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HomeMy WebLinkAbout2000-033 - Approving Negative Declaration No. 99-179129 RESOLUTION NO. 2000-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING NEGATIVE DECLARATION NO. 99-179 AND CONDITIONALLY APPROVING CONDITIONAL USE PERMIT NO. 00-02 AND MINOR EXCEPTION NO. 00- 02 TO PERMIT A SANCTUARY AND ANCILLARY CHURCH FACILITIES ON A 4.55 ACRE LOT LOCATED AT 288 SOUTH HARBOR BOULEVARD THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY RESOLVE AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. The City's Planning Commission held a public hearing on Apdl 10, 2000, on Zoning Ordinance Amendment ("ZOA") No. 00-02, Conditional Use Permit Application No. 00-02, and Minor Exception No. 00-02, to permit a 20,628 square foot, 1090 seat sanctuary together with 19,803 square foot ancillary church facilities with shared parking on a 4.55 acre lot located at 288 South Harbor Boulevard south of First Street. At the same time, the Commission considered a negative declaration prepared pursuant to the California Environmental Quality Act relating to this project. B. The Planning Commission has formally recommended that the City Council approve and certify this negative declaration, adopt an ordinance amending the specific plan and grant the conditional use permit and minor exception subject to specific conditions. C. The City Council, after holding a noticed public hearing on this date and being fully informed, desires to approve this project. Section 2. The City Council has reviewed and considered the information contained in the initial study and the negative declaration (Environmental Review No. 99-179) prepared with respect to this project. The City Council 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 project, which includes ZOA No. 00-02 and the matters addressed in this resolution. On the basis of this review, the City Council 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 City Council hereby certifies and approves the negative declaration 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 XlV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no Resolution No. 2000-033 Page 1 of 7 130 evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the habitat upon which the wildlife depends. Therefore, pursuant to Fish and Game Code § 711.2 and Title XlV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The City Council approves Conditional Use Permit No. 00-02 as conditioned in Exhibit A hereto, which is incorporated herein by this reference as though fully set forth. This Conditional Use Permit is further conditioned, and the rights thereunder shall not be valid or vest, unless and until the ordinance adopting ZOA No. 00- 02, as set forth above, becomes effective. This approval is based upon the following findings and determinations: Will the new Catholic Church provide a service or facility that will contribute to the general well being of the neighborhood or community? The proposed church and parish facility, as conditioned, will provide community service and ministries contributing to the long-term success of the neighborhood. The Diocese of Orange has identified a substantial need for an additional church in west Santa Ana. Conditions of approval have been developed in order to mitigate potential impacts of a chumh on this site. These include the limiting of facility use on the premises to ensure shared parking and upgrade of the site to meet or exceed development standards. Will the proposed use under the circumstances of a church be detrimentel to the health, safety or general welfare of persons residing or working in the vicinity? The project, as conditioned, will not create impact or be detrimental to the overall site or neighborhood. Site improvements will be made to improve the site and mitigate circulation impacts on Harbor Blvd, parking concerns, safety issues, noise impacts and design concerns. Will the proposed use adversely affect the present economic stability or future economic development of property in the surrounding area? The proposed church and ancillary facilities should not adversely affect the present and future economic stability of property in the surrounding area. The church and its design, as conditioned, provides visual improvement to the area. The economic viability of the area will not be decreased. As conditioned, the project should not have any impacts on the economics of the area. Will the proposed church comply with the regulations and conditions specified in the Santa Ana Municipal Code for such a use? As conditioned and with Minor Exception 00-02 for shared parking, the proposed facility complies with the Harbor Blvd. Specific Plan, zoning code, and design standards for such uses. Resolution No. 2000-033 Page2 of 7 131 Will the proposed use adversely affect the General Plan of the City or any specific plan applicable to the area of the proposed use? The church at this location is consistent with the General Plan. The proposed activities on the site and zoning are consistent with the General Plan of Santa Ana. Section 4. Based upon substantial evidence in the record City Council hereby approves Minor Exception No. 00-02 as conditioned in Exhibit B hereto, which is incorporated herein by this reference as though fully set forth. This Minor Exception is further conditioned, and the dghts thereunder shall not be valid or vest, unless and until the ordinance adopting ZOA No. 00-02, as set forth above, becomes effective. This approval is based upon the following findings and determinations of the City Council made pursuant to section 41-638.1 of the Santa Ana Municipal Code: Will the uses on the premises of the new Catholic Church provide no conflict between parking for one use and parking for another use due to differences in time between the primary utilization of parking as between