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RES-9719 Denying Appeal 489-02 & Approving Revised Mitigated Negative DeclarationRESOLUTION NO. 9719 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DENYING APPEAL NO. 489-02 AND APPROVING REVISED MITIGATED NEGATIVE DECLARATION NO, 1692-02 AND CONDITIONAL USE PERMIT NO, 2410-02 TO ALLOW THE EXPANSION OF THE ST. PAUL'S LUTHERAN SCHOOL CAMPUS LOCATED AT 901 EAST HElM AVENUE, THE PROPERTY IS ZONED SINGLE-FAMILY RESIDENTIAL (Rl- 7) AND DESIGNATED PUBLIC FACILITIES- SCHOOL (PF-S) ON THE GENERAL PLAN LAND USE MAP.APPELLANTS: REGIS AND LESLIE FAUQUET AND CUTBERTO AND SUSAN CARBAHAL WHEREAS, Conditional Use Permit No. 2410-02 was filed by St. Paul's Lutheran School in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Conditional Use Permit No. 2410- 02 was processed in the time and manner pres.cribed by state and local law; and WHEREAS, Revised Mitigated Negative Declaration No. 1692-02 was prepared for Conditional Use Permit No. 2410-02 in accordance with the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15070 et seq.; and WHEREAS, on April 24, 2002, May 8, 2002, and October 23, 2002 the Staff Review Committee reviewed the St. Paul' s Lutheran School expansion plan proposal and on October 23, 2002 recommended that the project proceed subject to conditions; and WHEREAS, on May 22, 2002 the Design Review Committee reviewed the design ofthe building and landscaping associated with the Conditional Use Permit and recommended that the project proceed subject to conditions; and WHEREAS, the Planning Commission conducted two duly advertised public hearings on June 17,2002 and November 18, 2002 at which time interested persons had an opportunity to testify either in support of or opposition to Mitigated Negative Declaration No. 1692-02, Revised Mitigated Negative Declaration No. 1692-02 PARCEL 1: THE EAST 186.95 FEET OF LOT 2 OF THE FRSOTLESS BELT TRACT, AS SHOWN ON A MAP RECORDED IN BOOD 8, PAGE 83 OF MISCELLANEOUS ~ MPcPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: THE EAST 186.95 FEET OF LOT 3 OF THE FROSTLESS BELT TRACT, AS SHOWN ON A MAP RECORDED ON BOOD 8, PAGE 83 OF MISCELLANEOUS MPcPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE SOUTH 30 FEET FOR ANAHEIM AVENUE. PARCEL 3: LOT 4, FROSTLESS BELT TRACT, AS SHOWN ON A MAP RECORDED IN BOOD 8, JPAGE 83 OF MISCELLANEOUS MAPS, RECORDS OR ORANGE COUNTY, CALFIRONIA. EXCEPTING THEREFORM THE FOLLOWING: BEGINNING AT THE SOUTHWEST CORNER OF LOT 4; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 4, 60 FEET; THENCE NORTHERLY PARALLEL WITH THE WESTERLY LINEOF SAID LOT 4, 100 FEET; THENCE WESTERLY PARALLEL \\>1TH THE SOUTHERLY LINE OF SAID LOT 4, 60 FEET; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 4 TO THE POINT OF BEGINNING. PARCEL 4: BEGlNNlNG AT THE SOUTHWEST CORNER OF LOT 4 OF THE FROSTLESS BELT TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 8, PAGE 83 OF MISCELLANEIOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; RUNNING THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 4, 60 FEET; THENCE NORTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID LOT 4, 100 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTEHRL Y LINE OF SAID LOT 4, 60 FEET; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 4 TO THE POINT OF BEGINNING. and; 2 WHEREAS, the Planning Commission adopted and approved Revised Mitigated Negative Declaration No. 1692-02 and Conditional Use Permit No. 2410-02 at it's meeting on November 18, 2002; and WHEREAS, Appeal No. 489-02, appealing the approval of the Planning Commission was timely filed and processed in the manner prescribed by the Orange Municipal Code; and WHEREAS, the City Council conducted two duly advertised public hearings on January 28, 2003 and February 25, 2003, for the purpose of considering Revised Mitigated Negative Declaration No. 1692-02 and Conditional Use Permit No. 2410-02.NOW, THEREFORE, BE IT RESOL VED by the City Council of the City of Orange that Appeal No. 489-02 is hereby denied and Revised Mitigated Negative Declaration No.1692-02 and Conditional Use Permit No. 2410-02 to allow the expansion of the St. Paul's Lutheran School campus, including the construction of a 2,100 square foot kindergarten building addition, new 11,913 square foot new classroom building, 13,685 square foot gymnasium/multi-purpose facility, and outdoor recreation and athletic facility modifications is hereby approved based on the following findings:SECTION 1 - FINDINGS Mitieated Neeative Declaration I. That there is no evidence before the City of Orange that the proposed school expansion plan will have any potential for adverse affects, 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 minimis impact in its effect on fish and wildlife 2. That the City of Orange has made required findings pursuant to CEQA as set forth in Section 2 below.3.That 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 Revised Mitigated Negative Declaration No. 1692-02 and Conditional Use Permit No.2410- 02, staffs oral presentation, public testimony, and Commissioner and Council comments which constituted the Conditional Use Permit 4.Conditional Use Permit No. 2410-02 is granted upon sound principles of land use and in response to services required by the community in that the proposed project is consistent with the General Plan land use designation of Public Facilities-School, which is intended to accommodate schools. It is also consistent with the development standards of the Single- Family Residential (RI-7) zone in which the project is located being in compliance with the setback and height limitations of the zone, as well as being a permitted use within the zone.The expanded school facilities will provide expanded educational opportunities for Orange families and school children.5. With adoption of conditions related to traffic management and parking, the trash enclosure location, nighttime activities, and outside use of the gymnasium/multi-purpose facility as specified in Finding NO.7 below, project implementation will not cause deterioration of bordering land uses or create special problems for the neighborhood surrounding the St. Paul's Lutheran School campus.6. Conditional Use Permit No. 2410-02 has been considered in relationship to its effect on the community and the City of Orange General Plan in that the project is consistent with the General Plan land use designation of the site as Public Facilities-School, which is intended to accommodate schools. Potential effects on the community associated with parking, traffic, and noise have been addressed in the conditions of approval and mitigation measures contained in Revised Mitigated Negative Declaration No. 1692-02. The conditions and mitigation measures are intended to minimize or eliminate potential adverse effects.7. Conditional Use Permit No. 2410-02 is granted subject to conditions of approval requiring the use of the hard surface play areas for overflow parking associated with special events, the elimination of the gate at the north side of the campus that presently provides pedestrian access from Dunfield Street, submittal of a written traffic management plan to document the monitoring and operation of the parking lot and pick-up/drop-off areas at the beginning and end of the school day, application for special event permits through the City, the development of parking and traffic information for distribution to parents, relocation of the trash enclosure, limitations on the use of the gymnasium by outside schools, and the conducting of late- or ovemight school activities indoors. The conditions are intended to improve existing problem conditions and avoid future problems associated with the growth of the school.SECTION 2 - ENVIRONMENTAL REVIEW Revised Mitigated Negative Declaration No. 1692-02 was prepared in conjunction with Conditionall Use Permit Declaration, the City Council finds that any potential significant adverse impacts can be mitigated to a level of insignificance. SECTION 3- CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed with approval: General I. All construction shall conform in substance and be maintained in general conformance with plans labeled Exhibit A (dated November 18, 2002 for identification purposes) as approved by the City Council. Further, exterior building modifications shall conform with the color and materials board submitted to and approved by the Design Review Committee on May 22, 2002.Any changes to the exterior of the building initially, or at any time in the future,shall be subject to review and approval by the Community Development Director. 2. The applicant agrees to indenmifY, 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.3. 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.4. Within two (2) days of final approval of this project, the applicant shall deliver to the Planning Division a cashiers check payable to the 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 $43.00.5. The applicant shall utilize the hard surface play areas for overflow parking for Annual Campus Events such as sports toumaments, special performances,graduation, etc. Parents shall be provided with parking information at least two weeks prior to the event. A copy of that information shall also be provided to the Community Development Director two weeks prior to the event.6. The St. Paul's Lutheran School principal shall notifY residents within 300 feet of the St. Paul's campus of Annual Campus Events at least one month prior to the 5 event. A copy of this notification shall be provided to the Community Development Director at the time it is distributed to the residents. 7. The leasing or other use of the gymnasium/multi-purpose facility by schools other than St. Paul's Lutheran School or for activities not involving St. Paul' s Lutheran School students is prohibited.8. The applicant shall conduct any special activities involving late-or ovemight use of the campus indoors between the hours of I 0:00 p.m. and 7:00 a.m.9. The applicant shall install two City-approved streetlights along the school's street frontage in the public right-of-way of a style and location determined in consultation with the Public Works Department prior to the issuance of building permits for Phase 1.Environmental 10. The applicant/contractor shall water the site as necessary during demolition and construction to prevent a visible dust cloud from exceeding 100 feet from the disturbance area. (Mitigation Measure AQ-l)11. The contractor shall utilize low-emission mobile construction equipment when feasible during construction. (Mitigation Measure AQ-2)12. The applicant shall submit a cultural resources records search prepared by a qualified cultural resources consultant for the proposed project site. The records search shall be reviewed by the Community Development Director, or designee,prior to the issuance of grading permits. (Mitigation Measure CR-l)13.The applicant shall retain a certified archaeologist to monitor the project site during grading. Written verification of the monitoring