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RES-10319 Construction Approval of Major Site Plan 7845 E. Santiago Canyon Rd.RESOLUTION NO. 10319 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING VARIANCE NO. 2174-06, MAJOR SITE PLAN NO. 0440- 06 AND DESIGN REVIEW COMMITTEE NO. 4083-06 TO ALLOW FOR THE CONSTRUCTION OF A MAUSOLEUM, WALL CRYPTS, FAMILY ESTATES, LAWN CRYPTS, PRIVATE MAUSOLEUMS, ADMINISTRATION OFFICE,ENTRY MONUMENTS AND FENCING, AND THE DEDICATION OF TWO TRAILS LOCATED AT 7845 EAST SANTIAGO CANYON ROAD APPLICANT: ROMAN CATHOLIC DIOCESE OF ORANGE WHEREAS, Variance No. 2174-06, Major Site Plan No. 0440-06 and Design Review Committee No. 4083-06 were filed by the City of Orange in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Variance No. 2174-06, Major Site Plan No. 0440-06 and Design Review Committee No. 4083-06 were processed in the time and manner prescribed by state and local law; and WHEREAS, on March 22,2006, April 18, 2007, October 10,2007, April 2, 2008, and May 14, 2008 the Staff Review Committee reviewed Variance No. 2174-06, Major Site Plan No. 0440- 06 and Design Review Committee No. 4083-06 and recommended that the application proceed; and WHEREAS, on April 16, 2008 and June 4, 2008 the Design Review Committee reviewed Variance No. 2174-06, Major Site Plan No. 0440- 06 and Design Review Committee No. 4083-06 and recommended that the application proceed; and WHEREAS, the Planning Commission conducted one duly advertised public hearing on July 21, 2008 for the purpose of considering Variance No. 2174-06, Major Site Plan No.0440- 06 and Design Review Committee No. 4083-06, for the property located at 7845 East Santiago Canyon Road.NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves Variance No. 2174-06, Major Site Plan No. 0440- 06 and Design Review Committee No. 4083-06 to construct a mausoleum, wall crypts, family SECTION 1 - FINDINGS 1. That because of special circumstances applicable to subject property, including size,shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.The applicant is requesting to permit taller fences/walls than allowed by the Orange Municipal Code. The ornamental entry fencing along Santiago Canyon Road is proposed to be constructed at the same location as the existing chain link fence.Currently, the property line is set 8' back from the curb fence, and the existing chain link fence is located within a few inches of the property line. When the cemetery was originally established in the mid 1930's grave sites were placed directly behind the chain link fence. The applicant is requesting to place the new ornamental metal fence with pilasters in the same location as the existing fence. If the fence were moved 10' back according to current code requirements, the existing grave sites would either line the public street or would need to be exhumed and moved. Lowering the fence height to 42" would not provide the separation and privacy that the cemetery seeks to achieve from the adjacent recreational trail and street.2. That the variance granted shall be subject to such conditions which will assure that the authorized adjustment shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is located.The variance would not grant special privileges to the specific property because it would support the general welfare of the community. The topography and the long-enduring nature of the facility create limitations for development on the site.3. Major Site Plan approval shall be granted if the project conforms to City development standards and any applicable special design guidelines or specific plan requirements.The site plan conforms to the City Development Standards of the Public Institution (P-I) zone including: building height, setbacks, lot area, circulation, parking, open space,landscaping, utilities, and trash enclosures. As discussed in the staff report, the project does require a variance for the front yard setback for the entrance fence.The cemetery is considered a Public-Quasi-Public facility in the Orange Park Acres Specific Plan; however no specific design guidelines are listed in the Specific Plan.4. Major Site Plan approval shall be granted if the project provides for safe and adequate vehicular and pedestrian circulation, both on- and off-site.The internal circulation patterns on the site plan provide for 45-foot drive aisles when parking is allowed on both sides of the internal streets and 30- foot drive aisles for parking on one side of the internal streets. This will allow for guest cars and emergency services to navigate the private internal streets. Access to and from way would not be altered. The pedestrian and accessible path of travel around the buildings would be improved and brought up to current code requirements. The off- site recreational trails lining the east side of Santiago Canyon Road would remain natural to maintain the rural character of Orange Park Acres.5. Major Site Plan approval shall be granted if City services are available and adequate to serve the project.As discussed in Mitigated Negative Declaration No. 1768-06, the City of Orange Fire Department, Police Department, and Public Works have stated that they have adequate facilities to provide services for the proposed project.6. Major Site Plan approval shall be granted if the project has been designed to fully mitigate or substantially minimize adverse environmental effects.Mitigated Negative Declaration No. 1768-06 was prepared to analyze the environmental impacts under the California Environmental Quality Act and City of Orange Local Guidelines. It was determined that after mitigation is implemented, there are no potentially significant environmental impacts as a result of the proposed project.7. The City of Orange has made required findings pursuant to the California Environmental Quality Act as set forth in Section 2 below.8. 