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HomeMy WebLinkAboutRESO 2022-27_2909 S. Daimler StreetResolution No. 2022-27 Page 1 of 8 RESOLUTION NO. 2022-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2022-13 AS CONDITIONED TO ALLOW A CHURCH LOCATED AT 2909 SOUTH DAIMLER STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. Shelley Thompson representing Compass Bible Church (“Applicant”), on behalf of Daimler Commerce Partners, LP (Property Owner) is requesting approval of Conditional Use Permit (CUP) No. 2022-13 to allow a church at 2909 South Daimler Street. B. Pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-313.5(n), a Conditional Use Permit is required for churches in the Professional (P) zoning district within the City of Santa Ana. C. On April 11, 2022, the Planning Commission held a duly noticed public hearing on a prior request by the applicant, CUP No. 2022-04, to operate a church at the subject location. The Planning Commission voted 6-0 to deny the Conditional Use Permit without prejudice and directed staff to draft a resolution denying the Applicant’s request for the April 25, 2022 consent calendar. The Planning Commission made findings, based on the proposed project and its operations at the time, that the proposed use would not provide a service or facility which will contribute to the general well-being of the neighborhood or the community, and found that the proposed use will not adversely affect the General Plan or any specific plan of the City. D. Staff prepared a resolution for denial of CUP No. 2022-04 for consideration by the Planning Commission on the consent calendar of the regularly scheduled April 25, 2022 meeting. E. On June 14, 2022, the applicant submitted CUP No. 2022-13 for consideration by the Planning Commission for the regularly scheduled August 8, 2022 meeting. As part of the request for CUP No. 2022-13, the applicant submitted updated operational characteristics detailing how the revised application will better meet the needs of the Santa Ana community. F. On August 8, 2022, the item was continued to the Planning Commission meeting of August 22, 2022; and Resolution No. 2022-27 Page 2 of 8 G. On August 22, 2022 the Planning Commission held a duly noticed public hearing on CUP No. 2022-13. H. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to SAMC Section 41-638, have been established for Conditional Use Permit No. 2022-13 to allow a new church within the P zoning district: 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The proposed use will contribute to the general well-being of the community by establishing a new church in the City. The church will provide a place for fellowship, gathering, and mentorship, tutoring, financial counseling, after-school programs, and spiritual support. Additionally, the proposed church will occupy a previously vacant building. Therefore, in re-occupying the space additional activity will be brought to the area and promote the welfare of the surrounding business community. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed church at this location would not be detrimental to persons residing or working in the area as the subject site is located within a professional office and light industrial area and not immediately adjacent to residential uses. The nearest residential property is 0.26 miles (1,385 feet) from the subject site. In addition, the primary use of the church during weekends and weeknights will not conflict with surrounding professional office and light industrial uses, which typically operate weekdays during the day. Lastly, a comprehensive analysis of the shared parking on among the various buildings and properties on the block indicates a surplus of 29 parking spaces would remain after the church use is accounted. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed church would be compatible with the surrounding area and will not adversely affect the economic viability in the area. The proposed use would occupy a space that has been vacant and thus increase the activity in this Resolution No. 2022-27 Page 3 of 8 professional and industrial corridor by providing an additional service for business owners, workers, and residents. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The use will comply with all regulations and conditions identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The proposed church will occupy an existing industrial building. Exterior modifications to the site are limited to new doors and windows, a new entry/plaza, a new cover for the existing trash enclosure, mechanical equipment and parking lot improvements. Such improvements would comply the requirements of the SAMC. In addition, the subject property will provide sufficient parking for the church and adjacent office uses and is not anticipated to create adverse impacts to the surrounding area. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The proposed church will not adversely affect the General Plan, as the granting of the CUP would be consistent with various goals and policies of the General Plan. Goal LU – 3 of the Land Use Element supports compatibility of uses that preserve and improve the character and integrity of existing neighborhoods and districts. The church would be making minor exterior alterations that would enhance the building exterior but also introduce a sense of place for the surrounding area and Santa Ana residents thus improving the character. Such exterior improvements are also consistent with Policy LU – 3.4, which ensures scale and massing would be harmonious with the surrounding environment as the improvements would be compatible with the existing design. Granting of the CUP will not negatively affect the surrounding uses or sensitive land uses, as the project conforms to all applicable development standards for a church at this location. Moreover, the Property Maintenance Agreement will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the surrounding community. Since the Planning Commission’s denial of CUP No. 2022-04, the applicant submitted updated operational details to demonstrate a greater attempt to serve the needs of the Santa Ana community. The subject church and its operations are Resolution No. 2022-27 Page 4 of 8 consistent with Policy LU – 3.1 as it supports development that provides a net community benefit and contributes to neighborhood character as the church offers a variety of programs to the community. These programs include tutoring, mentorship for new mothers, after-school programs, spiritual support to Orange County Men’s Central Jail, and would host seasonal events available to residents which not only benefit the immediate community but also Santa Ana as a whole. In offering such programs, the church is also creating spaces of gathering, which supports Policy LU – 2.3. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). The Class 1 exemption applies to the permitting, leasing, licensing, or minor alteration of existing private structures, facilities, or mechanical equipment, involving negligible or no expansion of existing or former use. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-61 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2022-13, as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to the Request for Planning Commission Action dated August 22, 2022, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2022-27 Page 5 of 8 ADOPTED this 22th day of August 2022 by the following vote: AYES: Commissioners: ALDERETE, CALDERON, MCLOUGHLIN, MORRISSEY, PHAM (5) NOES: Commissioners: WOO (1) ABSENT: Commissioners: RAMOS (1) ABSTENTIONS: Commissioners: _______________________ Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ John M. Funk Senior Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Sarah Bernal, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2022-27 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 22, 2022. Date: ________________ ____________________________________ Recording Secretary 08-22-2022 Resolution No. 2022-27 Page 6 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2022-13 Conditional Use Permit No. 2022-13 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. The Applicant must comply with all conditions and requirements of the Development Review Committee for the Development Project (DP No. 2021-23). 2. The proposed facility shall be maintained as per approved plans and any existing landscaping shall be enhanced and well maintained. Any damage to existing structures, walls, parking areas, or landscaping must be repaired. 3. All activities shall be conducted entirely within the interior of the building. Outdoor activities shall be prohibited unless otherwise permitted by the City of Santa Ana or per Santa Ana Municipal Code Section 41-195.5. 4. Use of the auditoriums and meeting rooms shall be limited to Sundays from 7:00 a.m. to 11:00 p.m., weekdays from 5:00 p.m. to 10:00 p.m., Wednesdays from 9:00 a.m. to 12:00 p.m., Fridays from 9:00 a.m. to 12:00 p.m., and Saturdays from 7:00 a.m. to 11:00 p.m. Any changes to the hours of operation shall require review from the Planning Manager to ensure impacts to surrounding properties and shared parking is minimized. 5. Contact information for an onsite manager or other individual responsible for the daily operations of the church shall be posted in a prominent location at the front entry in the event noise, traffic, and/or parking complaints need reporting. 6. Administrative offices shall not be subleased for uses not related to the church. 7. School (as defined by the Santa Ana Municipal Code Section 41-150.5), preschool or child day care operations are prohibited. 8. The church shall be subject to any applicable California Building Code or federal requirements for occupancy, seismic safety, retrofit, and/or upgrades as deemed necessary by the Building Safety Division. Resolution No. 2022-27 Page 7 of 8 9. If the HVAC system is upgraded, the system shall support a Minimum Efficiency Reporting Value (MERV) 13. 10. Provide a minimum of two electric vehicle charging stations in the parking lot. Note on the plans the stations will be capable of providing Level 2 or greater capacity to vehicles and will be operable at the time of final inspection. (Added by the Planning Commission on 8/22/22) 11. Prior to issuance of a building permit, a Property Maintenance Agreement shall be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); Resolution No. 2022-27 Page 8 of 8 e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement; g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City; and h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement.