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Home My WebLink About31A - 713 NORTH NEWHOPE ST REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: CITY COUNCIL MEETING DATE: FEBRUARY 5, 2007 TITLE: MODIFY CONDITIONAL USE PERMIT NO. 1962-92 TO ALLOW AN ADDITION TO THE TEMPLE LOCATED AT 713 NORTH NEWHOPE STREET - VIETNAMESE-AMERICAN BUDDHIST CENTER FOR CHARITY SERVICES, PPLICANT APPROVED o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2M Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving the modification of Conditional Use Permit No. 1962-92 as conditioned. PLANNING COMMISSION ACTION On January 8, 2007, the Planning Commission adopted a resolution approving the modification of Conditional Use Permit No. 1962-92 as conditioned by a vote of 5:0 (Gartner absent) to allow a 3,200 square foot addition to the Buddhist Temple in the Single-Family Residential (R- 1) zoning district at 713 North Newhope Street. After receiving public testimony, the Planning Commission added conditions that a review of the project be completed by the Police Department for noise issues six months after permits have been finaled for the building addition, that a precise landscape plan be approved by the Planning Commission prior to issuance of building permits and that the Buddhist Center notify surrounding property owners in writing prior to any outdoor gatherings to celebrate special events that require a land use certificate to be issued by the City. The conditions of approval are outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. //}c- Ja~M. ;::vino Executive Director Planning & Building Agency BA:rb ba!reports2006/cup62-92 Buddhist Temple2-S-07cc 31A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JANUARY 8, 2007 TITLE: PUBLIC HEARING - FILED BY THE VIETNAMESE- AMERICAN BUDDHIST CENTER FOR CHARITY SERVICES TO MODIFY CONDITIONAL USE PERMIT NO. 1962-92 TO ALLOW AN ADDITION TO THE TEMPLE LOCATED AT 713 NORTH NEWHOPE STREET PLANNING COMMISSION SECRETARY APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTiNUED TO Prepared by Bill Apple ~ Executive Director ~~ Planning ~ RECOMMENDED ACTION Adopt a resolution approving the modification to Conditional Use Permit No. 1962-92 as conditioned. DISCUSSION Request of Applicant The Vietnamese-American Buddhist Center for Charity Services is requesting approval to modify Conditional Use Permit No. 1962-92 to allow a 3,200 square foot addition to the existing temple located at 713 North Newhope Street in the Single-Family Residential (R-1) zoning district. Property Description The Temple is located on the east side of Newhope Street between Hazard and Fifth Streets. The site is 2.18 acres in size and has an existing 3,200 square foot single-story building that operates as a prayer area, kitchen and gathering area for the temple. The second building is two- stories, 9,200 square feet in size, and operates as administrative offices, Monk living quarters and storage and display area for temple antiquities. The property has a General Plan Designation of Low Density Residential (LR) with a corresponding zoning designation of Single-Family Residential (R-l). The site is bordered by single-family residential property on the north, east and south sides. Across Newhope Street to the west is Rosita Park and single-family houses (Exhibits 1 and 2) . EXHIBIT A 31A-2 Modification to CUP No. 1962-92 January 8, 2007 Page 2 Project Description The project consists of a two-story addition to the temple portion of the Vietnamese-American Buddhist Center. The ground floor will be 1,760 square feet and will contain men's and ladies rest rooms , a new 306 square foot kitchen, an electrical room, and a 595 square foot reception and gathering area for the temple. The second floor will be 1,440 square feet and will consist of an office and change room for the head monk. There will be no public assembly on the second floor. Site improvements include bringing the parking lot area for the temple into compliance with City codes for churches by adding 16 landscape planters in the main parking lot and the installation of a five foot landscape buffer between the church parking lot and adjacent residential property. In addition, the parking lot, which will accommodate 136 cars, will be slurry coated and restriped to City standards. An existing six foot block wall separates the temple parking lot from adjacent residential property. Parking lot lighting will also be added to City code (Exhibi t 3). Analysis of the Issues In 1962, the City Council approved Conditional Use Permit No. 1962-92' and permitted a two phase expansion of the then Newhope First Baptist Church. The CUP allowed for the construction of a 480 seat church sanctuary, two education buildings, and the