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 Variance No. 2174-06,Major Site Plan No. 0440-06 and Design Review Committee No. 4083-06, staffs oral presentation, public testimony, Staff Review Committee comments, Design Review Committee comments, and Planning Commissioner comments, which constitute the City Council's review of this project.SECTION 2 - ENVIRONMENTAL REVIEW Mitigated Negative Declaration (ENV No. 1768- 06) was prepared for Variance No.2174-06, Major Site Plan No. 0440- 06 and Design Review Committee No. 4083-06 in compliance with the California Environmental Quality Act and associated Guidelines. The City Council finds that Mitigated Negative Declaration No. 1768-06 contains an adequate assessment of the potential environmental impacts of the proposed project. The City Council finds that there are no potentially significant adverse environmental impacts. Therefore, the City Council approves Mitigated Negative Declaration No. 1768-06.SECTION 3- CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed with the recommendation of approval:1. All construction shall conform in substance and be maintained in general conformance with plans and exhibits labeled Attachment 2008), with the exception of the 1.1 acres to the north and the proposed Maintenance Facility. Construction shall also conform in substance to any modifications to the conditions of approval that the City Council shall make. Further, exterior building color and materials shall conform to the plans and color and materials board approved by the Design Review Committee on June 4, 2008. Any change to the exterior of the building from the approved plans shall be subject to review and approval by the Design Review Committee. 2. Approval of Variance No. 2174-06, Major Site Plan Review No. 0440-06, and Design Review Committee No. 4083-06 shall not be effective until General Plan Amendment No.2006-0001, Mitigated Negative Declaration No. 1768-06 and Zone Change No. 1244-06 have been approved by the City Council and become effective.3. 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 permits, save and except that caused by the City's active negligence.4. Prior to the issuance of a building permit, the building plans shall show larger specie trees in the area by the new family estates, to complement existing growth.5. Prior to the issuance of a building permit, the building plans shall show additional transitional ground cover to the plant palette between the grass and shrub areas.6. Prior to the issuance of a building permit, landscape and irrigation plans shall be submitted to Community Services Staff for review.7. Prior to the issuance of a building permit, the applicant shall verify conditions for a Fuel Modification Plan with the County.8. Prior to the issuance of a building permit, the Community Services Department shall review and approve the trail improvement plans to ensure that the trails provide a minimum 10' tread width.9. Per Building Security Standards Ordinance No. 7-79, open parking lots providing more than ten new parking spaces for general use by the public shall be provided with a maintained minimum of one foot-candle of light in the parking surface from dusk until the termination of business every operating day. Light spillage or pollution to surrounding residential areas is not to exceed a maintained minimum of 0.5 foot-candle of light.Lighting is required over exterior doorways and along walkways. Prior to the issuance of a building permit, a photometric study will be required to be approved by the Police Department.10. All structures shall comply with the requirements of Municipal Code Chapter 15.52 Building Security Standards), which relates to the use of specific exterior doors, door hardware, windows, roof penetrations, addressing, lighting, etc. (Ord.7-79). Architect drawings shall include sections of the Ordinance that apply under "Security Notes." An Approved Products List 07/04" of hardware, windows, etc. is available upon request. 11. Landscaping shall not interfere with lighting and addressing requirements.12. Developer shall obtain an approved grading plan and permit from Public Works Engineering prior to start of construction. The grading plan shall show all roof drains,sewers, storm drains, and water quality issuance of a grading permit, the two copies of the geotechnical report, with wet stamps and signatures, shall be delivered to the Public Works Department for review and approval. 13. Applicant/developer shall be aware that all work within the public right-of-way requires the issuance of an Encroachment Permit. Such work includes, but is not limited to, work on the sidewalk, driveway construction, and utility laterals.14. Within two days of final approval of this project, the applicant shall deliver to the City Planning Department a cashier's check payable to the "County Clerk" in an amount required to fulfill the fee requirement of the CA Department of Fish and Game Code Section 711.4 for a Mitigated Negative Declaration and the County Clerk Processing Fee,to enable the City to file the Notice of Determination.15. An approved fire sprinkler system must be installed throughout the building per OMC 15.32.070 Section 1001.10. The system shall be designed per N.F.P.A. 13, U.B. C. Chapter 9, D.B.C. Standards 9-1 and 9-2. The sprinkler system requires 24-hour supervision.16. The fire department connection 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 of the street as the fire department connection.17. 