RES-9785 Conditional Use Permit Approval St. Joseph Hospital CampusRESOLUTION NO. 9785
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE APPROVING CONDITIONAL USE PERMIT
2459-03, MAJOR SITE PLAN REVIEW 293-
03, AND MITIGATED NEGATIVE DECLARATION
NO. 1719-03 FOR APPROVAL OF A MASTER PLAN
FOR THE PHASED REDEVELOPMENT OF THE
ST. JOSEPH HOSPITAL CAMPUS ON PROPERTY
GENERALLY BORDERED BY PALMYRA AVENUE ON THE NORTH,
LA VETA AVENUE ON THE SOUTH, BATAVIA STREET ON
THE EAST AND MAIN STREET
ON THE WEST.APPLICANT: ST. JOSEPH
HOSPITAL OF ORANGE WHEREAS, Conditional Use Permit 2459-03 and Major
Site Plan Review 293-03 were filed by St. Joseph Hospital of Orange in accordance with the
provisions of the City of
Or<mge Municipal Code; and WHEREAS, Conditional Use Permit 2459-03
and Major Site Plan Review 293-03 were processed in the time and manner
prescribed by state and local law; and WHEREAS, the City Council
has considered the information contained in Mitigated Negative Declaration No. 1719-03, and
finds that, with adoption of mitigation measures, the project will
not significantly impact the environment or wildlife; and WHEREAS, on July 30, 2003
the Staff Review Committee reviewed the proposed site plan and conditional use permit
and recommended
that the project proceed subject to conditions; and WHEREAS, on August 6, 2003
and September 3, 2003 the Design Review Committee reviewed the master plan,
conceptual site plan, building and landscaping plans and recommended
that the project proceed subject to conditions; and WHEREAS, The
Planning Commission conducted one duly advertised public hearing on August 25, 2003 and recommended
the City
Council approve the project subject to conditions; and WHEREAS, the City Council
conducted one duly advertised public hearing on October 14, 2003 at which time interested persons had an
opportunity to testify either in support of or opposition to the proposal and for
the purpose of considering Conditional Use Permit 2459-03 and Major Site Plan Review
293-03 upon property generally bordered by Palmyra Avenue on the north, La Veta Avenue on the south, Batavia
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange that Conditional Use Permit 2459-03 and Major Site Plan Review 293-
03, and Mitigated Negative Declaration 1719-03 for approval of a Master Plan
for the phased redevelopment of the St. Joseph Hospital campus in Orange is hereby approved
based on
the following findings:SECTION
1 - FINDINGS Conditional Use
Permit 2459-03 1. The proposed hospital use provides a public service by continuing
to provide a wide variety of
health care services.2. The project will result in improved health care service
to the public.3. The proposed site, building, and landscaping plans were reviewed by
the City's Design Review Committee and were found to be compatible
with existing office development located in the vicinity
ofthe subject site.4. The project is subject to conditions that will preserve the
public welfare and insure that the project will not have an adverse impact on
adjacent land uses.Maior Site
Plan Review 293-03 5. The project conforms
to City development stimdards 6. The Staff Review Committee has reviewed the proposed
project and found that City services are available and adequate to serve the needs
of the proposed use.7. The proposed on-site vehicular and
pedestrian circulation provides for
safe access and emergency services.Mitil!
ated Nel!ative Declaration 1719-03 8. The project has been designed and
conditioned to fully mitigate or substantially minimize adverse
environmental effects identified in Mitigated Negative Declaration No. 1719-
03, which includes mitigation measures that reduce potential impacts in regards to
air quality (dust during construction), noise, and hazardous
materials to less-than-significant levels. Approval of Mitigated
Negative Declaration 1719-03 and associat(:d
Mitigation Monitoring Program will ensure that potential impacts are addressed.9. The project
is subject to mitigation measures that will preserve the public welfare and insure that
the project
will
10. The City of Orange has made required findings pursuant to CEQA as set forth in
Section 2 below.
