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RES-9092 Denying Appeal No. 455RESOLUTION NO. 9092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DENYING APPEAL NO. 4SS AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW THE EXPANSION OF THE HIGH SCHOOL TO A MAXIMUM NUMBER OF 49 CLASSROOMS AND 9S0 STUDENTS, INCLUDING CONSTRUCTION OF A NEW GYMNASIUM, MODIFICATIONS TO SPORTS FIELDS, OUTDOOR LIGHTING, AND EXPANSION OF THE PARKING FACILITY FROM 2S0 TO 392 SPACES UPON PROPERTY LOCATED BETWEEN SANTIAGO BOULEVARD AND THE NEWPORT FREEWAY, NORTH OF MEATS AVENUE, SOUTH OF VILLA VISTA WAY (ADDRESS: 2222 N. SANTIAGO BOULEVARD). Appeal No. 4SS Conditional Use Permit No. 2262- 98 Applicant: Lutheran High School Association of Orange County Appellant: Jere A. Jobe mCITALS:WHEREAS, on January 18, 1999, the Planning Commission of the City of Orange conducted a public hearing required by law to consider Conditional Use Permit No. 2262- 98; and WHEREAS, the proposed Conditional Use Permit was to allow the expansion of a private high school in a residential zone; and WHEREAS, the subject property is located between Santiago Boulevard and the Newport Freeway, north of Meats Avenue, South of Villa Vista Way, addressed as 2222 N. Santiago Boulevard, as more particularly described in the attached Exhibit " A"; and WHEREAS, by Resolution No. S-99, the Planning Commission approved Conditional Use Permit No. 2262-98 with certain findings; and WHEREAS, Appeal No. 4SS was timely filed by the appellant, Jere A. Jobe; and WHEREAS, the City Council heard the appeal of appellant by conducting a public hearing on March 9,1999; and WHEREAS, at said public hearing, the City Council heard the testimony of members of the public; and WHEREAS, the City Council continued said public hearing until March 23, 1999, in order to give the applicant an opportunity to address the issue of surrounding residential neighborhoods; and WHEREAS, on March 23, 1999, the City Council considered a report from staff regarding student parking in the residential neighborhoods surrounding Lutheran High School and qu'~stioned the applicant regarding the parking issues; and WHEREAS, at said continued public hearing, the City Council found the facts more particularly set forth as follows: 1. The proposal is granted upon sound principles of land use and in response to educational services required by the community. 2. With conditions in place, the proposal will not cause deterioration of bordering land uses or create special problems for the area in which it is located and will, in fact, improve traffic drculation in the area. 3. The proposal has been considered in relationship to its effect on the community or neighborhood plan for which the area in which it is located. 4. The proposal is made subject to the following conditions necessary to preserve the general[ welfare and not the individual welfare of the applicant: 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 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, thus enabling the City to file the Notice of Determination required under Public Resources Code 211S2 14 Cal. Code Regulations IS07S. If it is determined that there will be no impact upon wildlife resources, the fee shall be $38.00. If the applicant has not delivered the required fees within such two day period, approval for the project granted herein shall be void. 2) Development of the school property may proceed in phases at the applicant's discretion. However, if a building permit is not issued for the first phase within two years from the date of approval, CUP 2262-99 will expire automatically. (A one-year extension of time may be approved by the Planning Commission, consistent with Orange Municipal Code.)The following modifications will occur and be completed within the primary phase of construction:A) Construction of all improvements in public right of way, including dedicated right turn lane, new inbound driveway approaches, new street striping, landscape and irrigation improvements along property frontage.B) Construction of on-site inbound drive lanes and passenger unloading area.C) Closure of current school building entry doors during moming arrival period of 7:00 AM to 8:30 AM.Reso D) Removal of "retum" drive aisle which allows left turn capability within parking facility at the base of inbound entry lanes. E) Temporary expansion of existing parking lot to accommodate student population of7S0 at parking ratio of 0.377 cars per student (or 283 parking spaces in total). F) Construction limited to six classrooms in an addition to the north side of the building. Each phase will be considered complete upon final inspection and approval of construction by the city's Building Official. Issuance of a new building permit for any subsequent phase of development will reactivate approval of CUP 2262-99. However, if construction activity ceases between one phase and another, or the record of building permits, inspections, or