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HomeMy WebLinkAbout2009-10bk:7/8/09 • RESOLUTION NO. 2009-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2009-11 AS CONDITIONED TO ALLOW EXPANSION OF A CHURCH USE FOR THE PROPERTY LOCATED AT 2000 NORTH FAIRVIEW 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 a conditional use permit to expand an existing church use located at 2000 North Fairview Street. The church currently does not have a conditional use permit because it has not altered it use or operations since being annexed into the City of Santa Ana. B. Conditional Use Permit No. 2009-11, came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on July 13, 2009. • C. Conditional Use Permit No. 2009-11 has been filed with the City of Santa Ana seeking to allow the expansion of a church that is a legal nonconforming use because it was in existence when it was annexed into the City. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The Wintersburg Presbyterian Church currently provides services that contribute to the well being of the surrounding community. The proposed expansion will allow the church the ability to provide additional religious and recreational services that will continue to benefit the community. As access to the site is from Fairview Street, a major arterial street, no neighborhood traffic impacts will be generated. • 2009-10 Page 1 of 5 ii. 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 church and church expansion will not negatively impact residents or workers in the area since the church and related programs operate exclusively on a site that is surrounded by walls and fences. Further, the 305 parking spaces to be provided on the site will satisfy the parking requirements for all church operations and will not result in any impacts on the adjacent properties. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The church expansion project will not adversely affect the economic viability of the area. The expansion project will result in a positive addition to the surrounding area and will complement and improve the economic viability of the area. iv. Will the proposed use comply with the regulations and • conditions specified in Chapter 41 for such use? The Wintersburg Presbyterian 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. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed church use is consistent with the General Plan's Land Use Element policies to encourage the development of nonprofit facilities and services as well as promote uses that provide a positive contribution to neighborhood character and identity. D. In accordance with the California Environmental Quality Act, a mitigated negative declaration and mitigated monitoring program has been prepared for this project. The Mitigation Negative Declaration has been circulated for a 20-day public review period, which ran from June 18, 2009 through July 8, 2009. The report identifies potential environmental impacts and identifies • mitigation measures that reduce the impacts to less than significant levels. 2009-10 Page 2 of 5 • The report identified no parking and traffic related impacts resulting from the church expansion. Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 2000 North Fairview Street: 1. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2008-180 is hereby approved and certified for this Project. 2. Conditional Use Permit No. 2009-11, as conditioned in Exhibit "A" attached hereto and incorporated herein, to permit the subject property to expand its church use and make it conforming ~J These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated July 13, 2009 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of July, 2009 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Turner (1) ABSTENTIONS: Commissioners: None (0) ,~ ~~~ ~~ Christop r Leo Chairman u APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ~ ~ ~,, By: > Ben~ami auf n Chief Assistant pity Attorney a~ Leo, Mill, 2009-10 Page 3 of 5 • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2009-10 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 13, 2009. y /~ 1 Date: '" '~ Planning Commissio ret City of Santa Ana • _ 2009 10 Page 4 of 5 • Conditions for Approval for Conditional Use Permit No. 2009-11 Conditional Use Permit No. 2009-11 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 rip or 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. Planning Division 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2008-61 and the staff report exhibits. 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 use at this location is limited to a church and related activities. No thrift shop or full-time school may occur on the premises. 4. Prior to issuance of a certificate of occupancy, replace all dead and missing landscaping per an approved landscape plan. 5. Use of the facilities is restricted to the Operation Schedule Plan. Any amendment to this operations plan must be submitted to the Planning Division for further review. Based on this review, if it is determined that the project results in a higher parking demand, the project will need to be submitted to the Planning Commission for further action. B. Police Department 1. The existing parking lot must conform with the provision of the Building Security Ordinance (Chapter 8, Article II, Division 3) of the Santa Ana Municipal Code, which requires the existing project lighting be upgraded to current code standards. Light standards cannot be located in required landscape planters. EXHIBIT A 2009-10 Page5of5