SECTION 2 - ENVIRONMENTAL REVIEW Initial
StudyIMitigated Negative Declaration No. l719-03 was prepared in conjunction with
Conditional Use Permit 2459-03 and Major Site Plan Review 293-03. After
examining the Initial StudyIMitigated Negative Declaration, the Planning Commission recommends
to the City Council that any potential significant adverse impacts can be mitigated to a level
of less than significant. Additionally, Mitigated Negative Declaration 1719-03 found that
there is no evidence before the City of Orange that the proposed Hospital Master Plan nor
the Phase I development of a 234,000 sq. ft. hospital building and nor the Phase I development of
a 13,000 sq. ft. Facilities Services Building 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. Based on the findings above, the Planning Commission recommends
that the City Council approve Mitigated Negative Declaration No. 1719-03
as complete and adequate environmental documentation
for the proposed project.SECTION 3 -
CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions
are
imposed
with approval:General I. All site development and construction shall conform in
substance and be maintained in general conformance with plans labeled Exhibits
A through K dated August 25, 2003 for identification purposes) and
as recommended for approval by the Planning Commission and ultimately approved
by
the City Council.2. 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:.3. These conditions will be reprinted on the cover sheet or
first page of construction plans,
including grading plans.4. The DRC shall review and approve all future site,
building, and landscaping plans prior to submittal ofbuilding plans
to the State.5. Prior to issuance of building permits the St. Joseph Hospital
shall submit final landscaping plans for review and approval by the City'
s
The landscaping plans shall include a note that any landscaping materials that
die or are damaged shall be replaced at size and species so noted on the
approved landscaping plans.
6. Future developments of the project shall be subject to major site plan review
procedures to ensure that buildings are d(:veloped in accordance with the
approved Master Plan and City regulations.
7. Within two (2) days of final approval of this project, the applicant shall deliver
to the Planning Division a cashiers check payable to the Orange 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 deterrnined that there will be no impact
upon wildlife resources, the fee shall be $43.00.
Environmental
8. Prior to issuance of grading permits for each phase of construction, St. Joseph
Hospital shall provide evidence to the City of Orange, Department of Public
Works, that during grading and construction St. Joseph Hospital shall be
responsible for compliance with the following (Mitigation Measure No.2):
A. During clearing, grading, earth moving, or excavation, all construction
equipment engines shall be properly tuned.
B. After clearing, grading, earth moving, or excavation, wet the area down
sufficiently enough to form a crust on the surface with repeated
soakings, as necessary, to maintain the crust and reduce the likelihood of
dust pick-up by the
wind.C. During construction, water trucks or sprinkler systems shall be used
to keep all areas where vehicles move, damp enough to prevent dust
being raised when leaving the site. The site shall be watered in the
late morning and after work is completed for the
day.D. Low sulfur fuel (0.05 percent by weight) shall be used by
the construction
equipment.E. The grading and construction activities shall be scheduled to avoid
high ozone days and shall be suspended on days that a first or second
stage smog alert is declared (as determined by the
SCAQMD).F. Suspend all grading operations when wind speeds (as
instantaneous gusts) exceed 25 miles per
hour.
