water
Departments.
Prior to issuance of a fire service (detector check) the required water supplies for hydrants
and fire sprinkler systems shall be determined and the water supplies shall
be approved by the Fire Department.Every
building shall be accessible to Fire Department apparatus by an access roadway
of not less than 20 feet of unobstructed width having a minimum of 13 feet
6 inches of vertical clearance. The access roadway shall be extended to within
150 feet of all portions of the exterior walls of the first story of any building.
U.F.C. Sections 901 and 902.The
installation of gates, traffic calming methods and speed humps or bumps shall
be reviewed by the Fire Department prior to installation.All
streets less than 36 feet wide shall be marked and signed as a fire lane. The marking
and signs shall be provided and installed per the City of Orange Fire Departments
Fire Lane Standards.The
applicant shall provide a secondary emergency access that is built and maintained
in accordance with D.F.C. Sections 901 and 902.The
applicant shall provide dead-end fire apparatus access roads in excess of
150 feet in length with approved provisions for the turning around of fire
apparatus. Dead-end Fire Department access roads shall not exceed 600
feet.The Fire Department access roadway shall be an all weather driving
surface capable of supporting the imposed loads of fire apparatus, 20, 000 pounds
per axle. The access shall be designed for a three-axle vehicle. (
Engine Weight 36,050 and Truck weight 54,000 pounds) D.F.C. Section 902.2.
2.2.The Fire Department access roadway shall be provided with
adequate turning radius for Fire Department apparatus. (A 45 foot outside and 25
foot inside radius.) U.F.C. Section 902.2.
2.
3.Provide a fire alarm system as required per D.F.C. Article 10. An
Approved monitoring system is required if the sprinkler system has more than
100 sprinkler
heads.Fire facility fees will be
required.
ADOPTED the 8th day of April, 2003.
ATTEST:
d-Cassandra
J. Cat , CIty Clerk, CIty of Orange I
hereby certifY that the foregoing Resolution was duly and regularly adopted by the City Council
of the City of Orange at a regular meeting thereof held on the 8th day of April, 2003,by
the following vote:AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
Alvarez, Murphy, Coontz,COUNCILMEMBERS:
Ambriz, Cavecche COUNCILMEMBERS:
None COUNCILMEMBERS:
None 7__
Cassandra J.
Cath , CIty Clerk, CIty of Orange 12