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HomeMy WebLinkAbout75C - PH 2501 W FIFTH CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: REQUEST FOR COUNCIL ACTION OCTOBER 6, 2008 TITLE: 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 ~ PUBLIC HEARING - AMENDMENT APPLICATION NO. 2008-06 TO ALLOW A ZONE CHANGE FROM LIGHT INDUSTRIAL TO SPECIFIC DEVELOPMENT NO. 82, CONDITIONAL USE PERMIT NO. 2008-05, VARIANCE NO. 2008-04 AND SITE PLAN REVIEW NO. 2008-02 TO ALLOW THE EXPANSION OF THE TEMPLO CALVARIO CHURCH AT 2501 WEST FIFTH STREET - TEMPLO CALVARIO ASSEMBLY OF GOD CHURCH, APPLICANT U/ /? {2. CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162. 2. Adopt an ordinance approving Amendment Application No. 2008-06 for Specific Development No. 82. 3. Adopt a resolution approving Conditional Use Permit No. 2008-05 as conditioned. 4. Adopt a resolution approving Variance No. 2008-04 as conditioned. 5. Adopt a resolution approving Site Plan Review No. 2008-02 as conditioned. PLANNING COMMISSION ACTION On August 25, 2008, the Planning Commission recommended that the City Council approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162; adopt an ordinance approving Amendment Application No. 2008-06 for Specific Development No. 82; adopt a resolution approving Conditional Use Permit No. 2008-05 as conditioned; adopt a resolution approving variance No. 2008-04 as conditioned; and adopt a resolution approving Site Plan Review No. 2008-02 as conditioned by a vote of 7: 0 to change the zoning from Light Industrial (M1) to a Specific Development (SD) designation, to allow church uses with a conditional use permit, to allow a variance for 75C-1 Amendment Application No. 2008-06 Conditional Use Permit No. 2008-05 Variance No. 2008-04 Site Plan Review No. 2008-02 October 6, 2008 Page 2 a reduction in parking and site plan review to allow Templo Calvario to occupy an adjacent building and increase the sanctuary seating at 2501 West Fifth Street (Exhibit A). Conditions of approval were added to provide replacement parking in the event the off-site spaces are no longer available, to develop a trash/maintenance plan for the off-site parking facilities and to hold quarterly meetings between the church, adjacent business operators and City were approved by the Planning Commission. Further, the Commission approved a modification to the parking management plan to reserve 12 parking spaces for use by tenants of the center on Sunday's. FISCAL IMPACT There is no fiscal impact associated with this action. (~ ~ M. . Trevino Executive Director Planning & Building Agency VF:rb vf/reports/aa08-06cup08-05va08-04spr08-02 Templo Calvario.cc 75C-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: AUGUST 25, 2008 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2008-06 TO ALLOW A ZONE CHANGE FROM LIGHT INDUSTRIAL TO SPECIFIC DEVELOPMENT NO. 82, CONDITIONAL USE PERMIT NO. 2008-05, VARIANCE NO. 2008-04 AND SITE PLAN REVIEW NO. 2008-02 TO ALLOW THE EXPANSION OF THE TEMPLO CALVARIO CHURCH AT 2501 WEST FIFTH STREET Prepared by Vince Fregoso PLANNING COMMISSION SECRETARY APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO ~~ ~live Director RECOMMENDED ACTION Recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162. 2. Adopt an ordinance approving Amendment Application No. 2008-06 for Specific Development No. 82. 3. Adopt a resolution approving Conditional Use Permit No. 2008-05 as conditioned. 4. Adopt a resolution approving Variance No. 2008-04 as conditioned. 5. Adopt a resolution approving Site Plan Review No. 2008-02 as conditioned. DISCUSSION Request of Applicant The Templo Cal vario Assembly of God Church is requesting approval of an amendment application, conditional use permit, variance and site plan review approval in order to allow the church to relocate their sanctuary into an existing industrial building at 2501 West Fifth Street. Specifically, the applicant is requesting a zone change from Light Industrial (M1) to Specific Development No. 82 (SD-82), a conditional use permit to allow a church use in the SD zoning district, a variance from the City parking standards and site plan review approval of the project. EXHIBIT A 75C-3 Amendment Application No. 2008-06 Conditional Use Permit No. 2008-05 Variance No. 2008-04 Site Plan Review No. 2008-02 August 25, 2008 Page 2 Property Description The overall project site is a 7.8 acre, irregular shaped parcel of land located on the northeast corner of Fifth and Fairview Streets. The site consists of three separate parcels that are improved with seven, one and two-story buildings that are approximately 193,114 square feet in size. Parcel 1 is a triangular shaped lot on the