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HomeMy WebLinkAbout2000-65 RESOLUTION NO.00-65 BK:12/26/00 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW NO. 99-83, AND APPROVING VARIANCE NO. 00-16 AS CONDITIONED AND MINOR EXCEPTION NO. 00-03 AS CONDITIONED FOR THE SECOND BAPTIST CHURCH LOCATED AT 4300 WESTMINSTER AVENUE WHEREAS, this Commission held a duly noticed public hearing on December 11, 2000, on Variance No. 00-16 and Minor Exception No. 00-03 to allow a rear wall to exceed the normal height limit and for properties abutting residentially zoned property and to allow shared on-site parking for independent uses in relation to the construction of the Second Baptist Church on a 4.61 acre lot located at 4300 Westminster Avenue; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The Planning Commission has reviewed and considered the information contained in the initial study and the negative declaration for Environmental Review No. 99-83 prepared with respect to this Project. The Planning Commission 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 Negative Declaration adequately addresses the expected environmental impacts of this variance and minor modification. 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 accompanying mitigation monitoring plan 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, CAR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. 2. The Planning Commission approves Variance No. 00-16 as conditioned in Exhibit A hereto, which is incorporated herein by this reference. This decision is based upon the evidence submitted at the abovesaid hearing upon which this Commission finds • and determines as follows: A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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. The Second Baptist Church site is a contained site surrounded by existing residential and commercial developments. The number of parking spaces required for the sanctuary building will be sufficient provided that no other assembly type of activity will occur on the project site within ahalf--hour before and after the use of the sanctuary building. The depth of the site is 608 feet with a completely flat topography. The 9 foot 6 inches (9' 6") high wall is necessary in order to provide proper drainage for the site. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance and the minor exception will preserve the property owner's ability to develop the property with awell-designed church facility that is consistent with the General Commercial (C2) zoning district. • C. 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 and the minor exception will not be materially detrimental to the public welfare or injurious to surrounding property, because the church will generate minimum operational impact on Westminster Avenue. Anew 9 feet 6 inches high concrete block wall is proposed to be constructed to protect the adjacent residential neighborhood from potential flooding. D. That the granting of a variance will not adversely affect the General Plan of the City. The granting of Variance No. 00-16 will not adversely affect the General Plan of the City since the proposed church facility was designed in conformance with City Zoning, Development, and General Plan requirements. 3. The Planning Comm.*'.ssion approves Minor 1xception No. 00-16 as conditioned in Exhibit B hereto, which is incorporated herein by this reference. This decision is based upon the evidence submitted at the abovesaid hearing upon which this Commission finds and determines as follows: • A. A minor exception may be granted from the provisions of Chapter 41 of the Code • requiring each use to have its required number of off-street parking stalls to allow two (2) or more independent uses to share required parking stalls provided no conflict will arise between parking for one use and parking for another due to differences in time of primary utilization of parking between such uses. The proposed operational plan will limit the use of the Sunday school activities to when the church is not its use: The other uses on-site will occur during the week, which will not be in conflict with the primary church use on Sundays. A condition to restrict no independent assembly type of activity to occur on the project site within ahalf=hour before and after the use of the main .church will mitigate the potential of overlapping usage of the parking facility. • B. No minor exceptions shall be granted under this relevant section of Chapter 41 of the Code if the effect would be to substantially increase difficulties of vehicle maneuverability or traffic congestion. Any minor exception granted under this section may be conditioned to avoid such adverse effect, including the condition of maintaining parking according to an approved parking site and/or management plan. The proposed minor exception will not substantially increase difficulties of vehicle maneuverability or traffic congestion since the shared parking condition will restrict no independent assembly type of activity to occur on the project site within ahalf-hour before and after the use of the main church which will mitigate the potential of overlapping usage of the parking facility. ADOPTED this 11 day of December , 2000, by the following vote: AYES: Commissioners Mondo, Nalle, Doughty, Verino, Cribb, and Richardson NOES: Commissioners None ABSENT: Commissioners None ABSTENTIONS: Commissioners None • ATTEST: ,~ ~ ~ ~~~~~ `Sharon McCain-Johnson Secretary to the Planning Commission • APPROVED AS TO FORM: • • • EXHIBIT A VARIANCE NO.00-16 DECEMBER 11, 2000 PAGE 1 OF 3 Conditions for Aaaroval Variance No. 00-16 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 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 np 'or 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. Planning Division 1. Any modifications to this variance must be submitted to the Planning Division for review. 2. The use of the property is limited to a church and related parish buildings and activities. No thrift shops, food distribution programs, full-time parochial school, nor rehabilitation programming may occur on the premises. 3. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. 4. The required 24-inch boxed trees along Westminster Avenue frontage shall be upgraded to 36-inch boxed trees. 5. Public payphones, if provided, may only be located within buildings or in the interior of the site. Mitigation Measures 6. Building plans for the proposed project shall reflect that on-site lighting on the property is located in such a manner that the direct rays of the lighting are confined to the property. • • EXHIBIT A VARIANCE NO.00-16 DECEMBER 11, 2000 PAGE2OF3 7. Grading plans for the proposed project shall reflect that during demolishing, earthwork, and hauling activities, the contractor shall control fugitive dust emissions by regular watering or other dust-preventive measures to the extent feasible to comply with SCAQNID Rule 403, such measures would include: a. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. b. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. c. Streets surrounding the project site should be cleaned at the end of • each day of construction. d. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. e. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. f. To the extent feasible, equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. g. To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. 8. In the event unknown archaeological resources or unknown human remains are discovered during construction activities, all construction activity within the area of the finding shall halt and the City's Environmental Coordinator shall be contacted for appropriate action. • EXHIBIT A VARIANCE NO.00-16 DECEMBER 11, 2000 PAGE 3 OF 3 9. Frior to the issuance of grading permit, the applicant shall submit and have approved a surface drainage/grading/erosion control plan. 10. Prior to issuance of building permit, the applicant shall provide a NPDES post construction storm water management plan per Orange County Drainage Area Plan to include all applicable structural and non-structural best management practices, which may apply to this project. 11. Prior to the issuance of building pernuts, 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. 12. Grading, Demolition, and Building Plans for the proposed project shall specify that construction activities shall be limited to the hours of 7:00 • a.m. to 8:00 p.m. Monday through Friday, Saturday 8:00 a.m. to 8:00 p.m., and not permitted on Sundays or federal holidays. 13. The proposed driveway shall be modified to include a temporary "pork chop" traffic island and appropriate signage to promote right-turn movements existing the site. Once the median along Westminster Avenue is Built the temporary island can then be removed after the City's Public Works Agency approves the appropriate signage to reflect permanent conditions, no left turn movements is out of the site. • • EXHIBIT B MINOR EXCEPTION NO.00-03 DECEMBER 11, 2000 PAGE 1 OF 3 • Minor Exception No. 00-03 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 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 rior to exercising the rights conferred by this minor exception. The applicant must remain in compliance with all conditions listed below throughout the life of the minor exception. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. Any modifications to this minor exception must be submitted to the Planning Division for review. 2. No independent assembly type of activity may occur on the project site within ahalf--hour before and after the use of the proposed church. 3. The use of the property is limited to a church and related parish buildings and activities. No thrift shops, food distribution programs, full-time parochial school, nor rehabilitation programming may occur on the premises. 4. The left turn movement exiting the site will be permanently prohibited. 5. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. 6. The required 24-inch boxed trees along Westminster Avenue frontage shall be upgraded to 36-inch boxed trees. 7. Public payphones, if provided, may only be located within buildings or in the interior of the site. • • EXHIBIT B MINOR EXCEPTION NO.00-03 DECEMBER 11, 2000 PAGE 2 OF 3 Mitigation Measures 8. Building plans for the proposed project shall reflect that on-site lighting on the property is located in such a manner that the direct rays of the lighting are confined to the property. 9. Grading plans for the proposed project shall reflect that during demolishing, earthwork, and hauling activities, the contractor shall control fugitive dust emissions by regular watering or other dust-preventive measures to the extent feasible to comply with SCAQNID Rule 403, such measures would include: a. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. b. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. c. Streets surrounding the project site should be cleaned at the end of each day of construction. d. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. e. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. f. To the extent feasible, equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. h. To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. • • EXHIBIT B MINOR EXCEPTION NO.00-03 DECEMBER 11, 2000 PAGE 3 OF 3 10. In the event unknown archaeological resources or unknown human remains are discovered during construction activities, all construction activity within the area of the finding shall halt and the City's Environmental Coordinator shall be contacted for appropriate action. 11. Prior to the issuance of grading permit, the applicant shall submit and have approved a surface drainage/grading/erosion control plan. 12. Prior to issuance of building permit, the applicant shall provide a NPDES post construction storm water management plan per Orange County Drainage Area Plan to include all applicable structural and non-structural best management practices, which may apply to this project. 13. 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. 14. Grading, Demolition, and Building Plans for the proposed project shall specify that construction activities shall be limited to the hours of 7:00 a.m. to 8:00 p.m. Monday through Friday, Saturday 8:00 a.m. to 8:00 p.m., and not permitted on Sundays or federal holidays. 15. The proposed driveway shall be modified to include a temporary diverter traffic island and appropriate signage to promote right-turn movements exiting the site. Once the median along Westminster Avenue is built and the City's Public Works Agency approves the appropriate signage to reflect permanent conditions, the temporary island can then be removed after no left turn movements are permitted out of the site. •