arrangements shall be provided to the Community Development Director, or designee, for review and approval prior to the issuance of grading permits. If curried cultural material is encountered during construction, the contractor shall immediately stop work in the area. Work shall be halted until the applicant can retain a qualified archeologist, and the nature and significance of the find is determined. If significant archaeological materials are found, they shall be salvaged and collected in compliance with all applicable regulations, and shall be sent to a designated museum or agency. (Mitigation Measure CR-2)14. High occupancy facilities, critical structures, and utilities shall be designed to sustain minimum damage and to continue to function during emergency situations. This shall be demonstrated to the satisfaction of the Building Division prior to theissuance of building permits ( General 15.The applicant shall prepare a grading plan that demonstrates that site run-off will be diverted from adjacent properties and appropriately directed to the street and/or storm drain system in accordance with City standards. This shall be verified by the Public Works Department prior to the issuance of grading permits. (Mitigation Measure H- l)16. The contractor shall employ Best Management Practices (BMPs) in conformance with Regional Water Quality Control Board standards for the containment of debris, chemicals, and solvents for the duration of any demolition or construction activities. The contractor shall provide the City with written documentation of proposed BMPs to control stormwater pollution for review and approval by the Public Works Department prior to the issuance of building permits. (Mitigation Measure H-2)17. New exterior speakers installed in conjunction with the expansion of the school's public address system shall be directed toward the center of campus,away from adjacent residential properties. The volume of the speakers shall comply with City noise standards. Noise measurements shall be documented in writing for review and acceptance by the Community Development Director or designee prior to the building permit final for the new classroom building.Mitigation Measure N-l)18. The applicant shall not utilize electronically amplified sound for performances or presentations occurring in the amphitheater at the east end of the gymnasium/multi-purpose facility for the life of the project. (Mitigation Measure N-2)19. The applicant in coordination with the contractor shall ensure that demolition and construction activities comply with the following requirements:a. All construction vehicles or equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers.b. All operations shall comply with City ordinances with respect to hours of construction activity to minimize noise impacts.c.During construction, best efforts shall be made to locate stockpiling and/or vehicle staging areas as far as practicable from surrounding residences. 20. The applicant shall prepare a congestion management plan for City review and approval prior to the issuance of building permits. This plan shall include the following components:Specific provisions for construction-related traffic and phasing; Specific provisions for drop-off and pick- up activities;School staff to facilitate movement into and out of the drop-ofl7pick-up zone,and control internal vehicle circulation;School staff monitoring of drop-ofl7pick-up activity at the St. James gate into the campus to ensure that the gate is used for pedestrian access, and parent vehicles are directed to the Heim Avenue entrance to the school for student drop-off and pick-up;The specific timeframes the St. James gate will be open at the start and end of the school day, with the gate closed and locked the remainder of the day;Faculty/staff shall be encouraged to arrive before 8: 00 a. m. and leave after 3:15 p.m.;Specific provisions for special event parking including, but not limited to, the use of on-campus recreation areas for overflow parking; and,Enforcement mechanisms to ensure parent cooperation and participation in the school's parking and traffic management efforts;Provisions and/ or incentives to encourage faculty, staff, and student carpooling.The Public Works Director or his designee, in coordination with the Police Department and Community Development Department, shall confirm the adequacy of the plan. (Mitigation Measure T-t)21. The applicant shall prepare drop-off and pick-up information for distribution to parents of all students prior to the beginning of each school year. A draft of this notice shall be reviewed and approved by the Community Development Director and Public Works Director or their designees, in coordination with the Police Department, prior to parent distribution. (Mitigation Measure T -2)Desien Review 22. Prior to the issuance of building permits for Phases I and II the applicant shall: a.Submit final site and landscape plans to the Design Review Committee for review and approval. These final plans shall be revised to retain the maximum number of existing trees in front of the school as possible. All street trees shall be Jacarandas unless deemed unacceptable by the City's Street Tree Supervisor, in which case the street trees shall be consistent for the entire frontage of the school. The final landscape and b. Submit a final design of the gymnasium/multi-purpose building indicating that the rooftop equipment will be screened from view.23.Any new school identification signage shall be reviewed and approved by the Design Review Committee prior to the issuance of signpermits. Water 24. The developer shall satisfY all water main connection, plan check, and inspection charges as determined by the Water Division prior to the issuance of building permits. 25. The applicant shall work with both the Water Division and the Fire Department to determine the appropriate location of fire services and public fire hydrants. The Water Division and Fire Department shall approve these locations prior to the issuance of building permits. 26. The developer shall provide material submittals for all proposed Public Water Facilities to the Water Division for approval prior to approval of the water plan. 27. The applicant shall work with the residents on North Dunbar Street to replace existing walls and fences with a uniform wall and appropriate landscaping to buffer the gymnasium and parking lot from the neighborhood, if agreeable to the residents. City Council Conditions 28. The student capacity of St. Paul's Lutheran School shall be limited to 594 students. 29. Grade levels at St. Paul's Lutheran School shall be limited to kindergarten through eighth grade, with no more than three (3) classrooms per grade. 30.The applicant shall work with neighbors toward completing a continuous block wall along the west property line of the school campus. Existing fences shall be replaced at the applicant's expense with a maximum six (6) foot high wall unless written documentation is provided to the Community Development Director indicating that the property owner adjacent to the school has declined the wall. All wall segments shall be completed prior to the issuance of the Certificate of Occupancy for the kindergarten expansion (Phase 1). 31. The following changes to the Traffic Management Program shall be considered:add a sidewalk along the west property line wall, move the faculty parking in the center aisle, increase the drop off zone from the southern most part of the handicap parking area to the top of the tuming radius, and raise the sidewalk in 9 the center of the parking area. Staff, consisting of the Public Works Director or his designee, in coordination with the Community Development Department, shall have final authority to determine if the changes shall be incorporated into the final Traffic Management Program. 32. Trees or other suitable landscape screening shall be added adjacent to the basketball court area at the east property line. 33. The Traffic Management Program, including the Good Neighbor Policy, shall come back to the City Council for review 12 months after the date of the Building Permit issuance, with an infornlational report to Council after consideration by staff. The Council can decide whether or not they wish to review the report each year. 34. The list of after school events and any changes are to come back as part of the yearly review. Code Provisions The following Code provisions are applicable to this project and are included for information only. This is not a complete list and other Code provisions may apply to the project: An approved fire sprinkler system must be installed throughout the building per O.M.C. 15.32.070 Section 1001.10. The system shall be designed per N.F.P.A. 13, U.B.C. Chapter 9, U.B.C. Standards 9-1 and 9-2. The sprinkler system requires 24-hour supervision.When fire sprinkler systems are required in buildings of undetermined use, they shall be designed and installed to have a sprinkler density of not less than that required for an Ordinary Hazard Group 2 use with a minimum design area of 3, 000 square feet.The Fire Department cOIDlection 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 ofthe street as the Fire Department connection.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.1.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 The number and location of hydrants shall be determined by Fire and Water Departments. 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.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. U.F.C. Sections 901 and 902.The installation of gates, traffic calming methods and speed humps or bumps shall be reviewed by the Fire Department prior to installation.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.The applicant shall provide a secondary emergency access that is built and maintained in accordance with D.F.C. Sections 901 and 902.The applicant shall provide dead-end fire apparatus access roads in excess of 150 feet in length with approved provisions for the turning around of fire apparatus. Dead-end Fire Department access roads shall not exceed 600 feet.The Fire Department access roadway shall be an all weather driving surface capable of supporting the imposed loads of fire apparatus, 20, 000 pounds per axle. The access shall be designed for a three-axle vehicle. ( Engine Weight 36,050 and Truck weight 54,000 pounds) D.F.C. Section 902.2. 2.2.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.Provide a fire alarm system as required per D.F.C. Article 10. An Approved monitoring system is required if the sprinkler system has more than 100 sprinkler heads.Fire facility fees will be required. ADOPTED the 8th day of April, 2003. ATTEST: d-Cassandra J. Cat , CIty Clerk, CIty 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 8th day of April, 2003,by the following vote:AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Alvarez, Murphy, Coontz,COUNCILMEMBERS: Ambriz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: None 7__ Cassandra J. Cath , CIty Clerk, CIty of Orange 12