northwest section of the site and contains two buildings with 18,000 square feet of automotive uses. Parcel 2 is located at the southwest corner of the site and contains an 8,300 square foot building with a retail carpet sales use. Parcel 3 is 6.37 acres in size that has four industrial buildings that contain approximately 166,800 square feet of office, industrial and church uses. The Templo Calvario campus is located on this parcel, which consists of two buildings and 113,357 square feet of area. The overall 7.8 acre site has a total of 303 on-site parking spaces. The subject site has a zoning designation of Light Industrial (M1) and a General Plan land use designation of Industrial (IND). Surrounding land uses include industrial and residential to the north, industrial office uses to the south and east, and Spurgeon Intermediate School and the Goodwill Industries retail/industrial site to the west (Exhibits 1 and 2) . Project Description Templo Calvario is proposing to convert an existing 29,106 square foot industrial building into a new one-level, 2,000 seat church sanctuary at 2501 West Fifth Street. In order to allow the new sanctuary, the applicant is proposing to change the zoning designation of the existing site from Light Industrial (M1) to Specific Development No. 82 (Exhibit 3) . The intent of the Specific Development Plan is to allow churches, which were once permitted in the Light Industrial (M-1) zoning district but are no longer allowed. The project includes the interior and exterior remodel of a vacant building to provide a larger worship facility and additional office space for the church. Additionally, minor architectural improvements such as the removal of damaged wood shingles, the installation of new plaster, and new paint are proposed for the exterior of the building. Landscaping improvements will be limited to the maintenance of existing plant 75C-4 Amendment Application No. 2008-06 Conditional Use Permit No. 2008-05 Variance No. 2008-04 Site Plan Review No. 2008-02 August 25, 2008 Page 3 material, the replacement of missing plant material setbacks and parking lot planters, and the removal and trees that are damaging sidewalks (Exhibits 4, 5, 6 and 7) . within existing replacement of Templo Cal vario currently holds services within a smaller, 1,150 seat facility in an adjacent building at 2617 West Fifth Street. Services are currently held on Sunday at 8:00 a.m., 10:00 a.m., 12:00 p.m. and 5:00 p.m. In addition, programs such as church office operations, a child care center, a book store and community outreach programs are operated from adjacent spaces within the existing campus. These programs are normally operated Monday through Friday from 8: 00 a. m. to 5: 00 p. m. If the entitlements are approved, the church may reduce the number of Sunday services to three by consolidating the 8:00 a.m. and 12:00 p.m. services into one 8:30 a.m. service and shift the 10:00 a.m. service to 11:00 a.m. Analysis of the Issues The Templo Calvario Assembly of God Church has been located in Santa Ana since 1926, when it was established as a mission. In 1936, the facility formally became a church and operated in various locations throughout the City. Templo Calvario operated within the downtown until July 1985, when it relocated to its current location to facilitate a redevelopment project. Due to a large increase in membership, the church is proposing to construct a new sanctuary within a vacant industrial building and convert the existing sanctuary into a fellowship hall. Amendment Application Specific Development Districts were authorized and established for the purpose of protecting and enhancing the value and appearance of property as well as to promote the orderly development of property. In order to facilitate the proposed church expansion, the creation of a Specific Development (SD-82) would be most appropriate. The Specific Development would allow church and ancillary uses that are currently permitted in the Commercial and Residential zones. The Specific Development would also allow for the retention of the existing office, retail and industrial components operating on the project site by allowing all uses within the Light Industrial (M-l) zoning district. The proposal supports the General Plan policies of promoting a balance of land uses to address basic community needs and by protecting and enhancing development sites which 75C-5 Amendment Application No. 2008-06 Conditional Use Permit No. 2008-05 Variance No. 2008-04 Site Plan Review No. 2008-02 August 25, 2008 Page 4 are unique community assets. Approval of the zone change will allow Templo Calvario the ability to continue to operate and expand within the City