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HomeMy WebLinkAbout31A - CUP-1201 W. SECOND ST. REQUEST FOR COUNCIL ACTION ~i ~ta~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: ~ MARCH 21, 2005 TITLE: CONDITIONAL USE PERMIT NO. 2005-01 AND MINOR EXCEPTION NO. 2005-01 TO ALLOW A CHURCH IN THE TWO-FAMILY RESIDENCE (R2) ZONING DISTRICT AT 1201 WEST SECOND STREET - STARLIGHT BAP~+-ST C~CH, APPLICANT /:; '7 / ,,/ " I / ,-'- .-' / ./ /~",/~rl'1/ ::~~l-' CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO ------- FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2005-01 as conditioned and Minor Exception No. 2005-01 as conditioned. PLANNING COMMISSION ACTION On February 28, 2005, the Planning Commission approved Conditional Use Permit No. 2005-01 as conditioned and Minor Exception No. 2005-01 as conditioned by a vote of 6:0 (Cribb absent) to allow a church in the two- family residence (R2) zoning district and allow an off-site parking lot across the street at 1201 West Second Street. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. Ste en G. Hardi g Executive Director Planning & Building Agency AN:rb an\plancomm\cup05-01me05-01.cc 31A-1 REQUEST FOR Planning Commission Action (~I ~~~ / l' --....... I \',~ca IOn 1St ; ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: FEBRUARY 28, 2005 TITLE: PUBLIC HEARING - FILED BY STARLIGHT BAPTIST CHURCH FOR CONDITIONAL USE PERMIT NO. 2005-01 AND MINOR EXCEPTION NO. 2005-01 TO ALLOW A CHURCH IN THE TWO-FAMILY RESIDENCE (R2) ZONING DISTRICT AT 1201 WEST SECOND STREET Prepared by Ann Hsin-An Ni APPROVED D As Recommended D As Amended D Set Public Hearing For DENIED D Applicant's Request D Staff Recommendation CONTINUED TO 4f;12!:i;eclor ~nning Manager RECOMMENDED ACTION 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2002-446. 2. Adopt a resolution approving Conditional Use Permit No. 2005-01 as conditioned. 3. Adopt a resolution approving Minor Exception No. 2005-01 as conditioned. DISCUSSION Request of Applicant Starlight Baptist Church is requesting approval of Conditional Use Permit No. 2005-01 to allow a church in the Two-Family Residence (R2) zoning district at 1201 West Second Street and Minor Exception No. 2005-01 to allow off-site parking on a lot across the street at 1137 West Second Street. Property Description The subj ect property consists of two sites. Both sites are flat and rectangular in shape. Site 1, the church parcel, is a 0.59-acre parcel presently occupied by a church, a single-family residence and two apartment units. Site 1 is located on the west side of Baker Street in the Two-Family Residence (R2) zoning district and has a General Plan land use designation of Low Density Residential at seven dwelling units per acre (LR7). The property is surrounded by a combination of single- family and multi-family residential to the north, south, east and west. EXHIBIT A 31A-2 Conditional Use Permit No. 2005-01 Minor Exception No. 2005-01 February 28, 2005 Page 2 Site 2, the proposed parking lot, is a 0.28-acre parcel located on the east side of Baker Street between Second and Third Streets and is currently vacant. Site 2 is located in the Professional (P) zoning district and has a General Plan land use designation of Low Density Residential at seven dwelling units per acre (LR7). This property is surrounded by a combination of single-family and multi-family residential to the north, south, east and west (Exhibits 1 and 2) . Project Description The proposed project involves the demolition of the existing 2,200 square foot church, the single-family residence and two apartment units, and the construction of a new two-story, 7,651 square foot church with office space, three classrooms and a community meeting room. The main assembly room includes a pew-seating area that is designed for approximately 148 parishioners. The church will hold two services at 7:00 a.m. and 12:00 p.m. on Sundays (Exhibits 3 and 4) . Access to the proposed proj ect will be provided from Second and Baker Streets. A total of 50 parking spaces will be provided, exceeding the minimum requirement by one space. Twenty-seven spaces will be located on- site and the remaining 23 spaces will be on the adj acent parcel across Baker Street. A minor exception is required to allow parking immediately across a street. The architectural style proposed for this proj ect will complement the residential structures in the vicinity. The exterior material proposed includes a metal seam roof, tile coping, brick veneer, and decorative window surrounds. Additionally, stained glass windows from the existing church are features to be used on the elevations (Exhibit 5). Analysis of the Issues The church use was originally established in 1941 by Second Baptist Church. Starlight Baptist Church moved to this location in 1977 and has been in operation for over 20 years. Due to the growth of the congregation and a need to modernize their facilities, the Starlight Baptist Church proposes to construct a new two-story, 7,651 square foot church at the same location to replace the existing church. Since a church use is conditionally permitted in the Two-Family Residence (R2) zoning district under the current code, expansion of the church requires a conditional use permit. 31A-3 Conditional Use Permit No. 2005-01 Minor Exception No. 2005-01 February 28, 2005 Page 3 The proposed church meets all development standards, including setbacks and parking. A total of 27 parking spaces will be provided on-site with the remaining 23 spaces provided on the site across Baker Street, satisfying the minimum requirement for the sanctuary area of 49 spaces. Additionally, high quality building materials are proposed which will contribute to the overall quality of the neighborhood. A clearly delineated pedestrian walkway is proposed to direct pedestrians from the off-site parking lot to the intersection and to the main church entrance. This walkway is intended to provide access to the church building and improve pedestrian safety. Also, a six-foot high concrete block wall is proposed along the west property of site 1 and the north and east property lines of site 2 with a six to seven foot landscape planter to provide adequate buffer to the adjacent residential use. Additionally, twenty-one 24-inch box Brisbane Box (Tristania Conferta) will be planted within the landscape area to provide screening and shade within the parking area (Exhibit 6). The architectural style proposed is designed to be compatible with the scale, style and character of the surrounding neighborhood. The church use is conditionally permitted within the zone and the proposal meets all development standards. Further, the project complies with the provisions set forth in the Two-Family Residence (R2) zoning district and the Land Use Element of the General Plan. As a result, staff recommends approval of Conditional Use Permit No. 2005-01 and Minor Exception No. 2005-01 as conditioned (Exhibits 7 and 8) . CEQA Compliance In accordance with the California Environmental Quality Act, Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2002-446 has been prepared for this project (Exhibit 9). /JU-/nl; , Artn Hsin-An Ni Associate Planner J~ AN:JM an\plancomm\cup05-01me05-01.pC 31A-4 R2 .j;,I~ 0 R1 R1 12TH :)1 R1 R1 lllH ~I L Rl 10IH bl ]C Rl o R1 I 9TH ST. R1 Rl~344' ~: p t-107 R1 R2 '~~~ LLJ ~~, '----J~LJDAV oL-l"rn-~ [HLJ LJ IR2 R2 ITl ~ 8' R1 z Rl Rl .Rl R2 R2 D r;h; SP 1 Rl ~ ~ L....L 155 ~ P P P R1 R1 P R2 , "' "' "'", ITB ~tg , , n)~ GO o~ 1~~[ ~\ OGC 801~D Do O"~ ~ H ~1 10 DO~i[ f7;PROJECT SITE~ ~ I p t p I:E "I ,'~ ':" so.,: SO., :r;- II!:' S018 .,. IE FIRST ST. C1 R2 R1 R2 C1 R2 II C2 o o -c.- :c o :C i :c : :c= 01 ~ ~ i~[D~D nnnn-n~n WAlNUT 5T R2 R2 HIGHlA S R1 A1 -B C-SM C1 C1-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC M1 M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SD SP A CUP 05-1/ME 05-1 STARLIGHT BAPTIST CHURCH 1137 & 1201 WEST SECOND STREET A &V' - = 500 FEET 1" = 1000 FEET P LAN N N G AND BU LD EXHIBIT 1 31A-5 N G AGE N C Y ~-J ::>~ LE~ ~~ ~f2 ~Cl: ~-J ::>~ LE~ f';:9 5m ::>Cl: .... o -J .... ~ (3 ~ .... SINGL FAMILY W RESID NTIAL W a: .... (/) FAMIL Y NTIA MULTI FAMILY SINGL FAMILY RESI ENTlAL RESID NTlAL THIRD SINGLE MILY MULTI MILY RESIDE TlAL RESIDE TlAL Q~ ::>j::: LE~ ~~ ~~ <J) Q;; ::>~ LE~ f';:9 5m ::>Cl: SINGLE FAMILY RES, Q;;! ::>~ LE~ i=:~ 5Lu ::>Cl: Q-J ::>~ LE~ LuLu -J9 ~f2 ~Cl: MULTI FAMILY RESIDENTIAL SECOND SINGLE FA MIL RESIDENTI L RETAIL SPORTS SHOP PARKING LIQUOR SALON, INSURANCE, ~ ~ BOTANICAL, i=: iJi RESTAURANT Lu ~~ :::>Cl: <{lJ.i <J) FIRST OFF CE B ILDING >--J ~~ LE~ i=:9 5<J) ::>~ Q-J ::>~ LE~ ~~ ~m (jjCl: Q-J Q~ ::>~ ::>i=: LE~ LE~ f';:9 ~~ MULTI FAMILY ~~ ~f2 RESIDENTIAL ~Cl: STREET Q-J ::>~ SIN LE LE~ MULTI FAMILY ~~ RESID NTlAL FA LY ~m R ~Cl: SIN LE MUL I FA IL Y SINGLE FA LY RE IDEN IAL FAMILY R RES. STREET MUL TI FAMILY a: RESIDENTIAL W ~ < m >--J ~"< ::>i=: LE~ f';:9 5f2 ::>Cl: SINGL FA ILY R SIDEN IAL AUTO SERVICE SINGLE FAM. 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II t 'II Ui IMi~t I III '. flll~llllt III 1 Hi il ! 'lI ,'.1 .' 111'1 1.1 1~ pIll! 11111 " ~ sll !tl 11.11'1 1 ihlll! lIi!.lll f Ilni B I I (I t 11 II, ,I.. .-!-.1 d 1111111, 1111.1 ill. ; . I ellllllt lit) Ii i pI! llihll,h!h Ilii~JII I ~lilli u ~ HI 11'1 · · iSislS II Iii; Ipll11 )le"l .' dnIH1l!iINI s=IIII~111Itl ! IfJIIH ,1;..' I 11!'tU!li111 J l~l~IHI !u~ill! i t I u hi . I ;' - '" ( y \ .. J ...... PMODeS ~ (;} ., . .' :." . ' . " '. : ....... . .' .' '. . , ' .' -. .,' . ". .' ' ." '.. ' . '. . , .' .' ,-'..., ,. . L ,'... ". . '. . .. . . . '. . .. .. '. '.' " . . '. ,'. .:. . . . , . CUP 05-1/ME 05-1 EXHIBIT 6 1"- 31~-1a'" Conditional Use Permit No. 2005-01 February 28, 2005 Page 1 of 2 Findings of Fact A. Wi 11 the proposed contribute to the community? use provide general well a service being of or the facility which will neighborhood or the The proposed church facility, as conditioned, will contribute to the general well being of the neighborhood and the community by providing religious and educational services that enhance the local community. B. 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 proposed church will not be detrimental to the general welfare and safety of the surrounding businesses and residents. The proposed church is in compliance with Chapter 41 of the Santa Ana Municipal Code with respect to parking, setbacks and landscaping. Additionally, mitigation measures have been incorporated to minimize the potential impacts generated from the proposed project. C. Will the proposed stability or future the area? use adversely affect the present economic economic development of properties surrounding The proposed church will provide an additional service to the surrounding commercial and residential uses wi thin the vicinity. The City's zoning code allows the church use in the Two-Family Residence (R2) zoning district with a conditional use permit. The church facility will provide services that compliment the surrounding residential neighborhood. As conditioned, the use should enhance rather than adversely affect economic development or stability of the area. D. will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use will be in compliance with the applicable sections of Chapter 41 of the Municipal Code with an approved conditional use permit for the proposed church facility. Additionally, the proposed church facility will be in compliance with the mitigation measures identified in the Negative Declaration. J:*~11 Conditional Use Permit No. 2005-01 February 28, 2005 Page 2 of 2 E. will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed church is in an area designated Low Density Residential, seven dwelling units per acre (LR7) in the General Plan. The use is consistent with the General Plan and zoning district that allows a church facility. 