HomeMy WebLinkAbout31A - CUP - 5321 W MCFADDEN AVEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 7, 2011
TITLE:
CONDITIONAL USE PERMIT NO. 2010-24
AND VARIANCE NO. 2010-04 TO PERMIT
THE CONSTRUCTION OF A CHURCH WITH
A BELL TOWER THAT EXCEEDS THE
ALLOWABLE HEIGHT AT 5321 WEST
MCFADDEN AVENUE - CALVARY
LUTHERAN CHURCH, APPLICANT
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CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1" Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2010-24 as conditioned and
Variance No. 2010-04 as conditioned.
PLANNING COMMISSION ACTION
On January 24, 2011, the Planning Commission adopted a resolution approving Conditional Use
Permit No. 2010-24 as conditioned and adopted a resolution approving Variance No. 2010-04 as
conditioned by a vote of 7:0 to allow the reconstruction of a new church with a bell tower that exceeds
the allowable height at 5321 West McFadden Avenue located in the Single Family Residential (R1)
zoning district. The Planning Commission made no changes to the recommended conditions of
approval outlined in the attached staff report (Exhibit A).
FISCAL IMPACT
There is no fiscal impact associated with this action.
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J . Trevino
Executive Director
Planning & Building Agency
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vflreports\cup10-24va10-4 Calvary Church.cc
Exhibit: A. Planning Commission Staff Report
31A-1
31A-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
JANUARY 24, 2011
TITLE:
PUBLIC HEARING - FILED BY CALVARY
LUTHERAN CHURCH FOR CONDITIONAL USE
PERMIT NO. 2010-24 AND VARIANCE NO.
2010-04 TO PERMIT THE CONSTRUCTION OF
A CHURCH WITH A BELL TOWER THAT EXCEEDS
THE ALLOWABLE HEIGHT AT 5321 WEST
MCFADDEN AVENUE
Prepared by Vince Fregoso
Executive Director
RECOMMENDED ACTION
PLANNING COMMISSION SECRETARY
APPROVED
? As Recommended
? As Amended
? Set Public Hearing For
DENIED
? Applicant's Request
? Staff Recommendation
CONTINUED TO
Planning Manager
1. Adopt a resolution approving Conditional Use Permit No. 2010-24 as conditioned.
2. Adopt a resolution approving Variance No. 2010-04 as conditioned.
DISCUSSION
Request of Applicant
Calvary Lutheran Church is requesting approval of a conditional use permit and variance to allow
the reconstruction of a church that was destroyed by fire at 5321 West McFadden Avenue. The
request also includes the construction of a 62-foot bell tower and steeple that exceeds the City's
maximum allowable height. Specifically, the applicant is requesting approval per Section 41-
232.5(a) of the Santa Ana Municipal Code (SAMC), which requires a conditional use permit for
churches in the Single-Family Residential (R1) zoning district, as well as a variance from Section
41-233 of the SAMC, which limits structures to a maximum height of 27 feet within the R1 zone.
Property Description and Project Backaround
The subject property is a 1.5 acre parcel of land located on West McFadden Avenue just west of Euclid
Street. The property currently has two churches operating on the premises: Calvary Lutheran Church
and Saigon Reformed Presbyterian Church.
The site has a zoning designation of Single Family Residential (R-1) and a General Plan land use
designation of Low Density Residential (LR-7). Located on the property immediately adjacent to the
east and surrounding it on the north is Forty Martyrs Armenian Apostolic Church. Residential uses are
located further north across a drainage channel, as well as to the west. St. Barbara's Church and
school is located across McFadden Avenue to the south (Exhibits 1 and 2).
2
31A-3
Conditional Use Permit No. 2010-24
Variance No. 2010-04
January 24, 2011
Page 2
The site was originally improved with a single-family residence and garage that were built in the
early 1950's. In 1961 Calvary Lutheran Church received approvals to construct a new church
campus consisting of a 3,600 square foot worship space accommodating 175 people and three
educational buildings. This original approval also allowed for the future construction of a 400-seat
worship space (Conditional Use Permits No. 31 and No. 55). The approved master plan would
have allowed for the construction of approximately 20,500 square feet of building space. Of these
buildings, only the 3,600 square foot worship space was constructed. The single-family residence
and garage remained and have been used as offices and small meeting spaces since that time.
The church continuously operated on the site and held services in the main sanctuary building until
2005, when a fire severely damaged the sanctuary building. Due to the extensive fire, water and
smoke related damage, the sanctuary building was demolished in 2006. Since that time, the two
churches have held their services in the office building or within a temporary structure.
Proiect Description and Analvsis
General Proiect Features and Square Footage Analvsis
The proposed project represents a significant reduction in buildable square footage from that of the
master plan approved in 1961. As proposed, the project would demolish the existing house and
garage, approximately 1,700 square feet, and construct a new 6,100 square foot church facility to
replace the one destroyed by the fire. The new church facility would include a main sanctuary to
accommodate 216 people, a 1,050 square foot multi-purpose room, three offices and a kitchen
(Exhibits 3 and 4). This represents an increase in approximately 800 square feet of new building
area over the combined square footage of the previous church building, house and garage; but a
reduction of 12,700 square feet from that which was previously approved under the former master
plan. The approval of the new CUP would replace and rescind the previous entitlements. The
improvements would be constructed as a single phase.
Parking Analvsis
The City's parking standard for churches is one space per three fixed seats and one space per 35-
square feet of floor area where there are no fixed seats (SAMC 41-1411). Using this parking ratio,
the 216-seat worship area requires 72 parking spaces; the multi-purpose room requires 30 parking
spaces; and the offices, parked at the office standard, require two parking spaces; for a total
minimum requirement of 104 spaces. Using this rationale for parking ensures that, even if all three
parts of the facility are fully occupied at the same time, adequate parking will be provided for the
entire facility. As proposed, the project will exceed the minimum requirement by providing a total of
109 spaces.
31A-4
Conditional Use Permit No. 2010-24
Variance No. 2010-04
January 24, 2011
Page 3
General Operations of the Facili
Calvary Lutheran Church was the congregation that originally established the church in 1961 under
the leadership of Pastor Hillard Weiss, who continues as the pastor of the church today. The
congregation of Calvary Lutheran is comprised of approximately 20 active members who hold
services within the structure that was originally built as a single-family residence. The Saigon
Reformed Presbyterian Church, which began sharing the church space a number of years ago,
has a membership of approximately 100 and holds worship services in a temporary tent structure.
Both churches currently hold one service on Sunday morning at 10:30 a.m. Adult bible study
classes are also held by Calvary Lutheran Church on Sunday mornings from 9:00 a.m. to 10:30
a.m. The Saigon Reformed Presbyterian Church maintains office hours from 9:00 a.m. to 2:00
p.m. Monday through Friday, Saturday from 9:00 a.m. to 3:00 p.m. and Sunday from 10:00 a.m. to
2:00 p.m. Due to the relatively small size of the Calvary Lutheran Church congregation, the
proposed facilities can easily accommodate the simultaneous operation of both churches.
Project Architecture and Landscaping
The architectural design of the building is a modern interpretation of the Gothic style, with
decorative towers, arched entries and a bell tower and steeple. A lightly textured stucco finish,
earth tone paint, and concrete the roof will also be provided. Finally, decorative glass windows will
be installed on all sides of the building (Exhibits 5, 6 and 7).
A comprehensive landscape plan has also been prepared for the project that will comply with
current code requirements. New landscaping, consisting of a combination of trees, shrubs and
ground cover, will be installed within all existing planters that remain. Further, additional landscape
planters will be provided throughout the site to bring the parking lot into compliance with code
(Exhibit 8).
Public Outreach
The church is not a new facility and has been operating at this location since 1961. The
representatives of the church have contacted the representatives of the neighborhood association
near the church to discuss the proposed project. The neighborhood representatives expressed
potential concerns regarding traffic impacts. As discussed in the section labeled "General Project
Features and Square Footage Analysis," the project is primarily replacing a facility which previously
existed on the site and does not represent a significant increase in square footage over that which
exists today. As such, the project is not expected to generate a significant increase in traffic or a
new need for parking. In addition, as discussed in the section labeled "Parking Analysis," the
project will exceed the minimum parking requirement.
31A-5
Conditional Use Permit No. 2010-24
Variance No. 2010-04
January 24, 2011
Page 4
In addition to this outreach, public notices of tonight's meeting were mailed to all property owners
within a 500 foot radius of the project site and notices were published in the newspaper. Staff has
received one phone call and no written communications regarding this item.
Conditional Use Permit
The Santa Ana Municipal Code (SAMC) provides for the regulation of churches and accessory church
buildings subject to a conditional use permit in the Single Family Residence (R-1) zoning district. The
purpose of regulating church uses is to preserve the quality of the residential character of the existing
neighborhood and to minimize impacts to surrounding areas.
Section 41-682 of the SAMC states that "nonconforming buildings that are damaged or partially
destroyed by fire, flood, wind ...or similar occurrence, may be rebuilt provided the cost of restoration
does not exceed the buildings fair market value prior to the date of damage." However, since a new
structure will be built on the site, and the new structure will be larger than the previously approved
facility, the church is required to obtain a new conditional use permit.
As proposed, the project meets the City's parking and landscaping requirements and complies with
the provisions of Santa Ana Municipal Code (Zoning Code/Chapter 41) that are applicable to a
church. The sanctuary, multi-purpose room and offices result in a total parking requirement of 104
parking spaces while 109 spaces are proposed. Access to the site will be taken primarily from one
existing driveway and a new driveway on McFadden Avenue. Although the additional square footage
at this location will increase the usage of the site, adequate on-site parking, additional landscaping
and conditions of approval have been added to limit any potential impacts to the residential uses
nearby.
Additionally, the proposed church, multi-purpose room and office uses will allow the church the ability
to provide an additional service to its congregation and the surrounding community. The proposed
expansion supports several goals and policies of the General Plan including Policy 5.1 of the Land
Use Element which encourages development which has a net benefit to the community and Policy
1.8 of the Land Use Element which encourages the development of non-profit recreational facilities
and services.
Variance
The SAMC also regulates the height of buildings in the R-1 zoning district. The purpose of
regulating building height is to preserve the quality of the visual environment by ensuring that new
development is harmonious in scale and character with existing development in the area. In this
case the applicant is requesting to erect a 62-foot tall bell tower and steeple as a defining feature
that exceeds the maximum height allowed. The applicant proposes to install the church bell tower
and steeple at the front of the structure along its primary entrance on McFadden Avenue. The
31A-6
Conditional Use Permit No. 2010-24
Variance No. 2010-04
January 24, 2011
Page 5
proposed tower and steeple is mirrored in smaller steeples elsewhere on the building, all of which
create character defining features supportive of its modern Gothic architectural theme. These
features are found on similarly-themed buildings and church structures.
Section 41-233 of the SAMC establishes the maximum height of buildings to 27 feet and two
stories in height in the R1 zone. The SAMC also provides for the ability to vary from the design
standards contained in the code where there is a condition unique to size, shape, topography,
location or surroundings of the site. In this case there are two features of the subject site that
would warrant a variance from the regulation of the maximum height of buildings; the location of
the facility along a Secondary Arterial Street and the unique contextual surroundings of similar
sized buildings on the adjacent property. The following outlines the unique challenges that each of
these circumstances creates.
The project site is an interior lot located along McFadden Avenue, a secondary arterial street as
defined by the Circulation Element of the General Plan. Additionally, the site shares its easterly
property line with the Forty Martyrs Armenian Apostolic Church that has a 75-foot high church
tower constructed in 1984. Although the site shares its westerly property line with single family
residential uses to the west, the homes are oriented towards smaller residential collector streets
which take access from Maxine Street and are located at least 80 feet from the proposed church
building. To the north, the closest residence would be approximately 280 feet from the proposed
structure.
