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Home My WebLink About31B - CUP 1088-31 - 1622 W SIXTH ST REQUEST FOR COUNCIL ACTION m ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MARCH 6, 2006 TITLE: MODIFICATION TO CONDITIONAL USE PERMIT NO. 1988-31 TO ALLOW A CHURCH PARKING LOT AT 1609 WEST FIFTH STREET - OUR LADY OF PILAR CHURCHLZA ~ IltZ~----- CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving modification to Conditional Use Permit No. 1988-31 as conditioned. PLANNING COMMISSION ACTION On February 13, 2006, the Planning Commission approved modification to Conditional Use Permit No. 1988-31 as conditioned by a vote of 6: 0 (Rodriguez absent) to allow a church parking lot expansion in the Community Commercial (C1) zoning district at 1609 West Fifth Street (Exhibit A). The Planning Commission added a condition requiring the parking lot lighting conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance) . FISCAL IMPACT There is no fiscal impact associated with this action. ay; M. Trevino cutive Director Planning & Building Agency AN:rb an\plancomm\cupBB-31modl.cc 31 B-1 REQUEST FOR Planning Commission Action ~ ~~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: FEBRUARY 13, 2006 TITLE: PUBLIC HEARING - FILED BY OUR LADY OF PILAR CHURCH FOR MODIFICATION TO CONDITIONAL USE PERMIT NO. 1988-31 TO ALLOW A CHURCH PARKING LOT IN THE COMMUNITY COMMERCIAL (C1) ZONING DISTRICT AT 1609 WEST FIFTH STREET Prepared by Ann Hsin-An Ni APPROVED D As Recommended D As Amended D Set Public Hearing For DENIED D Applicant's Request D Staff Recommendation CONTINUED TO ~+kiu~ Planning Man ger 5~ --rtiZi!:-/.~, e..7 ~,~,'-J'''_~ Executive Director RECOMMENDED ACTION Adopt a resolution approving modification to Conditional Use Permit No. 1988-31 as conditioned. DISCUSSION Request of Applicant Our Lady of Pilar Church is requesting approval to modify Conditional Use Permit No. 1988-31 to allow a church parking lot expansion in the Community Commercial (C1) zoning district at 1609 West Fifth Street. Property Description The proposed parking lot at 1609 West Fifth Street is 0.13 acre in size, rectangular in shape, and is currently vacant. This parcel is located in the Community Commercial (C1) zoning district and has a General Plan land use designation of Low Density Residential at seven dwelling units per acre (LR7). The existing church is a O. 59-acre through lot with frontages on both Fifth and Sixth Streets. The site is flat and irregular in shape and is presently occupied by a church and a parking lot. The main assembly room contains 526 permanent seats. A total of 108 parking spaces are provided on-site. This parcel is located in the Two-Family Residence (R2) and Community Commercial (C1) zoning district and has a General Plan land use designation of Low Density Residential at seven dwelling units per acre (LR7). EXHIBIT A 31 B-2 Modification to CUP No. 88-31 February 13, 2006 Page 2 The property is surrounded by single-family residences and a school to the north, single-family residences and commercial to the south, single- family residences to the east and a combination of multi-family residential and commercial to the west (Exhibits 1 and 2) . Project Description The proposed project involves the construction of a new parking lot which will add 11 parking spaces to the existing church parking lot. A total of 119 parking spaces will be provided, while 175 spaces are required by the current code. A 15-foot landscape setback and four on-site landscape planters will be provided. A five-foot wide landscape planter and a five- foot high block wall are proposed adjacent to the residential property to the east. Access to the proposed project will be provided by an existing driveway approach on Fifth Street (Exhibits 3 and 4) . Analysis of the Issues Our Lady of Pilar church was originally established in 1960 by Conditional Use Permit No. 7 with a reduction in the parking requirement. In 1962, Condi tional Use Permit No. 78 was granted to redesign and expand the parking area. In 1988, Conditional Use Permit No. 1988-31 was approved to allow the redesign and expansion of the parking area with a total of 108 parking spaces. Since a church use is conditionally permitted in the Two- Family Residence (R2) zoning district under the current code, expansion of the church parking lot requires an amendment to the conditional use permit. The church has acquired an additional parcel on Fifth Street that lS contiguous to the existing church parking lot. The proposed parking lot will be integrated with the existing parking lot and meets all development standards, including setbacks and landscaping. The proposed parking