31&12 Minor Exception No. 2005-01 February 28, 2005 Page 1 of 1 Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at minor exception with the intent and purpose of the provisions of this Chapter. There are special circumstances to the subject property. The subject property contains two sites. Site 1 is located on the northwest corner of Second and Baker Streets and Site 2 is located across Baker Street on the northeast corner of Baker and Second Streets. Sufficient parking will be provided on both Site 1 and Site 2 for the proposed church use. Additionally, a covenant is required to be recorded to restrict the use of the parking lot on Site 2 for the church only. B. That the granting of a minor preservation and enjoyment of rights. exception is necessary one or more substantial for the property The granting of the minor exception is necessary to develop the property with a parking lot ancillary to the church use across the street so that sufficient parking will be provided for the church. C. That the granting of a minor exception will not detrimental to the public welfare or injurious property. be to materially surrounding The granting of the minor exception will not be materially detrimental to the public welfare or injurious to surrounding property because the proposed parking lot complies with all development standards set forth in Chapter 41 of the Santa Ana Municipal Code including setbacks and landscaping. D. That the granting of a minor exception will not adversely affect the General Plan of the City. The granting of the minor exception will not adversely affect the General Plan of the City since the proposed parking lot is designed in conformance with the Professional zoning district development standards and General Plan requirements. 31A313 FEBRUARY 28, 2005 PAGE 1 OF4 Conditions for Approval Conditional Use Permit No. 2005-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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. 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. The proj ect shall remain in compliance with Site Plan Review DP No. 2002-93. 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 of the property is limited to a church and related parish buildings and activities. No thrift shops, food distribution programs, full-time parochial school, nor rehabilitation programming may occur on the premises. 4. Prior to issuance of Certificate of Occupancy, a covenant to tie the parking lot use at 1137 West Second Street with the church across the street at 1201 West Second Street shall be recorded. 5. The starting and ending times of church services should be spaced at least one hour to minimize the overlap of departing attendees and arriving attendees. 6. Prior to issuance of building permits, the landscape plans shall be revised to reflect 24 - inch boxed size trees and 5- gallon shrubs for all required plants of this project. :ff~~1 a FEBRUARY 28, 2005 PAGE20F4 7. After proj ect occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. 8. Public payphones, if provided, may only be located within buildings or in the interior of the site. Mitigation Measures 9. During construction, the contractor would be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans for the proposed project shall reflect the appropriate notes. 10. All materials excavated or graded will be sufficiently watered to prevent excessive amount of dust. 11. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 12. Streets surrounding the project site should be cleaned at the end of each day of construction. 13. All materials transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 14. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. 15. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 16. To the extent feasible, gasoline powered equipment shall be used for on-site and off-site construction activities. 17. Prior to the issuance of grading permit, the applicant shall submit for review and approval a surface drainage/grading plan/erosion control plan, prepared by a registered Civil Engineer, showing the direction and means of flow to adj acent streets. The plan is to include existing and proposed elevations at and adj acent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. 31A-715 FEBRUARY 28, 2005 PAGE30F4 18. Prior to issuance of demolition permits, a remediation plan shall be prepared and approved by the City of Santa Ana to remove asbestos containing building materials. 19. The removal of asbestos containing building materials shall be conducted by a state licensed contractor. 20. Prior to issuance of a grading permit, the project applicant shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit, which includes a copy of the project permit number and two copies of the storm Water Pollution Prevention Plan. 21. Prior to issuance of a grading permit, the applicant shall prepare an NPDES post-construction storm water management plan per Orange County Drainage Area Management Plan (DAMP) that includes all structural and non-structural Best Management Practices. a. Submit and have approved a surface drainage/utility plan that includes all Structural Best Management Practices. b. Provide two copies of the Water Quality Management plan that includes a description of all applicable Structural and Non- Structural Best Management Practices, which may apply to this project. 22. Prior to issuance of building permits, the applicant shall prepare a surface water runoff study to show existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adj acent storm drain facility. 23. Grading plans and building plans for the proposed project shall note that construction activities on the project site shall be limited to the hours of 7: 00 a. m. to 8: 00 p. m. Monday through Friday, 8:00 a.m. to 8:00 p.m. on Saturdays and not permitted on Sundays or federal holidays. 31A-716 FEBRUARY 28, 2005 PAGE 4 OF4 B. Police Department 1. All structures and parking lot must conform to the provisions of Chapter 8, Article II Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 31A-717 FEBRUARY 28, 2005 PAGEIOF3 Conditions for Approval Minor Exception No. 2005-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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. 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 minor exception. A. Planning Division 1. The proj ect shall remain in compliance with Site Plan Review DP No. 2002-93. 2. Any amendment to this minor exception 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. Prior to issuance of Certificate of Occupancy, a covenant to tie the parking lot use at 1137 West Second Street with the church across the street at 1201 West Second Street shall be recorded. 4. The starting and ending times of church services should be spaced at least one hour to minimize the overlap of departing attendees and arriving attendees. 5. Prior to issuance of building permits, the landscape plans shall be revised to reflect 24 - inch boxed size trees and 5- gallon shrubs for all required plants of this project. 6. After proj ect occupancy, include the minimum level time of occupancy. landscaping is to be maintained to of plant materials installed at the 31A"718 FEBRUARY 28, 2005 PAGE 2 OF 3 Mitigation Measures 7. During construction, the contractor would be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans for the proposed project shall reflect the appropriate notes. 8. All materials excavated or graded will be sufficiently watered to prevent excessive amount of dust. 9. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 10. Streets surrounding the project site should be cleaned at the end of each day of construction. 11. All materials transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 12. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. 13. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 14. To the extent feasible, gasoline powered equipment shall be used for on-site and off-site construction activities. 15. Prior to the issuance of grading permit, the applicant shall submit for review and approval a surface drainage/grading plan/erosion control plan, prepared by a registered Civil Engineer, showing the direction and means of flow to adj acent streets. The plan is to include existing and proposed elevations at and adj acent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. 16. Prior to issuance of demolition permits, a shall be prepared and approved by the City remove asbestos containing building materials. remediation plan of Santa Ana to 31Ar19 FEBRUARY 28, 2005 PAGE30F3 17. The removal of asbestos containing building materials shall be conducted by a state licensed contractor. 18. Prior to issuance of a grading permit, the proj ect applicant shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit, which includes a copy of the project permit number and two copies of the storm Water Pollution Prevention Plan. 19. Prior to issuance of a grading permit, the applicant shall prepare an NPDES post-construction storm water management plan per Orange County Drainage Area Management plan (DAMP) that includes all structural and non-structural Best Management Practices. a. Submit and have approved a surface drainage/utility plan that includes all Structural Best Management Practices. b. Provide two copies of the Water Quality Management plan that includes a description of all applicable Structural and Non-Structural Best Management Practices, which may apply to this project. 20. Prior to issuance of building permits, the applicant shall prepare a surface water runoff study to show existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adj acent storm drain facility. 21. Grading plans and building plans for the proposed project shall note that construction activities on the project site shall be limited to the hours of 7:00 a.m. to 8:00 p.m. Monday through Friday, 8:00 a.m. to 8:00 p.m. on Saturdays and not permitted on Sundays or federal holidays. B. Police Department 1. All structures and parking lot must conform to the provisions of Chapter 8, Article II Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 31Ay20 MAYOR Miguel A. Pulido MA YOR PRO TEM Lisa Bist COUNClLMEMBERS Claudia C. Alvarez Carlos Bustamante Alberta D. Christy Mike Garcia Jose Solorio ~ ~ CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. Box 1988. Santa Ana, California 92702 (714) 667-2700. Fax (714) 973-1461 www.santa-ana,org CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION This is to inform the general public that the City of Santa Ana proposes to adopt a Negative Declaration for the following project: Project Title: Starlight Baptist Church Project Description: The proposed project is a request for a Conditional Use Permit to allow a church within a residential district. Additionally, a Minor Exception is requested to allow an offsite parking area across the street from the proposed project. Project Location: 1201 West Second Street Project Number: ER 2002-446 Public Review Period: 1-30-2005 to 2-19-2005 Hearing Date: 2-28-2005 Hearing Location: City of Santa Ana Council Chambers 22 Civic Center Plaza Santa Ana, CA 92701 The Negative Declaration and Initial Study as well as all referenced documents will be available for public review at the City of Santa Ana Planning and Building Agency located at 20 Civic Center Plaza, Santa Ana, California. Please submit any comments on the Negative Declaration to the City on or before 2-17-2005. Please direct your comments to: Dan Bott, Environmental Coordinator, City of Santa Ana, P.O. Box 1988, M-20, Santa Ana, CA, 92702. If you have any questions or would like any additional information, please contact Dan Bott at (714) 667-2700. 31A~I'IT9 1 of 48 MA YOR Miguel A. Pulido MAYOR PRO TEM Lisa Bist COUNCIL MEMBERS Claudia C. Alvarez Car/os Bustamante Alberta D. Christy Mike Garcia Jose Solorio ~ <.' ~ ~ducation lS~t t,.7 ~~ CITY OF SANTA ANA CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy PLANNING & BUILDING AGENCY 20 Civic Center Plaza (,\01-20) P.O. BOX 1988 . Santa Ana, Caliiornia 92702 (7141 667-2700. Fax (714) 973-1461 www.sanra-ana.org MITI.