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RES-8974 Denying Appeal No. 445RESOLUTION NO, 8974 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE MAKING CERTAIN FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING NEGATIVE DECLARATION 1550-98, DENYING APPEAL NO. 445 AND UPHOLDING THE ACTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE UPON CONDITIONAL USE PERMIT 2213-98 RELATING TO THE EXPANSION OF A CHURCH AND PRIVATE SCHOOL IN A RESIDENTIAL ZONE WITH THE SHARED USE OF A SINGULAR PARKING FACILITY UPON PROPERTY LOCATED AT 6411 EAST FRANK LANE <A PRIVATE DRIVE),Appeal No. 445 Negative Declaration 1550-98 Conditional Use Permit 2213-98 Applicant: Salem Lutheran Church and School Appellant: Laura Thomas RECITALS:In response to the petition of Laura Thomas appealing the April 20, 1998 decision of the Plarming Commission and after due public hearing on June 23, 1998, as required by law, and after receiving and considering the action of the Plarming Commission, granting approval by Resolution No. PC 26-98 of the expansion of a church and private school in a residential zone with the shared use of a singular parking facility upon private property located at 6411 East Frank Lane (a private drive), the City Council considered the appeal of Laura Thomas and determined that the appeal of Laura Thomas should be denied and that the action of the Plarming Commission should be upheld, with modifications, and that Conditional Use Permit 2213-98 be approved, as modified by the City Council. The subject property is more particularly described as follows:Parcels 2, 3 and 4 of Parcel Map No. 79-143 in the County of Orange, State of California, as filed in Book 151, Page 3 in the Office of the County Recorder of said county.During the public hearing upon the appeal, the City Council found the facts more particularly set forth as follows:1. The applicant, Salem Lutheran Church and School, is proposing (a) to expand an existing church and private school within center and classroom buildings that would have the effect of increasing the number of elementary school classes from one (I) per grade level to two (2) per grade; and (b) to establish shared parking facilities of a total of 151 parking spaces for church and school uses because, for the most part, parking demand for church and school assemblies would not occur contemporaneously level (herein referred to as the "project" or the proposed project"). The proposed project includes an increase from the current nine (9) classrooms on the site to twenty (20). In this process, the modular classroom buildings would be removed and replaced with newly constructed classrooms. There would be a new two-story classroom building constructed to house some of those twenty classrooms. Each of these classrooms would have a design capacity of 30 students - the maximum allowed by the Orange Municipal Code. The proposed project also includes construction of a multi-purpose building (herein referred to as the " Multi-purpose Building") having an assembly area of 4335 sq. ft. The proposed height of the Multi-purpose Building is a maximum of29 feet.2. The City prepared an Initial Study, dated March 11, 1998, to ascertain whether the proposed project will have a significant effect on the environment, and, pursuant to the findings contained therein, prepared Negative Declaration 1550- 98 (collectively referred to herein as the "Negative Declaration").3. The Plarming Commission held a public hearing on the proposed project on April 20,1998, at which approximately 48 area residents spoke, 17 of whom expressed concerns with the proposed project and the remaining voiced support for the project. As a result of concern over the capacity of Frank Lane, the private entry street, and its ability to handle the volume of traffic associated with the proposed project, the PI arming Commission added a condition requiring the entry road be widened from its current width to include two lanes in and two lanes out. Also included was a condition that required a one-way loop circulation drop-off system.4. The Plarming Commission recommended approval of the project subject to certain conditions necessary to preserve the general welfare, including the placement of a cap upon student emollment and the imposition of a phasing plan for the occupation of the additional classrooms. In recommending approval of the project, the Plarming Commission found that (a) the proposed project, as conditioned, will not have a significant effect on the environment and will not have any potential for adverse effect on "wildlife" resources (as that term is defined in Section 711. 2 of the California Fish and Game Code); (b) the proposed project is consistent with the City's General Plan and,more specifically, the Orange Park Acres Plan, which was adopted as part of the City's General Plan; (c) the proposed project is responsive to educational services required by the local community; (d) the site is physically suitable for the proposed development; (e)the proposed project will not cause deterioration of the surrounding residential land uses or create special problems for the area in which it is located; and (f) the proposed project is granted upon sound principles ofland 5. At the public hearing before the City Council held on June 23, 1998, approximately 47 area residents spoke, many expressing concerns with the proposed project in terms of traffic, parking, noise and the impact upon horses and other animals. 