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RESOLUTION NO. 2004-33
KO- 12/10/04
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA DENYING CONDITIONAL USE
PERMIT NO. 2004-17 TO ALLOW A CHURCH IN THE
SINGLE-FAMILY RESIDENCE (R1) ZONING DISTRICT
FOR THE PROPERTY LOCATED AT 1102 NORTH KING
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. The applicant is requesting approval of Conditional Use Permit No. 2004-
17 to allow a church in the Single-Family Residence (R1) zoning district for
the property located at 1102 North King Street.
B. Conditional Use Permit No. 2004-17 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
September 13, 2004. The Planning Commission continued the public
hearing to October 11, 2004. At the applicant's request, the matter was
further continued to October 25, 2004. On October 25, 2004 the matter
was further continued to November 22, 2004. On November 22, 2004, the
Planning Commission continued the matter to December 13, 2004.
C. Santa Ana Municipal Code Section 41-432.5 (a) of the Santa Ana Municipal
Code allows churches and accessory church buildings subject to the
issuance of a conditional use permit.
D. The Planning Commission determines that the following findings, which
pursuant to Santa Ana Municipal Code Section 41-638, must be
established in order to grant a Conditional Use Permit, have not been
established:
1. 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 church facility will not contribute to the general
well being of the neighborhood and the community since
additional traffic, noise and littering problems may be
introduced to the surrounding residential neighborhood due
to the proposed church use. Similar churches located
midblock in residential zones have resulted in numerous
• nuisance complaints from church operations.
Resolution No. 2004-33
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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 church will be detrimental to the general
welfare and safety of the surrounding residents. Although the
proposed church is in compliance with Chapter 41 of the
Santa Ana Municipal Code with respect to parking, setbacks
and landscaping, additional traffic and noise impacts from the
proposed project are anticipated which will be detrimental to
the welfare of surrounding residents.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed church will adversely affect the future
economic development of properties surrounding the area
since properties directly adjacent to the church will be less
desirable to purchase due to the additional traffic, noise and
littering problems caused by the church.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use.
The proposed use will not be in compliance with the
• applicable sections of Chapter 41 of the Municipal Code
since the proposed use will not satisfy the standards for
granting of a conditional use permit as outlined in Section
41-638(1) (i) through (iii) and (v).
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The granting of the conditional use permit will adversely
affect the General Plan of the City since it does not satisfy
policies contained with the Land Use Element. Policy 3.1
which states "support development which provides a positive
contribution to neighborhood character and identity" will not
be satisfied by the project due to the increase in traffic, noise
and litter within the neighborhood. Overcrowded street
parking, excessive noise and litter are signs of neighborhood
dilapidation, which is detrimental to the quality of life and
attractiveness of a project.
Section 2. The Planning Commission of the City of Santa Ana hereby, denies
Conditional Use Permit No. 2004-17. This decision is based upon the evidence
submitted at the abovesaid hearing, which includes but not is not limited to: the Staff
reports and exhibits attached thereto; and the public testimony all of which are
• incorporated herein by this reference.
Resolution No. 2004-33
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•
•
ADOPTED this 13th day of December, 2004 by the following vote:
AYES: Commissioners: De La Torre, Leo, Lutz, Mondo, Nalle (5)
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: i~
Kylee O. o
Deputy Attorney
Sinclair (1)
Cribb (1)
None (0)
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Glenn ondo
_... ai rson
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2004-33 to be the original resolution adopted by
the Planning Commission of the City of Santa Ana on December 13, 2004.
Date: ~ Q'~
Cle of the Planning Co fission
City of Santa Ana
Resolution No. 2004-33
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