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HomeMy WebLinkAbout2001-11• Kdo/1 /30/02 RESOLUTION NO. 2001-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 01-04 TO ALLOW A CHURCH IN A RESIDENTIAL ZONE LOCATED AT 4110 WEST HAZARD AVENUE 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. Santa Ana Municipal Code Section 41-232.5 requires a conditional use permit for the expansion of a church use in a residential area. B. The Mitigated Negative Declaration for Environmental Review No. 00-103 and Conditional Use Permit No. 01-04 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on April 23, 2001. C. 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 that will contribute to the general well being of the neighborhood or the community? The existing use is a church facility, Vietnamese Alliance Church. The proposed expansion includes a new sanctuary and classrooms for educational services for church members and the community. The church has weekly and monthly meetings Wednesday through Sunday for youth, adult and senior citizen activities. Although the church property is zoned residential, no additional neighborhood traffic impacts are anticipated since access to the site is from West Hazard Avenue, a secondary arterial street. The 163 parking spaces on the site will satisfy the parking requirements of the weekday and weekend operation of the church. Resolution No. 2001-11 Page 1 of 4 • 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 expansion will not negatively impact the residents or workers in the area since the church operates and parks vehicles exclusively on the site surrounded by walls and landscaping. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed church expansion will not affect the economic viability of the surrounding residential properties. The expansion will upgrade the church facility, provide more landscaping and redesign the parking lot to accommodate more on-site parking. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed expansion will be in compliance with the regulations and conditions in the Santa Ana Municipal Code • once the project is completed, the conditional use permit will be valid. Prior to exercising the conditional use permit, the applicant must comply with the California Building Code handicap and building and safety requirements. Additionally, the Planning Division and the Public Works Agency have conditions that must be met prior to releasing the certificate of occupancy. 5. Will .the proposed use adversely affect the General Plan or any specific plan of the City? The proposed church expansion is consistent with the General Plan's Land Use Element goals to "promote a balance of land uses to address the basic community needs" and "preserve and improve the character and integrity of the neighborhoods". The Vietnamese Alliance Church provides services and educational opportunities that enhance the local community. The proposed expansion requires the following improvements that will result in an upgraded site; landscaping, parking lot redesign and perimeter walls abutting residential development. Section 2. The Planning Commission has reviewed and considered the • information contained in the initial study and the negative declaration prepared with respect to this Project. The Planning Commission has, as a result of its consideration and Resolution No. 2001-11 Page 2 of 4 • 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 Negative Declaration adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Planning Commission 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 Planning Commission hereby certifies and approves the negative declaration 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. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the Planning Commission has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. After conducting the public hearing, the Planning Commission hereby approves and adopts the Mitigated Negative Declaration for Environmental Review No. 00-103. • Section 4. The Planning Commission hereby, approves Conditional Use Permit No. 01- 04 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 23rd day of April, 2001. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O e Deputy Cit Attorney • Resolution No. 2001-11 Page 3 of 4 • AYES: Commissioners: Cribb, Leo, Mondo, Nalle, Richardson (5) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: None (0) Doughty, Verino (2) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY • • I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2001-11 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 3, 2001. Date: G / b ~ -~ n' g Co ssion Secretary City f a Ana Resolution No. 2001-11 Page 4 of 4 • Conditions for Approval for Conditional Use Permit No. 01-04 Conditional Use Permit No. 01-04 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 Uniform Fire Code, the Uniform Building 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 revocation of the conditional use permit. A. Planning Division 1. Comply with all conditions and requirements of the Development Review Committee (DRC) for the development of this project (DP 00-26). Mitigation Measures 2. Prior to issuance of building permits, the project applicant shall submit for review and approval a surface drainage/grading/erosion control plan • prepared by a registered Civil Engineer, showing the direction and means of flow to the adjacent street. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. 3. Prior to the issuance of building permits, the project applicant shall provide a NPDES post construction storm water management plan per Orange County Drainage Area Management Plan to include all Structural and Non-Structural Best Management Practices for the proposed project. 4. Prior to the issuance of building permits, the applicant shall prepare a surface water runoff study to show existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility, based on a 10-year frequency and a 25- year sump condition. The study shall identify mitigation to show how the sump discharge from the project site would not exceed street capacity drainage facilities. 5. Prior to issuance of applications for water meters and fire services the project applicant shall arrange for installation of any needed new, or relation or upgrading of any existing, domestic or irrigation water services, as required by the Public Works Agency. These facilities shall be installed • in conformance with City Standards and approved plans. Installation shall Exhibit "A" • be done by city forces at the developers' expense. Demand calculations per gallon per minute for size determination are required for both domestic and irrigation water meters. 6. The applicant shall arrange for installation of any new, or relocation upgrading of any existing, fire protection facilities, as required by the City of Santa Ana Fire Department. These facilities will be installed in conformance with City Standards and approved plans by the Public Works Agency at the developers' expense. 7. Prior to turning on water meters and/or fire services, the project applicant shall arrange for installation, testing and certification of all needed backflow protection devices, whether such devices are shown on the project plans or not. Approved backflow devices will be installed on site by the developer in conformance with code regulations and City requirements. U • EXHIBIT "A"