6. The Initial Study and Negative Declaration were presented to the members of the City Council and they have reviewed and duly considered the information contained therein, together with any comments or testimony received from the public, prior to taking any action to approve Conditional Use Permit 2213-98 and any other actions, proceedings and matters related thereto.7. In response to concerns expressed during the hearing, the City Council added four ( 4)new conditions relating to hours of activity and the nature and extent of activities to be conducted as part of the project. (~Conditions No. 20 - 23.) The City Council determined that none of the conditions raised new environmental issues not previously addressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows: I. The City Council finds and determines that the foregoing recitals are true and correct. 2. The City Council hereby adopts and incorporates by reference the findings of the Plarming Commission regarding Conditional Use Permit 2213- 98.3. The City Council finds and determines in light of the whole record before it that there is no substantial evidence that the proposed project, as described in the Initial Study and the Negative Declaration, will have a significant effect on the environment; nor will it have any potential for adverse effect on "wildlife" resources (as that term is defined in Section 711.2 of the California Fish and Game Code).4. The City Council finds that the Negative Declaration has been prepared in compliance with the California Environmental Quality Act and that the Negative Declaration reflects its independent judgment and analysis.5. The City Council hereby approves the Negative Declaration and authorizes and directs the City Clerk to complete and file with the Clerk of the County of Orange a Notice of Determination in accordance with Section 15075 of the State California Environmental Quality Act Guidelines.6. The City Council hereby denies the appeal of Laura Thomas and upholds the action of the Planning Commission granting approval of Conditional Use Permit 2213- 98 relating to the expansion of a church and private school in a residential zone with the shared use of a singular parking facility upon property located at 6411 East Frank Lane ( a private drive).3 Reso BE IT FURTHER RESOLVED by the City Council of the City of Orange that Conditional Use Permit 2213-98 be approved for the following reasons:1. The proj ect conforms to the General Plan.2. The project is appropriate for the site.3. Conditional Use Permit 2213-98 should be granted upon the basis of evidence presented in the staff report and memoranda and testimony received at the public hearings before both the Planning Commission and this City Council and in response to educational needs that are required by the community.4. The proposed project will not cause deterioration of surrounding single-family residential land uses, nor will it create special problems for the area in which the site is located.5. This request was considered with respect to its effect on the City of Orange General Plan and, more specifically, the Orange Park Acres Plan, which was adopted as part of the City's General Plan and which, collectively, are the only plans that pertain to the area in which the site is located.BE IT FURTHER RESOLVED by the City Council of the City of Orange that the following conditions are imposed with approval of Conditional Use Permit 2213-98:1. Project approval is based upon the limited capacity of the parking facility, which was designed to accommodate the maximum capacity of the Multi-purpose Building, which is to be used for school assemblies, contemporary worship services, wedding receptions and other social functions, the sanctuary, or the elementary school at various times of day or different days of the week. In order to not exceed the parking requirement for combined uses, the Multi-purpose Building will not be used for assembly at any time when worship services are scheduled in the sanctuary or the sanctuary is occupied for any other purpose of assembly. The Multi-purpose Building will also not to be used for assembly purposes during school hours on school days, except for assemblies that are scheduled for Salem Lutheran School children.2. Prior to final inspection or the issuance of Certificates of Occupancy, all modular buildings will be removed from the property.3. Prior to issuance of a building permit, the applicant will initiate and execute a lot line adjustment or lot consolidation to eliminate property line conflicts with approved buildings.4. Prior to issuance of a building permit, the applicant will provide evidence or documents that indicate an ability to construct the proposed building at the location proposed on the site plan, or to realign the easement granted to the Carpenter Irrigation District.5. The site plan and subsequent development will conform in substance to the plan approved by the Planning Commission.6. Outdoor lighting will be provided to satisfy building security standards. These standards also require that the parking area be illuminated to a minimum, maintained level foot-candles. The applicant will ensure that adjacent residential uses are protected from security lighting.7. With final architecture and landscape plans, the applicant will submit a grading plan that indicates the location of and finish materials proposed for the retaining wall near Santiago Canyon Road. The Design Review Board will make a recommendation to the City Council regarding whether the design is appropriate, and whether landscape plans need to be revised to better screen the structure from view on Santiago Canyon Road.The City Council shall have the final authority to review and approve the final architecture and landscaping plans for the retaining wall.8. 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 permit, save and except that caused by city's active negligence.9. 