conversion of the existing church sanctuary into classroom space. Only one of the education buildings was constructed and the site was later purchased by the Vietnamese-American Buddhist Center for Charity Services who has occupied the site since April 2002. The building addition proposed by the Buddhist Center does not comply with the site plan layout and conditions approved by the City Council in 1962. Therefore, the Buddhist Center is proposing to modify the original CUP approval to allow the construction of the 3,200 square foot, two-story addition to the temple. This modification of CUP 1962-92 will supersede the approvals and conditions previously established by the City through the original CUP. Because the Buddhist Center operates differently than a traditional church, in that there are generally no fixed times for temple services, there is not a need for the fixed seat sanctuary and educational buildings 1 This Conditional Use Permit (CUP) was originally issued as CUP # 92. With the advent of the SAPIN computer system all entitlements received a number of which the first four digits was the year the application was processed. As suc~,u~~~ is now known as CUP No. 1962~92. Modification to CUP No. 1962-92 January 8, 2007 Page 3 previously approved through CUP No. 1962-92. Individuals visit the temple at their leisure to walk the grounds and worship. At the completion of the proposed addition, a total of 4,224 square feet of area will be used for worship and assembly. Since churches/religious meeting halls are parked at one parking space per 35 square feet of assembly area, a total of 121 parking spaces are required for the project while 136 parking spaces have been provided. The on-site parking area is being upgraded to comply with City Codes pertaining to churches. A five foot landscape buffer is now provided adjacent to surrounding residential property and new landscape planters, trees and lighting will be provided in the parking lot that will be in compliance with City development standards. Parking lot lighting will be limited to 15 feet in height and will be designed to shine away from adjacent houses. The Temple also celebrates three Buddhist Holidays each year where up to 300 people may visit the site. On these three holidays, an outdoor gathering area is used. These holidays are special events that require a land use certificate (LUC) to be issued by the City. These holidays include Buddha's Birthday, Chinese New Year's and Mothers Day. Based upon the above analysis and findings, staff recommends that the Planning Commission approve the conditional use permit required for the project as conditioned. CEQA Compliance 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 15301. This Class 1 exemption allows additions to existing structures provided the addition will not result in an increase of more than 10,000 square feet if the project is located in an area where all public services and facilities are available to allow maximum development permissible by the General Plan and the area where the project is located is not environmentally sensitive. Categorical Exemption Environmental Review No. 2006-70 will be filed for this project. , 13"u,t~ ~ Bill Apple Associate Planner 1\ BA:jm ba\reports2006\cup 62.92 buddhist temple mod.pc 31A-4 IUum IZ~~il r- .~l ,C2 !C_=_=.=_=_=:J: C2 ~ R1 :~) ~' . i :~_-_-_-_-':-_._-J: i ~ \':..._~J ~~oo"" R1 1~ R1 ''A< ~ Ii' '" R11R1 R10R1~R1 R1"'"'i/~'r R1 HAZARD AV. " ~ i _ :~=.' \', I PROJ~CTr A~_"' i \ SO'53 . i:i,'~~p~ ~ ~Rlr':7~~~~~;: S''lOl i R1 I 0 Rl iil:':' :'i R2 ',"",e.. Ili~ ~ PI ! ~I" , R~!' ,== .!;;. 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R2 R2 12 ~ ~, E . ~ Sp. : R2 2 . , , , i . , i;l SP- R2 R2 , ! 2 , I , Sp.2 Sp.2 '2 , Rl SP. 2 Rl Rl CR GC M' M2 Me o P PCO PRO COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 R4 RE SO SP SINGLE-FAMILY RESIDENCE TWO-FAMILY RESIDENCE MULTIPLE-FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN MODIFICATION OF CUP 62-92 VIETNAMESE AMERICAN BUDDHIST CENTER FOR CHARITABLE SERVICE 713 NORTH NEWHOPE STREET SP-2 Sp.2 R2 R2 = .- SP-2 Sp.2 . r ~I- R2 R2 C:o: Sp.2 R2 A .gy' - == 500 FEET AGE N C Y P LAN N N G AND B U L 0 N G VICINITY MAP EXHIBIT 1 31A-5 ~o. U' ~. U' 0' ROSITA PARK 51 GLE FAMILY R SIDENTIAL - SIN LE F MILY RE IDEN tAL SFR HAZARD STREET 51 GLE FAM LY ESt ENT AL I- W W a: I- en MOONRIDGE AVENUE ~ w :::) '" Z w ~ '" " ~ ~ " '" "- '" Z ~ ~ " Z :::) 0 '" SFR :;: MODIFICATION OF CUP 62-92 VIETNAMESE AMERICAN BUDDHIST CENTER FOR CHARITABLE SERVICE 713 NORTH NEWHOPE STREET 51 GLE FAMILY ESI ENTIAL .~ , Pro Md :Ion ~ 0* I ~ '" >- " '" " '" Jr ,g..