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HomeMy WebLinkAbout2004-009 - Allow a Parking Lot for Church Purpose and Denying Modification of Condtional Use Permit No. 1988-11RESOLUTION NO. 2004-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2003-23 SEEKING TO ALLOW A PARKING LOT FOR CHURCH PURPOSES AND DENYING MODIFICATION OF CONDITIONAL USE PERMIT NO. 1988-11 FOR THE PROPERTY LOCATED AT 4405 WEST EDINGER AVENUE (APPEAL NO. 2003-10) Koo - 1/28/04 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: The applicant is requesting approval of Conditional Use Permit No. 2003- 23 to allow a parking lot for church purposes for the property located at 4405 West Edinger Avenue. Applicant is also requesting the modification of a condition of Conditional Use Permit No. 1988-11, to allow the worship area and social hall to be utilized simultaneously. Conditional Use Permit No. 2003-23, and the modification of a condition of Conditional Use Permit No. 1988-11 came before the Planning Commission of the City of Santa Aha for a duly noticed public hearing on September 22, 2003. 1. The Planning Commission fur[her continued the application to October 13, 2003, October 27, 2003 and November 25, 2003. 2. At the November 25, 2003 meeting the Planning Commission, by a vote of 4:3 (De La Torre, Leo and Lutz opposed), voted to approve Conditional Use Permit No. 2003-23 as conditioned and modified a condition of approval for Conditional Use Permit No. 88-11 to allow the worship 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). 1. During the public hearing nineteen (19) speakers opposed to the project, while three (3) speakers spoke in favor of the project, one of which was representing the applicant. Additionally, a petition Resolution No. 2004-009 Page 1 of 8 opposing the project because of the adverse impacts to the neighborhood was presented to the City Council with 343 signatures. 2. The City Council voted by a vote of 6:0 (Pulido abstaining) to deny Conditional Use Permit No. 2003-23, and to deny the modification of a condition of Conditional Use Permit No. 1988-11 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 Aha Municipal Code (SAMC) in the Single Family Residential Zone (R1). 1. The City Council of the City of Santa Ana determines that the following findings, which pursuant to Santa Aha Municipal Code Section 41-638, must be established in order to grant a Conditional Use Permit, have not been established. a. Will the proposed use provide a service or facility, which will contribute to the general well being of the neighborhood or the community? i. The proposed parking lot will not contribute to the general well being of the neighborhood as the church use is currently negatively affecting the neighborhood. The expanded church use will further negatively impact the on street parking shortage, the noise, littering and loitering problems within the surrounding residential neighborhood. ii. Many neighborhood residents are unable to leave their homes during church services because of cars parked blocking driveways, as well as the sheer number of cars parked within their neighborhood making it difficult to enter or exit their neighborhood while church is in session. iii. Impacts such as loitering, noise, litter and parking would continue to negatively impact the residences and further destroy the unique characteristics of this single-family neighborhood. iv. This neighborhood is one of the only locations within Santa Ana that horses are permitted. It is commonly called "Little Texas" because of the common presence of horses, chickens and rabbits, and for the same reasons is thought of as being "country living in the City". Increasing the traffic and parking problems within the neighborhood would destroy this unique Santa Ana neighborhood. v. The City has a compelling governmental interest to avoid impacts such as traffic, parking problems, Resolution No. 2004-009 Page 2 of 8 vi. littering, noise and loitering within a residential neighborhood. There are alternatives available to the church that do not require the expansion of the parking lot including but not limited to: Santa Aha is host to over 80 different religious congregations. Many churches in Santa Aha supplement their on site parking by entering into leases to use existing, adjacent parking lots that are not in use by institutional, retail or office uses during the off-hours during which church services are commonly held. The City encourages such joint use of parking lots. The applicant could lease parking spaces from the school district at the large parking lot located at the nearby Newhope Elementary School. The church did lease this lot up until at least June 30th 1996 for only $100.00 a month in rent. · Lease the vacant commercial property on the southwest corner of Edinger and Newhope. · Lease the commercial property on the northeast corner of Edinger and Lilac Avenue. vii. These or other alternatives could be utilized by the parish for parking which would allow the parishioners to walk to the church or be shuttled to the church. This alternative would alleviate the negative impacts the expansion of the church parking lot would cause to this neighborhood Will the proposed use 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 expansion of the parking lot will be detrimental to persons residing and working in the area as the impacts generated from the site for all of the reasons stated above. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? i. The expansion of the parking lot will negatively affect the economic stability or future economic development in the area because of the public nuisance the church Resolution No. 2004-009 Page 3 of 8 is causing to the single-family neighborhood which is discussed above. ii. The adverse impacts (e.g., parking, noise and litter) of the church use expansion will affect the economic stability or future economic development of properties directly adjacent to the church, as these properties will be less desirable to purchase because of these adverse impacts. iii. To further expand the church use would exacerbate the existing nuisance thereby causing fiscal instability within this unique neighborhood. d. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed new parking lot would, if built, be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code and all applicable county and state provisions, including ADA requirements. However, a parking variance would be required unless the applicant removes some existing seating in the social hall. While the applicant has agreed to do so, the only way for the City to ensure that this condition continued to be met would be by periodic inspection. In the past the applicant has sought to add, not remove seating. e. Will the proposed use adversely affect the General Plan or any specific plan of the City? The granting of the Conditional Use Permit will adversely affect the General Plan of the City since it does not satisfy one of the policies contained within the Land Use Element. Policy 3.1 which states, "[s]upport development which provides a positive contribution to neighborhood character and identity" will not be satisfied by the project due to the increase in traffic, on street parking shortage, double parking, noise, and litter within the neighborhood. Overcrowded street parking, excessive noise, and litter are signs of neighborhood dilapidation, which is detrimental to the quality of life and attractiveness of a project. 