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HomeMy WebLinkAboutRESO 2016-11_2323 N Grand Ave (Central Baptist Church)LS — 03/28/16 RESOLUTION NO. 2016-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016-06 AS CONDITIONED TO ALLOW THE CENTRAL BAPTIST CHURCH TO OPERATE AND VARIANCE NO. 2016-01 AS CONDITIONED TO ALLOW A REDUCTION IN THE REQUIRED STREET SETBACK FOR THE PROPERTY LOCATED AT 2323 NORTH GRAND 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. 2016- 06 to allow a church use to occupy an existing building and Variance No. 2016-02 to allow a reduction in the required landscaped setback for a proposed church at 2323 North Grand Avenue. B. Conditional Use Permit No. 2016-06 and Variance No. 2016-01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on March 28, 2016 to consider all testimony, written and oral. C. Conditional Use Permit No. 2016-06 has been filed with the City of Santa Ana seeking to allow a church use within an existing building 1. Section 41-201.5(1) of the Santa Ana Municipal Code requires a conditional use permit for churches in the General Agricultural (A-1) zoning district. 2. The site contains an existing 3,831 -square -foot building that has been vacant for several years but was previously occupied by a school use. 3. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. i. The proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or the community. Resolution No. 2016-11 Page 1 of 7 Central Baptist Church will provide services that contribute to the well-being of the surrounding community. The proposed rehabilitation of a building that has been vacant for several years will allow the church the ability to provide religious and other related services that will benefit the community. As access to the site is from Grand and Santa Clara Avenues, and the project is located on two primary arterial streets, no neighborhood traffic impacts will be generated. ii. The proposed use, under the circumstances of the particular case, will be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. The church will not negatively impact residents or workers in the area since the church and related programs operate exclusively on a site that is separated from the adjacent single-family uses by a block wall. Further, the 32 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. iii. The proposed use will adversely affect the present economic development of property in the surrounding area. The proposed church will not adversely affect the economic viability of the area. The occupation of a vacant building with a new use will result in a positive addition to the surrounding area and will complement and improve the economic viability of the area. iv. The proposed use will comply with the regulations and conditions specified in this chapter for such use. The Central Baptist 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 with the exception of the required landscaped setback standard. However, the applicant is applying for a variance to obtain relief from this standard. Resolution No. 2016-11 Page 2 of 7 V. The proposed use will not adversely affect the general plan of the city or any specific plan applicable to the area of the proposed use. 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. D. The Planning Commission determines that for Variance No. 2016-01 the following findings, which must be established pursuant to Santa Ana Municipal Code (SAMC) Section 41-638 in order to grant a variance from the provision of the Santa Ana Municipal Code have been established: 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 existing placement of the building on the site, it is infeasible to meet the minimum 15 foot landscape standard without a reduction in almost half of the proposed parking stalls. Therefore, denial of the variance would deprive the property owner the privilege of utilizing the site to its maximum potential. 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 the opportunity to rehabilitate an outdated building and site while allowing the building to be occupied by a new church use with a reduced landscaped setback. Enhanced drought -tolerant landscaping will be installed to assist in minimizing the impact of the reduced setback. 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 Resolution No. 2016-11 Page 3 of 7 been designed to comply with all applicable development standards except for the minimum landscaped setback standard. Further, off-site improvements will be provided to address disabled accessibility issues from the public right-of- way to the site. The proposed building will be rehabilitated to blend with the surrounding buildings and will not be materially detrimental to the public welfare or injurious to surrounding property. 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 General Commercial (GC) allows uses such as churches and other religious facilities. Further, the project will be consistent with Goals 1 and 3 of the Land Use Element as the project will promote a balance of land uses and will improve the character and integrity of the neighborhood. E. In accordance with the California Environmental Quality Act, the recommended action has been reviewed through per Environmental Review No. 2015-76. It has been found that the project will not result in any impact on the environment and is therefore exempt by the General Rule provision of CEQA. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana hereby approves the conditional use permit and variance for the project subject to conditions outlined in Exhibit A and Exhibit B. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated March 28, 2016, and exhibits attached thereto, and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2016-11 Page 4 of 7 ADOPTED this 28th day of March, 2016 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, McLoughlin, Mill, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner (1) ABSTENTIONS: Commissioners: None (0) n Jams Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: [ A ' Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016-11 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 28, 2016. Date: ljld s)) 0 Acting Recording Secretary City of Santa Ana Resolution No. 2016-11 Page 5 of 7 *3:II:i1/G1 Conditions of Approval for Conditional Use Permit No. 2016-06 Should the Planning Commission approve Conditional Use Permit No. 2016-06 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 belowrip 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 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. 2015-34 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 151 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. B. Public Works Agency 1. Prior to issuance of a building permit, either submit an easement agreement between the subject parcel and the parcel to the north that will allow the trash truck to cross property lines or obtain a will serve letter from Great Western accepting the on-site truck movements. Resolution No. 2015-11 Page 6 of 7 EXHIBIT B Conditions of Approval for Variance No. 2016-01 Should the Planning Commission approve Variance No. 2016-01 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 belowrip 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. All proposed improvements must conform to the Site Plan Review approval of DP No. 2015-34 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 151 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. B. Public Works Agency 1. Prior to issuance of a building permit, either submit an easement agreement between the subject parcel and the parcel to the north that will allow the trash truck to cross property lines or obtain a will serve letter from Great Western accepting the on-site truck movements. Resolution No. 2015-11 Page 7 of 7