<3ATED NEGATIVE 'bECIJ~RAtlt>.N Pursuant to the Procedures of the City of Santa Ana for implementation of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below: Project Number: ER 2002.446 Applicant: Starlight Baptist Church, 1201 W. Second St. Santa Ana, CA Project Location I Address: 1201 West Second Street Project Title I Description: The proposed project is a request for a Conditional Use Permit to allow a church within a residential district. Additionally, a Minor Exception is requested to allow an offsite parking area across the street from the proposed project. And does hereby find: That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case oecause of revisions to the project and mitigation measures placed on the project, ~nd agreed to by the applicant, reduce each impact to below a level of significance. Signature: Y6N\. .... Environmental Coordinator Date: / - B.'1-2~ This determination is not final until adopted by the decision-making body or administrative official, and a Notice of Determination is filed. 31A-22 CS '3>).-2 2 of 48 Starlight Baptist Church Initial Study/Mitigated Negative Declaration ER 2002-446 REQUEST The proposed project is a request for a Conditional Use Permit to allow a church within a residential district. Additionally, a Minor Exception is requested to allow an offsite parking area across the street from the proposed project. EXISTING SETTING The project site is located 1201 West Second Street. The property is located within the Two-Family Residence (R2) zoning district and has a General Plan land use designation of Low Density Residential at seven dwelling units per acre (LR7). The site is surrounded by single-family residences to the east, multi-family residences to the west, a combination of single- family and multi-family residences to the south and the north. The project includes two sites, site 1 is approximately 0.59 acres in area and site 2 is 0.28 acres in size. Both sites are flat and rectangular in shape. Site 1 is presently occupied by, a church, one single-family residence and two apartment units. Si te 2 is currently vacant. The property is located on both sides of Baker Street, between Second and Third Streets. Baker, Second and Third Streets are designated non-arterial streets in the General Plan Circulation Element. PROJECT DESCRIPTION The project involves the construction of a new 7,151 square foot church with meeting room, offices and classrooms to replace the existing 2,200 square foot church facility, single family dwelling and apartment structure. The interior seating capacity is designed for approximately 148 parishioners. The church will hold two services at 7:00 am and 12:00 pm on Sundays. Access to the project would be provided from Second and Baker Streets. A total of 51 parking spaces would be on-site with 28 spaces on Site 1 and the remaining 23 spaces provided on the adjacent Site 2. ENVIRONMENTAL IMPACT ANALYSIS The following is an environmental analysis on the proposed project, based on the City of Santa Ana's CEQA Environmental 31A-23 3 of 48 Checklist. For each environmental issue, the analysis identifies the level of impact that is anticipated to occur. Where needed, mitigation measures have been identified to reduce potential impacts to a level that is below significant. I. AESTHETICS A. Have a substantial adverse effect on a scenic vista? B. Damage scenic resources, including but not limited to trees, rock outpourings and historic buildings within a State highway? No Impact The City's Urban Design Element indicates that there are no scenic vistas or scenic resources on the project site or within the nearby vicinity. Additionally, there are no State Highways near the project site. Therefore, implementation of the proposed project would not result in adverse impacts to any onsite or adjacent scenic resource. C. Substantially degrade the existing visual character or quality of the site and it's surrounding? Less Than Significant Impact According to the City's Urban Design Element, the project site is located within the Flower Park Design District. The Urban Design Element establishes goals and policies to help guide the design of development projects proposed within a Design District. Specifically, land uses proposed within a Design District should exhibit high quality design and should incorporate design elements that are proportional and aesthetically related to the District setting. Through the City's development review process the proposed project has been determined to be consistent with the intent of the Urban Design Element. Compliance with the Urban Design Element would reduce potential aesthetic impacts to a level considered less than significant. Therefore, implementation of the proposed project would not degrade the existing visual character of the project site or the surrounding area. D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less Than Significant Impact 2 31A-24 4 of 48 Implementation of the proposed project would not introduce substantial amounts of new lighting into the project area. Therefore, the proposed would not result in significant light and glare impacts within the project area. II. AGRICULTURE A. Convert Prime Far.mland, Unique Far.mland or Far.mland of Statewide Importance to non-agriculture use? B. Conflict with existing zoning for agriculture use or a Williamson Contract? C. Involve other changes in the existing environment, which, due to their location or nature, could individually or cumulatively result in loss of Far.mland, to non-agriculture use? No Impact According to the California Department of Conservation Farmland Mapping and Monitoring Program and the City's General Plan, the project site does not contain prime or unique farmland. Additionally, based on a site visit conducted by the City's Environmental Coordinator, the project site is currently not in agricultural production. Implementation of the proposed project would not result in the loss of any prime or unique farmland. III. AIR QUALITY A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or congestion Management Plan? No Impact The proposed project site is located within the South Coast Air Basin and subject to the requirements of the Clear Air Act at both the Federal and State level, as implemented by the South Coast Air Quality Management District. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air quality standards and objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are based upon population and growth projections provided in regional plans and local general plans. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in a regional plans and/or local general plans. 3 31A-25 5 of 48 The proposed project is consistent with the City's General Plan and would not exceed the population and growth projections for the City. Therefore, it would not be in conflict with the population and growth projections established in the South Coast Air Quality Management District AQMP. B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? C. Resul t in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact As mentioned previously, the South Coast Air Quality Management District (SCAQMD) regulates air quality in the South Coast Air Basin. The South Coast Air Basin is currently a non-attainment area for carbon monoxide, ozone, particulate matter and nitrogen dioxide. The SCAQMD considers an a~r quality impact to be significant if it exceeds the thresholds identified below. EMISSION THRESHOLDS OF SIGNIFICANCE Pollutant Construction Tons/ Pounds/Day Quarter Carbon Monoxide 550 24.75 Reactive Organic Compounds 75 2.5 Nitrogen Oxides 100 2.5 Particulate Matter 150 6.75 Project Operations Pounds/Day 550 55 55 150 Long-Ter.m Operational Air Quality Impacts The primary source of long-term operational emissions associated with the proposed project would be generated by vehicle travel to and from the project site. However, mobile emissions generated by the proposed project are expected to be less than significant. A relatively minor amount of gaseous emissions would also occur from natural gas and electricity usage. Less than significant long-term air quality impacts are anticipated to occur. Short-ter.m Constructed Related Air Quality Impacts 4 31A-26 6 of 48 Construction operations associated with the proposed project could potentially result in short-term increases in particulate mater, and to a lesser degree increases in carbon monoxide and ozone. Peak day construction emissions for most pollutants arising from construction of the proposed proj ect would occur during the grading and demolition phases. Using the South Coast Air Quality Management District CEQA Air Quality Handbook as a guideline, the threshold for potentially significant short-term air quality impacts would involve the grading of 1,309,000 square feet of area and the demolition of 23,214,000 cubic feet of building area. Assuming grading of the whole project site, approximately 43,000 square feet of area would be graded and 85,800 cubic feet of existing structure would be demolished. The amount of grading and demolishing acti vi ties for the proposed proj ect would be considerably less than the threshold of significance established in the CEQA Air Quality Handbook. Less than significant short-term air quality impacts would be associated with the implementation of the proposed project. While the construction related emissions associated with the proposed project would not exceed the thresholds established by the SCAQMD, the emissions could be a nuisance to other existing land uses in the nearby vicinity of the proj ect site. To minimize short-term construction related air impacts within the project area the following project enhancement measure shall be implemented. Project Enhancement Measure During construction, the contractor would be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: 1. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. 2. All clearing during period averaged over smog episodes. and earthwork activities shall cease of high winds (winds greater than 25 mph one hour) or during Stage 1 or Stage 2 3. Streets surrounding the project site should be cleaned at the end of each day of construction. 5 31A4~7 4. All material transported offsite shall sufficiently watered or securely covered excessive amounts of dust. either be to prevent 5. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. 6. Equipment engines shall be condition and in proper manufacturer's specifications. maintained in tune according good to 7. To the extent shall be used activities. feasible, gasoline powered equipment for onsite and offsite construction D. Expose Sensitive concentrations? receptors to substantial pollutant Less than Significant Impact The proposed project site is surrounded by residential uses. It is anticipated that less than significant long-term and short- term impacts would be associated with the proposed project. Therefore, implementation of the proposed project would not expose sensitive receptors to any substantial concentrations of air quality pollutants. E. Create obj ectionable odors affecting a substantial number of people? Less Than Significant Impact Implementation of the proposed project would not generate significant long-term operational odors. Construction equipment and operations associated with the proposed project could potentially result in odor impacts. However, the odors would be short-term and would not be considered significant. IV. BIOLOGICAL RESOURCES (A) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and game or U. S. Fish and Wildlife Services? 6 31A-28 8 of 48 (B) Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and game or U. S. Fish and Wildlife Service? (C) Adversely impact federally protected wetlands either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? (D) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact According to the California Department Fish and Game Natural Diversity Data Base and the City's General plan EIR, there are no sensitive biological resources located on the project site. Therefore, implementation of the proposed project would not result in any adverse impacts to any onsite sensitive biological resources. V. CULTURAL RESOURCES (A) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? No Impact According to the National Register of Historical Structures and the City of Santa Ana Local List of Historical Properties, there are no historical structures on the project site. Therefore, implementation of the proposed project would not result in significant impacts to any historic resource. (B) Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5? (C) Directly or indirectly disturb or destroy a unique paleontogical resource or site? (D) Disturb any human remains, including those interred outside of for.mal cemeteries. No Impact According to the City's General Plan Land Use Element EIR, there are no known or recorded archaeological or paleontological resources on or within the vicinity of the project site. 7 31A-29 9 of 48 Additionally, the project site is currently improved. The probability for the discovery of unknown cultural resources would be low. Therefore, implementation of the proposed project would not result in impacts to unknown cultural resources that could be present on the project site. VI. GEOLOGY/SOILS A-I. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State geologist for the area or based on other substantial evidence of a known fault? No Impact According to the City's General Plan Land Use Element EIR, the project site is not located within a current Alquist-Priolo Earthquake Fault Zone. Therefore, the potential for surface rupture due to faulting occurring beneath the site during the design life of the proposed project is considered low. A-2. Strong seismic Ground shaking? Less Than Significant Impact The project site is situated within a highly active seismic region of southern California. A total of 38 active faults have been identified within an approximate 60-mile radius of the project site. The Newport/Inglewood Fault located approximately 13 miles south from the City of Santa Ana is considered to be one of the most dominant faults in regard to potential seismic shaking impacts. The project site could potentially be subject to a maximum credible horizontal ground acceleration of 0.30g from a magnitude 6.9 earthquake along the Newport/Inglewood fault zone. A seismic event of this scale could potentially result in significant damage to the proposed project. However, the risks at the project site are similar to many other areas in Southern California region. To minimize potential seismic shaking impacts, the proposed project would be subject Seismic Shaking Standards of the Uniform Building Code. Compliance with the Uniform Building Code would reduce potential impacts associated with seismic activity to a level that would be less than significant. A-3. Seismic-related ground failure, including liquefaction? Less Than Significant Impact 8 31A-30 10 of 48 Soil liquefaction occurs when loose soil deposits below the water table are subject to large ground accelerations generated from seismic events. According to the City's General Plan Land Use Element ErR, the project site is located in an area that is characterized with low liquefaction hazard potential. To minimize potential liquefaction impacts, the proposed project would be subject Seismic Shaking Standards of the Uniform Building Code. Compliance with the Uniform Building Code would reduce potential liquefaction impacts to a level considered less than significant. A-4. Landslides No Impact The project site is flat without any topographical relief. According to the City's General Plan, there are no landslide planes on the project site. Therefore, implementation of the project would not result in adverse impacts in regards to landslides. B. Would the project result in substantial soil erosion or the loss of topsoil? Potentially Significant Unless Mitigation Incorporated Erosion refers to the removal surfaces by water or wind. intensified with an increase in channels and by the removal of soil exposed. of soil from exposed bedrock The effects of erosion are slope, the narrowing of runoff groundcover, which leaves the Construction operations for the proposed proj ect would require the excavation of onsite soils. The uncovered soils on the project site could potentially result in erosion and sedimentation impacts to onsite and offsite drainage facilities. This potential impact could increase during periods of rain. To reduce potential erosion impacts to a level considered less than significant, the following mitigation measure shall be implemented. Mitigation Measure · Prior to the issuance of a grading permit the applicant shall submit for review and approval a surface drainage/grading plan/erosion control plan, prepared by a 9 31A-31 11 of 48 registered Civil Engineer, showing the direction and means of flow to adjacent streets. The plan is to include existing and proposed elevations at and adj acent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. c. Would the project result in the loss of a unique geological feature? No Impact According to the City's General Plan Land Use Element EIR, the project site does not contain any unique geologic features. Therefore, implementation of the project would not result in adverse impacts to any unique geologic feature. D. In the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact According the City's General Plan Land Use Element ErR, the project site is located on Chino Silty Clay Loam Soils that have moderate shrink/swell potential, high corrosion potential to uncoated steel and low corrosion potential to concrete. The soil conditions on the project site would not provide a constraint that would prevent the development of the proposed project. As part of the City's development review process a geotechnical study would be prepared to identify the necessary improvements to ensure the long-term goetechnical stability of the project site. E. Where sewers are not available for the disposal of wastewater is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? No Impact The project site is an improved building site with an improved sewer system. In terms of geological stability, the project site would be able to support the expansion of additional sewer facilities if needed. 10 31A-32 12 of 48 VII. HAZARDS/HAZARDOUS MATERIALS A. Create a significant hazard to the environment through the routine transport, of hazardous materials? public use or or the disposal B. Emit hazardous emissions or hazardous materials, substance mile of an existing or proposed handle hazardous or acutely or waste within one-quarter school? Potentially Significant Unless Mitigation Incorporated The proposed project involves the construction and operation of a church facility and an associated offsite parking area. The long-term operation of the proposed project would not involve the routine transportation, disposal or emission of hazardous materials or waste. However, the long-term operation and construction operations of the proposed project could involve the handling and storage of incidental amounts of hazardous substances such paints, solvents and other types of cleaners. The project would be required to comply with local, state and federal requirements regarding the handling and storage of hazardous materials. Compliance with local, state and federal regulations and laws regarding the handling, storage and transportation of hazardous materials would reduce potential long-term hazardous material hazard impacts to a level considered less than significant. Construction operations for the proposed project would involve the demolition of four existing structure on the project site. Due to the age of the building, there is concern that the structure could contain asbestos containing building materials. To determine the presence of asbestos containing building materials, an asbestos survey was prepared for the structures proposed for demolition. The survey was prepared by, Common Sense Safety, Inc in March of 2003. The survey is available for review at the City of Santa Ana Planning Department. During the survey each structure was visually inspected to identify the location, type and quantity of suspected asbestos containing materials. Samples were taken from each structure and analyzed. The analysis determined that asbestos containing building materials were present in two of the buildings on the project site. Without adequate remediation, proposed demolishing activities to these buildings could release asbestos particles 11 31A-33 13 of 48 into the air, potential resulting in health hazards to workers. To avoid potential impacts associated with the release of asbestos containing building materials, the following mitigation measures shall be implemented. Mitigation Measure . Prior to the issuance of demolition permits, a remediation plan shall be prepared and approved by the City of Santa Ana to remove asbestos containing building materials. . The removal of asbestos containing building materials shall be conducted by a state licensed contractor. C. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact According to the City's Fire Department, the project site is not identified as a hazardous material site. Implementation of the proposed project would not create a significant hazard to the public or the environment. D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact According to the Orange County Airport Environs Land Use Plan, the project site is not located within an accident potential zone, clear zone or FAA Notification Area. Therefore, implementation of the proposed project would not result in any airport related safety hazards to people residing in or working within the project area. VIII. HYDROLOGY/WATER QUALITY A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? 12 31A-34 14 of 48 E. Otherwise substantially degrade water quality? I. Result in an increase in pollutant discharges to receiving waters? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list. If so, can it result in an increase in any pollutant of which the body is already impaired? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? Potentially Significant Unless Mitigation Incorporated The City of Santa Ana is included within four watersheds, San Diego Creek, Santa Ana River, Talbert and Westminster. Each of these watershed areas are under the jurisdiction of the Santa Ana Regional Water Quality Control Board and subject to the objectives, water quality standards and Best Management Practice requirements established in the Santa Ana River Basin Plan and Orange County Drainage Area Management Plan. The City of Santa Ana does not contain any impaired water bodies, as defined by Section 303 of the Clean Water Act. However, the City does contain several drainage facilities that convey surface water runoff into bodies of water that are classified as impaired. The long-term operation of the proposed project would not involve routine waste discharges that would be in conflict with water quality standards established by the State Regional Water Quality Control Board. The primary source of potential adverse water quality impacts associated with the operation of the proposed project would be from nuisance flows. Nuisance flows is defined as runoff that occurs during periods that are not usually associated with rainfall, and are most commonly produced from landscaping irrigation, leaking pipes, and water used to wash off surfaces tributary to the street. Since nuisance flows usually originates in the street, they commonly contain many common pollutants found in streets such as oil and grease and sediment. Additionally, surface water runoff generated from the project site during construction operations could be degraded potentially resulting in adverse water quality impacts to downstream receiving waters. To reduce potential water quality impacts to a level considered less than significant the following mitigation measures shall be implemented. 