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 for any reason. (U.F.C. Sections 903 and 1001.7) The fire department connection shall not pressurize a hydrant. Plans must be submitted to the Building Department.18. The number and location of hydrants shall be determined by Fire and Water Departments.The fire-flow requirements and hydrant spacing shall comply with CFC, 2001 edition,Appendix III-A and B.19. 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.20. 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. D.F.C. Sections 901 and 902 21. The installation of gates, traffic calming methods and speed humps or bumps shall be reviewed by the Fire Department prior to installation.22. 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.23. 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. 24. The fire department access roadway shall be an all-weather driving surface capable of supporting the imposed loads of fire apparatus, 60,000 pounds. The access shall be designed for a three-axle vehicle. D.F.C. Section902.2. 2.2 25. 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 26. Fire department emergency access must not exceed 12 percent grade. D.F. C. Section902.2. 2.6 27. All mechanical gates shall be provided with a key-operated override switches per City of Orange Ordinance 9-84. In the case of power failure the gate shall fail in the open position and shall be operable without any special tools.28. 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 gain access to each building.U.F. C. Section 902.4 29. Construction plans shall include a site plan and landscape plan detailing exiting from outside the building to a public way. Details on the type of ground covering, hardscape,gates and latching and locking hardware shall be provided on the plans.30. Prior to the issuance of a building permit, fire facility fees will be required.31. All roof coverings installed on any new or existing building or structure, shall be fire retardant U.L. listed Class A. ( OMC 15.36.030)32. Buildings or structures hereafter erected constructed, or moved within or into the High Hazard Area shall comply with the requirements of this section. (OMC 15. 36.020) There is established the Climatic and Topographic High Hazard Fire Zone. Generally, the Zone shall include that portion of the City located easterly of the boundary starting from the intersection of the northerly city limits and Santa Ana Canyon Road, southerly along said road to the intersection of Nohl Ranch Road and Santiago Boulevard. Southerly along Santiago Boulevard to the northerly and easterly Villa Park City Limits. Then easterly along and then southerly along said city limits to Hewes Street. Then southerly along Hewes Street to the city limits of Orange.a. Roof covering shall be a "Fire-Retardant", Class A as specified in subdivisions 1 through 4 and 6 through 10 of Section 3202 (e). Fire-retardant roofs shall be fire stopped and enclosed with approved material at the eave ends to preclude entry of flame or embers under the roofing material.b. Underfloor Areas. Buildings or structures shall have all underfloor areas enclosed to the ground with construction as required for exterior walls.c. Utilities, pipes, furnaces, water heaters, or other mechanical devices located in an exposed underfloor area of a building or structure shall be enclosed with material as required for exterior one-hour fire-resistive construction. Adequate covered access-openings for servicing such utilities shall be provided as required by appropriate codes.d. Openings into attics, floors, or other enclosed areas shall be covered with corrosion-resistant wire mesh not less than one- fourth 1/2") in any dimension except where such openings are equipped with sash or doors. Chimneys shall have spark arrestors of maximum one-half inch (1/2") screen.33. Prior to the issuance of any grading permits the applicant shall submit a Priority Project WQMP for review and approval to the Public Works Department that:Addresses Site Design BMPs (as applicable) such as minimizing impervious areas,maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas Incorporates the applicable Routine Source and Structural Control BMPs as defined in the Drainage Area Management Plan ( DAMP)Incorporates Treatment Control BMPs as defined in the DAMP Generally describes the long-term operation and maintenance requirements for structural and Treatment Control BMPs,Identifies the entity or employees that will be responsible for long-term operation,maintenance, repair and or replacement of the structural and Treatment Control BMPS and the training that qualifies them to operate and maintain the BMPs Describes the mechanism for funding the long-term operation and maintenance of all structural and Treatment Control BMPs.A copy of the forms to be used in conducting maintenance and inspection activities Recordkeeping requirements (forms to be kept for 5 years)A copy of the form to be submitted annually by the project owner to the Public Works Department that certifies that the projects structural and treatment BMPs are being inspected and maintained in accordance with the project's WQMP.34. Prior to the signoff of the building permit, the applicant shall demonstrate the following to the Public Works Department:All Structural Best Management Practices (BMPs) described in the Project WQMP have been constructed and installed in conformance with the approved plans and specifications.The