and continue to provide much needed community services. In addition, the creation of the SD supports the General Plan policy of preserving industrial zoned land by retaining the existing Ml land uses throughout the remainder of the city (Exhibit 8). Conditional Use Permit As drafted, Specific Development Plan No. 82 zoning standards will require a conditional use permit to operate a church use. The purpose of the conditional use permit is to allow a review of the project to ensure it is compatible with the surrounding uses. Further, the conditional use permit enables staff to place conditions on the project to mitigate any potential impacts associated with the church use. The church facility will provide a community service and will allow the church to continue the ministries that contribute to the long-term benefit of the neighborhood. Conditions of approval have been developed to mitigate potential impacts of the proposed project. Parking impacts will be mitigated through the approval of a parking agreement with the Santa Ana Unified School District (SAUSD) to allow the church to park on adjacent school district property. Further, a parking management plan will be implemented to control church parking within the Fairview Business Park parking lot and off -site parking areas. Finally, the placement of the building near Fifth Street also minimizes any potential visual intrusion of the buildings to the nearby residences. The project, as conditioned, will not create adverse impacts or be detrimental to the overall site or neighborhood. Site improvements will be made to improve the site and mitigate parking, noise, safety and design concerns. The proposed church will not adversely affect the present and future economic stability of properties in the surrounding area since the church has owned and occupied the buildings for several years. Parking Variance The SAMC provides the ability to vary from the code when a situation exists that "because applicable to the subject property, including strict application of the of special circumstances size, shape, topography, 75C-6 Amendment Application No. 2008-06 Conditional Use Permit No. 2008-05 Variance No. 2008-04 Site Plan Review No. 2008-02 August 25, 2008 Page 5 location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter" [SAMC Section 41-638 (2) (i)] . Pursuant to this section, Templo Calvario has requested a variance from the City's off-street parking standard as it relates to churches, chapels and religious meeting halls (SAMC Section 41- 1411) . This section requires a minimum of one parking space for each three fixed seats, plus one space for each 35 square feet of floor area in seating areas without fixed seats. Ancillary use areas, such as offices and classrooms, are not parked separately as it is expected that they would be occupied at off-peak times from the main assembly area or, during worship services, would be in use by those who had also arrived for the main service. Thus, the size of the assembly area drives the parking requirement. The limiting factor for the site is the amount of surface parking that can be achieved within the improved complex. Although there are off-site parking opportunities in the adjacent industrial complex to the south and on-street parking available in the area, the site does not meet the on-site parking requirement for a church. While the project applicant has considered subterranean and structured parking, they have determined that it is not feasible at this time due to the cost involved and the need to acquire additional land and buildings. The church has indicated that the overall site will function in a shared use manner. The operational plan of the church limits use of the meeting rooms and fellowship hall to when the church is not providing worship services as the church is the largest parking generator. Today, Templo Calvario's 13,392 square foot facility has a parking requirement of 383 spaces and is a legal non-conforming use at 303 spaces. The proposed assembly area will be on the first floor only and will contain 22,491 square feet of non-fixed seat floor area, which calculates to a parking requirement of 643 spaces. The parcels occupied by Templo Calvario and other buildings in the complex contain 303 parking spaces, of which 291 are available for shared use (12 to be reserved for use by tenants). The new sanctuary will require an additional 260 spaces, resulting in 352 fewer on-site spaces than is required by code. 75C-7 Amendment Application No. 2008-06 Conditional Use Permit No. 2008-05 Variance No. 2008-04 Site Plan Review No. 2008-02 August 25, 2008 Page 6 To address the parking shortage, the traffic engineering firm