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HomeMy WebLinkAboutReso25-32_5311 W. McFadden AveResolution No. 2025-32 Page 1 of 11 RESOLUTION NO. 2025-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 1982-18-MOD-1 AS CONDITIONED, MODIFYING CUP NO. 1982-18, TO FACILITATE THE CONSTRUCTION OF A NEW PRIVATE SCHOOL BUILDING WITHIN AN EXISTING CHURCH CAMPUS LOCATED AT 5311 WEST MCFADDEN AVENUE (APN: 108-073-13) 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.Rev. Fr. Karekin Bedourian with Ari Guiragos Minassian School (“Applicant”), representing Forty Martyrs Armenian Church (“Property Owner”), is requesting approval of Conditional Use Permit (CUP) No. 1982-18-MOD-1 to facilitate the construction of a new building at 5311 W. McFadden Avenue for a private school that was originally approved under CUP No. 1982-18 and Variance No. 1982-20 (“Project”); B.Pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-232.5(c), a Conditional Use Permit is required for private schools in the Single-Family Residence (R1) zoning district within the City of Santa Ana; C.Pursuant to Section 41-649 of the SAMC, any modification of an approved CUP shall necessitate the refiling of a new application ; D.In 1982, the Planning Commission reviewed and approved CUP No. 1982- 18 and Variance 1982-20 to allow the construction of a new church building and a private school designed to serve students in kind ergarten through ninth grade. At the time of construction, the private school facility was designed to accommodate elementary students, serving pre -kindergarten through sixth grade. While CUP No. 1982-18 allowed the private school use extending through ninth grade, the 17,500-square-foot building did not provide the necessary floor area or capacity to serve students above the sixth grade. Furthermore, the school’s operational program and curriculum were limited to elementary education, and no middle school grades were implemented under the existing CUP; E.On February 9, 2023, the Applicant submitted a Development Project Review (DP) application to the City for the construction of a new two-story, 4,846-square-foot building located at the rear (north) portion of the site. The first floor will include a 274-square-foot lobby, a single-stall restroom, and a 502-square-foot classroom. The second floor will consist of three classrooms measuring 587, 417, and 622 square feet, respectively, and a 709-square-foot laboratory. The construction of the new building will allow the introduction of the new middle school grades (seventh and eighth); Resolution No. 2025-32 Page 2 of 11 F.On August 27, 2025, the Applicant submitted CUP No. 1982-18-MOD-1 requesting approval to facilitate the construction of the new private school building that will serve the middle school grades; G.CUP No. 1982-18-MOD-1 constitutes a modification to the previously approved CUP No. 1982-18 for the purpose of facilitating the construction of a new classroom building to serve the existing private school. This modification supplements, but does not supersede, the original CUP. All conditions and entitlements established under CUP No. 1982 -18 shall remain valid and in full effect, except as specifically amended herein to reflect the scope of the proposed improvements. H.On October 27, 2025, the Planning Commission held a duly noticed public for the Project; I.The Planning Commission determines that the following findings, which must be established in order to grant this CUP pursuant to SAMC Section 41-638, have been established for CUP No. 1982-18-MOD-1 to allow a new private school building within the R1 zoning district as follows: 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 Project will provide a new two-story private school building to accommodate middle school students (seventh and eighth grades) within the existing Forty Martyrs Armenian Church campus. This expansion will allow students who are already enrolled at the school to continue their education through the eighth grade without the need to transfer to another institution. By retaining students and extending the academic program, the Project will enhance educational continuity for families, reduce the need for additional school commuting outside the neighborhood, and strengthen the long-term stability of the school community. As such, the proposed use will provide a valuable educational service and contribute positively to the general well-being of the surrounding neighborhood and the broader Santa Ana 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 middle school building will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The Project is located within an existing church and school campus that has historically operated as an educational facility. The proposed expansion is modest in Resolution No. 2025-32 Page 3 of 11 scale, limited to four classrooms and one laboratory with a maximum capacity of 32 students, and is intended primarily to retain existing students rather than generate substantial new enrollment. Traffic, parking demand, and noise levels are expected to remain consistent with current operations, as dismissal times are already staggered and closely managed by staff to ensure orderly circulation. In addition, playground and campus activities are existing uses that will continue to comply with the City’s noise ordinance and will be buffered by setbacks, perimeter walls, and landscaping. Accordingly, the Project will operate safely within the site’s capacity and will not create adverse impacts to surrounding residences or businesses. 