13 31A-35 15 of 48 Mitigation Measures . Prior to the issuance of grctding permits, the project applicant shall provide proof of coverage under NPDES General construction Activity Storm Water Permit, which includes a copy of the project permit number and two copies of the Storm Water Pollution Prevention Plan. . Prior to the issuance of grading permits, the project applicant shall prepare an NPDES post-construction storm water management plan per Orange County Drainage Area Management Plan (DAMP) that includes all structural and non-structural Best Management Practices for the project. a. Submit and plan to Practices. have include approved a surface all structural drainage/utility Best management b. Provide two copies of the Water Quality Management Plan (WQMP) that includes a description of all-applicable Structural and Non-Structural Best Management Practices, which would apply to this project. B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. Q. Have a potentially significant adverse impact on groundwater quality? No Impact The City of Santa Ana receives 66% of its water from underground water supplies. The underground water basin in the City ranges from -50 feet to +40 feet, above sea level. Construction operations for the proposed project would not involve dewatering operations. The long-term operation of the proposed project would not have any impact on groundwater supplies. Additionally, the proposed project would not interfere with ground water recharge because the site is not located in an area that is known to recharge the ground water system. c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of 14 31A-36 16 of 48 stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on or off-site? D. Create or contribute runoff water which, would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? L. Result in increased impervious surfaces and associated runoff? M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes. Potentially Significant Unless Mitigation Incorporated The City of Santa Ana has a Master Plan of Drainage to guide the construction of drainage facilities in the City. The existing drainage facilities in the City include a series of underground storm drain systems, open storm drain systems, catch basins and natural drainages. A significant drainage impact can occur when existing rates of surface water runoff are increased and existing drainage facilities are unable to accommodate the additional rates of runoff. Existing rates of surface water runoff can increase through the introduction of additional amounts of impervious surfaces, or through changes to existing drainage patterns. The project site and surrounding project area is currently improved with drainage facilities. Site preparation associated with the proposed project could alter the direction of existing drainage patterns on the project site. Changes to current drainage patterns could potentially impact the capacity of existing drainage facilities within the project area. To ensure that existing drainage facilities are not adversely impacted by the proposed project, the following mitigation measure shall be implemented. Mitigation Measure . Prior to the issuance of building permits, the applicant shall prepare a surface water runoff study to show existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. 15 31A-37 1 7 of 48 F. Place housing within a lOO-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a lOO-year floodplain structures which would impede or redirect flood flows? H. Expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of failure of a levee or dam. No Impact According to the Flood Rate Insurance Map 0602320257H the project site is not located within a IOO-Year Flood Zone and would not be subject to IOO-year flood impacts. J. Result in significant alteration of receiving water quality during or following construction. K. Could the proposed project result in increased erosion downstream? Potentially Significant Unless Mitigation Incorporated Construction operations for the proposed proj ect would require the excavation of onsite soils. The uncovered soils on the project site could potentially result in erosion and sedimentation impacts to onsite and offsite drainage facilities. This potential impact could increase during periods of rain. Through the implementation of mitigation measures identified in Section VIII of this initial study potential erosion impacts would be reduced to a level considered less than significant. O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact or surface water quality to either marine, fresh or wetland waters? S. Impact aquatic, wetland or riparian habitat? Potentially Significant Impact Unless Mitigation Incorporated According to the City's General Plan Land Use Element EIR, there are no sensitive marine waters, fresh waters or wetlands in the 16 31A-38 18 of 48 City. However, the City does contain several local drainage systems that convey drainage flows to sensitive marine resources. Pollutants conveyed through these drainage systems could adversely impact sensitive marine resources. Construction operations and the long term operation of the proposed project could discharge pollutants into local drainage systems that could potentially convey water quality pollutants to sensitive marine resources downstream of the project site. Through the implementation of mitigation measures identified in Section VIII of this initial study potential water quality impacts to downstream marine resources would be reduced to a level considered less than significant. IX. LAND USE/PLANNING A. Physically divide an established community? No Impact The proposed project is conditionally permitted within residential areas. To meet the parking requirements for the project, the applicant is requesting approval of a Minor Exception to allow for an offsite parking area across the street from the proposed church. No adverse land use impacts would be associated with the proposed church. A combination of landscaping and perimeter walls would be provided for the proposed offsite parking to minimize land use impacts to nearby residential areas. B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact The proposed project is consistent with the General Plan and conditionally allowed under the City's Zoning Ordinance. Additionally, the proposed project is requesting approval of Minor Exception to allow for offsite parking. With approval of the Conditional Use Permit and Minor Exception the proposed project would not be conflict with relevant planning programs in the City. C. Conflict with any applicable habitat conservation plan or natural community plan? 17 31A-39 19 of 48 No Impact According to the City's General Plan, the project site is not included within any habitat conservation plan or any natural community conservation plan. X. MINERAL RESOURCES A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact According to the City's General Plan there are no areas designated as Significant Mineral Aggregate Resource Areas. Therefore, implementation of the proposed project would not result in the loss of any regionally or locally important mineral resource. XI. NOISE A. Exposure of persons to or generation of noise levels in excess of standards established in local general plan or noise ordinance, or applicable standards of other agencies. C. A substantial per.manent increase in ambient noise levels in the project vicinity above levels existing without the project. Less Than Significant Impact The proposed project involves the construction of a church and parish hall and offsite parking area. The project site is surrounded by residential uses. The proposed project would not significantly increase traffic volumes and associated mobile source noise impacts in the project area. Additionally, the project includes a request to construct a 6-foot high block wall around the parking area of the church and along the offsite parking area. The proposed block wall would reduce potential noise impacts generated from the proposed parking area. Implementation of the proposed project would not significantly increase ambient noise levels or expose people to noise levels In excess of City standards. B. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? 18 31 ~o-o149 No Impact The proposed project would only require conventional construction equipment and building practices. No significant ground borne noise impacts or ground borne vibration impacts would be associated with the proposed project. D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. Less Than Significant Impact Construction activities and construction equipment staging operations associated with the proposed project could potentially result in noise impacts to nearby residential land uses. Construction operations for the proposed project would be required to comply with City's Noise Ordinance. Construction hours would be limited to 7 AM to 8 PM Monday through Friday, 8 AM to 8 PM Saturday, and not permitted on Sundays or federal holidays. Compliance with the noise ordinance would reduce short-term construction noise impacts to a level considered less than significant. To ensure compliance with the City's Noise Ordinance, the following project enhancement shall be implemented. Project Enhancement Measure . Grading, Demolition and Building Plans for the proposed project shall specify that construction activities shall be limited to the hours of 7 AM to 8 PM Monday through Friday, 8 AM to 8 PM Saturday, and not permitted on Sundays or federal holidays. E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact According to the Orange County Airport Environs Land Use Plan, the proposed project site is not located within an area that is subject to high levels of aircraft noise. 19 31A-41 21 of 48 XII. POPULATION AND HOUSING A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact Direct growth inducing impacts are generally associated with aspects of a proj ect that could remove obstacles to population growth or other growth such as a major expansion of a wastewater treatment plant or upgrading of regional master plan infrastructure and facilities that would facilitate new development. Indirect or secondary growth inducing impacts consists of growth inducted in the region by the demand for additional housing as a result of employment generation, and demand for goods and services associated with population increases caused by, or attracted to, an area as a result of new development. The proposed project involves the construction of a church facility and associated offsite parking area. Implementation of the proposed project would not induce additional population growth into the area. Nor would it displace any existing households or housing. XIII. PUBLIC SERVICES Fire Protection: Less than Significant Impact The Santa Ana Fire Department would provide fire protection and emergency medical services for the proposed project. Implementation of the proposed project would not significantly increase the demands for fire protection services. The fire department has indicated that under existing levels of manpower and equipment, they would have the ability to provide adequate fire protection services. Additionally, through the City's development review process, the fire department has identified a number of requirements to ensure that adequate fire protection services would be available. Implementation of the proposed project would result in less than significant impacts to fire protection services. 20 31~-o~~ Police Protection: Less than Significant Impact The Santa Ana Police Department would provide police protection services for the proposed project. Implementation of the proposed project would not significantly increase the demand for police protection services. The police department has indicated that under existing levels of manpower and equipment, they would have the ability to provide adequate police protection services. Through the City's development review process, the police department has identified a number of requirements to ensure that adequate police protection services would be available. Implementation of the proposed project would result in less than significant impacts to police protection services. Schools: Less Than Significant Impact The proposed project is located within the boundaries of the Santa Ana Unified School District. Presently, existing schools within the District are operating at capacity. Implementation of the proposed project would not generate a need for new school facilities. However, to help mitigate cumulative impacts that could be associated with new development, the proposed project would be subject to school impact fees. The payment of impact fees to the District would reduce cumulative impacts to school services to a level below significant Parks, Other Public Facilities: No Impact The proposed project involves the construction of a church facility. Implementation of the proposed project would not increase demands for new park facilities, other public facilities or any adverse impacts on existing park facilities. XIV. RECREATION A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. 