RES-9327 Upholding Appeal No. 477RESOLUTION NO. 9327
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE OVERRULING THE DECISION OF
THE PLANNING COMMISSION AND UPHOLDING
APPEAL NO. 477, DENYING A REQUEST
TO ALLOW SUBSTANTIAL ON-SITE
IMPROVEMENTS AND ADDITIONAL BURIAL
FACILITIES AT HOLY SEPULCHER CEMETERY
UPON PROPERTY LOCATED AT 7845 SANTIAGO
CANYON ROAD.
Appeal No. 477
Conditional Use Permit 2311-
99 Applicant: Roman Catholic Bishop of
Orange Appellant: Mayor Joanne
Coontz
RECITALS:WHEREAS, on June 5,2000, the Planning Commission of the City of Orange
conducted a public hearing as required by law to consider Conditional Use Permit 2311-
99; and WHEREAS, the proposed Conditional Use Permit was to allow
substantial on-site improvements and additional burial facilities at Holy
Sepulcher Cemetery; and WHEREAS, the subject property consists of 42.70 acres at 7845
Santiago Canyon Road,more particularly described as set forth in Exhibit "A", which is attached to
and incorporated into this R.esolution by
this reference; and WHEREAS, by Resolution No. 40-00, the
Planning Commission approved Conditional Use Permit 2311-99, making those findings required
by Orange Municipal Code Section
17.10.030.F; and WHEREAS, Appeal No. 477 was timely filed by
the
appellant, Mayor Joanne Coontz;and WHEREAS, the City Council heard the appeal of
appellant by conducting a public hearing
on August 8, 2000; and WHEREAS, at said public hearing, the City Council
heard the testimony of the applicant's representative, four members of the public opposed
to the appeal and seventeen members of the public in favor of the
appeal; considered documentary evidence presented;discussed specific issues with staff; and found the facts more
1. There is no substantial evidence that the project would have a significant impact
on the environment under the provisions of the California Environmental Quality Act and
Negative: Declaration 1622-99 is
approved.2. This project is located in Orange Park Acres, which is a unique and
very important rural land area in the City, with special needs that are protected by the Orange
Park Acres Specific
Plan.3. The proposed mausoleum is too large and massive in scale for the rural area
in which it is proposed and in its proposed location would be visually detrimental to
the surrounding residential and recreational
areas.4. The size, shape, design, location and materials of the proposed mausoleum do
not comply with the goals, objectives and policies of the Orange Park Acres Specific Plan in that
the
proposal:a) Does not maintain a free, open and informal type of development uninhibited
by
regimentation;b) Does not promote the distinctive rural theme of Orange Park
Acres;c) Does not preserve a positive image of the
hillsides;d) Does not ensure maintenance of view of positive features of and from the
site;e) Does not preserve and enhance the natural beauty ofthe
area;f) Does not enhance the natural setting through planning and landscape
design;g) Does not utilize natural exteriors for the structures, including wood and
warm,earth
colors;h) Does not match the ranch style or low profile rural environment of Orange
Park
Acres.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange that Appeal No. 477 is upheld and Conditional Use Permit 2311-99 is denied for
the
following
reasons:1. The foregoing recitals are true and
correct.2. The findings required by Orange Municipal Code Section 17.1O.030.F are
not
met.Reso No. 9327
ADOPTED the 12th day of September, 2000.
ATTEST:
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 12th day of September,2000,
by the following vote:AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL
MEMBERS: MURPHY, SLATER, MAYOR COONTZ, SPURGEON, ALVAREZ COUNCIL
MEMBERS: NONE COUNCIL
MEMBERS: NONE COUNCIL
MEMBERS: NONE MEB
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3
Reso No. 9327
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9-
28-82
IN 4616 HOLY SEPULCHER
CEMETERY PROPERTY That portion of the Rancho Santiago de Santa Ana, in the
City of Orange, County of Orange, State of California, described
as follows:Beginning at the Southeast corner of that certain tract
of land described in the Deed to W. K.. 'Hillyard, recorded in Book
102, page 273 of Official Records of said Orange County, said
point being distant 330.00 feet South from the corner common to sections
19, 24,2 S, and 30" Township 4 South, Ranges 8 &I 9, S. B. B. 'M.;
and running thence from said Point of Beginning, North 89059'40" West,
along the South line of said tract of land, 2040.88 feet; thence North
along the line of said tract of land North 0000'00" East, 478.79 feet to
a point in the South Right-of-Way line of Amapola Avenue (
60 feet wide), as conveyed tl:> the County of Orange by Oeedrecorded
in Book 644,. page 374 of Official Records, records of said
Orange County; thence along said Right,-of-Way line East, 17.01 feet to
the beginning of a tangent curve conC,llve Northwesterly and having a radius
of 280.00 feet; thence Northeasterly along said curve through a
central angle of 56052'19"an arcflen,gth of.277.93 feet1 thence
tangent to said curve North 33007 'itl" .East, 179.25 feet to the beginning
of a tangent curve concave Southeasterly and having a radius of
220.00 feet: thence Northeasterly along said curve through a central angle of 39009'
50" an arc length of 150.38 feet; thence leaving
said South Right-of-way line, non-tangent to said curve North 17042'29"
West 60.00 feet to the Southwest corner of Parcel 3 of Map filed in BOok
73, pages 27 and 28 of Parcel Maps,records of said Orange
County; thence Northerly along the West line of said Parcel 3, North 8058'58"
West, 104.54 feet; thence North 14001'02"East 280.00 feet: thence
North 22001'02" East, 370.00 feet; thence North 13001'20" East, 385.00
feet, thence North 0001'02" East, 340.00 feet; then.ce North 11058'58'"
West, 440.00 feet; thence North 34058'58"West, 365.00 feet; thence
North 73058'58" West, 300.00 feet; thence North 4105,8'S8" West, 320.00
feet to the Northwest corner of said Pllrcel 3, said pclint being in the South
line of Tract No. 944 as per map recorded j~ Book 29,
page 41 of Miscellaneous Maps, records of said orange Co\mty; thence
Easterly along said South line South 89056'47"East, 2129.20 feet to
the Southeast corner of said Tract No. 944:thence South 0010'40" West,
3382.62
EXCEPTING therefrom that portion of said land 88 conveyed totheOranqeCountyFloodControlDistrictbyDeedrecordedinBook
6819, page 981 of Official Records of said Orange County.
ALSO EXCEPTING therefrom that portion Qf Amapola Avenue (60 feet
wide) as ICQnveyed to the County of Oranqe by.Deed recorded in Book
644, paqe 374 of Official Records of said Orange County.
ALSO EXCEPTING therefrom that portion of Santiago Canyon Ro~d
100 feet wide) as conveyed to the City of Orange.
ALSO
EXCEPTrNG therefrom tha~ por~ion of land contained within ParcelMap' recorded in Book 177, Pages 6 " 7 of Parcel':-:Maps, records of Orange County.