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) February 3, 2026 Page 2 5 4 9 2 Permit (CUP) No. 1982-18-MOD-1 to modify previous entitlement CUP No. 1982-18, allowing a church and private school uses. The approved entitlements for the site included Variance No. 1982-20 for a reduction in overall required parking. Rev. Fr. Bedourian requested the modification of CUP No. 1982-18 to facilitate the construction of a new building to modify and expand the existing private school operations at 5311 W. McFadden Avenue (“Project”). Pursuant to Section 41-232.5(c) of the Santa Ana Municipal Code (SAMC), private schools located in the Single-family Residence (R1) zoning district require approval of a CUP. Moreover, pursuant to Section 41-649, any modification of an approved CUP shall necessitate the refiling of a new application. Staff recommended approval of the original request because it deemed that the project met and satisfied all five of the specified findings of fact required by SAMC Section 41- 638(a)(1) for approval of a CUP. Pursuant to SAMC Section 41-638(a)(1), approval of a CUP is contingent on all five of the specified findings of fact contained therein being satisfied. Planning Commission Action and Background On October 27, 2025, the Planning Commission received a report and staff presentation, as well as public comments, during a public hearing for the proposed Project. Following staff’s presentation, the Planning Commission took comments from the public, including the appellant, on the proposed Project. Following staff’s analysis and recommendation, the Commission voted 6:1 (Ayes: Commissioners Benninger, Escamilla, Oliva, Pham, Ramos, and Woo; Absent: Leo) to adopt a resolution approving CUP No. 1982-18-MOD- 1. On November 5, 2025, appellant Anthony Gutierrez (“Appellant”), on behalf of the Sally C. Gutierrez Trust, filed Appeal Application No. 2025-02 (Exhibit 1) pertaining to the Planning Commission’s approval of CUP No. 1982-18-MOD-1. Following receipt of the appeal application, City staff encouraged Forty Martyrs Armenian Church and the appellant to meet in order to discuss reaching a resolution that addresses the appellant’s concerns. While Forty Martyrs made several attempts to reach the appellant, appellant remained unresponsive. Pursuant to SAMC Section 41-645, the City Council is authorized to review appeals of Planning Commission decisions and may, after holding a public hearing, affirm, reverse, change, or modify the original decision, and may make any additional determinations it shall consider appropriate within the limitations imposed by the SAMC. Project Description The proposed project is within an existing 1.7-acre (74,188 sq. ft.) campus, located northwest of the intersection of McFadden Avenue and Euclid Street. The site is currently developed with an existing church building that is 5,500 square feet in size and a private