staff review of construction documents becomes inactive for a period of two years, CUP 2262-99 will expire automatically.3) All plans shall conform in substance with those approved by the Planning Commission.4) The school's enrollment will be limited to 9S0 students, as proposed by the applicant.5) School administrators shall not charge a separate parking fee nor require a permit for students or employees. Administrative costs associated with on-campus parking should instead be factored into tuition. Access to the parking facility should remain unrestricted so that students,faculty and staff are encouraged to park on campus and not on surrounding residential streets.6) A photometric plan, submitted with this application, is approved in concept onlyand requires a.dditional review by the Police Department's Crime Prevention Bureau. Lighting spill-over mustbe controlled to 0.5 foot-candles on adjacent residential parcels. The applicant's plan presently complies with this standard. Moreover, light sources will be provided with shields to protect adjacent residents from direct illumination and glare.Conditions 7 through 18 will be completed according to the satisfaction of the Public Works Director! City Engineer:7) A grading and drainage plan will be prepared by the applicant and submitted for city review and approval.8) Street improvement plans will be prepared by the applicant for construction of a separate right-tum lane, the entrance driveway, and all other driveway modifications..9) Prior to issuance of a grading permit, school officials will have a comprehensive water quality management plan (WQMP) prepared by a registered civil engineer. The WQMP will incorporate Best Management Practices (BMP's) consistent with Orange County's Drainage Area Management Plan, Appendix G; requirements for new development and redevelopment.Compliance with these requirements will be demonstrated by the issuance of an NPDES National Pollution Discharge Elimination System) permit from the California Regional Water Quality Control Board, Santa Ana Region. In addition, in conjunction with the required grading plan, on-site monitoring of surrounding properties by a soils engineer retained shall he performed to ensure that excavation and grading are performed properly and that any remedial soils measures are immediately implemented. 10) The entry driveway will be designed and constructed to a minimum width of 36 feet, with separate inbound lanes designed for left- and right-turn access from Santiago Boulevard,including a central median (4'-0" wide) to isolate southbound traffic (right turns) into the northemmost lane, and northbound traffic (left turns) in the southernmost lane. This requirement will provide adequate room for inbound vehicles to maneuver and proceed simultaneously onto the site:. Both entry lanes would continue into the parking lot to the approximate midway point before passenger un/loading is permitted. The requirement will prevent congestion from occurring on Santiago Boulevard in either direction. The intent of this requirement is to provide an uninterrupted flow into the parking lot for inbound traffic from Santiago Boulevard.11) The existing "dip" caused by drive approaches and gutters (along the curb line) will be minimized to allow motorists to enter and leave the site without delay (while preserving the existing drainage flows). These depressions currently require significant deceleration before crossing the sidewalk.12) The "one-way retum" aisle proposed near the entry driveway shall be designed and constructed to the satisfaction of the City Traffic Engineer. Left-tum access to this aisle, from inbound vehicles, shall be physically prohibited.13) Eliminate direct pedestrian access through the front of the building, near the entry driveway.Shift aU student unJloading westward in the parking facility, to a point approximately midway to the far end. Vehicle storage capacity will be increased on site.14) Provide a circulation pattern with one-way inbound access along the entire north edge of the proposed parking facility, to the end of the building, and a recirculation aisle situated near the front entrance of the lot, but designed to prevent left-turns from inbound traffic. The location and design of this return circulation aisle is subject to review and approval by traffic engineering staff.IS) Dedicate and construct the proposed southbound right-turn lane for access at the entry from Santiago Boulevard. This turning channel will facilitate the high volume of inbound traffic and assure through access for traffic in southbound lanes on Santiago.16) Egress onto Santiago Boulevard shall be restricted to "right turn only" if, in the opinion of the City Traffic Engineer, said restriction is necessary to improve traffic flow and/or safety.17) The developer will satisfy all water main connection, plan check, and inspection charges as determined by the Water Division.18) A minimum number of two trash enclosures will be provided at locations approved by the sanitation supervisor, with truck access from within the parking facility.19) The applicant agrees to indemnify, hold harmless, and defend the City, its officers, lInd employees from any and all liability or claims that may be brought against the city arising out of its approval ofthis permit, save and except that caused by City's active negligence. 