Additionally, the St. Barbara's Catholic Church, located just east of the site, also has a large 60-
foot tall tower structure built in 2007 that serves as a significant architectural feature. Due to its
location on a secondary arterial street and location immediately adjacent to two churches with
significant architectural elements that exceed the height standard, the applicant is requesting the
ability to construct a similarly sized tower appropriate for the modern Gothic architectural theme of
the proposed church building. The tower element will create a sense of arrival and community for
the congregation of the Calvary Lutheran Church while maintaining the quality of the surrounding
visual environment which is harmonious in scale with surrounding structures in the area.
The reconstruction of the Calvary Lutheran Church will complement several provisions of the
General Plan. Further, it will allow the construction of a new church facility that will replace one
that was damaged by fire. As a result, staff recommends approval of Conditional Use Permit No.
2010-24 and Variance No. 2010-04 as conditioned.
31A-7
Conditional Use Permit No. 2010-24
Variance No. 2010-04
January 24, 2011
Page 6
CEQA Compliance
In accordance with the California Environmental Quality Act, the recommended action is exempt
from further review per Section 15061(b)(3). This General rule exemption applies to any project
where it can be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment. Environmental Review No. 2008-101 will be filed for this
project.
Vince Fregoso, AICP
Principal Planner
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31A-24
ROH - 01/24/11
RESOLUTION NO. 2010-24
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2010-24 AS CONDITIONED TO ALLOW
A CHURCH IN THE SINGLE-FAMILY RESIDENTIAL (R1)
ZONING DISTRICT AND VARIANCE NO. 2010-04 AS
CONDITIONED TO ALLOW A STRUCTURE THAT
EXCEEDS THE MAXIMUM HEIGHT LIMITS IN THE R1
ZONING DISTRICT FOR THE PROPERTY LOCATED AT
5321 WEST MCFADDEN 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. The applicant is requesting approval of Conditional Use Permit No. 2010-
24 to allow a church in the Single-Family Residential (R1) zoning district
and Variance No. 2010-04 to allow a structure that exceeds the maximum
height limits in the R1 zoning district for the property located at 5321 West
McFadden Avenue.
B. Conditional Use Permit No. 2010-24 and Variance No. 2010-04 came
before the Planning Commission of the City of Santa Ana for a duly
noticed public hearing on January 24, 2011.
C. Santa Ana Municipal Code Section 41-232.5(a) allows churches and
accessory church buildings subject to the issuance of a conditional use
permit in the R1 zoning district.
D. Santa Ana Municipal Code Section 41-638(a)(1) authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
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 Calvary Lutheran Church currently provides services
that contribute to the well being of the surrounding
community. The proposed reconstruction of a building that
was damaged by fire and its expansion will allow the church
the ability to provide additional religious and services that will
continue to benefit the community. As access to the site is
from McFadden Avenue, a secondary arterial street, no
neighborhood traffic impacts will be generated.
31A-25 Resolution No. 2010-24
Page 1 of 5
2. That the proposed use will 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 109 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.
3. That the proposed use will 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.
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use.
The Calvary Lutheran 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.
5. That the proposed use will 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.
E. Variance No. 2010-04 has been filed with the City of Santa Ana seeking to
construct a sixty-two (62) feet tall bell tower and steeple in the R1 zoning
district. Santa Ana Municipal Code Section 41-233 establishes the
maximum height of buildings to twenty-seven (27) feet and two (2) stories in
height in the R1 zoning district.
F. Santa Ana Municipal Code Section 41-638(a)(2) authorizes the Planning
Commission to grant a variance upon making certain findings.