of Austin- Foust Associates was retained to prepare a parking analysis for the project. Austin-Foust conducted parking counts on four consecutive Sunday mornings in May and June 2008 to attain an accurate parking demand for the church. Based on their analysis of actual peak parking demand, they determined that, based on a passenger per vehicle rate of 3.41, a total of 587 parking spaces would be required for the church expansion project. Although the parking variance request is to allow a reduction of on-site parking by 352 spaces, the applicant has entered into an agreement with the SAUSD to secure the use of 115 parking spaces at the District's warehouse site, bringing the overall effective variance request to a reduction of 237 spaces and brings the total of available spaces to 406. Further, approximately 200 on-street parking spaces are available within the industrial area immediately to the south. Although these spaces are not included in the 406 space total, they should be considered in the church total as they are available for use as the industrial businesses are primarily closed on weekends. As shown on Table 1 below, the number of on-site spaces, along with spaces at the SAUSD sites and the on-street parking spaces, brings the total of available church parking spaces to 606, which is 37 spaces less than the number of spaces required by code but exceeds the estimate of the Austin-Foust study. Table 1 Parking Location Number of Spaces 291 115 200 606 643 37 On Site School District Warehouse Site On Street Parking Subtotal Parking Required by Code Parking Shortage The church originally intended to enter into an agreement with OCTA to provide 312 spaces within a section of the Pacific Electric right-of-way immediately north of the church site. However, due to the uncertainty of 75C-8 Amendment Application No. 2008-06 Conditional Use Permit No. 2008-05 Variance No. 2008-04 Site Plan Review No. 2008-02 August 25, 2008 Page 7 the long-term use of this property, the church and OCTA have agreed on the use of a smaller area within the right-of-way for 120 stalls. These 120 spaces, which are not included in the total number of available parking spaces for the church, are intended to be used as an overflow parking lot during special church events such as Easter and Christmas services. Should the variance be approved, operational conditions are proposed to preserve the shared parking condition, document the agreement with the SAUSD, and to implement the parking management plan with the association. Site Plan Review The Santa Ana Municipal Code requires a review by the Planning Commission of all plans within a specific development plan area to ensure the project is in conformity with the Specific Plan. The review also ensures that the buildings, structures and grounds are in keeping with the neighborhood and will not be detrimental to the development of the specific development area. After analyzing the project, staff has found that the project will be in compliance with all applicable development standards for the site. Addi t ionall y , the church expans ion is in keeping wi th the ne ighborhood, with the project improving the desirability of investment in the area. On April 28, 2008, the Commission held a public hearing on the church expansion proj ect. At this hearing, several issues were raised by the Commission and the public, including concerns with parking, the need to review the parking study, existing church operations, impacts on adjacent uses, unpermitted construction and the environmental analysis of the expansion proj ect. At the conclusion of the hearing, the Commission continued the item to allow staff time to secure the parking study and perform outreach with the industrial tenants adjacent to the church. Based on Commission and public comments, staff obtained an updated parking study for the church project (Exhibit 9). The study identifies the location of existing on-site parking as well as additional off-site parking areas for the church. In addition, a parking management plan has been prepared for the church (Exhibit 10) This plan will assist the church in managing the parking facilities available for the church by providing procedures at the parking lots. Additionally, based on concerns raised at the public hearing, a mitigated negative declaration was prepared for the church expansion project. 