Item 18 - Appeal Application of Conditional Use Permit to Allow the Expansion of a Private School

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Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue) Exhibit 6 – Response to Appeal Comments Page 2 of 19 Notice Irregularities – The public notice contained all the necessary information that is legally required as it followed the City’s standard template for all public notices. The legally required information on the public notice served its intended purpose as the appellant was able to attend and participate during the Planning Commission public hearing that took place on October 27, 2025. A Copy of the public notice is attached to Exhibit 3 of Appeal Application No. 2025-02. The appellant’s claim states that the public notice hearing received was addressed to the occupant of the property and it referenced CUP No. 2025-21, rather than CUP No. 1982-18-MOD-1, which contributed to the appellant disregarding the notice. The information listed on the envelope used a number initially assigned to the submitted CUP application that is used internally for land use management and permit record purposes. Additionally, the information referenced on the envelope is used for mailing purposes only. Public notices are mailed out to property owners and occupants/tenants. . Limited Access Time for Public Review – The agenda packet for the proposed project was posted in accordance with all applicable laws. Furthermore, the public was afforded 72 hours to access and review the public hearing agenda for the Planning Commission meeting that took place on October 27, 2025 pursuant to Section 2-150 of the Santa Ana Municipal Code (SAMC) and California Government Code Section 65090. The notice included the project address, the project’s applicant and property owner names, a brief project description, the environmental impact determination, the public hearing meeting details, information regarding where to submit written comments for the project, and the contact information for the case planner who assists with project specific related questions. Unsolicited Purchase Offer to The Only R-1 Residence Sharing A Direct Boundary with The Applicant’s Institutional Property – The City bears no responsibility for the applicant’s decision or actions in presenting a cash offer to purchase the property. This matter constitutes a private civil dispute between the respective property owners. Complexity of Materials and Burden Shift to The Public – The documents presented for the proposed school expansion at 5311 W. McFadden Avenue are consistent with the materials presented for any project of similar complexity and included a staff report, Planning Commission resolution, vicinity zoning and aerial map, site photos, site plan, floor plan, elevations, focused traffic study, parking