lot addi tion will bring the site into closer compliance with current code requirements, with the on-site landscaping improvements and the decorative block wall enhancing the visual appearance of the site. Addi tional on- si te parking will relieve neighborhood street parking impacts and be a benefit to the area. The church use is conditionally permitted within the zone and the proposal meets all development standards. Further, the proj ect complies with the provisions set forth in the Two-Family Residence (R2) and Community Commercial (C1) zoning districts and the Land Use Element of the General Plan. As a result, staff recommends approval of Modification to Conditional Use Permit No. 1988-31 as conditioned. 31 B-3 Modification to CUP No. 88-31 February 13, 2006 Page 3 CEQA Compliance This proj ect was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15332. This Class 2 exemption allows in-fill development projects. Categorical Exemption Environmental Review No. 2004-248 will be filed for this project. /~z Ann Hsin-An Ni Associate Planner Vince Fregos , Senior Plann AN:jm an\plancomm\cupBB-31modl.pc 31 B-4 R1 II Al ~L:J~ f-' R1 en R1 --' 1 "Il] MERIOAY LN ~ R1 0 en R1 cc <D · R2 0 . R1 R1 R2 a I 149_8' R2 ~ R2 R1 !j R1 R1 Rl -f169S ,." ~';~ 12TH :;1 ,1 R1 Rl - R1 Rl -I Rl U R1 R1 ~ l!H I 111M :;1 SP R1 R1 R1 R1 -1 , T Y- 101"1:;1 101M ::il ~r;1r R1 R1 R1 R1 91"1 :;1 ~"'7l! R1 R1 SD R1 I _20182 CIVI R1 I! R1 7TH 5T ~ R1 ~ ~ <>~ " R2 ~ ~ R2~~ 8 Al ~ Al M1 P P P P P Cl P Cl C2 lr~' II II I'M1'! ,: I~_J:" C2 R1~11 "-" M1 'II : I 1>1 _ A4-B :8 I\.._ l_J!:I ...................... T ,~__)\ R4 ~\ u) ~;~~~~~1~;;1{ I~::::::::::::::=~\-::..?;/ o ~DD~ ~ ~[R2 ~II R1 IR R1 1c:JG: R1 I ~ I MYR~'~ ST rn~ ,~ R1 ~ CHESTNUT IW M1 o Al -B C-SM Cl C1-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAL-MUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC Ml M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT Rl R2 R3 R4 RE SD SP SINGLE-FAMILY RESIDENCE TWO-FAMILY RESIDENCE MULTIPLE-FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN 1m ~~ MODIFICATION TO CUP 88-31 OUR LADY OF PILAR CHURCH 1622 WEST SIXTH STREET ~ ~ - = 500 FEET 1" = 1000 FEET P LAN N N G AND BU LD EXHIBIT 1 31 B-5 N G AGE N C Y TWO FAMILY RESIDENTIAL W ::J )..-J en )..-J z ~~ w ~~ lJJ ~ L1f5 CC L1f5 j::9 :E j::9 :'33] ~ -J3] ::a;CC C\j ~CC COM ERCIAL COMME CIAL ~ ~.-.~ sIr GLI: AM L Y R E SID EN I A L PRIVATE SCHOOL MU L T I F MI Y RES IDE NT A L SIXTH STREET MU TI FA IL Y R S. RE IDENTIAL MUL TI F MIL Y RE IDE T1AL -J <<: G CC lJJ ::a; ::a; o \.) -J <<: G CC lJJ ::a; ::a; o \.) FIFTH STREET z a: w I- CJ) W == W ::J Z W ~ COM ERCIAL MFR COMMERCIAL SINGLE FA ILY RESIDENTI L -J <<: G CC lJJ ::a; ::a; o \.) )..-J )..-J -J ~~ ~~ <<: G L1tD C 0 M E R L L1tD CC j::9 j::9 lJJ ::a; :'33] :'33] ::a; ::a;CC ::a;CC 0 \.) :t :E \.) 0 g; \.) i \.) I- CJ) W a: o u. MODIFICATION TO CUP 88-31 OUR LADY OF PILAR CHURCH 1622 WEST SIXTH STREET JA cW' P LAN N AGE N C Y N G AND B U L D N G EXHIBIT 2 31 B-6 3~O .:10 353:>010 IIW WWdlljd 'fIN~Q,j1l'f:) 'V>N V.lN\'S H:lllnHO lIVlld JO AClVl ~no NV'ld 311S io::~ll:; ~ " " ~ '; :~~:o~ i ~ n ~ ::' i~~~ ti : !I~_' ~.. ~; ~~ ;;~ ~ ~ ~ ~~-' .<~~ ~ ~. ,- ; ~ ~n ti ~~ ~ I ~ n s ~ ~ W I- Vi ~ Ii g ~ ~ I e I ! R I I ~ 1 1 I I I I I I I -""I I I ~i 1 I 1-, I ~I I I I en' I -..., I I I I ~ I I I I I I ~ I I I ~ I , . 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X W f- a z-' <{~~ ~~~ <co:: LUo...~ 1-0::0 U52~ i~d gc;cl!s ~;i" Jl ."'l!sil!'" ~"~i g~~i l!s'"'':1,,--- ;S.~ :::!!:2~::s: :~i'! ~ ~~~!~ ~.o.~ :.;~~ ~~""8 CUPE~W~ 1 ""LI 'II . .Im <:1 d,.,. ,,~, ""l\{~d lI.....II!--ili-Iill6II\1o,-yld.~.LI~"\.au'_a\6~ll\X"M IH~ ".....lIIl"..,(j H.Il::~ "1,u"Ill"J"'''lI D .hl'" 1"''''d'''I.:~\lnr~;/ -"..., """"""."'.. .j !~JO oft hAil )"ji_ \tINllO,Hl\t:J 'IINII \t.lN\tS H:lllnH:l ll\fllld 3H.l ~o AOIIl llno ~ t f " " 7 ., ~ <> ~~ t):;J... ~~~ ~~~ CUPE~iir~ 1 r --;> -~ z j IL '.J Z i=- 7" <1 J n > "" <1 Z F -' '" '" IL Ll 7" ., " "' , I / j IL KO - 02/07/06 RESOLUTION NO. 2006-003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING THE MODIFICATION OF CONDITIONAL USE PERMIT NO. 1988-31 TO ALLOW A CHURCH PARKING LOT EXPANSION IN THE COMMUNITY COMMERCIAL (C1) ZONING DISTRICT AT 1609 WEST FIFTH 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. Applicant has filed an application seeking to modify Conditional Use Permit No. 1988-31 to allow a church parking lot expansion in the Community Commercial (C1) zoning district at 1609 West Fifth Street. B. In 1962, Conditional Use Permit No. 78 was granted to redesign and expand the parking area. In 1988, Conditional Use Permit No. 1988-31 was approved by the Planning Commission to allow the redesign and expansion of the parking area with a total of 108 parking spaces. C. The modification of Conditional Use Permit No. 1988-31 came before the Planning Commission of the City of Santa Ana for a public hearing February 13, 2006. D. Santa Ana Municipal Code Section 41.247.5 permits churches with a conditional use permit. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed parking lot expansion for an existing church, as conditioned, will contribute to the general well being of the neighborhood and the community by providing additional on- site parking spaces that will bring the site into closer compliance with current code requirements. The on-site landscaping improvements and decorative block wall will enhance the visual appearance of the site. 31 B-9 Resolution No. 2006-003 Page 1 of 7 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed parking lot expansion for an existing church will not be detrimental to the general welfare and safety of the surrounding businesses and residents. The church use has existed at this location since 1960. Additional on-site parking will relieve neighborhood street parking impacts and be a benefit to the area. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed parking lot expansion for an existing church will provide additional on-site parking for the church which will relieve neighborhood street parking impact and be a benefit to the area. The proposed parking lot expansion should enhance rather than adversely affect economic development or stability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use will be in compliance with the applicable sections of Chapter 41 of the Municipal Code with an approved conditional use permit for the church facility and the parking lot expansion. Additionally, the church facility and the proposed parking lot expansion will be in compliance with the conditions of approval included. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The church and the proposed parking lot expansion is in an area designated Low Density Residential, seven dwelling units per acre (LR7) in the General Plan. The use is consistent with the General Plan and zoning district that allows a church facility. E. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15332. This Class 2 exemption allows in-fill development projects. Categorical Exemption Environmental Review No. 2004-248 will be filed for this project. 31 B-1 0 Resolution No. 2006-003 Page 2 of? Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves the modification of Conditional Use Permit No. 1988-31 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth for the property located at 1609 West Fifth Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Staff report and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. ADOPTED this 13th day of February, 2006 by the following vote: AYES: Commissioners: Betancourt, Cribb, De La Torre, Gartner, Leo, Lutz (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Rodriguez (1) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney 31 B-11 Resolution No. 2006-003 Page 3 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2006-003 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 13, 2006. Date: Clerk of the Planning Commission City of Santa Ana 31 B-12 Resolution No. 2006-003 Page 4 of 7 Conditions for Modification of Conditional Use Permit No. 1988-31 Modification to Conditional Use Permit No. 1988-31 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building 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. A. Plannina Division 1. The project shall remain in compliance with Site Plan Review DP No. 2004-99. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The proposed block wall along the east property line shall be decorative and shall include caps and pilasters, subject to review and approval of the Planning Manager. 4. Prior to issuance of a building permit, a lot merger to consolidate the proposed lot parcel with the existing church parcel shall be recorded. 5. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. 6. Public payphones, if provided, may only be located within buildings or in the interior of the site. Exhibit A Resolution No. 2006-003 Page 5 of 7 31 B-13 B. Police Department 1. Existing parking lot lighting must conform to the provIsions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Exhibit A Resolution No. 2006-003 Page 6 of 7 31 B-14 PROOF OF SERVICE (C.C.P. SECTION 1 013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd, Santa Ana, California 92702. [insert the following here Addressee Address] [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2006-003 Page 7 of 7 31 B-15 31 B-16