75C-9 Amendment Application No. 2008-06 Conditional Use Permit No. 2008-05 Variance No. 2008-04 Site Plan Review No. 2008-02 August 25, 2008 Page 8 Staff has conducted additional public outreach since the public hearing. On May 2200, staff, as well as the City Manager and the Executive Director of the Planning and Building Agency, met with several members of the Fairview Business Park Association. Staff has also been in continual contact with key association members to discuss modifications to the SD document as well as findings of the parking study and parking management plan. On July 28th, the Planning Commission held another public hearing on the church expansion project. At this hearing, the Commission raised concerns regarding the lack of a parking agreement between the church and SAUSD. After considering various options, the Commission continued the item for two weeks to allow the church time to secure the off-site parking agreement for the SAUSD warehouse site, to clarify the parking situation at the Spurgeon Intermediate School site and to modify conditions of approval. Templo Calvario and the SAUSD have entered into an agreement for the use of the warehouse site (Exhibit 11). The final agreement, which is in the process of being completed, will be in place prior to the commencement of services in the new sanctuary. Finally, two conditions of approval have been added and the parking management plan modified to reserve 12 parking spaces for use by tenants of the center, require joint meetings between the church, local businesses and the City to discuss church related issues, and to require a trash/maintenance plan for all church parking facilities. At the August 11th Commission meeting, the applicant proposed to modify the scope of the project from a 2,400 seat, two-level sanctuary to a 2,000 seat, one-level sanctuary. In response, the Commission continued the item and requested that staff analyze the parking impacts of a smaller facility and modify staff's recommendations if appropriate. Staff has analyzed the parking impacts, which have been discussed in the parking variance section of this report, and is now recommending approval of the various entitlements for the project. The Templo Calvario Assembly of God Church will continue to provide a use that serves the religious needs of the residents within the City. Based upon the above analysis of the project, staff recommends that the Planning Commission recommend that the City Council approve Amendment Application No. 2008-06, Conditional Use Permit No. 2008-05 as conditioned, Variance No. 2008-04 as conditioned and Site Plan Review No. 2008-04 as conditioned (Exhibits 12 through 16) . 75C-10 Amendment Application No. 2008-06 Conditional Use Permit No. 2008-05 Variance No. 2008-04 Site Plan Review No. 2008-02 August 25, 2008 Page 9 CEQA Compliance In accordance with the California Environmental Quality Act, a mitigated negative declaration and mitigated monitoring program has been prepared for this project. The Mitigation Negative Declaration was circulated for a 20-day public review period, which ran from July 16, 2008 through August 4, 2008. Two response letters were received; one from OCTA and the other from the County of Orange. The OCTA letter asked for clarification on the location and use of the OCTA right-of-way. The County noted that a regional bikeway was planned along the same right-of-way. The report identifies potential environmental impacts and identifies mitigation measures that reduce the impacts to less than significant levels. The report identified no parking and traffic related impacts resulting from the church expansion. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162 will be filed for this project (Exhibit 17). {/L vince Frego Principal VC:jm vc/reports/aa08-06cup08-05va08-04spr08-02 Templo Calvario.082508.pc 75C-11 R1 II R1 R1 R1 MERIDAY LN. R1 R1 MORNINUlSlUI::. AV. LN R1 R1 R2 R1 R1 R1 R1 R1 R1 R1 R1 J 7TH 81. R2 SO-61 R1 ~ ~ w R2 ~ R2 ~ ~ R1 R1 R2 R2~ 0 ~ d c " WILLITS ST. R1 Rl ~01R ~ R1 ~ f3E ~~ ~ I SO-\7 ~2 R1 I R1 . ~cr::;- R2 I R2 li~ R2 I R2 ~ M1 R2 [][] I C2 I'" C2 \~';;'-OO> C2 ~2 -E= Ml _ R2 . < - I r5TOiUC o ~~~ Bl~. 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I!! i -Ill 11111 rl ~ ~ ~ Ci1 dQ z- _00 t)Ci1 _0::: &1 J! : I I I ~ IJ'I, ~ J ~ j[ ~ 75C-19 Page 2 of 4 lJ I- <( -0 c co ..-l . bdl! LL !IJd! I ~djj I ~ ~ ~ ~ ~ ~ N till J t~! 1'" ~ e ~ ~ .. CI lz J~ J~ mOl ~ IPiq H ~I ~8 . P ~~ I - i 1! ~ i ffi 181t nil ('I) o . t ~ll a... I ~ 0 uuu~uu ~~n~nnn ~~~~~~~~~~. u~uuun IIII :~ : I -, I I I L__ ~III ~III I Ip__ I i- t- r-E I tl _Ll ~ ~ ~ 0::: ~ ::r: t: - ~ I P . ~Ug ~ ..ui .. ~ ~i~ fUi f~ 15 ...-1 ...u~ ~ ~~I!2i IUJ I ~ J ~c3 Jii! <9<9 ~ <I!I 0- ",U; ~ o ~J 0.... ! ....J 15 E"" ~ -0 c: ell -1 ~n~a ~fiNS" 1IlJ! .U Mi\i..:i ~I-..:\ll!" !:l ll..~ :: ~~~ nn~nnn nnnnni ~ ~~~~~~~~~~~ IULlUUB .!I.&~..t.. ~HHHHU ."6l0oGle..