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HomeMy WebLinkAbout2004-006 Not AdoptedRESOLUTION NO. 2004-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2003-23 TO ALLOW A PARKING LOT FOR CHURCH PURPOSES AND TO MODIFY CONDITIONAL USE PERMIT NO. 1988-11 FOR THE PROPERTY LOCATED AT 4405 WEST EDINGER AVENUE (APPEAL NO. 2003-10) Koo - 1/12/04 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the ;ity of Santa Ana hereby finds, determines and declares as follows: The applicant is 23 allow a parking West Edinger and social hall Conditional Conditior~ Commi Se Conditional Use Permit No. 2003- :or the property located at 4405 Jesting the modification of a , to allow the worship area for worship services. the modification of a condition of -11 came before the Planning a for a duly noticed public hearing on sion further continued the application to 2003 and November 25, 2003. 2. 2003 meeting the Planning Commission, by a .a Torre, Leo and Lutz opposed), voted to approve e Permit No. 2003-23 as conditioned and modified a approval for Conditional Use Permit No. 88-11 to allow the wors ~lp area and social hall to be utilized at the same time for worship services. Appeal No. 2003-10 was filed appealing the November 25, 2003 decision of the Planning Commission. On January 20, 2004, the City Council of the City of Santa Ana held a duly noticed public hearing on Conditional Use Permit No. 2003-23, and the modification of a condition of Conditional Use Permit No. 1988-11. (Appeal No. 2003-10) Santa Ana Municipal Code Section 41-232.5 (a) of the Santa Ana Municipal Code (SAMC) allows churches subject to the issuance of a conditional use permit of the Santa Ana Municipal Code (SAMC) in the Single Family Residential Zone (R1). Resolution No. 2004-00~, Page I of 7 Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. i. Will the proposed use provide a service or facility, which will contribute to the general well being of the neighborhood or the community? The proposed parking lot will assist in reducing impacts to the surrounding neighborhood by providing additional on-site parking, thereby reducing the potential for parking within the surrounding residential neighborhood. ii. Will the use under the circumstances of the parti¢ .~ detrimental to the health, safety or general wel' or working in the vicinity? ~rking lot will not be detrimental to nd working in the area as site nditions of approval, including been required in order to from the site. iii. Will the present economic stability ~ent of properties surrounding The site i~ ~gel Coptic Church. TI lot to add 49 parking space,~ ~conomic stability or future economic d the area. iv. Will the proposed use co~ the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed facility will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code. The use will also comply with all applicable county and state provisions, including ADA requirements. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan. Churches and accessory church uses are permitted within the Low Density Residential (LR- 7) land use designation. Resolution No. 2004-006 Page 2 of 7 F. The applicant has also requested modification of a condition of Conditional Use Permit No. 1988-11, to allow the simultaneous use of the church and social hall for church services. 1. The applicant had added 49 new parking stalls to allow the simultaneous use of the church and social hall for church services. With the addition of these parking stalls the church meets the City's parking standards. G. In accordance with the California Environmental Quality Act, a Categorical Exemption, Environmental Review No. 2003-85 will be prepared for this project. Section 2. Based upon the evidence submitted at the abovesaid hearing which includes but not is not limited to: the Staff report and exhibits attached thereto; and the public testimony; all of which are incorporated herein by this reference, The City Council of the City of Santa Ana hereby, approves: A. Conditional Use Permit No. hereto and incorporated herei~ B. The request to modify the 11 to allow the worship for worship services. Section 3. This. Resolutio~ the City Council, and tt~e Clerk of this Resolution. in Exhibit "A" attached Use Permit No. 1988- at the same time lately upon its adoption by and certify the vote adopting ADOPTED this Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By:. Kylee O. Otto Deputy City Attorney Resolution No. 2004-006 Page 3 of 7 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF A'FFESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. the original resolution adopted by the City Council of the City of Santa Ana o Date: lcil Resolution No. 2004-006 Page 4 of 7 Conditions for Approval for Conditional Use Permit No 2003-23 Conditional Use Permit No. 2003-23 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: 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. PlanninR Division 1. All church special events, includir fundraisin( activities, shall be )rohibited 2. An eight-foot tall the north 3. Revised plans id must be not to exceed 150 patrons ting plan check ~ ~y~ The remaining landscaped to meet the parking lot lust be repaired, repainted and re- 3ermits for Permit parking must be established in the neighborhood located north of the church ~rior to issuance for the new parking lot [tA~ Temporary construction fencing for the new mesh to reduce into the site lot must include reen EXHIBIT A Resolution No. 2004-00(~ Page 5 of 7 A lot line adjustment shall be filed prior to Building Plan Check to facilitate the consolidation of the project site into one lot. The church operating hours shall be limited to 7:00 am to 9:00 pm Sunday through Thursday and 7:00 am through 10:00 pm on Friday and Saturday except that the church may remain open until 12 midnight on the following Coptic Church holidays: New Years Eve, Easter Eve, Epiphany, and Christmas Eve (celeb~ January 5). 10. This conditional by the Plannin ~ll be subject to be reviewed every six months 11. to the o in related functions only and subject 3. 12. A six-foot wall be facing on Regent Drive and the main g~l~rc~ac 13. A six-foot wall shall be c~ed-alon.( .lines abutting the residential parcels prior to th~'~,encement :ion of the existing st ructures or other co nstru ction a'~.,.~. 14. A lot line adjustment creating one pa'~"ft~r,,tl~ project shall be filed with the Planning Director prior to the issuance~f~Suilding permits. 15. The residential structures fronting on regent Drive shall be used only for residential purposes (including use as a guest house). 16. The grantee shall construct a new full width (8-foot) sidewalk along Edinger Avenue. 17. The grantee shall establish a "No Stopping Anytime" zone on Edinger Avenue as approved by the Public Works Agency staff. EXHIBIT A Resolution No. 2004-00G Page 6 of 7 18. 19. 20. 21. 22. 23. 24. The grantee shall construct a raised median and striping street improvement plan for Edinger Avenue from the east side of Newhope Street across subject property frontage. (Note: Median plan to be approved by the City of Fountain Valley Public Works Agency). The grantee shall install a "Right Turn Only" sign at the church driveway on Edinger Avenue. The grantee shall close the drive approaches on Regent Drive serving the existing garages which are to be removed. The grantee shall construct one new drive approach on Regent Drive per the approved Improvement Plan to the new garage structure. No use of basketball hoops or parking lot area. )rting equipment in the P2d!cck the gate guest lot. and the church Review of Conditional months. Planning Commission in six EXHIBIT A Resolution No. 2004-00~ Page 7 of 7