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HomeMy WebLinkAbout2006-02 • RESOLUTION NO. 2006-002 KO - 2/16/06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR ENVIRONMENTAL REVIEW NO. 2005-28 AND APPROVING CONDITIONAL USE PERMIT NO. 2005-33 AS CONDITIONED TO ALLOW THE EXPANSION OF FAIRHAVEN MEMORIAL CEMETERY TO THE PROPERTY LOCATED AT 1701 EAST FAIRHAVEN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2005-33 to allow the expansion of the existing cemetery operations to property owned • by Fairhaven located directly across the street on the north side of Fairhaven Avenue at 1701 East Fairhaven Avenue. B. Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 2005-28 and Conditional Use Permit No. 2005- 33 came before the City Council of the City of Santa Ana for a public hearing January 23, 2006. The Planning Commission closed the public hearing and continued the matter to February 13, 2006. C. The property is zoned General Agriculture (A1). Santa Ana Municipal Code Section 41-201.5 allows cemeteries, mausoleums and crematories as conditionally permitted uses within the Al zoning. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed project will expand an existing cemetery and • will provide additional internment space for the community. In addition, the extensive landscaping included in the project and its accessibility to the public will create apark-like Resolution No. 2006-002 Page 1 of 9 setting that will serve as a place of quiet contemplation and • open space which will provide a benefit to the surrounding community. Finally, the proposed project will construct a new public sidewalk on the south side of Fairhaven Avenue thereby improving pedestrian circulation and safety. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The potential environmental impacts of the proposed cemetery expansion have been analyzed through Mitigated Negative Declaration 2005-28 and it was determined that the proposed project would not result in any significant adverse environmental impacts. Based upon this analysis, the project will not cause any detrimental effects to the health, safety or general welfare of persons residing or working in the vicinity. In addition, the proposed project provides for extensive landscape setbacks on the northern perimeter adjacent to existing single family residential houses which will further serve to buffer the facility from the existing homes. By their nature, cemeteries are quiet, low intensity facilities that, if operated according to stringent State standards for proper internment practices, do not pose significant health threats to those who reside near, work in or visit them. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The existing cemetery, Fairhaven Memorial Park, was originally established in 1911 and is one of the oldest and most respected cemeteries in Orange County. The proposed expansion of the facility will further enhance the business operation of the cemetery and provide for its long- term economic success thereby providing a very stable use for the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? The project has been designed to comply with the City's design and development standards for a cemetery and will be in compliance with the regulations established in Chapter . 41 of the Santa Ana Municipal Code. Resolution No. 2006-002 Page 2 of 9 5. Will the proposed use adversely affect the General Plan or any • specific plan of the City? The proposed project is consistent with the General Plan land use designation of Open Space, which anticipates cemetery uses. The proposed construction of approximately 12,596 square feet of mausoleum and chapel space is well below the amount of square footage that could be constructed on the site per the Open Space FAR of 0.2. The property, zoned General Agriculture (A1), allows cemeteries, mausoleums and crematories as conditionally permitted uses within the Al zoning district (SAMC Sec. 41-201.5). The proposed project meets or exceeds all of the City's development standards. Based upon this analysis the proposed use will not adversely affect the General Plan or any specific plan of the City. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program, Environmental Review No. 2005-28, prepared with respect to this Project. The Planning Commission has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA • Guidelines, a mitigation negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Planning Commission finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The Planning Commission hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the Planning Commission has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2005-33 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the abovesaid hearing, which • includes but is not limited to: the Request for Planning Commission Action dated Resolution No. 2006-002 Page 3 of 9 February 13, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of February, 2006 by the following vote: AYES: Commissioners: Betancourt, Cribb, De La Torre, Gartner, Leo, Lutz (6) NOES: Commissioners: None (0) ABSENT: Commissioners ABSTENTIONS: Commissioners Rodriguez (1) None (0) ~~ ~ ~, Christop r Leo Chairman • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By:~ Kylee O. Ot Assistant C y Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY • I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2006-002 to be the original. resolution adopted by the Planning Commission of the City of Santa Ana on February 13, 2006. Date: ~ r~{~-Ql~ Planning Commission Secret City of Santa Ana Resolution No. 2006-002 Page 4 of 9 Conditions for Approval for Conditional Use Permit No. 2005-33 • Conditional Use Permit No. 2005-33 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division The project shall remain in compliance with Site Plan Review DP No. 2005- 20. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The vehicular accent paving at the primary project entry on Fairhaven Avenue shall be constructed of integrally-colored concrete with a decorative scoring pattern. A plan detailing the final materials and design for the entry treatment will be submitted to the Planning Manager for review and approval prior to issuance of building permits. 4. The peaked roof architectural features on the community mausoleum buildings shall be structurally integrated into the structures as part of the roof and shall not be parapet-style additions to the facade. 5. The new perimeter fence along Fairhaven Avenue shall match the existing decorative North Garden fence with the exception that the pilasters will be constructed with a stone veneer to match the proposed stone veneer on the community mausoleum buildings. 6. The landscape palette shall include pine trees of the species Pinus canariensis (Canary Island Pine) and Pinus halepensis (Aleppo Pine). Said trees shall be a minimum of 48 inches box in size. The landscape palette shall also include olive trees (Olea europaea) of a no-or-low fruit bearing variety. Said trees shall be a minimum of 48 inches box in size. A • revised landscaping plan indicating the location of the trees shall be Resolution No. 2006-002 Exhibit A Page 5 of 9 Page 1 of 4 r~ ~J 7. submitted to the Planning Manager for review and approval prior to issuance of building permits. 8. The landscape plan shall include a water feature at the primary entry off of Fairhaven Avenue. The final design of the water feature, conceptually approved by the Planning Commission at their meeting of February 13, 2006, shall be detailed on the revised landscaping plan and submitted to the Planning Manager for review and approval prior to issuance of building permits. 9. The mosaics on the community mausoleum shall be redesigned to depict scenes of nature and the outdoors. Renderings depicting the final design of the mosaics shall be submitted to the Planning Manager for review and approval prior to issuance of building permits. Mitigation Measures 10. Grading plans and construction plans for the proposed project shall reflect the following notes: • a. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. b. All clearing and earthwork activities shall cease during periods of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. c. Streets surrounding the project site should be cleaned at the end of each day of construction. d. All material transported off site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. e. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 11. In the event unknown cultural resources are encountered during construction operations, all construction activity near the finding shall halt and the City's Environmental Coordinator shall be contacted for appropriate action. 12. Prior to the issuance of grading permits the project applicant shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes: a. A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number. b. Two copies of the Storm Water Pollution Prevention Plan. Exhibit A Page 2 of 4 Resolution No. 2006-002 Page 6 of 9 13. Prior to issuance of grading permits, the project applicant shall prepare a • Water Quality Management Plan that includes the following: a. Site Assessment b. Site Design BMPs c. Applicable Routine Source Control BMPs d. Mechanisms by which funding for long term operation and maintenance of all structural BMPs will be provided. e. Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable structural BMPs and to identify the entity in charge of implementation 14. Prior to issuance of grading permits, the project applicant shall submit and have approved a surface drainage/utility plan that depicts all applicable Site Design, Structural Source Control and Treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana Local Implementation Plan. 15. Prior to issuance of grading permits the project applicant shall provide payment for the Federal Clean Water Protection Enterprise Fee. 16. Grading Plans and Building Plans for the proposed project shall note "Construction activities on the project site shall only take place between the • hours of 7:00 a.m. to 8:00 p.m. Monday Through Saturday and no construction activity shall take place on Sundays or federal holidays." 17. Grading Plans and Building Plans for the proposed project shall note "No construction equipment on the project site shall operate, including warming up, until after 7:00 a.m." 18. Grading Plans and Building Plans for the proposed project shall note "All construction equipment shall be properly maintained and tuned to minimize noise emissions and all equipment shall be fitted with properly operating mufflers and air intake silencers." 19. Grading Plans and Building Plans for the proposed project shall note "Stockpiling and vehicle staging areas shall be located away from existing residential uses." B. Police Department The cemetery may operate only during the hours between sunrise and dusk and will otherwise be closed to public access thereby obviating the need for parking lot lighting. • Resolution No. 2006-002 Exhibit A Page 7 of 9 Page 3 of 4 2. Each building will have eave lighting for security purposes, though no wall- . packs, or other light which may create spillover effects into the adjacent residential neighborhood, may be permitted. 3. The applicant, Fairhaven Memorial Park, pursuant to California Vehicle Code section 21100 shall provide the Chief of Police or his designate for review and approval a proposed program of instruction in the enforcement of traffic law for contracted personnel. That program shall be specifically designed for the security company designated to conduct those duties at the Memorial Park. In addition to the training program, the security guard company must be approved by the Chief of Police. During events where guests will be crossing Fairhaven Avenue the approved uniformed security guards, in a number sufficient to achieve traffic control, will direct pedestrians to safely cross Fairhaven Avenue. At each service requiring traffic control the management of Fairhaven Memorial shall notice the on duty Watch Commander of the Santa Ana Police Department of their intent to control traffic and shall specify the number of guards deployed. The approved guards shall be present during the entirety of the service in order to provide for safe pedestrian crossing and to control and direct traffic as needed. Any sworn representative from either the Police or Fire Departments has the ability to evaluate and observe the guard's performance and recommend additional training and or changes in the way the traffic control is being performed if necessary to ensure the safety of drivers and pedestrians. The Chief of Police or his designate, including both sworn police officers or firefighters, reserves the right to revoke this condition, temporarily or permanently, if they observe the traffic control being handled in an unsafe manner. Significant special events which may impact traffic at other intersections other than Columbine and Fairhaven will be required to be handled by the Santa Ana Police Department's Traffic Division. Fairhaven Memorial will be responsible for those costs. Exhibit A Resolution No. 2006-002 Page 4 of 4 Page 8 of 9 ,. PROOF OF SERVICE • (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2"d Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2006-002 (Conditional Use Permit No. 2005-33) on this action by p acing a true copy t ereof enclosed in sealed envelopes addressed as follows: Marla Noel Fairhaven Memorial Park 1702 Fairhaven Avenue Santa Ana, CA 92705 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and • processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 28, 2006 at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2006-002 Page 9 of 9