Item 37 - Appeal No. 2023-07 Denial of CUP No. 2023-18 Anchor Stone Christian Church: 2938 S. Daimler Street

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City Response to Anchor Stone Christian Church ADDeal No. 2023-07 developments. (DeVita v. Cty. of Napa, 9 Cal. 4th 763, 773 (1995); citing Neighborhood Action Group, 156 Cal.App.3d at 1183.). The General Plan Land Use Element land use designation describes the site's Flex-3 and allowable uses are as follows: The Industrial/Flex designation is intended to provide context -appropriate development in areas with existing industrial uses. When adjacent to existing residential neighborhoods, this designation can provide a buffer between homes and traditional industrial uses. When adjacent to urban -scale mixed -use development, this designation is more free to emphasize significant employment opportunities. Industrial/Flex allows for clean industrial uses that do not produce significant air pollutants, noise, or other nuisances typically associated with industrial uses, including office -industrial flex spaces, small-scale clean manufacturing, research and development and multilevel corporate offices, commercial retail, artist galleries, craft maker spaces, and live -work units. Adaptive reuse of buildings to accommodate live -work units is encouraged. Standalone residential is not permitted. Building form and height should reflect the existing context and, if inside a Focus Area, communicate the envisioned character for the area. Based on the land use designation and development policies and allowable uses within the Flex-3 designation, the subject site is not suitable for the operation of community assembly, nor does it list community assembly -type uses as permissible under the land use designation. Conversely, land use designations such as General Commercial (GC) and its accompanying zoning districts allow for "retail and service establishments; recreational, cultural, and entertainment uses; business and professional offices; and vocational schools," among which "recreational, cultural, and entertainment uses" provide for community assembly such as religious facilities. During the Planning Commission hearing, the Applicant alleged that staff's denial recommendation of its CUP violated Applicant's religious exercise under the federal statute known as RLUIPA. In general, RLUIPA prohibits a government from implementing a land use regulation that imposes a substantial burden on religious exercise unless the government demonstrates that it furthers a compelling government interest by the least restrictive means. City staff is aware of all applicable laws, including RLUIPA and made its recommendations and proposed findings in accordance with the Santa Ana Municipal Code and all other applicable laws. Comment 4: Applicant asked the Planning Commission to consider RLUIPA but the Planning Commission refused to do so. Response 4: The Planning Commission made a land use determination based on the applicant's proposed land use (i.e., assembly use) for the existing office building. During the Planning Commission hearing, the Applicant alleged that staff's denial recommendation of its CUP violated Applicant's religious exercise under the federal statute known as RLUIPA. In general, RLUIPA prohibits a government from implementing a land use regulation that imposes a substantial burden on religious exercise unless the government demonstrates that it furthers a compelling government interest by the least restrictive means. City staff is aware of 3