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 6 of 19 for the project, the church and school campus maintain a shared access agreement with the Armenian Center that allows use of the site for student pick-up and drop-off operations. The shared access agreement optimizes on-site circulation, distributes vehicle activity between two access points, and minimizes queuing along McFadden Avenue. The pick-up and drop-off operations do not interfere with the Armenian Center’s hours of operation, as the center primarily operates during evening hours and weekends when school-related traffic is not present. Limited Public Participation at The Hearing and Imbalanced Hearing Structure and Limited Opposition Time – The Planning Commission public hearing 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. Moreover, the appellant submitted a written public comment that was distributed to the Planning Commission members for consideration and was provided the standard three (3) minutes to share public comment in real time during the public hearing. The timed public comment and structure of the meeting complied with all aspects of Brown Act. The court case Ribakoff v. City of Long Beach, et al established that three (3) minutes is a reasonable time for public comment while additional time can be allotted to staff, the applicant, and other subject matter experts to present and answer project related matters. Predetermined Outcome – The appellant has provided no substantive proof or evidence beyond this statement that the outcome of the Planning Commission’s consideration was predetermined. All staff reports and exhibits presented to the Planning Commission and/or City Council are thoroughly reviewed by City staff prior to making a recommendation. The proposed project underwent a development project review application, where various relevant elements were reviewed prior to staff recommending approval of the project. When staff determines a project has complied with all applicable codes (i.e., zoning code, development standards, California building code, CEQA and CEQA Guidelines, Orange County Fire Authority regulations, etc.) the staff report is drafted with the approval recommendation for the Commission to review. As such, the CEQA determination was included as part of the staff report recommending that the Planning Commission approve the project to ensure that if the voting body votes to approve a project, the project can demonstrate that it was thoroughly reviewed.