Item 37 - Appeal No. 2023-07 Denial of CUP No. 2023-18 Anchor Stone Christian Church: 2938 S. Daimler Street

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Anchor Stone Christian Church: 2938 S. Daimler Street November 21, 2023 Page 4 Subsequently, additional meetings were held between staff and the applicant so that the applicant could learn more about the site's General Plan land use designation. On May 2, 2023, the applicant indicated intent to proceed with the subject application. The applicant subsequently submitted the CUP application on July 24, 2023. Analysis of Appeal Pursuant to Section 41-645 of the SAMC an appeal from a decision of the Planning Commission can be made by an interested party, individual, or group. An appeal application was received by Anchor Stone Christian Church appealing the Planning Commission's decision to deny CUP No. 2023-18. The appellant is requesting that the City Council overturn the Planning Commission's decision and approve CUP No. 2023-18 based on five factors. These include concerns related to the General Plan consistency and statements regarding Federal law violations. The Planning Commission agenda packet prepared for the project contains all necessary information for the Planning Commission to evaluate the applicant's request and is provided as Exhibit 2 to this report. A copy of the submitted appeal application is provided as Exhibit 3, and a detailed analysis of and response to the five claims made in Appeal No. 2023-07 is provided as Exhibit 4. Planning Commission Determination Supporting Denial CUP requests are governed by Section 41-638 of the SAMC. CUPs may be granted when it can be shown that the proposed project will not adversely impact the community and General Plan. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make one or more of the requisite findings results in a denial. The proposed church, Anchor Stone Christian Church, currently operates in the City of Irvine. The applicant's request would allow the church to expand to the City of Santa Ana. The church would occupy a 3,843 square -foot tenant space previously occupied by an office use. The project site is located within an integrated professional office complex that is approximately 0.54 miles (2,851 feet) from the nearest sensitive land use. SAMC Section 41-638(a)(1) requires that all five of the specified findings of fact contained therein are satisfied before the Planning Commission may grant approval of a CUP, one of which is evaluating if the project will adversely affect the General Plan. The subject site's General Plan land use designation is Flex-3, which allows office/industrial flex spaces, research and development, and manufacturing corporate headquarters/campuses, and does not permit community assembly uses (e.g., churches) as a permissible use.