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HomeMy WebLinkAbout2008-071 - Approving Conditional Use Permit No. 2008-05 KO- 9/25/08 RESOLUTION NO. 2008-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008-05 TO ALLOW A CHURCH; APPROVING VARIANCE NO. 2008-04 TO ALLOW A REDUCTION IN REQUIRED ON-SITE PARKING; AND SITE PLAN REVIEW NO. 2008-02 FOR THE PROPERTY LOCATED AT 2501 WEST FIFTH STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162; Amendment Application No. 2008-06 rezoning the property from Light Industrial (M1) to Specific Development No. 82 (SD-82); Conditional Use Permit No. 2008-05 to operate a Church and ancillary church uses; Variance No. 2008-04 to reduce on-site parking and Site Plan Review No. 2008-02 for the property located at 2501 West Fifth Street. B. On August 25, 2008, the Planning Commission held a duly noticed public hearing and voted unanimously to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004- 162. 2. Adopt an ordinance approving Amendment Application No. 2008-06 for Specific Development No. 82. 3. Adopt a resolution approving Conditional Use Permit No. 2008-05 as conditioned. 4. Adopt a resolution approving Variance No. 2008-04 as conditioned. 5. Adopt a resolution approving Site Plan Review No. 2008-02 as conditioned. C. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162; Amendment Application No. 2008- 06 rezoning the property from Light Industrial (M1) to Specific Development No. 82; Conditional Use Permit No. 2008-05 to operate a Church and ancillary church uses; Variance No. 2008-04 to reduce on-site parking and Site Plan Review No. 2008-02 came before the City Council of the City of Santa Ana for a public hearing October 6, 2008, and at that time the City Council considered all testimony, written and oral. Resolution No. 2008-071 Page 1 of 10 D. Conditional Use Permit No. 2008-05 has been filed with the City of Santa Ana seeking to allow a church at the property located at 2501 West Fifth Street which is located in Specific Development District No. 82 (SD-82). E. Pursuant to Specific Development District No. 82 (SD-82) Section 3-3, a Conditional Use Permit is required for churches. F. 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 community? The expansion of the Templo Calvario Assembly of God Church, as conditioned, will allow the expansion of a religious facility that provides needed religious and benevolent services to the surrounding 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? Templo Calvario, as conditioned, will not be detrimental to persons residing or working in the area. A parking study has been provided that addresses the reduction in parking, with the peak parking demands on weekends when the surrounding buildings are closed. Any anticipated impacts to health, safety or welfare are sufficiently mitigated through the conditions of approval imposed on this project. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed church expansion, as conditioned, will not create any negative or detrimental impacts on the economic viability of the surrounding area. This use will provide a positive addition to the surrounding area and will complement and improve the economic viability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed church will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code and all other provisions that regulate church uses. Resolution No. 2008-071 Page 2 of 10 KO- 9/25/08 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed church expansion will not adversely affect the General Plan designation of Industrial (IND). The Specific Development Plan No. 82 district will continue to allow the existing industrial uses in addition to the church use. G. Variance No. 2008-04 has been filed with the City of Santa Ana seeking to grant a 352 space parking variance; reducing the 643 required on-site parking spaces to 291 parking spaces. H. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a variance upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The subject site is an irregularly shaped lot that is bordered by a vacant right-of-way line. Due to the shape 01 the lot and the placement of the existing buildings, the applicant is unable to provide additional parking on the site. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating an existing building and providing religious services to residents of the City as conditionally permitted by the zoning. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance for a reduction in parking will not be detrimental to surrounding properties as conditions of approval, such as a block wall and landscaping, are proposed to mitigate impacts to the residential uses to the north. As conditioned, the additional off-site parking spaces will minimize the impacts to surrounding properties. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as a goal of the General Plan is to Resolution No. 2008-071 Page 3 of 10 promote a balance of land uses that address basic community needs. I. Section 41-593.5(c) of the Santa Ana Municipal Code requires a review of all plans within a specific development plan area to ensure the project is in conformity with the Specific Plan. 1. Site Plan Review No. 2008-02 came before the City Council of the City of Santa Ana on October 6, 2008. 2. After reviewing the plans for the proposed project, the City Council determines the project is in compliance with all applicable development standards outlined within the Specific Development Plan Number 82 (SD-82). Section 2. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program prepared with respect to this Project, Environmental Review No. 2004-162. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigation negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. The City Council after conducting the public hearing hereby approves: A. Conditional Use Permit No. 2008-05 as conditioned in Exhibit "A" attached hereto and incorporated herein. B. Variance No. 2008-04 as conditioned in Exhibit "B" attached hereto and incorporated herein. C. Site Plan Review No. 2008-02, as conditioned in Exhibit "c" attached hereto and incorporated herein. These decisions .are based upon the evidence submitted at the above said hearing, which includes but is not limited to the Request for City Council Action dated October 6, 2008 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. Section 4. This Resolution shall take effect thirty (30) days after its adoption by the City Council; provided however, that if Ordinance No. NS-2777 is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, Resolution No. 2008-071 Page 4 of 10 KO- 9/25/08 or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. ADOPTED this 6th day of October, 2008. . uel A. Pu ido ayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: '-'r AYES: Councilmembers: Alvarez. Benavides. Bustamante. Martinez, Pulido. Sarmiento. Tinaiero (7) NOES: Council members: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008-071 to be the original resolution adopted by the City Council of the City of Santa Ana on October 6. 2008. Date: /()~~/6 / / Patricia E. Healy Clerk of the Council City of Santa Ana Resolution No. 2008-071 Page 5 of 10 Conditions for Approval for Conditional Use Permit No. 2008-05 Conditional Use Permit No. 2008-05 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. 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 site improvements must conform to the Site Plan Review approval of DP No. 04-57. 2. Prior to issuance of a certificate of occupancy, the applicant shall prepare an operational plan that will limit the use of ancillary uses and the fellowship hall to the hours the church sanctuary is not being utilized. 3. Prior to issuance of a certificate of occupancy, the applicant shall provide evidence of an agreement, in a form acceptable to the City Attorney, securing parking stalls from the Santa Ana Unified School District. 4. Prior to issuance of a certificate of occupancy, the parking facilities to be used to satisfy the parking requirements shall be improved to comply with applicable codes. 5. The applicant is responsible for the removal of all graffiti on the premises. The graffiti shall be removed within 24 hours of occurrence. 6. In the event the SAUSD warehouse site is no longer available for church parking, replacement parking shall be secured within six months. The replacement parking shall be located within 500 feet of the church property. 7. Prior to issuance of a certificate of occupancy, the applicant and owners of the adjacent industrial buildings shall enter into an agreement to reserve a minimum of 12 parking spaces for use on Sunday by the industrial tenants. 8. After the issuance of a certificate of occupancy, quarterly meetings between the church, adjacent business operators and City shall be held to discuss and resolve issues related to the operation of the church. Exhibit A Resolution No. 2008-071 Page 6 of 10 KG- 9/25/08 B. Public Works Aaencv 1. Submit a copy of the lease agreement. 2. Revise the site plan to eliminate the proposed driveways on Fifth Street and Fairview Street; utilize the existing driveways, which will require an ingress-egress easement with the adjacent property. 3. Revise the site plan to depict and note the slurry seal (including crack repair as necessary) of Fifth Street along the project frontage. 4. Revise the site plan to note that a reciprocal drainage easement will be required to cover cross-lot drainage. 5. Revise the site plan to depict and note, if any, new points of connection for utility services required to service the site. 6. Revise the site plan to depict and note the reconstruction of the easternmost existing driveway to have the following minimum dimensions, W=A=28' and X=4'. 7. Revise the site plan to correct note #4 on sheet #A 1.2 to read "Driveway" instead of "H.C. Ramp". 8. Revise the site plan to depict the construction of sidewalk culverts to drain the site safely. Drainage routed to the street must be directed beneath to drain the sidewalk and through the curb. 9. Revise the site plan to note the installation of storm water inlets, with filters to remove hydrocarbons, sediment, and trash, before discharging into storm drain and/or street. This applies to the proposed parking lot area. 1 O. Submit a preliminary evaluation of the surface drainage showing the direction and means of the flow to the adjacent street and/or on/off-site storm drain facility. Include the estimated volumetric flow (Q) in each direction. 11. Revise the site plan to incorporate construction of the proposed "Site Desicm" Bmp's (such as walkways with open joints, sidewalks and parking lot aisles with minimum widths, draining sidewalks into adjacent landscaping, incorporating the landscape area into the drainage system, etc.) to minimize the impervious areas and to maximize permeability and natural areas per the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). Resolution No. 2008-071 Page 7 of 10 12. Revise the site plan to incorporate construction of any proposed "Treatment Control" Bmp's using the Best Available Technology (such as biofilters, dry or wet detention basins, landscape detentions, wet ponds or wetlands, drainage inserts, filtration basins, etc.) and recommend sizing calculations near the pollutant source, so as to infiltrate and filter the pollutants of concern in post development run-off flow prior to its discharge into any receiving body of water per the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). Resolution No. 2008-071 Page 8 of 10 KO- 9/25/08 Conditions for Approval for Variance No. 2008-04 Variance No. 2008-04 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 California Building Standards 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 this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Plannina Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2004-57. 2. Prior to issuance of a certificate of occupancy, the applicant shall prepare an operational plan that will limit the use of ancillary uses and the fellowship hall to the hours the church sanctuary is not being utilized. 3. Prior to issuance of a certificate of occupancy, the applicant shall provide evidence of an agreement, in a form acceptable to the City Attorney, securing parking stalls from the Santa Ana Unified School District. 4. Prior to issuance of a certificate of occupancy, the parking facilities to be used to satisfy the parking requirements shall be improved to comply with applicable codes. 5. The applicant is responsible for the removal of all graffiti on the premises. The graffiti shall be removed within 24 hours of occurrence. 6. In the event the SAUSD warehouse site is no longer available for church parking, replacement parking shall be secured within six months. The replacement parking shall be located within 500 feet of the church property. 7. Prior to issuance of a certificate of occupancy, the applicant and owners of the adjacent industrial buildings shall enter into an agreement to reserve a minimum of 12 parking spaces for use on Sunday by the industrial tenants. 8. After the issuance of a certificate of occupancy, quarterly meetings between the church, adjacent business operators and City shall be held to discuss and resolve issues related to the operation of the church. Exhibit B Resolution No. 2008-071 Page 9 of 10 Conditions for Approval for Conditional Use Permit No. 2008-02 Site Plan Review No. 2008-02 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 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 site plan review. The applicant must remain in compliance with all conditions listed below throughout the life of the site plan review. Failure to comply with each and every condition may result in the revocation of the site plan review. A. Plannina Division 1. The project shall remain in compliance with Site Plan Review No. 2004- 57. Exhibit C Resolution No. 2008-071 Page 10 of 10