(' P LAN N N G " ~ ~ '" "- '" ~ " '" AGE N C Y W ll. o :J: 3: w z 51 GLE FAM LY ESI ENT AL ROOSEVELT AVENUE 5 I G L F MILY RESI ENTIA SIN LE AMI Y R SID NTI L AND B U L 0 N G LAND USE MAP EXHIBIT 2 31A-6 >-' '" UJ "- !t ~ z \ "" 2"-1'..0' i !I ~_~ _, __,..ij:,i",;,i!i;'iJi>:.,'~:e<c't,":.:."<:<'~'7"""z,,,,,~,,!~- ;'-1t-;;;;';i-~";~t'T~~~:<:';~~';"~\+-l';~hti,i-::"'''i1~':j~;;;:;'~;-;'''-;';':'../ "",-. :",,,,,~,,,' -,_ 1001_ e" ""'-",," Ie.~"'.. ~ ~ ~v ~ .. to (J;~~"""m .'~~:~~?~~~~;~i ,...J\. . i ' I ~ , .--' l D r "',""-."'," ? ~ t " --."J-- ~ i " . "".H EXISTlN: ~.Z<X>"" r ~ .V . . . . . ~-- ,~ ~. ,~ ! <'l~""'A I '--- II[8]b ~i I ~i c-- IlJml! i V// '~ ~~,~ rf ,~I! IV U ... ~ ,~ .as " ~ ~ ~ ~ " ~ ~ " 1-' " ?!' ~"~ ~~~ ~I : ~l}: ~~=.\ ~ RENOVATED ~ PARKING ~ ~ . ~ ~ " 17" ". ~I ~. i!a 2~ "., F r ~~ ,~ 1228 ~ II '" ,.- ,,- II . ,~ - ~~~ II '" m~,. ," .... "- I ,<<, .. ~ ~ t-- \,'l l ," " ". " ", " '" ~ , " '" " '" ., ~ ,~ " [Q] ~ LJ;;~ ~- - ~~~r - I fi~~ I , ~~ -~lOIKU\Ni 15 ~ =~ ! , ~~ ~.~ [Q] <- - ~ ~ oJ EXIST1~ ~ ~. :::"~i" J--I . 1 ' ''''' '''' '"" .3) ,... ," ! I ~ ~ I , ~ i H' , , , ~ ~'O ;1 .'., ,"; <D SITE PLAN _VW'_t-4' -.1 ''-=~- PROPOSAL ADDITION & IMPROVEMENT FOR VIETNAMESE-AMERICA BUDDHIST CENTER FOR CHARITY SERVICES 713 N. N-34A-1. UNTAANA ~ I ~ n . " '/ '(. I I ~in '" o m '" l , !l 'is i i -~ ~\ , , ~ ~ I: ~ 'I) o , ;~ " t" " 1.',,- ,I . , - MODIFICATION OF CUP 62-92 EXHIBIT 3 10f3 b1~ ~l ~ b ~S ~~ I b . a:: a::~ OW &LOCI) t-t-W ZCI)O I ~~~ j !:OW '" ~iiCl) f z 9 : ~a.~~ I ~ '" f~ffi~ i z ;= "' 1i'i , z~o ~ . 0 a::~ . '0" , Ew , CI)&L . Ow ~~ Iii > '" z 9 \r1 ill Z '" z ~ 0 H ffl ~ ~ :> "' '" >.e. 15 ~ ;= ~ ~ ~l bl~ ~~ T1~ ~ b ~ " ~ ..~ I j:; 31A-8 20f3 ~ ~l ~l~ ~ '" z 9 ill ~ ti 1i'i r,c:t-" I -Il ~ I '" c<l b ~ II: II:~ OW ILOU) i!~ ~ ~a~ ~ =-,waw J i~:)U) ~ ~lf:~ ~ 0~2~ I 11:-11:% I a.14wo ': z~1I: ~ 0'10 I: EWIL aU) aW c(~ Iii :> CD (N} SECOND !~90R BLDG. "A" tl S ~ NO ASSEMBlY ANnQUE AN. Area 2<:45 sqft. Q) ALTER STAtuES (E) SECOND FLOOR BLDG. "B" SCAlE: '/I.- - ,'-0'" 31A-9 30f3 KO- 1/26/07 RESOLUTION NO. 2007-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AMENDING CONDITIONAL USE PERMIT NO. 1962-92 AS CONDITIONED TO ALLOW AN ADDITION TO THE TEMPLE FOR THE PROPERTY LOCATED AT 713 NORTH NEWHOPE 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 is requesting approval of the amended Conditional Use Permit No. 1962-92 to allow an addition to the temple for the property located at 713 North Newhope Street. B. This Conditional Use Permit was originally issued as CUP # 92. With the advent of the SAPIN computer system all entitlements received a number of which the first four digits was the year the application was processed. As such, CUP # 92 is now known as CUP No. 1962-92. C. Conditional Use Permit No. 1962-92 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on January 8, 2007. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission 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 community? The property has been used as a religious facility since the original conditional use permit was approved in 1962. The addition will improve the temple building by adding 1,760 square feet to the ground floor which will contain new men's and ladies restrooms, a new 306 square foot kitchen area, an electrical room and a 595 square foot reception and gathering area. The second floor addition will be 1,440 square feet and will consist of an office and change room for the head monk. Since 1962, religious facilities on this site have provided 31A-10 Resolution No. 2007-02 Page 1 of7 services that have contributed to the general well being of the surrounding neighborhood and the community. 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? A religious facility has been operating on this site since 1962 without any known complaints to the City from persons residing or working in the vicinity. The 3,200 square foot addition to the temple will update the facility by providing a new kitchen and gathering area for the facility, new men's and ladies restrooms, and new office area for the head monk. The addition will be parked to City standards and will result in new landscaping and lighting being added to the site and improvements being made to the church parking lot. The new addition will provide a benefit to the religious facility and will not be detrimental to the health, safety and general welfare of persons residing or working in the area. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties in the surrounding the area? The 3,200 square foot addition to the temple will not adversely affect the economic development or economic stability of properties in the surrounding area. Improvements will be made to the site as the result of the building addition which will be a positive influence on the present economic stability and future economic development of properties in the surrounding area. The overall economic stability of the area will be strengthened as a result of new investment on the subject site. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As a result of the new addition to the temple building, new landscaping planters and trees will be added to the church parking lot, landscape buffers will be provided between the parking lot and adjacent residential property and site lighting will be brought into conformance with City codes. At the completion of the building addition, the site will comply with the regulations and requirements specified in Chapter 41 of the City's zoning code for religious facilities. 31A-11 Resolution No. 2007-02 Page 2 of 7 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed 3,200 square foot addition will not adversely affect the General Plan of the City. Religious facilities are permitted within the Low Density Residential (LR) General Plan designation and are allowed with a conditional use permit in the Single-Family Residential (R-1) zoning district. There are no Specific Plans that have an affect on this project or properties in the immediate area. 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 15301. This Class 1 exemption allows additions to existing structures provided the addition will not result in an increase of more than 10,000 square feet if the project is located in an area where all public services and facilities are available to allow maximum development permissible by the General Plan and the area where the project is located is not environmentally sensitive. Categorical Exemption Environmental Review No. 2006-70 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves the amendment to Conditional Use Permit No. 1962-92 as conditioned in Exhibit "A" attached hereto and incorporated herein for the property located at 713 North Newhope Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated January 8, 2007 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 8th day of January, 2007 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Betancourt, Cribb, De La Torre, Leo, Lutz (5) None (0) Gartner (1) None (0) Christopher Leo Chairman 31A-12 Resolution No. 2007-02 Page 3 of7 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-02 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 8, 2007. Date: Planning Commission Secretary City of Santa Ana 31A-13 Resolution No. 2007-02 Page 4 of7 Amended Conditions for Approval for Conditional Use Permit No. 1962-92 The modification to Conditional Use Permit No. 1962-92 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by the 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. All proposed building additions and site improvements must conform to the Site Plan Review approval of DP No. 2006-21. 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 if the conditional use permit must be amended. 3. The modification to Conditional Use Permit No. 1962-92 shall supersede all previous conditional use permit conditions and approvals. 4. Based upon the 136 parking spaces provided on this site, the assembly area of this religious facility shall be limited to a maximum of 4,760 square feet (4,760/35 = 136 spaces). 5. Temporary events and exterior gatherings shall require the approval of a Land Use Certificate. 6. The parking lot shall be slurry coated to repair any deteriorated paving and shall be double stripped to City standards. 7. Light standards adjacent to residential property shall be no higher than 15 feet and light shall be directed away from residential areas. 8. A precise landscape plan shall be approved by the Planning Commission prior to issuance of building permits for the proposed building addition. 31A-14 Resolution No. 2007-02 Page 5 of? 9. The religious facility shall notify surrounding property owners in writing a minimum of seven days prior to any outdoor gatherings to celebrate special temporary events that require a land use certificate to be issued by the City. B. Police Department 1. Existing buildings and parking lots must conform to the provIsions of Chapter 8, Article" Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. A review of the project shall be completed by the Police Department for noise issues, six months after permits have been finaled for the building addition. 31A-15 Resolution No. 2007-{)2 Page 6 of 7 PROOF OF SERVICE (c.C.P. SECTION 1013(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. Ven. Thich Quang Thanh Vietnamese American Center 713 North Newhope Street Santa Ana, CA 92703 [ ] I caused to be delivered by courier, such envelope by hand to the office of the add ressee( 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 January 24, 2007 at Santa Ana, California. MARTHA RAMIREZ 31A-16 Resolution No. 2007-02 Page 7 of7