@1 ~ ~ Z ~ dQ z- _00 ~~ 000::; - fJ 75C-21 l Inq H ~; ~~ · i ~ ~~ I - j 1 ~ i ffi 1911 Ii Ii Page 4 of 4 TEMPLO CALVARIO ASSEMBLY OF GOD Specific Development Plan No. 82 Section 1. Applicability of Ordinance The specific development zoning district for the Templo Calvario Assembly of God Church, as authorized by Chapter 41, Division 26, Sec. 41-593 et/seq. of the Santa Ana Municipal Code (SAMC), is specifically subj ect to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles and sections of the SAMC shall apply unless expressly stated or superseded by this ordinance. Section 2. Purpose The Specific Development Plan No. 82 (SD-82) for Templo Calvario consist of standards and regulations established for the express purpose of protecting the health, safety and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of properties and encouraging orderly development of the property. Section 3. Uses Permitted 1. The following uses are permitted in the SD-82 District: (a) The compounding, processing, or treatment of raw or previously used materials into a finished or semi-finished product, excluding those specified in SAMC section 41- 489.5. (b) The manufacture of products from raw or previously treated materials, excluding those uses specified in section 41- 489.5. (c) The assembly of products from raw or previously treated materials, excluding those uses specified in section 41- 489.5. (d) The packaging or distribution of previously prepared products or materials, excluding those uses specified in section 41-489.5. (e) Wholesale establishments business-to-business sale equipment. where of the primary trade products, supplies is and 75e!.1!2 8 (f) Storage of previously prepared goods, products materials for eventual distribution or sales where goods, products or materials are the property of owner or operator of the building or structure. or the the (g) Machine shop or other metal working shops. (h) Warehousing. (i) Impound yards (storage dispatching operations. only) with office no or (j ) La undry and with plant premises. dry cleaning establishments in conjunction operation for such establishment on the (k) Eating establishments not specified in section 41-472.5. (1) Research laboratories that do not generate hazardous waste materials. (m) (n) Service stations with no more than two square feet of the gross floor area automotive related product sales. thousand (2,000) devoted to non- Truck, boat and heavy equipment sales, service. rental, and (0) Movie, photography, musical or video production studios. (p) Bulk products greater] when activity. sales such [twenty-five products are (25) the cubic feet or primary sales (q) Public utility structures. (r) Blueprinting, photoengraving, screen printing and other reproduction processes. (s) Wholesale nursery and plant storage. (t) Contractor's yard. (u) Automotive repair and service, including body and fender repair, painting, and engine replacement. (v) Home improvement warehouse store. 75C-23 (w) Sales of industrial products, supplies and equipment used for final product manufacture. (x) Lumberyard, including mill and sash work if conducted entirely within an enclosed building. (y) Recycling facilities not in excess of forty-five thousand (45,000) gross square feet and in compliance with section 41-1253 of this Code including: (1) Small collection facilities. (2) Large collection facilities. (3) Light processing facilities. (z) Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter. (aa) Storage and distribution of hazardous materials. 2. The following uses are permitted when ancillary to any use permitted by section 3-1 or to any use permitted subject to a conditional use permit: (a) Administrative office use occupying up to thirty (30) percent of the gross floor area. (b) Product sales or service uses occupying up to five (5) percent of the gross floor area. (c) Child care facilities occupying up to thirty (30) percent of the gross floor area; provided, however, that no combination of uses permitted by this section shall exceed thirty (30) percent of the gross floor area. (d) The outside storage of Class I and Class II liquids (as defined in the fire code of the City of Santa Ana) in above-ground fixed storage tanks when properly screened pursuant to section 41-622 of the Code, as it may be amended from time to time. As used herein, "tank" means a vessel containing more than sixty (60) gallons. (e) Enclosed storage where the goods, materials or supplies stored are the property of the owner or operator of the building or structure occupying up to thirty (30) percent. 