20) The applicant shall comply with all federal, state and local laws. Violation of any of those laws in connection with the use will be cause for revocation ofthis permit. 21) These conditions will be reprinted on the cover sheet or first page of construction plans, including grading plans, if applicable. 22) A new six-foot masonry wall will be constructed along common property lines where there is none at this time (except where prohibited by zoning regulations). Damaged walls will be repaired, replaced or increased to a height of 6'-0", where necessary to protect privacy upon adjacent parcels.23) Security gates will be provided for the parking lot and locked in the evenings and on weekends, at the discretion of high school administrators, to provide for the safety of the campus and neighborhood.24) Prior to increasing enrollment, school administrators will provide an on-campus traffic plan addressing drop-off and pick-up points, circulation, consequences for misbehavior in the parking facility, parent-student orientation, and a neighborhood parking prohibition policy.The follOWing code provisions are applicable to this project and are included for information only. This is not a complete list of requirements. and other code provisions may apply to the project.Refer to an inter-office memorandum prepared by Wendy Saunders, dated September 2, 1998,for a project-specific list of Fire Department requirements.Prior to issuance of building permits, the applicant shall pay all statutory development fees,including but not limited to: Transportation System Improvement Program, Fire Facility, Police Facility, Park Acquisition, Sanitation District, School District, and Eastern Foothill Transportation Corridor, as required.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that Appeal No. 4SS is denied and Mitigated Negative Declaration No. IS8S-98 and Conditional Use Permit No. 2262-98 are approved for the following reasons:1. The foregoing recitals are true and correct.2. The findings required by Orange Municipal Code Section 17.10.030.F are met.Adopted the ATTEST: d~ I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Counciil ofthe City of Orange at a regular meeting thereof held on the 13th day of April, 1999, by the following vote: AYES:COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ NOES:COUNCIL MEMBERS: NONE ABSENT:COUNCIL MEMBERS: NONE ABSTAIN:COUNCIL MEMBERS: NONE i~~City Clerk of e City of Orange MEB Reso No. 9092 6 EXHIBIT "A" Description of Lutheran High School Property THOSE PORTIONS OF LOTS D, HAND J OF THE BUSH AND WATSON TRACT AS SHOWN ON A MAP OF SURVEY MADE BY KNOX AND RUMBLE IN 1871, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF TRACT NO. 4023, AS SHOWN ON A MAP RECORDED IN BOOK 140, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND TRACT NO. 4023, NORTH 88 DEG 41' 51" EAST 1187.35 FEET TO THE SOUTHWESTERLY LINE OF SANTIAGO BOULEVARD, AS DESCRIBED IN DEED TO ORANGE COUNTY, RECORDED OCTOBER 18, 1915 IN BOOK 278, PAGE 316 OF DEEDS, RECORDS OF SAID ORANGE COUNTY; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE TO THE NORTHEASTERLY CORNER OF TRACT NO. 6166, AS SHOWN ON A MAP RECORDED IN BOOK 292, PAGE 6 AND 7 OF SAID MISCELLANEOUS MAPS; THENCE ALONG THE NORTHERLY LINE OF SAID TRACT NO. 6166, SOUTH 88 DEG. 43' 33" WEST 794.7 FEET TO THE NORTHWESTERLY CORNER THEREOF; THENCE ALONG THE NORTHERLY REPROLONGATION OF THE WESTERLY LINE OF SAID LAST MENTIONED TRACT, NORTH 1 DEG. 08'20" WEST 175.66 FEET TO THE NORTHWESTERLY CORNER OF THE NORTHEASTERLY QUARTER OF SAID LOT H; THENCE ALONG THE NORTHERLY LINE OF SAID LOT H, SOUTH 88 DEG. 43' 33" WEST 658.86 FEET TO THE NORTHEASTERLY CORNER THEREOF; THENCE ALONG THE WESTERLY LINE OF SAID LOT J, NORTH 1 DEG. 06' 07" WEST 339.72 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED LAND, SAID POINT BEING DISTANT SOUTH 88 DEG. 41' 51" WEST 0.5:2 FEET FROM THE SOUTHEASTERLY CORNER OF LOT 35 OF SAID TRACT NO. 4023; THENCE FROM A TANGENT THAT BEARS SOUTH 44 DEG. 08' 39" EAST, SOUTHEASTERLY ALONG A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 560.00 FEET THROUGH A CENTRAL ANGLE OF 22 DEG. 27' 06" AN ARC DISTANCE OF 219.44 FEET; THENCE TANGENT TO SAID CURVE SOUTH 21 DEG. 41' 33" EAST 139.77 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING RADIUS OF 390.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 DEG. 22' 28" AN ARC DISTANCE OF 57.00 FEET; THENCE TANGENT TO SAID LAST MENTIONED CURVE SOUTH 30 DEG. 04' 00" EAST 167.68 FEET TO NORTHEASTERLY CORNER OF LOT 27 OF SAID TRACT NO. 6166.