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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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11/29/2023 2:15:24 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
37
Date
11/21/2023
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Anchor Stone Christian Church: 2938 S. Daimler Street <br />November 21, 2023 <br />Page 6 <br />Background on the General Plan <br />The General Plan Update (GPU) was adopted in April 2022 after a seven-year effort of <br />extensive community participation. In the pursuit of updating the General Plan, a <br />comprehensive and inclusive approach involving numerous engagement efforts and <br />interactions with the community was taken. The initiative began with over 60 community <br />meetings and workshops, where residents, business leaders, and community <br />stakeholders provided perspectives for the future vision of the community, including its <br />land use plan in the Land Use Element. Individual community workshops were <br />organized for the Five Focus areas identified, attracting the participation of hundreds of <br />individuals. <br />In addition, an online survey was circulated and received over 650 individual responses <br />collecting input for the General Plan. The outreach effort also involved sending <br />approximately 44,000 direct mailers to property owners and tenants in the Focus Areas, <br />multilingual videos, and a dedicated webpage, providing ongoing updates on the <br />process, related documents, and resources on Environmental Justice. Furthermore, <br />engagement with the Planning Commission and City Council involved multiple study <br />sessions and one-on-one meetings providing in-depth discussions and insights <br />facilitating discussions at the municipal level and allowing for an informed and inclusive <br />decision -making throughout 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 <br />and allowable uses are as follows: <br />
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