such uses? As conditioned, the project sanctuary, the highest parking generator on the site, will only be utilized when all other uses on the property will remain in non-use. This is consistent with the operation plan of the new parish. B. Will the effect of granting the variance substantially increase difficulties of vehicular maneuverability or traffic congestion? As conditioned and designed, the project on and off-site circulation will not be impacted by the granting of shared parking between the on-site uses of the property. ADOPTED this 1st day of May, 2000. A'I-I'EST: Patricia E. Healy Clerk of the Council Resolution No. 2000033 Page 3 of 7 132 COUNCILMEMBERS: Pulido Aye Lutz Aye Bist Aye Chdsty Aye Franklin Aye McGuigan Aye Moreno Aye APPROVED AS TO FORM: CERTIFICATE OF ORIGINALITY & PUBLICATION I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Resolution No. 2000-033 to be the original resolution adopted by the City Council of the City of Santa Ana on May 1, 2000. K'"" City of Santa Ana Resolution No. 2000-033 Page 4 of 7 '133 Resolution No. 2000-033 Exhibit A Conditions of Approval Conditional Use Permit No. 00-02 Conditional Use Permit No. 00-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Aha 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. A. Plannina Division Comply with the conditions and requirements of DP No. 99-103 and the staff report exhibits. 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. The use is limited to a chumh and ancillary parish buildings with no school. There shall be no more than 1,090 seats or occupancy of the chumh at any time, The parish will remove any graffiti occurring on the property within 48 hours. Litter shall be removed from ~he property within three hours after any assembly activity (Modified by the Planning Commission April 10, 2000) The use of the property is limited to a chumh and related parish buildings. No thrift shops, food distribution programs nor rehabilitation programming may occur out of the premises. All new trees in the required front landscape setback abutting streets shall be 24-inch box size or larger. After project occupancy, landscaping is to be maintained to include the minimum levels of plant materials installed at the time of occupancy. The Diocese of Orange shall provide its best effort to secure a reciprocal access easement out to First Street via the adjacent property to the north from the northeast corner of the site. Resolution No, 2000-033 Page 5 of 7 133 Resolution No. 2000-033 Exhibit A Conditions of Approval Conditional Use Permit No. 00-02 Conditional Use Permit No. 00-02 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 prior to exercising the rights conferred by this conditional use permit. A. Planninq Division Comply with the conditions and requirements of DP No. 99-103 and the staff report exhibits. 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. 3. The use is limited to a church and ancillary parish buildings with no school. There shall be no more than 1,090 seats or occupancy of the church at any time. The parish will remove any graffiti occurring on the property within 48 hours. ~i~ ~[Vi~ (Modified by the Planning Commission April fO, 2000) The use of the property is limited to a church and related parish buildings. No thrift shops, food distribution programs nor rehabilitation programming may occur out of the premises. All new trees in the required front landscape setback abutting streets shall be 24-inch box size or larger. After project occupancy, landscaping is to be maintained to include the minimum levels of plant materials installed at the time of occupancy. The Diocese of Orange shall provide its best effort to secure a reciprocal access easement out to First Street via the adjacent property to the north from the northeast corner of the site. Resolution No. 2000-033 Page 5 of 7 '134 10. Public payphones if provided may only be located within buildings or in the interior courtyard. 11. The church shall be designed with no operable openings facing adjacent residential uses and shall include a minimum height six foot masonry wall on the side and rear property lines to minimize potential noise impacts 12. Mitigation measures as identified in Negative Declaration ER 99-179 are incorporate by reference as conditions of approval. 13. The parking facilities shall not be used for any other use than the parking of vehicles. (Modified by City Council May l, 2000) Resolution No. 2000-033 Page 6 of 7 135 Resolution No. 2000-033 Exhibit B Conditions of Approval Minor Exception No. 00-02 Minor Exception No. 00-02 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 prior to exercising the rights conferred by this minor exception. A. Planning Division Comply with the conditions and requirements of DP No. 99-103 and the staff report exhibits. 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. There shall be no more than 1,090 seats or occupancy of the church at any time. Mailings and announcements requesting parishioners to walk, carpool and/or attend earlier or later Masses, and to refrain from parking in the residential neighborhoods. Change the Parish Hall meeting from 2 p.m. to 2:30 p.m. to avoid potential overlap w~ttl tile I pm. Mass. No assembly activity ~rl the hall or meeting room may occur within a half-hour prior to and after a mass. (Modified by the Planning Commission April 10, 2000). The Diocese of Orange shall provide its best effort to secure a reciprocal access easement out to First Street via the adjacent property to the north from the northeast corner of the site. In order to ensure the site operates in a shared use manner, the use of meeting rooms and the hall fo!;~i~ ~ is limited to when the church services are not occurring. (Modified by the Planning Commission April lO, 2000). (Modified by City Counc# May 1, 2000). Resolution No. 2000-033 Page 7 of 7