RES-10016 Denying Appeal 501-05RESOLUTION NO. 10016
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DENYING APPEAL NO. 501-05
AND UPHOLDING THE DECISION OF THE
PLANNING COMMISSION ADOPTING
MITIGATED NEGATIVE DECLARATION 1748-05
AND APPROVING CONDITIONAL USE PERMIT
2511-04 TO ALLOW THE EXPANSION OF A
PRIVATE SCHOOL FROM 75 STUDENTS TO A
MAXIMUM ENROLLMENT OF 150 STUDENTS AT
THE PROPERTY LOCATED AT 1130 EAST
WALNUT AVENUE
APPLICANT: CREEKSIDE CHRISTIAN SCHOOL
WHEREAS, the application for Conditional Use Permit 2511-04 was filed and
processed in the time and manner prescribed by state and local law; and
WHEREAS, on June 16, 2004, the Staff Review Committee reviewed the proposed
establishment and operation of a private school using existing church facilities and
recommended that the project proceed subject to conditions; and
WHEREAS, on August 16, 2004, the Planning Commission conducted a duly
advertised public hearing, at which time interested persons had an opportunity to testify either
in support of or opposition to Conditional Use Permit 2511-04; and
WHEREAS, the Planning Commission continued the Conditional Use Permit 2511-04
to a date uncertain in order to allow technical studies to be prepared to study potential impacts
associated with noise and traffic related to the private school expansion; and
WHEREAS, on May 4, 2005 the Staff Review Committee reviewed Mitigated
Negative Declaration No. 1748-05 prepared for Conditional Use Permit 2511-04; and
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WHEREAS, the Planning Commission conducted a duly advertised public hearing on
May 16, 2005, at which time interested persons again had an opportunity to testify either in
support of or opposition to the expansion of a private school using existing church facilities
upon property generally described as follows:
Portion of Lot 10 of the A.B. Chapman Tract
WHEREAS, the Planning Commission approved Conditional Use Permit 2511-04,
subject to conditions; and
WHEREAS, the decision of the Planning Commission was appealed to the City
Council by Michael Worcester in a time and manner prescribed by Orange Municipal Code
Section 17.08.050.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
that Appeal No. 501-05 is hereby denied and that Mitigated Negative Declaration No. 1748-05
and Conditional Use Permit 2511-04 to allow the increase in enrollment from 75 students to
150 students in grades K-8, utilizing existing classrooms and grounds maintained by a church
located at 1130 East Walnut Avenue is hereby approved based on the following findings:
SECTION 1 - FINDINGS
1. A Conditional Use Permit shall be granted upon sound principles of land use
and in response to services required by the community.
An increase in the allowable maximum enrollment at the K-8 private school, will
result in providing additional educational choices close to residential development
providing alternatives for residents within the community as well as those that may
not reside in the City, but work within the City limits providing a response to the
services required by the community at large.
2. A Conditional Use Permit shall not be granted if it will cause deterioration of
bordering land uses or create special problems for the area in which it is
located.
The proj ect will not create deterioration of bordering residential uses because
conditions have been included to provide fence/wall improvements to a height of
eight (8) feet to address special problems related to the privacy of the adjacent
neighbors. Further, since the noise and traffic studies prepared and attached to
Mitigated Negative Declaration No. 1748-05 found that established thresholds were
less than significant, deterioration of bordering land uses is not anticipated to occur
with the increased enrollment as it relates to noise and traffic impacts.
3. A Conditional Use Permit shall be considered in relationship to its effects on the
community or neighborhood plan for the area in which it is located.
By altering the start and dismissal times for the instructional day with the proposed
increased enrollment, off-setting them one-half hour later than they are currently,
contributions to the peak surge on the roadways can be reduced, improving the
relationship of the proposal with the rest of the community. Additionally, restricting
special event use by the private school to be coordinated with the church and other
renters improves the relationship of the proposal with the rest of the community by
coordinating use of the facilities as they relate to available parking.
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4. A Conditional Use Permit, if granted, shall be made subject to those conditions
necessary to preserve the general welfare, not the individual welfare of any
particular applicant.
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The proposed project includes operational conditions as discussed above and
attached as described in Section 3 below in consideration of the general welfare over
the individual request ofthe private school to increase its enrollment.
SECTION 2 - ENVIRONMENTAL REVIEW
The Initial Study for Mitigated Negative Declaration No. 1748-05 was prepared in
conjunction with Conditional Use Permit No. 2511-04. After examining the Initial Study and
Mitigated Negative Declaration, including the mitigation measures incorporated herein as
conditions, the City Council finds that the proposed project could not have a significant effect
on the environment. Further, as a result of the public hearing, in accordance with Section
15074.1 of CEQA, the City Council deleted Mitigation Measure LUIP 3 (Condition No.7 of
this Resolution), substituting it with an equivalent Mitigation Measure LU/P 3 (Replacing
Condition No. 7 of this Resolution). The City Council also determined that the replacement
Mitigation Measure LUIP 3 in itself would not cause any potentially significant effect on the
environment. There is no evidence before the City Council of the City of Orange that the
proposed project will have any potentially adverse environmental impacts, 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 minimus impact in its effect on fish
and wildlife. Therefore, the City Council herein adopts Mitigated Negative Declaration No.
1748-05.
SECTION 3 - CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are to be imposed with
approval:
General
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1. Within two 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 determined that there will be no impact upon
wildlife resources, the fee shall be $43.00.
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.
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3. The applicant agrees to indemnify, hold hannless, and defend the City, it's
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.
4. The applicant shall provide by December 1 st of every year to the City the
Private School Affidavit" as prepared for the California Department of
Education.
5. Use of the play yard areas, lunch tables, and blacktop space, by the private
school is limited to a maximum of 55 students at anyone time during
instructional hours. (Mitigation Measure LU/P 1)
6. The private school shall ensure that a drop off/pick up procedure is distributed
and enforced to have a faculty-assisted student on-site loading and unloading
area, and a designated faculty driveway proctor to control the interface of
pedestrian crossing while vehicles enter/exit the driveways during
arrival/dismissal times ofthe instructional day. (Mitigation Measure LU/P 2)
7. Regular school day start and dismissal times for the hours of instruction at the
private school, during weekdays, shall be offset Y, hour in comparison with the
adjacent public elementary school. (Mitigation Measure LU/P 3)
8. Start time for the day care operation shall not be before 6:45 a.m. and children
shall be kept inside the buildings until at least 7:45 a.m.
9. The private school shall prepare a Traffic Management Plan incorporating the
Mitigation Measures LUIP 2 and 3 and submit such plan to the City's Traffic
Engineer for review and approval. Such Plan shall be provided to all parents at
the start of each school year and shall be enforced by the faculty.
10. The secondary access to Sycamore Avenue shall not be utilized by the private
school use of the subject property.
11. An eight (8) foot high masonry block wall shall be constructed by the Church
around the perimeter of the property. The construction of the wall will relieve
the Church from the obligation of installing landscaping and shrubs around the
perimeter of the property (Mitigation Measure LU/P 4). The constructed
height of the wall shall be measured from the ground level on the high side of
the Church's property. Along the east property line the wall will have several
steps to accommodate the change in grade. To insure privacy for the property
located at 1206 E. Walnut Avenue, the wall height shall be measured eight (8)
feet from the highest point along the shared property line fronting this property.
Along the south property line, the wall may have steps to accommodate grade
but shall be measured from high side of the Church property. The neighboring
property owners shall be required to cooperate with the Church in the filing of a
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variance for the enhanced wall height and contribute approximately $6,000.00 to
the construction of the wall. The wall shall be completely constructed and in
place three (3) months from the date of the adoption of this resolution.
12. The private school use of the property shall limit its use of the church facilities
for special events and functions based upon the amount of available parking.
When such special events are held on the play yard areas, they should conclude
by 8:00 p.m. and/or move to the interior of the church buildings. These
activities shall not be scheduled during the hours of church services of the
primary church use of the property or church services of the renters.
Code Provisions
The following Code proVISIOn is applicable to this project and is included for
information only. This is not a complete list, and other Code provisions may apply to the
project:
If not utilized, this proj ect approval expires two years from the approval date.
An extension of time may be permitted upon a written request, if received
before the expiration deadline.
ADOPTED this 25th day of October, 2005.
tk
Mark A. Murphy, May
ATTEST:
M"~~~~~g,
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 25th day of October, 2005, by the following
vote:
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AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: Cavecche
COUNCILMEMBERS: Ambriz
City Clerk, I y angeMaryE.
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