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. Resolution No. 2004-009 Page 4 of 8 The City Council of the City of Santa Aha determines that the following findings, which pursuant to Santa Ana Municipal Code Section 41-638, must be established in order to grant a Conditional Use Permit, have not been established. a. Will the proposed use provide a service or facility, which will contribute to the general well being of the neighborhood or the community? i. The simultaneous use of the church and social hall for church services will not contribute to the general well being of the neighborhood as the expanded church use will further impact the on street parking problems within the surrounding residential neighborhood. ii. Residents are unable to enter or exit their properties while the church is in session because of blocked driveways and the significant number of vehicles parked on the street within the neighborhood. iii. Additionally, the increase in on street parking, the noise, littering and loitering problems generated by the church are negatively affecting the unique residential neighborhood. iv. This neighborhood is one of the only locations within Santa Ana that horses are permitted. It is commonly called "Little Texas" because of the common presence of horses, chickens and rabbits, and for the same reasons is thought of as being "country living in the City". Increasing the traffic and parking problems within the neighborhood would destroy this unique Santa Ana neighborhood. v. The City has a compelling governmental interest to avoid impacts such as traffic, parking problems, littering, noise and loitering within a residential neighborhood. vi. The current conditions of Conditional Use Permit No. 1988-11 prohibit simultaneous use of the church and social hall for church services and provide there must be a one-half hour separation between the uses of the two areas. This separation is to allow for the clearing of the parking lot between uses. vii. Currently even with the existing conditions, there are significant problem within the neighborhood due to the church use. The existing conditions are insufficient to mitigate the adverse impacts caused by the church use. Therefore, modifying these conditions would Resolution No. 2004-009 Page 5 of 8 Resolution No. 2004-009 Page 6 of 8 further exacerbate the problems within the neighborhood, while maintaining the status quo is the least restrictive means of limiting the church. viii. There are alternatives available to the church that do not require the expansion of the parking lot or the simultaneous use of the church and social hall including but not limited to: · The Church is not limited on the number of services they can have during the operating hours of 7:00 am to 9:00 pm Sunday through Thursday and 7:00 am through 10:00 pm on Friday and Saturday. · There are other locations in which to have simultaneous services other than the social hall of the church. ix. The simultaneous use of the church and the social hall for church services will substantially increase the burden on the neighborhood while maintaining the condition will not substantially burden the church as they will still be able to conduct multiple church services. Will the proposed use 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 simultaneous use of the church and social hall for church services will be detrimental to persons residing and working in the area as the impacts generated from the site for all of the reasons stated above. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The Archangel Coptic Church currently occupies the site. The simultaneous use of the church and social hall for church services will affect the economic stability or future economic development in the area because of the public nuisance the church is causing to the single-family neighborhood. The adverse impacts (on street parking shortage, noise and litter) of the church use expansion will affect the economic stability or future economic development of properties directly adjacent to the church, as these properties will be less desirable to purchase as the neighborhood looses its residential qualities. To further expand the church use would exacerbate the existing nuisance thereby causing fiscal instability within this unique neighborhood. d. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed new parking lot would, if built, be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code and all applicable county and state provisions, including ADA requirements. However, a parking variance would be required unless the applicant removes some existing seating in the social hall. While the applicant has agreed to do so, the only way for the City to ensure that this condition continued to be met would be by periodic inspection. In the past the applicant has sought to add, not remove seating. e. Will the proposed use adversely affect the General Plan or any specific plan of the City? The granting of the Conditional use Permit will adversely affect the General Plan of the City since it does not satisfy several of the policies contained within the Land Use Element. Policy 3.1 which states, "[s]upport development which provides a positive contribution to neighborhood character and identity" will not be satisfied by the project due to the increase in traffic, on street parking shortage, noise, and litter to the neighborhood. Overcrowded street parking, excessive noise, and litter are signs of neighborhood dilapidation, which is detrimental to the quality of life and attractiveness of a project. G. As discussed above, the impacts of this project cannot be mitigated below a level of significance. In accordance with the California Environmental Quality Act, this is not a project; no environmental documentation will be prepared for this project. Section 2. The City Council of the City of Santa Ana after conducting the public hearing herby denies Conditional Use Permit No. 2003-23 and denies the request to modify the conditions of Conditional Use Permit No. 1988-11 to allow the worship area and social hall to be utilized at the same time for worship services. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Council Action dated January 20, 2004 and exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference. Resolution No. 2004-009 Page 7 of 8 Section 3. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this 2nd day of February, 2004 ,/~Miguel A. Pulido ayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: NOES: ABSTAIN: Councilmembers: Councilmembers: Councilmembers: Alvarez, Bist, Christy, Franklin, Garcia, Solorio (6) None (0) Pulido (1) NOT PRESENT: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRiCIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2004-009 to be the original resolution adopted by the City Council of the City of Santa Aha on February 2, 2004. Clerk of the Council City of Santa Aha Resolution No. 2004-009 Page 8 of 8