G. Reduce traffic speed on all urlpaved surfaces to 15 miles an hour or less.
H. Require all trucks hauling dirt, sand, soil, or other loose substances and
building materials to be covered, or to maintain a minimum freeboard of
two-feet between the top of the load and the top of the truck
sidewalls.1. Require enclosures or chemical stabilization of open storage piles of
and,dirt, or other aggregate
matenals.J. Use vegetative stabilization, whenever possible, to control soils
erosion from stormy water. Reestablish ground cover on construction
site through seeding and watering on portions of the site that will not
be disturbed for lengthy periods (two or more
months).K. Spread soil binders on the site, unpaved roadways, and parking
areas.L. Utilize existing power sources (e.g. power poles) or clean fuel
generators rather than temporary power
generators.M. Minimize obstruction of through-
traffic lanes.N. Schedule operations affecting traffic for off-peak
hours, where feasible.9. During grading and construction, St. Joseph Hospital shall
install wheel washers where trucks carrying fill materials enter or exit the project site
and shall enforce the use of the wheel washers before trucks and grading
equipment leave the project site. This includes cleaning equiprnent both in the
morning and evening.Mitigation
Measure No.2)10. During grading and construction, St. Joseph Hospital shall
implernent a program to sweep streets at the end of the day if visible soil material is
carried on to adjacent public paved roads. (Mitiga:ion
Measure No.3)11. Prior to issuance of building permits for the Facilities
Services Building, the project applicant shall submit documentation to the City
showing the emissions control measures that will be incorporated into the central
plant equipment to limit the daily maximum Nox emissions to 21.3 pounds or
less. Verification of compliance with this measure shall be the responsibility of the
City of Orange Community Development Department. (Mitigation
Measure No.4)12. Prior to issuance of grading permits, the project applicant shall submit
a Phase I Environmental Site Assessment to the City of Orange
Department of Public Works for review and approval. (Mitigation
Measure
13. After completion of the Facilities Services Building, when all of the noise
generating equipment is installed and operating, the project applicant shall have
a City approved acoustical engineer perform acoustical testing. The testing will
measure the noise levels from the facility at the nearby residences with the
equipment in the expected noisiest operating '~onditions to document compliance
with the Noise Ordinance. Compliance with the daytime and nighttime
standards shall be tested. If the Noise Ordinance limits are exceeded, the project
applicant shall implement measures to reduce the noise levels to below the
standards and the measurements repeated. This process will be repeated until
testing shows compliance with the Noise Ordinance. (Mitigation Measure No.6)
14. Prior to issuance of the building permit for the Facilities Service Building, the
project applicant shall provide evidence to the City of Orange Building
Department that the equipment for the new central plant will not result in
ground-borne vibration which is humanly perceptible at neighboring
property lines. (Mitigation Measure No.
7)15. After completion of the Facilities Services Building, when all of the
generating equipment is installed and operating, the project applicant shall have a
City approved acoustical engineer perform vibration testing to verify that vibration
is not humanly perceptible at neighboring property lines. The evidence of
this testing shall be provided to the City of Onmge Building Department for
their review and approval. (Mitigation Measure No.
8)Public
Works 16. Prior to issuance of building permits the project proponent shall submit
a grading plan to the Public Works Dept. Engineering Division for review
and
approval.17. The applicant/developer shall consolidate aU existing parcels into legal
parcels for each building prior to the issuance of a building
permit.18. The applicant/developer shall show proof of title of all development
parcels,clear of all conflicting easements and encumbrances prior to issuance of
building
permits.19. Subject to providing trash enclosures and trash compactors on-site
per City standards 408
and 409.20. The applicant/developer shall dedicate to the City the right to enter
the private driveways for maintenance of public utilities, emergency
access, trash
enclosures,
21. The applicant/developer shall relocate existing City owned sanitary sewers and
dedicated new easements per City st,mdards.
22. Prior to issuance of building or grading permits the project proponent shall
install necessary water services, fire services, and fire hydrants as determined by
the Public Works and Fire Departments.
23. Prior to issuance of building and grading permits the project proponent shall
submit a water quality management plan (WQMP) specifically identifying non-
structural and structural Best Management Practices (BMPs) that will be used on
site to control predictable pollutant run-off. 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 storm water pollution for review and approval by the Public Works
Department.24. The applicant/developer shall furnish and install individual pressure
regulators on services where the incoming pressure exceeds 80
psi.25. Each building shall be metered separately unless otherwise approved by
the Water
Division.26. That the applicant/developer shall be responsible for the relocation of
the existing water facilities as impacted by the proposal to a location and of a
design as approved by the Water Division prior to the issuance of building
permits.27. That the applicant/developer shall b(': responsible for the removal and disposal
of the existing water facilities as impacted by the proposal prior to the issuance
of building
permits.28. That the applicant/developer shall install a City dedicated water system
as designed by the Water Division prior to the issuance of building
permits.29. That a 20' separation be maintained from the water mains to the
proposed buildings and structures unless otherwise approved by the Water
Division.30. That each building be protected with a separate fire service unless
otherwise approved by the Fire Department and Water
Division.31. That the applicant/developer shall satisfy all water main connection, plan
check,and inspection charges as determined by the Water Division prior to approval
of the water
plan.