applicant is prepared to implement all Non- structural BMPs described in the Project WQMP.An adequate number of copies of the project's approved final Project WQMP are available for the future occupiers.35. Prior to the issuance of a grading permit (include grubbing, clearing, surface mining or paving permits as appropriate) the applicant shall demonstrate that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity (General Permit) by providing a copy of the Notice of Intent (NOI)submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing. A copy of the current SWPPP required by the General Permit shall be kept at the project site and be available for review by City representatives upon request.36. Prior to City approval of the landscape plans, the applicant shall review the approved Water Quality Management Plan and ensure the proposed landscape plans are consistent with the project grading plans and show applicable Best Management Practices such as grass swales, detention basins, grass or vegetated buffers, filters, permeable pavers, etc.37. Approval of Variance 2174-06, Major Site Plan Review not be effective until GPA 2006-0001 (Open Space Element) and Zone Change 1244-06 have been approved by the City Council and become effective.38. It should be noted that OMC Section 17.10 states that a permit expires if the use has not commenced, or if substantial construction has not begun within twenty- four (24) months after the date the project was approved. OMC Section 17.08.060 allows for Time Extensions. The code reads that the body granting final approval may, upon written request prior to expiration, grant up to one-year extension of time of any approved permit application, upon presentation of extenuating circumstances, subject to the contingency that no conditions are added, deleted or modified. Such time extension shall not require public notice.Environmental Mitigation Measures 39. MM 4.3-1: The construction contractor shall comply with SCAQMD' s Rules 402 and 403 to reduce or minimize air pollutants generated by construction vehicles and equipment and fugitive dust emissions associated with earthmoving over excavation operations, or other soils disturbances. During construction, the construction contractor shall implement best available control measures to prevent visible dust emissions from leaving the project site boundary, including the following or the equivalent as determined by the City's Building Inspection Department:During earthmoving or excavation operations, fugitive dust conditions shall be controlled by the following procedures:Thoroughly water active sites prior to and during earthmoving Water active sites at least two times per day Cover all haul vehicles and/or maintain at least two feet of freeboard (vertical distance between the top of the trailer walls and the top ofthe dirt) to reduce fugitive dust generate during the transport of materials to and from the site; Cover all stockpiles of dirt;All grading and excavating activities shall be suspended when wind speeds exceed 20 mph averaged over 1 hour;All streets shall be swept once per day if visible soil/concrete materials are transferred to public streets After earthmoving or excavation operations, fugitive dust emissions shall be controlled using the following measures:Portions of the construction area to remain inactive longer than a period of3 months shall be re-vegetated and watered until cover is grown All active portions of the construction site shall be watered to prevent excessive amounts of dust.At all times, fugitive dust emissions shall be controlled using the following procedures:On-site vehicle speed shall be limited to 15 mph.Road improvements shall be paved as soon as possible, watered periodically, or chemically stabilized.At all times during the construction phase, ozone precursor emISSIOns from mobile equipment shall Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specification. On-site mobile equipment shall not be lefty idling for a period longer than 60 seconds.40. MM 4.6-1: Prior to the issuance of a grading permit, the Cemetery shall demonstrate compliance with the Southern California Regional Water Quality Board and the National Pollutant Discharge Elimination System (NPDES) requirements. The following Best Management Practices (BMP's) to control erosion during construction shall be implemented. These BMP's could include the following (or the equivalent as determined by the City):Prior to the issuance of a grading permit, the Cemetery shall demonstrate compliance with the Southern California Regional Water Quality Board and the National Pollutant Discharge Elimination System (NPDES) requirements. The following Best Management Practices (BMP's) to control erosion during construction shall be implemented. These BMP's could include the following (or the equivalent as determined by the City):Sediment from areas disturbed during construction shall be retained onsite using structural controls (such as plastic sheeting, sandbags, check berms, or desilting basins) to the maximum extent practicable to prevent erosion.Stockpiles of soils shall be properly contained and covered to avoid sediment transportation from the site via runoff, vehicle tracking, or wind.Runoff from equipment and vehicle washing shall be contained at the construction site 41. MM 4.8-1: The following Best Management Practices (BMP's) to control erosion during construction shall be implemented. These BMP's include the following or the equivalent as determined by the City.The following Best Management Practices (BMP's) to control erosion during construction