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Item 37 - Appeal No. 2023-07 Denial of CUP No. 2023-18 Anchor Stone Christian Church: 2938 S. Daimler Street
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Item 37 - Appeal No. 2023-07 Denial of CUP No. 2023-18 Anchor Stone Christian Church: 2938 S. Daimler Street
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11/29/2023 3:45:43 PM
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Agenda Packet
Agency
Planning & Building
Item #
37
Date
11/21/2023
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CUP No. 2023-18 — Anchor Stone Christian Church (2938 S. Daimler Street) <br />September 11, 2023 <br />Page 4 <br />related documents, and resources on Environmental Justice. Furthermore, engagement <br />with the Planning Commission and City Council involved multiple study sessions and one- <br />on-one meetings providing in-depth discussions and insights facilitating discussions at <br />the municipal level and allowing for an informed and inclusive decision -making throughout <br />the GPU process. <br />These engagement efforts resulted in the crafting of the land use plan within the Land <br />Use Element that reflects the community's visions for Santa Ana's growth and <br />development citywide. The updated Land Use Element of the General Plan reflects and <br />sets the community's land use and development policies and a vision for future <br />development of the City. When considering projects of a discretionary nature, such as a <br />CUP required for the proposed use, consistency with the General Plan must be <br />established in order to satisfy the finding of fact that proposed uses will not have an <br />adverse effect on the General Plan. <br />General Plan Land Use Designation <br />In reviewing the proposed discretionary approval request, staff evaluates the project <br />against the five findings of fact codified in SAMC Section 41-638(a)(1), including <br />consistency with the General Plan. Requiring consistency of a CUP with a local <br />jurisdiction's general plan is well established by California case law. The California <br />Supreme Court and Court of Appeal have consistently found that the discretionary <br />approval of a CUP must be consistent with a general plan (Neighborhood Action Group <br />v. County of Calaveras, 156 Cal. App. 3d 1176, 1185 (1984)), and that the general plan <br />is atop the hierarchy of local government land use law, acting as a constitution for all <br />future developments. (DeVita v. Cty. of Napa, 9 Cal. 4th 763, 773 (1995); citing <br />Neighborhood Action Group, 156 Cal.App.3d at 1183.). <br />The General Plan Land Use Element land use designation describes the site's Flex-3 and <br />allowable uses are as follows: <br />The Industrial/Flex designation is intended to provide context -appropriate <br />development in areas with existing industrial uses. When adjacent to <br />existing residential neighborhoods, this designation can provide a buffer <br />between homes and traditional industrial uses. When adjacent to urban - <br />scale mixed -use development, this designation is more free to emphasize <br />significant employment opportunities. <br />Industrial/Flex allows for clean industrial uses that do not produce significant <br />air pollutants, noise, or other nuisances typically associated with industrial <br />uses, including office -industrial flex spaces, small-scale clean <br />manufacturing, research and development and multilevel corporate offices, <br />9/11 /2023 <br />Planning Commission 1-4 <br />
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