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RESOLUTION NO. 2023-XX <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA DENYING APPEAL NO. 2023-07 AND <br />UPHOLDING THE DETERMINATION OF THE PLANNING <br />COMMISSION TO DENY CONDITIONAL USE PERMIT NO. <br />2023-18 TO ALLOW AN ASSEMBLY USE TO OPERATE AT <br />2938 SOUTH DAIMLER STREET <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines, <br />and declares as follows: <br />A. Property Owner Anchor Stone Christian Church (Applicant) is requesting <br />approval of Conditional Use Permit (CUP) No. 2023-18 to allow an assembly <br />use to operate at an existing office space located at 2938 South Daimler Street. <br />B. Pursuant to Section 41-313.5(n) of the Santa Ana Municipal Code (SAMC), <br />assembly uses such as churches located in the P zoning district require <br />approval of a CUP. <br />C. Pursuant to SAMC Section 41-638(a)(1), the Planning Commission shall grant <br />approval of a CUP only if all five of the specified findings of fact contained <br />therein are satisfied. <br />D. On July 18, 2022, the Applicant acquired the site located at 2938 South <br />Daimler Street, prior to contacting City of Santa Ana staff to ensure the <br />proposed use would be allowed subject to General Plan land use consistency, <br />zoning laws, and land use requirements. <br />E. The Applicant did not engage with the City regarding the permissibility of their <br />proposed assembly use on the Property. It is a fundamental responsibility of <br />any party seeking to establish a new use, to proactively seek clarity on the <br />regulatory and zoning requirements from City staff. This proactive approach <br />involves consulting with relevant municipal departments, understanding the <br />jurisdiction's General Plan and zoning ordinances, and ensuring alignment with <br />the City's land use policies. <br />F. Alternative General Plan land use designations such as General Commercial <br />(GC) and its accompanying zoning districts allow for retail and service <br />establishments; recreational, cultural, and entertainment uses; business and <br />professional offices; and vocational schools, among which recreational, <br />cultural, and entertainment uses provide for community assembly such as <br />religious facilities. <br />Resolution No. 2023-XX <br />Page 1 of 8 <br />