3.That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the present economic stability or future economic development of surrounding properties. The Project is located within an established church and school campus that has operated for decades without creating negative economic impacts on nearby residential or commercial uses. The expansion is limited in scope, designed to accommodate existing students as they progress into the middle school grade levels, and will not substantially increase overall enrollment. As such, no new burdens on parking, traffic circulation, or neighborhood infrastructure are anticipated. The Project is expected to support neighborhood vitality and complement surrounding land uses by maintaining a stable student population and providing a long-term educational resource within the community. Therefore, the proposed use will not detract from the economic stability and development potential of the area. 4.That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use will comply with all applicable regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for schools located within the R1 zoning district. The Project has been designed to conform with development standards, including building height, setbacks, and site access requirements. Although the site provides 88 on-site parking spaces, fewer than the 110 spaces otherwise required, the Project qualifies for parking relief under Assembly Bill (AB) No. 2097 due to its proximity to a major transit corridor, and therefore remains compliant with state and local regulations. Furthermore, conditions of approval will Resolution No. 2025-32 Page 4 of 11 ensure continued compliance with operational standards related to traffic circulation, noise, and safety. Accordingly, the proposed use satisfies all applicable zoning code requirements and conditions for approval. 5.That the proposed use will not adversely affect the General Plan or any specific plan of the City. The new proposed school building will continue to complete the residential neighborhood as intended by the General Plan. Furthermore, approval of this application would be consistent with several goals and policies of the General Plan, specifically Goals 1, 2, 3, and 4 of the Land Use (LU) Element as discussed below. Goal LU-1 seeks to provide a land use plan that improves the quality of life and respects the existing community. Moreover, Policy LU-1.1 seeks to foster the compatibility between land uses to enhance livability and promote healthy lifestyles. The proposed Project will continue to provide a private school to the surrounding community, without disrupting the existing community. The church campus is not accessed from any of the surrounding residential communities. Therefore, the proposed school building will maintain the aspect of the neighborhood while providing an added service to the community. Goal LU-2 seeks to provide a balance of land uses that meet Santa Ana’s diverse needs. Moreover, Policy LU-2.3 seeks to provide a diversity of land uses that support residents, visitors, and businesses, such as areas for community gatherings. The proposed Project will continue to provide a school use where the community can gather during hours of operation and/or during special events. Goal LU-3 seeks to preserve and improve the character of existing neighborhoods and districts. Moreover, Policy LU-3.1 supports new development which provides a net community benefit and contributes to neighborhood character and identity. The proposed Project will provide additional square footage to the existing school use and church campus. As mentioned above, the new school building will not disrupt the existing neighborhood. Additionally, the proposed architecture is meant to improve the site’s character and the surrounding community. Goal LU-4 supports a sustainable City through improvements to the built environment and a culture of collaboration. Policy LU-4.1, promotes complete neighborhoods by encouraging a Resolution No. 2025-32 Page 5 of 11 mix of complementary uses, community services, and people places within a walkable area. As proposed, the Project will promote a complete neighborhood by providing school uses to the surrounding residential community within the vicinity. The school will act as an added service for the neighbor ing properties and nearby neighborhoods. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Project is exempt from further review per Section 15314 (Class 14 – Minor Additions to School). The Class 14 exemption consists of minor additions to existing schools within existing school ground s where the addition does not increase the original student capacity by more than 25 percent or ten classrooms. The proposed school will not increase the student capacity by more than 25 percent and it only proposes to add four classrooms and one laboratory. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-34, 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. 1982-18-MOD-1, 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 October 27, 2025, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2025-32 Page 6 of 11 ADOPTED this 27th day of October 2025 by the following vote. Isuri S. Ramos Chairperson APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Melissa M. Crosthwaite Senior Assistant City Attorney A YES: N OES: A BSENT: A BSTENTIONS: Commissioners: Carl Benninger, Manuel J. Escamilla, Jennifer Oliva, Bao Pham, Isuri S. Ramos, Alan Woo (6) Commissioners: Commissioners: Christopher Leo (1) Commissioners: Resolution No. 2025-32 Page 7 of 11 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Gema Zapien, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2025-32 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 27, 2025. Date: ________________ ____________________________________ Gema Zapien Recording Secretary City of Santa Ana 10/27/2025 Resolution No. 2025-32 Page 8 of 11 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 1982-18-MOD-1 Conditional Use Permit No. 1982-18-MOD-1 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. Except as otherwise provided, 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 this Conditional Use Permit. 