shall be implemented. These BMP's include the following or the equivalent as determined by the City:Sediment from areas disturbed during construction shall be retained onsite using structural controls (such as plastic sheeting, sandbags, check berms, or desilting basins) to the maximum extent practicable to prevent erosion.Stockpiles of soil shall be properly contained and covered to avoid sediment transport from the site via runoff, vehicle tracking, or wind.Runoff from equipment and vehicle washing shall be contained at the construction site.The following BMP's to control erosion and to treat storm water runoff during operations shall be implemented. These BMP's include the following or the equivalent as determined by the City:Infiltration pits will be utilized as a primary means for the treatment, storage, and slow-release of storm water runoff from impervious areas.Porous landscape detention facilities will provide a secondary means for the treatment and storage of storm water runoff, and to control erosion from impervious areas.Vegetated grass swales will be utilized as a primary means for the treatment of storm water runoff Routine non-structural BMP's utilized to control potential sources include:education for property owners; activity restrictions, area landscape management;spill contingency plans; hazardous material disclosure compliance; Uniform Fire Code implementation; area litter control; employee training; area catch basin, and frequent private street and parking lot sweeping.Routine structural BMP's utilized to control potential sources include: storm drain system stenciling and signage; design and construction of trash and waste storage areas to reduce pollution introduction; efficient irrigation systems and landscape design; protection of slopes and channels, and provide energy dissipation; and incorporate requirements applicable to individual project features for equipment wash areas and fueling areas.42. MM 4.15-1: Prior to the issuance of grading and encroachment permits for the Recreational Trail improvements, the City of Orange's Traffic Engineer shall review and approve the proposed relocation of the signalized Recreational Trail Crossing, and its proposed combination with the Northerly Secondary Access, to ensure the safety of both vehicular traffic, and recreational trail users.43. MM 4.16-1: Prior to the issuance of a grading permit for Phase I, the City of Orange's Engineer shall approve a WQMP and related improvement plans for the construction of the proposed storm water treatment systems. These improvements will include the following:The following BMP's to control erosion and to treat storm water runoff during operations shall be implemented. These BMP's include the following or the equivalent as determined by the City.Infiltration pits will be utilized as a primary means for the treatment, storage, and slow-release of storm water runoff from impervious areas.Porous landscape detention facilities will provide a secondary means for the treatment and storage of storm water runoff, and to control erosion from impervious areas.Vegetated grass swales will be utilized as a primary means for the treatment of storm water runoff from impervious areas.Routine non-structural BMP's utilized to control potential sources include:education for property owners; activity restrictions, area landscape management;spill contingency plans; hazardous material disclosure compliance; Uniform Fire Code implementation; area litter control; employee training; area catch basin, and frequent private street and parking lot sweeping.Routine structural BMP's utilized to control potential sources include: storm drain system stenciling and signage; design and construction of trash and waste storage areas to reduce pollution introduction; efficient irrigation systems and landscape design; protection of slopes and channels, and provide energy dissipation; and incorporate requirements applicable to individual project features for equipment wash areas and fueling areas.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 Prior to the issuance of building permits, the applicant shall pay all applicable development fees including but not limited to: City sewer connection, Orange County Sanitation District Connection Fee, Transportation System Improvement Program, Fire Facility, Police Facility, Park Acquisition, Sanitation District, and School District, as required. Building permits shall be obtained for all construction work, as required by the City of Orange, Community Development Department's Building Division. Failure to obtain the required building permits will be cause for revocation of this permit. 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. Applicant/developer shall be aware that all work within the public right-of- way requires the issuance of an Encroachment Permit. Such work includes, but is not limited to,work on the sidewalk, driveway construction, traffic light installation, and utility laterals.These conditions shall be reprinted on the first page of the construction documents when submitting to the Building Department for the plan check process.If not utilized, project approval expires 24 months from the approval date. Extensions of time may be granted in accordance with OMC Section 17. 08.060.ADOPTED this 26th day of August 2008 ATTEST: 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 26th day of August, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN (RECUSED): COUNCILMEMBERS: Murphy, Cavecche, Dumitru, Bilodeau COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: Smith r- Mary E. 12