1. That because of special circumstances applicable to the subject
property, including size, shape, topography, location or
surroundings, the strict application of the zoning ordinance is found
to deprive the subject property of privileges not otherwise at
31A-26 Resolution No. 2010-24
Page 2 of 5
variance with the intent and purpose of the provisions of this
chapter.
Due to the unique location along a busy secondary arterial
street and contextual setting immediately adjacent to
similarly sized buildings, denial of the variance would deprive
the property owner the privilege of utilizing the facility to its
maximum potential and ensure the privileges for its patrons.
Unlike traditional residential lots, the property is located
along a major corridor and surrounded by uses and other
buildings of similar use and scale.
2. 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 would allow the property owner
the opportunity to install a church tower as found on similar
architectural themed buildings and church structures in the
immediate area.
3. That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
The proposed church tower will be consistent with the
modern gothic architectural theme and materials found on
the project site and nearby properties. The height and
appearance of the tower will blend with the existing building
and landscaping and will not be materially detrimental to the
public welfare or injurious to surrounding property. The
tower will be setback substantially from nearby properties
and will not interfere with the safety of pedestrians or
motorists entering or exiting the site.
4. That the granting of a variance will not adversely affect the General
Plan of the City.
The granting of the variance will not adversely affect the
City's General Plan in any way as the land use designation
of Low Density Residential (LR-7) allows churches and
accessory structures in the land use designation.
G. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section
15061(b)(3). This general rule exemption applies to any project where it
can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment. Environmental
Review No. 2008-101 will be filed for this project.
Resolution No. 2010-24
31A-27 Page 3 of 5
Section 3. The Planning Commission of the City of Santa Ana, after
conducting the public hearing, hereby approves for the property located at 5321 West
McFadden Avenue:
1. Conditional Use Permit No. 2010-24, as conditioned in Exhibit "A"
attached hereto and incorporated herein, to allow a church in the R1
zoning district.
2. Variance No. 2010-04, as conditioned in Exhibit "B" attached hereto
and incorporated herein, to allow a structure that exceeds the maximum
height limits in the R1 zoning district
ADOPTED this 24th day of January, 2011 by the following vote:
AYES: Commissioners: Acosta, Alderete, Gartner, Mill, Nalle, Turner,
Yrarrazaval (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
Eric Alderete
Chairman
APPROVED AS TO FORM:
Joseph Straka, City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
31A-28 Resolution No. 2010-24
Page 4 of 5
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2010-24 to be the original resolution adopted by
the Planning Commission of the City of Santa Ana on January 24, 2011.
Date:
Clerk of the Planning Commission
City of Santa Ana
Resolution No. 2010-24
31A-29 Page 5 of 5
31A-30
EXHIBIT A
Conditions for Approval for Conditional Use Permit No 2010-24
Conditional Use Permit No. 2010-24 is approved subject to compliance, to the reasonable
satisfaction of the Planning Commission, 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 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 the conditional use permit.
A. Planning Division
1. All proposed improvements must conform to the Site Plan Review
approval of DP No. 2008-34 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. There shall be no more than 216 seats or occupancy of the church
sanctuary at any time.
5. Landscaping, once installed, shall be maintained per the approved
landscape plan.
6. Prior to issuance of a certificate of occupancy, the parking lot needs to be
repaired and repaved per city standards.
31A-31
31A-32
EXHIBIT B
Conditions for Approval for Variance No 2010-04
Variance No. 2010-04 is approved subject to compliance, to the reasonable satisfaction
of the Planning Commission, 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 prior 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. All proposed improvements must conform to the Site Plan Review
approval of DP No. 2008-34 and the staff report exhibits.
2. Any amendment to this variance must be submitted to the Planning
Division for review. At that time, staff will determine if administrative relief
is available or the variance 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. There shall be no more than 216 seats or occupancy of the church
sanctuary at any time.
5. Landscaping, once installed, shall be maintained per the approved
landscape plan.
6. Prior to issuance of a certificate of occupancy, the parking lot needs to be
repaired and repaved per city standards.
31A-33
31A-34