1.All proposed site and building improvements must conform to any required plan check and permit requirements of the City and any other partner or contracted regulatory agencies. 2.Any proposed amendment to this CUP 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.Prior to the issuance of any building permits, the Applicant shall submit a landscape and irrigation plan for the entire site to the Planning Division for review and approval. The landscape and irrigation shall comply with the zoning district's landscape standards, the Water Efficient Landscape Ordinance (WEL O), and the Citywide Design Guidelines. 4.All landscaping shall be installed per the approved landscape and irrigation plan. In addition, all landscaping shall be evergreen, be required to be maintained throughout the lifetime of the CUP, and shall be required to be maintained in a healthy manner. Moreover, any unhealthy or dead landscaping shall be required to be removed and replaced in-kind. 5.The total enrollment of the private school shall not exceed 195 students at any time, including the expansion of seventh and eighth grades. This cap reflects the operational assumptions analyzed for this Conditional Use Permit. Any proposal to increase enrollment beyond this number shall require an amendment to this Conditional Use Permit. 6.All outdoor play and recreation activities, including recess and physical education, shall be conducted only within the designated existing outdoor play areas as shown on the approved site plan. All such activities shall comply at all times with the City’s Noise Ordinance (SAMC 18). The use of outdoor amplified sound equipment is prohibited unless specifically authorized by the Planning Division through a subsequent discretionary approval. Resolution No. 2025-32 Page 9 of 11 7.Prior to issuance of any building permits, the Applicant shall submit a parking management plan (PMP) to the Planning Division for review, which must be approved prior to issuance of a certificate of occupancy. The PMP shall detail management strategies for special events to minimize potential parking and circulation impacts onto surrounding properties and City roadways. 8.The private school’s dismissal times must remain staggered and a dismissal schedule shall be submitted to the Planning Division for review and approval. Dismissal time for students in kindergarten through sixth grade shall begin at 3:10 p.m., and after-school programs shall be dismissed between 3:30 p.m. and 5:30 p.m. 9.The Parking Management Plan (PMP), as approved by the Planning Division, shall be implemented at all times. The PMP shall be kept on site and made available to City staff upon request. If the City receives substantiated complaints related to parking or circulation, the Planning Manager may require the Applicant to update and re-submit the PMP for review and approval to ensure continued compliance. 10.Violations of the Conditional Use Permit as contained in Section 41-647.5 of the Santa Ana Municipal Code will be grounds for permit suspension and/or revocation as described in Section 41-651 of the Santa Ana Municipal Code. 11.The Applicant shall post in a conspicuous location at the entry to the building the contact information for the responsible onsite manager, including full name, phone number, and emergency or backup phone number, in case of noise and related operational complaints. 12.Site illumination levels must remain in compliance with Section 8 -211 (Special Commercial Building Provisions) of the Santa Ana Municipal Code at all times. A lighting plan illustrating that all fixtures will be equipped with dimmer switches and all fixtures will be shielded and directed downward to prevent glare or spillover onto adjacent residential properties must be submitted to the Planning Division for review and approval prior to the issuance of Building permits. 13.Site exterior noise levels must remain in compliance with Section 18 -312 (Exterior Noise Standards) of the Santa Ana Municipal Code at all times. 14.At any time that vehicle stacking extends beyond the entrance to the site, the owner/operator shall provide field staff as reasonably required to expedite/facilitate site circulation, assist with onsite parking, and prevent vehicles from blocking onsite parking spaces, drive aisles, sidewalks and bicycle lanes, and/or queuing onto public roadways. A stacking plan illustrating vehicle stacking management in parking areas shall be reviewed and approved by Planning Staff and shall be posted and maintained onsite. 15.Copies of all required entitlements shall be kept at the site at all times and be made available to any City official upon request. Resolution No. 2025-32 Page 10 of 11 16.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 loca ted 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 Property Maintenance Agreement. The Agreement shall be recorded against the property by the City and shall be in a form reasonably satisfactory to the City Attorney. The executed Agreement must be submitted to the Planning Division by the Applicant within 90 days of the approval of this Resolution. The 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 on or 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); 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 Agreement and both shall be jointly and severally liable for compliance with its terms; f.The 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, Resolution No. 2025-32 Page 11 of 11 unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the Agreement; g.The 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 Agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement.