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HomeMy WebLinkAbout20130826_2013-12_803SSullivan• RESOLUTION NO. 2013-12 ROH - 08/26/13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2013-26 AS CONDITIONED TO ALLOW A TEMPLE IN THE SINGLE-FAMILY RESIDENTIAL (R1) ZONING DISTRICT, VARIANCE NO. 2013-09(A) AS CONDITIONED TO ALLOW A REDUCTION IN PARKING, AND VARIANCE NO. 2013-09(B) AS CONDITIONED TO EXCEED THE ALLOWABLE BUILDING HEIGHT FOR THE PROPERTY LOCATED AT 803 SOUTH SULLIVAN 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. 2013- • 26 to allow a temple in the Single-Family Residential (R1) zoning district, Variance No. 2013-09(a) to allow a reduction in parking, and Variance No. 2013-09(b) to exceed the allowable building height for the property located at 803 South Sullivan Street. B. Conditional Use Permit No. 2013-26, Variance No. 2013-09(a}, and Variance No. 2013-09(b) came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on August 26, 2013. 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 Bat Nha Buddhist Meditation Center is currently located on the premises and provides services that contribute to the wellbeing of the surrounding community. The proposed expansion of the existing facility will allow the center the • ability to provide additional religious services that will continue to benefit the community. The mitigated negative declaration that was prepared for the project has determined Resolution No. 2013-12 Page 1 of 10 that no adverse impacts will be generated from the expanded facility. 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 proposed expansion of the Bat Nha Buddhist Meditation Center will not negatively impact residents or workers in the area since the church and related programs will operate exclusively on a site that is surrounded by walls and fences. Conditions of approval have been incorporated into the project approvals that will minimize impacts to the surrounding properties. Further, the 115 parking spaces to be provided on the site, in conjunction with an off-site parking agreement with the Santa Ana Unified School District, will satisfy the parking requirements for all center operations and will not result in any impacts on the adjacent properties. Finally, no adverse health or safety impacts were identified in the mitigated negative declaration for the project. 3. That the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area. • The 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 as the new development will identify the area as a stable area for economic investment. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed Bat Nha Buddhist Meditation Center project 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, with the exception of parking and height. The applicant has applied for the necessary variances to allow off-site parking and to allow the structure to exceed the maximum allowable height. 5. That the proposed use will adversely affect the General Plan or any specific plan of the City. The proposed use will not adversely affect the General Plan. The Bat Nha Buddhist Meditation Center is consistent with the General Plan's Land Use Element goals and policies. • Goal 1 promotes a balance of land uses to address basic community needs and Goal 3 promotes development that Resolution No. 20]3-12 Page 2 of 10 • preserves and improves the character and integrity of neighborhoods. Further, the project is consistent with Policy 1.8 to encourage the development of nonprofit facilities and services as well as Policy 3.1 to promote uses that provide a positive contribution to neighborhood character and identity. E. Variance No. 2013-09(a) has been filed with the City of Santa Ana seeking to allow an eight (8) space (seven percent (7%)) reduction in parking. Santa Ana Municipal Code Section 41-1411 requires a minimum of 123 parking spaces for this project, while the applicant proposes to provide 115 parking spaces. F. Variance No. 2013-09(b) has been filed with the City of Santa Ana seeking to construct atwo-story meditation center with the primary roof element at thirty-eight (38) feet in height, and steeples and other defining features a maximum of forty-eight (48) feet in height 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. G. 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 variance with the intent and purpose of the provisions of this chapter. The project site contains a special circumstance related to its size, shape and location. Due to the unique location along a secondary arterial street, 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. To address the parking shortage, the applicant is entering into a long term agreement with the Santa Ana Unified School District (SAUSD) to allow nearby off-site parking. Further, due to the project's location on a secondary street, architectural elements that exceed the maximum allowable height are needed to allow the applicant the ability to construct a project that is in conformance with the architectural style for a Buddhist meditation center. 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 is necessary for the • preservation and enjoyment of substantial property rights. The granting of the variance would allow the property owner Resolution No. 2013-12 Page 3 of 10 • the opportunity to construct a meditation center with less than required parking and with roof elements that are found on similar architectural themed buildings and church structures in the City. 3. 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 will not be detrimental to the public or surrounding properties as the building and site have been designed to comply with all applicable development standards except for parking and height. The proposed off-site parking agreement with the SAUSD will provide additional parking that exceeds the minimum required for the center. Further, off-site improvements are required that address disabled accessibility issues from the school parking lot to the site. The proposed roof elements will be consistent with the architectural theme and materials found on similar projects in the City. The height and appearance of the roof elements will blend with the existing buildings and will not be materially detrimental to the public welfare or injurious to surrounding property. The taller roof elements 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. Finally, the project will not adversely affect the 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. H. As part of the City's permitting process, the proposed project is required to undergo an environmental review in accordance with the California Environmental Quality Act (CEQA). In accordance with CEQA, the recommended actions have been reviewed through a Mitigated Negative Declaration (MND), Environmental Review No. 2012-3. Section 15063 of the State CEQA Guidelines and Sections 15070-15075 of Article 6 guide the process for the preparation of a mitigated negative declaration. As a result of the environmental analysis, mitigation measures have been provided to address potential environmental impacts. A list of these mitigation measures are found within the MND document. Mitigation measures have been outlined to address potential impacts on air quality, biological resources, cultural resources, geology/soils, greenhouse gas emissions, hazards and hazardous materials, hydrology, noise and transportation/traffic. Resolution No. 2013-12 Page 4 of 10 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. 2013-26, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a temple in the R1 zoning district. 2. Variance No. 2013-09(a), as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a reduction in parking. 3. Variance No. 2013-09(b), as conditioned in Exhibit "B" attached hereto and incorporated herein, to exceed the allowable building height. 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 August 26, 2013, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 26th day of August 2013 by the following vote: AYES: Commissioners: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle, • Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: ABSTENTIONS: Commissioners: None (0) ~, None • Resolution No. 2013-12 Page 5 of 10 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney • • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013-12 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 26, 2013 Date: rd_ l ~ J?/'~z-.. Secretary of the Planm ommi ~ n City of Santa Ana Resolution No. 2013-12 Page 6 of ] 0 • EXHIBIT A Conditions for Approval for Conditional Use Permit No 2013-26 Conditional Use Permit No. 2013-26 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 rior 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. 2011-32 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 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 4,025 square feet of the meditation center devoted to assembly area at any time. 5. Landscaping, once installed, shall be maintained per the approved landscape plan. 6. The site occupant shall be responsible for maintaining the premises free from graffiti, including the side of the buildings adjacent to the railroad tracks. All graffiti shall be removed within 24 hours. 7. The Bat Nha Buddhist Meditation Center shall provide a point of contact to the City, adjacent church pastors, and other concerned citizens. The point of contact shall be located on the premise and is responsible for responding to neighborhood concerns. 8. There shall be no amplification devises, including but not limited to • speakers, permitted on the exterior of the building. Resolution No. 2013-12 Page 7 of 10 • AUGUST 26, 2013 PAGE 2 OF 2 9. A parking agreement shall be secured with the Santa Ana Unified School District (SAUSD) for use of the Lincoln Elementary School parking lot. 10. Prior to submittal into building plan check, the plans shall note that the minimum stucco aggregate of 20/30 shall be utilized on the exterior of the building and that no foam will be used as a trim material. B. Police Department 1. The underground parking area shall be secured with an access control gate. 2. The underground podium parking stairwells shall be open to the interior of the parking area. 3. A detailed Special Event Parking Plan shall be submitted prior to the commencement of any special event on the premises. The Plan shall include details including, but not limited to, the dates of the event, the • hours of operation, the anticipated occupancy of the event, the location of all off-site parking areas, and the types of transportation to be used to/from the event • Resolution No. 20]3-12 Page 8 of 10 • EXHIBIT B Conditions for Approval for Variance No 2013-09 Should the Planning Commission approve Variance No. 2013-09 the approval is 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 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. Planninca Division 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2011-32 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 4,025 square feet of the meditation center devoted to assembly area at any time. 5. Landscaping, once installed, shall be maintained per the approved landscape plan. 6. The site occupant shall be responsible for maintaining the premises free from graffiti, including the side of the buildings adjacent to the railroad tracks. All graffiti shall be removed within 24 hours. 7. The Bat Nha Buddhist Meditation Center shall provide a point of contact to the City, adjacent church pastors, and other concerned citizens. The point of contact shall be located on the premise and is responsible for responding to neighborhood concerns. 8. There shall be no amplification devises, including but not limited to speakers, permitted on the exterior of the building. Resolution No. 2013-12 Pale 9 of 10 • AUGUST 26, 2013 PAGE 2 OF 2 9. A parking agreement shall be secured with the Santa Ana Unified School District (SAUSD) for use of the Lincoln Elementary School parking lot. 10. Prior to submittal into building plan check, the plans shall note that the minimum stucco aggregate of 20/30 shall be utilized on the exterior of the building and that no foam will be used as a trim material. B. Police Department 1. The underground parking area shall be secured with an access control gate. 2. The underground podium parking stairwells shall be open to the interior of the parking area. 3. A detailed Special Event Parking Plan shall be submitted prior to the commencement of any special event on the premises. The Plan shall include details including, but not limited to, the dates of the event, the • hours of operation, the anticipated occupancy of the event, the location of all off-site parking areas, and the types of transportation to be used to/from the event. C Resolution No. 2013-12 Page 10 of 10