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 of Conditional Use Permit 2213-98.10. Vehicular access to the project site shall be improved by widening the north side of Frank Lane to provide two entry and two exit lanes during school arrival and dismissal periods, designed to the satisfaction of the City Engineer. In addition, the school drop-off/pick-up plan shall be redesigned to provide a one- way counter clockwise circulation pattern on site, with two separate and staff supervised drop- off/pick-up locations for lower and upper grades. The circulation plan will be communicated to school families as part of the armual registration process. Salem will provide adequate supervision to ensure the safety of school children and efficient traffic flow.11. The project will be phased to implement occupation of new classrooms, with an additional 2nd grade to be added in September, 1998, and an additional grade to be added 3 through 8) until the phasing is complete. An armual report, commencing in September, 1998, shall be submitted to the City Planning Director which demonstrates the enrollment phasing has been complied with.12. The applicant will meet with Plarming and Public Works staff, as well as members ofthe community (including the OPA Trails Committee) to determine what improvements shall be made for the equestrian trail crossing at Frank Lane.13. The applicant will comply with all laws regarding construction traffic and operations,including the city's Noise Ordinance and permit requirements for any import/export or materials hauling requirements exceeding fifty (50) cubic yards.14. The total number of children enrolled at Salem Lutheran School shall not exceed 726 students, including day care, pre-school, pre-Kindergarten, Kindergarten and elementary school grades I through 8. At no time shall there be more than 611 students on campus at anyone time.15. The applicant will meet with community members and develop a plan to strongly encourage all ingress and egress to the property be at Santiago Canyon Road and Orange Park Boulevard, to minimize the use of Orange Park Boulevard and other adjacent streets to lessen the impact 16. Prior to certificate of occupancy, the applicant shall submit to the City of Orange a deed restriction for the property which includes the language of Condition No. 11 and Condition No. 14, as amended, restricting future growth and capping the student enrollment at 726 students and the 611 on campus respectively. This deed restriction shall be reviewed and approved by the City Attorney. 17. The document entitled, "Salem Lutheran Church Parish Center Project Summary and Operating Plan", on file as a public record in the Office of the City Clerk, in conjunction with the site plan and elevations presented to the Planning Commission and City Council, shall be deemed as the Master Plan of Development for purposes of this Conditional Use Permit. 18. As stipulated in the Master Plan of Development referenced in Condition No. 17, above, the maximum occupancy for the Multi-purpose Building shall be 382 persons. If at any time, the applicant wishes to conduct a special event in the Multi-purpose Building that would exceed the maximum occupancy of 382 persons, the applicant shall submit to the City's Director of Public Works for his or her review and approval prior to such an event, a Parking Management Plan which shall include circulation and parking elements to insure all parking is onsite.19. The Multi-purpose Building shall not be available for hire to the general public other than to local community non-profit organizations.20. No organized sports or sports events shall be allowed in the Multi-purpose Building other than those sponsored by the applicant.21. Except as otherwise provided below, there shall be a curfew of 10: 30 p.m. for all regularly scheduled events at the subject property, meaning that persons in attendance at such events must be off of the subject property by that time. This curfew shall not apply to the applicant's Board of Directors' meetings that are held on a monthly basis or to youth sleep-over events that are held twice each year.22. The outdoor basketball hoops and standards adj acent to the horse trail shall be removed and the area set aside instead for overflow parking prior to the issuance of a Certificate of Occupancy for the Multi-purpose Building.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.Two parking spaces located nearest the intersection of Frank Lane and Orange Park Boulevard will be eliminated and replaced with landscaping. Final landscape plans will be revised to provide vegetation at that location, including shrubs or ground cover limited to thirty-six (36) inches maximum growth.Prior to issuance of building permits, the applicant shall pay all applicable development fees, including but not limited to: Transportation System Improvement Program, Fire Facility, Police Facility, Sanitation District, School District, and Eastern Foothill Transportation Corridor, as required by law.The approved structure and parking facility must satisfY Building Security Standards Ordinance No. 7-79), as verified by the Construction activities that have the potential to exceed the city's residential noise standard including the operation of trucks and tractors, electric or gas-powered tools, hammers, etc.)are limited to the hours between 7:00 AM and 8:00 PM, Monday through Saturday. Such activities shall not occur on Sundays and Federal holidays. (OMC Section 8.24. 070-E).Any conditional use permit or variance expires automatically if it is abandoned or inactive for a period of twenty-four (24) months from the date of approval. An extension of time may be permitted upon a written request, if received before the expiration deadline.ADOPTED this 14th day of July 1998.ATTEST:fJcuAMr City Clerk of the Ity 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 -1A. th. day of July ,1998, by the following vote: AYES: NOES:ABSENT:ABSTAIN:COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON COUNCIL MEMBERS: ALVAREZ COUNCIL MEMBERS: NONE COUNCILMEMBERS: NONE a4-(i</~~~ztL-City Clerk ofth ity of Orange 7