21 31A-43 23 of 48 No Impact The proposed project involves the construction of a church facility. Implementation of the proposed project would not increase the demands for new recreation facilities or have an adverse impact on any existing recreational services or facilities. XV. TRANSPORTATION/TRAFFIC A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the Street system? Less Than Significant Impact The proposed project would replace and existing church. According to the City's Public Works Department, there would be no significant increase in vehicle trips. Additionally, the proposed project is consistent with the General Plan and the traffic projections in the Circulation Element. Existing levels of service of roadways segments and intersections within the project area would not decrease. B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less Than Significant Impact The Orange County Congestion Management Program requires a traffic impact analysis to be prepared for developments that generate 2,400 or more vehicle trips per day and that would directly impact the CMP Highway System. The proposed project would not exceed the daily vehicle trip criteria established by the Orange County Management Program and therefore would have less than a significant impact on the Orange County Congestion Management Program. c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact The proposed project involves the construction of a church and parish hall. Implementation of the proposed project would not 22 31A-44 24 of 48 result in any changes to air traffic patterns. Nor would the proposed project result in any substantial safety risks related to aircraft traffic. D. Substantially increase hazards to a design feature No Impact As part of the propose project, vehicle access and pedestrian access improvements would occur. Implementation of the proposed project would not increase vehicle or pedestrian hazards. E. Result in inadequate emergency access J..'"j. No Impact As part of the City's development review process, the Fire Department has reviewed the proposed project for potential impacts in regards to emergency access. The Fire Department has indicated that adequate emergency access would be provided. F Result In Inadequate parking capacity Less Than Significant Impact Per the City's Zoning Code, a total of 74 parking spaces are required. A total of 51 of the parking spaces would be on-site with 28 spaces on Site 1 and the remaining 23 spaces provided offsite on the adjacent Site 2. No adverse parking impacts would be associated with the proposed project. (G) Conflict with adopted policies supporting alternative transportation No Impact The proposed project would not be in conflict with any adopted policies regarding alternative modes of transportation. Public transportation facilities would still be available in the project area to provide public access to the project site. XVI. UTILITIES A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 23 31A-45 25 of 48 B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? E. Result in the deter.mination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments. Less Than Significant Impact The City of Santa Ana and/or the Orange County Sanitation District would provide wastewater service to the project site. The proposed project would be subject to appropriate sewer connection fees with the City of Santa Ana and the Orange County Sanitation District. The treatment of wastewater would be provided at Reclamation Plant 1 in the City of Fountain Valley. The proposed project would not significantly increase the demand for additional wastewater facilities. Additionally, the proposed project would not require an increase in wastewater treatment facilities. Nor would the project exceed wastewater treatment requirements of the State Regional Water Quality Control Board. c. Require or result in the construction of new stor.m water drainage facilities or expansion of existing facilities, the construction of which could cause significant effects. Less Than Significant Impact Implementation of the proposed project would not significantly increase the amount of surface water runoff generated from the project site. The project would not require the construction of new drainage facilities that could cause significant impacts to the environment. D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? Less Than Significant Impact The City of Santa Ana would provide water service to the project site. The proposed project would be consistent with the water demand projections in the City's Urban Water Management Plan and would not significantly increase demands for water service over current levels of demand. Through the City's development review 24 31A-46 26 of 48 process, the Public Works Department has indicated that the City would have the ability to provide adequate water service to the project site. The proposed project would be subject to appropriate water connection fees. No adverse impacts in regards to the provision of adequate water service would be associated with the proposed project. F. Is the project served by a landfill with sufficient per.mitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? Less Than Significant Impact Great Western Reclamation would provide solid waste disposal service for the proposed project. The proposed project would not significantly increase the demand for solid waste disposal. Additionally, the City has adopted a Source Reduction and Recycling Element, which, establishes programs to reduce the City's overall demand for solid waste disposal. No significant adverse impacts would be associated with providing solid waste disposal service for the proposed project. XVII. MANDATORY FINDINGS OF SIGNIFICANCE A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. No Impact Implementation of the proposed project would not substantially reduce the habitat of fish or wildlife species, in that no fish or wildlife populations are known to exist on the project site. The operation or construction of the proposed project would not degrade the overall quality of the environment. B. Does the project have impacts that are individually limited but cumulatively considerable? 25 31A-47 27 of 48 Less Than Significant Impact Implementation of the proposed project would not result in cumulative impacts to the environment. The proposed project's incremental contribution would not be considered cumulatively considerable because the proposed project would comply with the mitigation measures in the CEQA documentation, and applicable City and State requirements during the construction and operation of the proposed project which would avoid any significant cumulative impacts within the project area. C. Does the project have environmental effects which will cause substantial adverse effects on human beings either directly or indirectly? Less Than Significant Impact The proposed project involves the construction of a church facility. Mitigation measures have been required for the proposed project to insure that implementation of the project would not have any direct or indirect adverse impacts on human beings. XVIII DETERMINATION Based upon the evidence in light of the whole record documented in the above environmental evaluation and cited references, I find that the proposed project could not have a significant effect on the environment and a Mitigated Negative Declaration has been prepared. XVIV REFERENCES City of Santa Ana General Plan, September 1982 Environmental Impact Report for the General Plan Land Use Element, August 1997 City of Santa Ana Zoning Ordinance, December 1998 South Coast Air Quality Management District CEQA Air Quality Handbook, 1993 California Environmental Quality Act Statues and Guidelines, January 1999 26 31A-48 28 of 48 California Department of Conservation Farmland mapping and Monitoring Program California Department of Fish and Game Natural Diversity data Base. National Register of Historical Properties City of Santa Ana Local List of Historical Properties Limited Asbestos Survey for Starlight Baptist Church, Common Sense Safety, Inc., March 2003 Site Visit by Dan Bott Environmental Coordinator, January 2005 Orange County Airport Environs Land Use Plan City of Santa Ana Master Plan of Drainage City of Santa Ana urban Water Management Plan Flood Rate Insurance Map 0602320257H xx. PREPARERS Dan Bott, City of Santa Ana Environmental Coordinator 27 31A-49 29 of 48 anfA Environmental Checklist For CEQA Compliance PLANNING DIVISION I. Project Title: Starlight Church II. Project Numbers: ER 2002-446 III. Lead Agency Name and Address: City of Santa Ana Planning Division P.O. Box 1988 (M-20) Santa Ana, CA 92702 IV. Environmental Coordinator and Phone Number: Dan Bott (714) 667-2719 V. Project Location: 1201 West Second Street Environmental Determination On the basis of this initial evaluation, I find that: A. 0 The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. B.9< Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. c.D The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. D.D Although the proposed project could have a significant effect on the environment. because all potentially significant effects (a) have been analyzed adequately in an earlier EIR (EIR No. -) pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the project, nothing further is required. E. 0 Pursuant to Section 15164 of the CEOA Guidelines, an EIR (EIR No. - ) has been prepared earlier and only minor technical changes or additions are necessary to make the previous EIR adequate and these changes do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. F. 0 Pursuant to Section 15162 of the CEOA Guidelines, an EIR (EIR No. - ) has been prepared earlier; however. subsequent proposed changes in the project and/or new information of substantial importance will cause one or more Signifi~eViOUSIY discussed. A SUBSEQUENT EIR shall be prepared. Y6m.~ S~' nature \ ~ \ k\ ~ \J Pri d Name January 24. 2005 Date dblEnv Form CEQA Chklst 31A-50 30 of 48 Page 1 of 1 ~'A Environmental Checklist For CEQA Compliance Project Sponsor's Name and Address: General Plan Designation: Description of Project: Surrounding land Uses and Setting: Zoning: Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by that project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. 0 Aesthetics 0 Historic Demolition 0 Agricultural Resources 0 Historic Project Review 0 Air Quality 0 Noise 0 Biological Resources 0 Population / Housing 0 Cultural Resources 0 Public Services 0 Geology / Soils 0 Recreation 0 Hazards and Hazardous Materials 0 Transportation / Traffic 0 Hydrology I Water Quality 0 Utilities I Service Systems 0 Mineral Resources 0 Mandatory Findings of Significance 0 General Plan Amendment dblEnv Form CEOA Chklst Page 1 of 1 3'fjt~~ENT A 31 of 48 ~'A Environmental Checklist For CEQA Compliance Evaluation of Environmental Impacts: I. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). II. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. III. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. IV. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact I. Aesthetics - Would the project: A. Have a substantial adverse effect on a scenic vista? 0 0 0 % B. Damage scenic resources, including but not limited 0 0 0 to, trees, rock outpourings and historic buildings within a state highway? C. Substantially degrade the existing visual character W' or quality of the site and its surroundings? 0 0 0 D. Create a new source of substantial light or glare which would adversely affect day or nighttime views ~ in the area? 0 0 0 dblEnv Form CEOA Chklst Page 1 of 12 3'i~9~~NT B 32 of 48 anf^ Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact II. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland.) o o o o o o o o o 9( ~ ( III. Air Quality - Where available, the significance criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations. Would the project: B. Conflict with existing zoning for agricultural use or a Williamson Contract? C. Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or Congestion Management Plan? B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceed quantitative thresholds for ozone precursors)? D, Expose sensitive receptors to substantial pollutant concentrations? db\Env Form CEQA Chklst 3~TA'lMNT B 33 of 48 o o o o o o o o o ~ ~ ~ Jt\f o o o Page 2 of 12 anf^ Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources E. Create objectionable odors affecting a substantial number of people? IV. Biological Resources - Would the project: A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? 8. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? V. Cultural Resources - Would the project: A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? 8. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to define Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? dblEnv Form CEOA Chklst 3'1~~~'ENT B 34 of 48 Potentially Significant Impact o o o o o o o o Potentially Significant Unless Mitigation Incorporated o o o o o o o o less Than Significant Impact t4 o o o o o o o No Impact o ~ ~ ~ M >}{ ft( frf: Page 3 of 12 anf^ Environmental Checklist For CEQA Compliance Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact D. Disturb any human remains, including those 0 0 0 ~ interred outside of formal cemeteries? VI. Geology and Soils - Would the project: A. Expose people or structures to potential substantial 0 0 0 0 adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of an known earthquake fault, as 0 0 0 9i delineated on the most recent on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? 0 0 ~ 0 3. Seismic-related ground failure, including 0 0 M 0 liquefaction? 4. Landslides? 0 0 0 ~ B. Would the project result in substantial soil erosion 0 p{ 0 0 or the loss of topsoil? C. Would the project result in the loss of a unique 0 0 0 ~ geologic feature? D. Is the project located on strata or soil that is 0 0 ~ 0 unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? E. Where sewers are not available for the disposal of 0 D 0 Jk[ wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? db\Env Form CEQA Chklst Page 4 of 12 ~,TAS.fHNT B ~ ~li~ ~'A Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources VII. Hazardous and Hazardous Materials - Would the project: A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one~quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? VIII. Hydrology and Water Quality - Would the project: A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (Le., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? dblEnv Forrn CEQA Chklst j1T~;9JNT 8 Potentially Significant Impact o o o o o o Potentially Significant Unless Mitigation Incorporated 9i ~ o o ~ o Less Than Significant Impact No Impact o o D D D ~ D ~ D D D JX( Page 5 of 12 un'^ Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off- site? D. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? E. Otherwise substantially degrade water quality? F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which would impede or redirect flood flows? H. Expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam. I. Result in an increase in pollutant discharges to receiving waters? Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical storm water pollutants (e.g. heavy metals, pathogens, petroleum derivatives. synthetic organics, sediment, nutrients. oxygen-demanding substances, and trash) J. Result in significant alteration of receiving water quality during or following construction? K. Could the proposed project result in increased erosion downstream? L. Result in increased impervious surfaces and associated increased runoff? db\Env Form CEQA Chklst :t1%llNT 8 Potentially Significant Impact o o o o o o o o o o Potentially Significant Unless Mitigation Incorporated M ~ P\ o o o ~ ~ Ji( ~ Less Than Significant Impact o o o o D o o o D D No Impact D D o ~ J( ~ D D o D Page 6 of 12 anfA Environmental Checklist For CEQA Compliance M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list: If so, can it result in an increase in any pollutant of which the water body is already impaired? o. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact on surface water quality to either marine, fresh, or wetland waters? Q. Have a potentially significant adverse impact on groundwater quality? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland, or riparian habitat? IX. Land Use and Planning- Would the project: A. Physically divide an established community? B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C. Conflict with any applicable habitat conservation plan or natural community conservation plan? X. Mineral Resources - Would the project: A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Issues & Supporting Information Sources dblEnv Form CECA Chklst 3'1~~~NT B 38 ~4V D D D D D D D D D o Potentially Significant Impact ?t ~ ~ D ~ >( o D D o Potentially Significant Unless Mitigation D o D D o D o ~ D o Less Than Significant Impact D o o ~ o o J( o ~ ~ No Impact Page 7 of 12 anf^ Environmental Checklist For CEQA Compliance Incorporated XI. Noise - Would the project result in: A. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? B. Exposure of persons to or generation of excessive groundborne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project? E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XII. Population and Housing - Would the project: A. Induce substantial population growth in an area, either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing. necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Issues & Supporting Information Sources dblEnv Form CEQA Chklst $1~S~~NT 8 39 of 48 o o o o o o o o Potentially Significant Impact o o o o o o o o Potentially Significant Unless Mitigation P1: o ~ ~ o o o o Less Than Significant Impact o ~ o o ~ w ~ 9Z No Impact Page 8 of 12 ~fA Environmental Checklist For CEQA Compliance Incorporated XIII. Public Services A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. Recreation A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. Transportation I Traffic A. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (Le. result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections?) Issues & Supporting Information Sources dblEnv Form CEQA Chklst $1~StWfNT B 40 of 48 o o o o o o o o o Potentially Significant Impact o o o o o o o o o Potentially Significant Unless Mitigation o ~ ~ ~ o o o o ~ Less Than Significant Impact o o o o )q D( M cl( o No Impact Page 9 of 12 anf^ Environmental Checklist For CEQA Compliance B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? E. Result in inadequate emergency access? F. Result in inadequate parking capacity? G. Conflict with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Issues & Supporting Information Sources dblEnv Form CECA Chklst 39"~9S~ENT B 41 of 48 D D D D D D D D D D D Potentially Significant Impact Incorporated D D D D D D D D D D D Potentially Significant Unless Mitigation ~ ~ D D Q( D ~ ~ M Jt( ~ Less Than Significant Impact D D ~ )k o Pi{ o D D D o No Impact Page 10 of 12 ~fA Environmental Checklist For CEQA Compliance F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's sold waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B. Does the project have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects). C. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? dblEnv Form CEQA Chklst ffjt~~NT B 42 of 48 Incorporated o ~ o o o ~ o o o ~ o o o ~ o o o ~ o o Page 11 of 12 MITIGATION MEASURE During construction, the contractor would be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged STARLIGHT BAPTIST CHURCH MITIGATION MONITORING PROGRAM TIMMING AGENCY Prior to Building/Planning Demolition and Grading Permits 31A-63 43 of 48 COMPLIANCE over one hour) or during Stage 1 or Stage 2 smog episodes. Streets surrounding the project site should be cleaned at the end of each day of construction. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. To the extent feasible, gasoline powered equipment shall be used for 31A-64 44 of 48 onsite and off site construction activities. Prior to the issuance of a grading permit the applicant shall submit for review and approval a surface drainage/grading plan/erosion control plan, prepared by a registered Civil Engineer, showing the direction and means of flow to adjacent streets. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. Prior to the issuance of demolition permits, a remediation plan shall be prepared and approved by the Prior to Public Works Grading Permit Prior to Building/Planning Demolition Permit 31An65 City of Santa Ana to remove asbestos containing building materials. The applicant shall demonstrate proof that the removal of asbestos containing building materials is conducted by a state licensed contractor. Prior to the issuance of grading permits, the project applicant shall provide proof of coverage under NPDES General construction Activity Storm Water Permit, which includes a copy of the project permit number and two copies of the Storm Water Pollution Prevention Plan. Prior to the issuance of grading permits, the project applicant shall prepare an NPDES post- construction Prior to Building/Planning removal of asbestos containing building materials Prior to Public Works Grading Permit Prior to Public Works Grading Permits 31A-66 46 of 48 storm water management plan per Orange County Drainage Area Management Plan (DAMP) that includes all structural and non-structural Best Management Practices for the project. Submit and have approved a surface drainage/utility plan to include all structural Best management Practices. Provide two copies of the Water Quality Management Plan (WQMP) that includes a description of all-applicable Structural and Non-Structural Best Management Practices, which would apply to this project. Prior to the issuance of building permits, the applicant shall prepare a surface water runoff study to show existing and proposed Prior to Building Permit Public Work.s 31A-67 47 of 48 facilities and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. Grading, Demolition and Building Plans for the proposed project shall specify that construction activities shall be limited to the hours of 7 AM to 8 PM Monday through Friday, 8 AM to 8 PM Saturday, and not permitted on Sundays or federal holidays. Prior to Building/Planning Demolition and Grading Permits 31A-68 48 of 48 KO - 03/07/05 RESOLUTION NO. 2005-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2005-01 AS CONDITIONED AND MINOR EXCEPTION NO. 2005-01 AS CONDITIONED TO ALLOW A CHURCH IN THE TWO-FAMILY RESIDENCE (R2) ZONING DISTRICT AT 1201 WEST SECOND STREET 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. Conditional Use Permit No. 2005-01 and Minor Exception No. 2005-01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on February 28, 2005. B. Applicant is requesting approval of Conditional Use Permit No. 2005-01 to allow a church in the Two-Family Residence (R2) zoning district at 1201 West Second Street C. Pursuant to Santa Ana Municipal Code Section, churches are permitted in the R2 district with a Conditional Use Permit. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed church facility, as conditioned, will contribute to the general well being of the neighborhood and the community by providing religious and educational services that enhance the local community. 2. 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 proposed church will not be detrimental to the general welfare and safety of the surrounding businesses and residents. The proposed church is in compliance with 31A-69 Resolution No. 2005-07 Page 1 of 5 Chapter 41 of the Santa Ana Municipal Code with respect to parking, setbacks and landscaping. Additionally, mitigation measures have been incorporated to minimize the potential impacts generated from the proposed project. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed church will provide an additional service to the surrounding commercial and residential uses within the vicinity. The City's zoning code allows the church use in the Two-Family Residence (R2) zoning district with a conditional use permit. The church facility will provide services that compliment the surrounding residential neighborhood. As conditioned, the use should enhance rather than adversely affect economic development or stability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use will be in compliance with the applicable sections of Chapter 41 of the Municipal Code with an approved conditional use permit for the proposed church facility. Additionally, the proposed church facility will be in compliance with the mitigation measures identified in the Negative Declaration. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed church is in an area designated Low Density Residential, seven dwelling units per acre (LR7) in the General Plan. The use is consistent with the General Plan and zoning district that allows a church facility. D. Applicant has requested a Minor Exception No. 2005-01 to allow off-site parking on a lot across the street at 1137 West Second Street. E. Santa Ana Municipal Code Section 41-638.1 permits a minor exception may be granted for a parking area that is immediately across a street. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a minor exception upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at 31A-70 Resolution No. 2005-07 Page 2 of 5 minor exception with the intent and purpose of the provisions of this Chapter. There are special circumstances to the subject property. The subject property contains two sites. Site 1 is located on the northwest corner of Second and Baker Streets and Site 2 is located across Baker Street on the northeast corner of Baker and Second Streets. Sufficient parking will be provided on both Site 1 and Site 2 for the proposed church use. Additionally, a covenant is required to be recorded to restrict the use of the parking lot on Site 2 for the church only. 2. That the granting of a minor exception is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the minor exception is necessary to develop the property with a parking lot ancillary to the church use across the street so that sufficient parking will be provided for the church. 3. That the granting of a minor exception will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the minor exception will not be materially detrimental to the public welfare or injurious to surrounding property because the proposed parking lot complies with all development standards set forth in Chapter 41 of the Santa Ana Municipal Code including setbacks and landscaping. 4. That the granting of a minor exception will not adversely affect the General Plan of the City. The granting of the minor exception will not adversely affect the General Plan of the City since the proposed parking lot is designed in conformance with the Professional zoning district development standards and General Plan requirements. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program prepared with respect to this Project. The Planning Commission 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 mitigation negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the 31A-71 Resolution No. 2005-07 Page 3 of 5 Planning Commission 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 Planning Commission hereby certifies and approves the mitigated negative declaration and mitigation monitoring program 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 XIV, California Code of Regulations ("CCR") 9 735.5(c)(1), the Planning Commission has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code 9711.2 and Title XIV, CCR 9 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2005-01 as conditioned in Exhibit "A" attached hereto and incorporated herein and Minor Exception No. 2005-01 as conditioned in Exhibit "B" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Planning Commission Action dated February 28, 2005 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28h day of February, 2005 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (6) None (0) Cribb (1) None (0) Glenn Mondo Chairperson 31A-72 Resolution No. 2005-07 Page 4 of 5 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2005-07 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 28. 2005. Date: Planning Commission Secretary City of Santa Ana 31A-73 Resolution No. 2005-07 Page 5 of 5 Conditions for Approval for Conditional Use Permit No. 2005-01 Conditional Use Permit No. 2005-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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. 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. Plannina Division 1 . The project shall remain in compliance with Site Plan Review DP No. 2002-93. 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 of the property is limited to a church and related parish buildings and activities. No thrift shops, food distribution programs, full-time parochial school, nor rehabilitation programming may occur on the premises. 4. Prior to issuance of Certificate of Occupancy, a covenant to tie the parking lot use at 1137 West Second Street with the church across the street at 1201 West Second Street shall be recorded. 5. The starting and ending times of church services should be spaced at least one hour to minimize the overlap of departing attendees and arriving attendees. 6. Prior to issuance of building permits, the landscape plans shall be revised to reflect 24-inch boxed size trees and 5-gallon shrubs for all required plants of this project. 7. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. EXHIBIT "A" Pa~e 1 of 3 31A-74 8. Public payphones, if provided, may only be located within buildings or in the interior of the site. Mitigation Measures 9. During construction, the contractor would be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans for the proposed project shall reflect the appropriate notes. 10. All materials excavated or graded will be sufficiently watered to prevent excessive amount of dust. 11. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 12. Streets surrounding the project site should be cleaned at the end of each day of construction. 13. All materials transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 14. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. 15. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 16. To the extent feasible, gasoline powered equipment shall be used for on- site and off-site construction activities. 17. Prior to the issuance of grading permit, the applicant shall submit for review and approval a surface drainage/grading plan/erosion control plan, prepared by a registered Civil Engineer, showing the direction and means of flow to adjacent streets. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. 18. Prior to issuance of demolition permits, a remediation plan shall be prepared and approved by the City of Santa Ana to remove asbestos containing building materials. 19. The removal of asbestos containing building materials shall be conducted by a state licensed contractor. EXHIBIT "A" Pa~e 2 of 3 31A-75 20. Prior to issuance of a grading permit, the project applicant shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit, which includes a copy of the project permit number and two copies of the storm Water Pollution Prevention Plan. 21. Prior to issuance of a grading permit, the applicant shall prepare an NPDES post-construction storm water management plan per Orange County Drainage Area Management Plan (DAMP) that includes all structural and non-structural Best Management Practices. a. Submit and have approved a surface drainage/utility plan that includes all Structural Best Management Practices. b. Provide two copies of the Water Quality Management plan that includes a description of all applicable Structural and Non- Structural Best Management Practices, which may apply to this project. 22. Prior to issuance of building permits, the applicant shall prepare a surface water runoff study to show existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. 23. Grading plans and building plans for the proposed project shall note that construction activities on the project site shall be limited to the hours of 7:00 a.m. to 8:00 p.m. Monday through Friday, 8:00 a.m. to 8:00 p.m. on Saturdays and not permitted on Sundays or federal holidays. B. Police Department 1. All structures and parking lot must conform to the provisions of Chapter 8, Article II Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. EXHIBIT "A" paqe 3 of 3 31A-76 Conditions for Approval for Minor Exception No. 2005-01 Minor Exception No. 2005-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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. 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 minor exception. A. Plannina Division 1 . The project shall remain in compliance with Site Plan Review DP No. 2002-93. 2. Any amendment to this minor exception 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. Prior to issuance of Certificate of Occupancy, a covenant to tie the parking lot use at 1137 West Second Street with the church across the street at 1201 West Second Street shall be recorded. 4. The starting and ending times of church services should be spaced at least one hour to minimize the overlap of departing attendees and arriving attendees. 5. Prior to issuance of building permits, the landscape plans shall be revised to reflect 24-inch boxed size trees and 5-gallon shrubs for all required plants of this project. 6. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. Mitigation Measures 7. During construction, the contractor would be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans for the proposed project shall reflect the appropriate notes. EXHIBIT "B" Pa~e 1 of 3 31A-77 8. All materials excavated or graded will be sufficiently watered to prevent excessive amount of dust. 9. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 10. Streets surrounding the project site should be cleaned at the end of each day of construction. 11 . All materials transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 12. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. 13. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 14. To the extent feasible, gasoline powered equipment shall be used for on- site and off-site construction activities. 15. Prior to the issuance of grading permit, the applicant shall submit for review and approval a surface drainage/grading plan/erosion control plan, prepared by a registered Civil Engineer, showing the direction and means of flow to adjacent streets. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. 16. Prior to issuance of demolition permits, a remediation plan shall be prepared and approved by the City of Santa Ana to remove asbestos containing building materials. 17. The removal of asbestos containing building materials shall be conducted by a state licensed contractor. 18. Prior to issuance of a grading permit, the project applicant shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit, which includes a copy of the project permit number and two copies of the storm Water Pollution Prevention Plan. 19. Prior to issuance of a grading permit, the applicant shall prepare an NPDES post-construction storm water management plan per Orange County Drainage Area Management Plan (DAMP) that includes all structural and non-structural Best Management Practices. EXHIBIT "B" Page 2 of 3 31A-78 a. Submit and have approved a surface drainage/utility plan that includes all Structural Best Management Practices. b. Provide two copies of the Water Quality Management plan that includes a description of all applicable Structural and Non- Structural Best Management Practices, which may apply to this project. 20. Prior to issuance of building permits, the applicant shall prepare a surface water runoff study to show existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. 21. Grading plans and building plans for the proposed project shall note that construction activities on the project site shall be limited to the hours of 7:00 a.m. to 8:00 p.m. Monday through Friday, 8:00 a.m. to 8:00 p.m. on Saturdays and not permitted on Sundays or federal holidays. B. Police Department 1. All structures and parking lot must conform to the provisions of Chapter 8, Article II Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. EXHIBIT "B" Page 3 of 3 31A-79 31A-80