32. That the applicant/developer shall satisfy all water bond requirements for the
installation of the water system as determined by the Water Division prior to
approval of the water plan.
33. That the applicant/developer shall furnish a dedicated and graded minimum
fifteen-foot unencumbered access and utility easement for facilities proposed
to remain and for future facilities to be contiguous to the existing City Right
of Ways and easements as determined by the Water Division for all public
water facilities including mains, meters, detector checks, and fire hydrants prior
to approval of the water plan unless otherwise
negotiated.34. That the applicant/developer shall enter into a Decorative
Improvement Agreement with the City of Orange prior to the final completion and
acceptance of the water
improvements.35. That the applicant/developer shall provide material submittals for all
proposed public water facilities to the Water Division for approval a minimum
14 calendar days prior to
construction.36. That the applicant/developer shall furnish and install manually operated
locks and keys to the Water Division for the gated entrances unless
otherwise approved by the Water
Division.37. That an 8' minimum clearance is required from water main/fire hydrants
and trees or other substantial shrubs, bushes, or
plants.38. That the installation of sewer mains in the vicinity of water mains shall be
done per the Department of Public Works Standard No.
204.39. That a 6' minimum horizontal clearance and aI' minimum vertical clearance
be maintained between City water lines and all other utilities except
sewer.40. That perman.ent signs, awnings, or othe:r structures are prohibited
from installation over water
mains.41. The project shall be responsible for the addition of protected left turn
signal phasing for Main Street at the intersection of Main Street and Stewart Drive.
As part of this improvement the traffic signal '~ontroller shall be replaced with
an upgraded model with increased traffic management capabilities, as specified
by the City Traffic Engineer. The left turn signal shall be installed by
the applicant/developer prior to the issuance of grading permits for Phase 2 of
the project, as Phase 2 is described in the applicable Development Agreement.
In no event shall the applicant/developer be responsible for any costs
exceeding 30,000.00 for the left turn signal, controller, and related
appurtenances,provided that the applicant/developer's not-to-exceed amount
shall
by the Engineering News Record Annual Construction Cost Index calculated
from January 1, 2004 fOIward, with the first increase effective January I, 2005.
The applicant/developer will be responsible for reimbursing the City either the
not-to-exceed amount or the actual cost; whichever is less, prior
to pulling grading permits for
Phase 2.42. Prior to issuance of building permits, the applicant shall fund a
coordination and traffic surveillance system on La Veta A venue between Main Street
and Parker Street ("System"). City shall use its good faith, best efforts to enter
into an agreement with the Applicant for reimbursement on a pro rata, fair
share basis,from other property owners in the area who may benefit from the
System (as detennined by the City) as such owners develop, renovate, improve,
entitle, or otherwise impact their propertie5:. The City shall be
responsible for implementing, installing, managing, and facilitating all aspects of
the System.Issuances of building perrnitsto app:.icant shall be conditioned on
funding ofthe System by Applicant but issuances of building permits shall not
be conditioned on implementation or installation of the System. The system shall
consist of upgraded traffic signal controllers for all signalized intersections
on the referenced segment of La Veta Avenue, CCTV traffic surveillance
cameras at the intersection of Main Street and La Veta Avenue, and the
necessary fiber optic and/or wireless communications links to provide connecti"ity to the
City's Traffic Management Center. Precise capabilities of the System shall
be as specified by the City
Traffic Engineer.43. The applicant shall enter into an agreement to provide 50% of
the energy,operations, and maintenance cost for the Pepper Street/La Veta
Avenue
traffic signal.44. Prior to issuance of the building permits for the Phase I hospital
building the applicant shall submit a circulation plan for pedestrian and vehicular
traffic for review and approval by the Community Development Director
and City Engineer. The circulation plan shall address ingress and egress from
the parking areas, way-finding signing, pedestri:m safety, circulation on
all roads accessing La Veta Avenue and Main Street, and providing pavement
treatment designed to slow traffic in the vicinity
of pedestnan crossways.
Fir'e Department 45. 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, UB.c. Chapter 9, u.B.c. Standards 9-1 and
9-2. The sprinkler
system requires 24- hour supervision.46. The Fire Department connection shall not be affixed
to the buildings. 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
otherwise determined by the Fire Department. The hydrant shall be located on
the same side ofthe street as the Fire Department connection.
47. The project proponent shall 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.I.V.) for the
sprinkler system so that water flow to the hydrants is not impaired should the
sprinkler system be shut down lor any reason. (lJ.F.C. Sections 903 and 1001.
7) The Fire Department connection shall not pressurize a hydrant. Plans
must be submitted to
the Building Division.48. The number and location of hydrants shall be determined by
Fire
and Water Departments.49. 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.50. 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. lJ.F.C. Sections
901 and 902.51. 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 Fire
Lane Standards of the City of
Orange Fire Department.52. All exit ways shall be provided with all weather surfaces that
continue to
a public right-of-way.53. The installation of gates, traffic calming methods
and speed humps or bumps shall be reviewed by the
Fire Department prior to installation.54. Dead-end fire apparatus access roads in excess of
150 feet in length shall be provided with approved provisions for
the turning around of fire apparatus.Dead-end Fire Department
access roads shall not exceed 600 feet.55. The Fire Department access
roadway shan 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) lJ.F.C. Section 902.2.2.2.56. A Fire Department
approved key box for Fire Department access shall be installed on the address side
of the building near the main entrance or fire control room at a height of
5 feet above finished grade. The Knox box shall contain keys to gainaccess
to
57. All elevators shall comply with California Building Code Section 3003.5 and
3003.5a, for stretcher requirements. The elevator designated for medical use
shall be sized to fit an 8l"x 24" stretcher.
58. High-rise buildings shall be built in accordance to the City's
High-
rise standards.59. Provide a fire alarm system as required per U.F.C.
Article 10.60. Provide standpipes as required per U.B.C.
Table 9A.61. Fire Facility fees will
be required.
Pollice Department 62. All buildings must comply with the City of Orange Municipal
Code Chapter 15.52 Building Security Standards, reference No. 7-79,
which
includes the following:A. Parking lot lighting (minimum I foot-candle
shall be
maintained at ground level).B. All doors and related hardware must be
in compliance with security
ordinance (lock, hinges, etc.)C. Any operable windows must be approved by
the Police Department and have
passed forced entry testing.D. All roof openings must be secured as outlined in
OMC Chapter 15.52 approved burglar bars on all openings
over 96 square inches).63. Addressing must be illuminated and shall be easily visible from
the street. If a secondary rear access/entry exists, addressing must be
included adjacent to the
secondary access/
entry point.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:The project approval includes certain fees, dedications,
reservations, and/or other exactions. Pursuant to G.C. 66020, these conditions
or requirements constitute written notice of the fees and/or a description of the dedication,
reservation, or other exaction.You are hereby notified that the 90-day protest period
commencing from the date of approval of the project has begun. If you fail to file
a
conditions or requirements, you are legally barred from later challenging such exactions
per G.C. 66020.
ADOPTED this 9th day of December, 2003.
1J1;'M~'of Orange
ATTEST:
Orange
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 9th day of December, 2003, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
fS;k:~O,~g,
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