75C-24 3. The following uses may be permitted in the SD-82 district subject to the issuance of a conditional use permit: (a) Principal industrial uses if occupying less than seventy (70) percent of the gross floor area with the remainder of the floor area allocated to office use only. (b) Storage of new or used buildings or houses. (c) Child care facilities other than as permitted by section 41-472.1. (d) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworking or machine shops. (e) Kennels for the temporary care and lodging of dogs and other domesticated household animals. (f) Eating establishments permitted in section 41-472 which operate between 12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a residential use. (g) Eating establishments with drive-through window service. (h) Petroleum and gas storage. (i) Freight, bus and truck terminal. (j) Industrial medical clinics which offer medical services by referral only and do not offer overnight stays. (k) Administrative office use industrial use occupying more the gross floor area. ancillary to a permitted than thirty (30) percent of (1) Heavy processing recycling uses. (m) Car wash facility. (n) Banquet facilities as an ancillary use to a restaurant or eating establishment, subject to development and operational standards set forth in section 41-199.1. (0) Commercial storage not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway or within one thousand (1,000) feet of a freeway intersection. 75C-25 (p) Mini-warehouse uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (q) Recreational vehicle, vehicle and/or boat storage yard; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city IS circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (r) Data center uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (s) Churches and ancillary church uses. Section 4. Development Standards 1. Walls and Screening. Any equipment, whether of building or ground, shall be screened. screening shall be architecturally integrated in terms of materials, color, shape and size. on the roof, side The method of with the building 2. Landscaping Standards. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping consistent with the existing landscape theme and existing improvements on-site. A six-inch raised concrete curb shall be required around all landscape planters unless approved by City Landscape Associate. (a) A landscaped area not less than 10 feet wide shall be maintained on the north (OCTA right-of-way) parking lot on Fairview Street. (b) All new landscaped planters and landscaped areas shall meet the commercial landscape planter standards. (c) Vine pockets shall be provided along the north (OCTA right-of-way) block wall every 15 feet. 75C-26 3. Architectural and Design Features. (a) Exterior Materials: Changes to the exterior materials and finishes shall be submitted to the Planning Division for review and approval. The materials and finishes shall be consistent with those found on the site. (b) Trash Enclosures: Trash enclosures and similar ancillary structures are to match the texture, materials and color palette of the proposed buildings. (c) Lighting Standards/fixtures: A minimum of one-foot candle of 1 ight shall be provided throughout the parking area. Specifications of light standards/fixtures and photometrics plan shall be submitted to the Planning Division for approval. 75C-27 TEMPLO CAL V ARlO CHURCH TRAFFIC AND PARKING ANALYSIS Prepared by: Austin-Foust Associates, Inc. 2223 Wellington Avenue, Suite 300 Santa Ana, CA 92701 (714) 667-0496 July 21, 2008 7 ~E!~8 9 TEMPLO CALV ARlO CHURCH Traffic and Parking Study INTRODUCTION Templo Calvario Church, located at 2617 West Fifth Street in the City of Santa Ana, is proposing to expand its sanctuary seating from 1,200 seats to between 2,200-2,400 seats. The City of Santa Ana has a municipal code-parking requirement for churches to supply one off-street parking space for every three fixed seats within the main auditorium, plus 1 space for each 35 square feet of floor area in any seating area without fixed seats. The church would have fixed seating areas and are required by the municipal code to have 752 off-street parking spaces for the expansion. The church is planning on supplying 630 off-street parking spaces on Sunday's for the expansion and is requesting a variance of 122 parking spaces. ANALYSIS The church holds three services on Sundays: 8:00 AM, 10:00 AM and 12:00 PM. Actual parking counts were conducted during the church services on May 18t\ May 25th, June 1st and June 8th of 2008 (See Appendix for count information). The parking counts reveal that the peak parking demand occurs during the 8:00 AM church service, which had a peak parking demand of 351 parking spaces and averaged 333 occupied spaces as shown in Table 1. TABLE 1 CHURCH PARKING COUNTS 5/18/08 5/25/08 6/1/08 6/8/08 Minimum Maximum Averal!e 8:45 AM 349 318 330 351 318 351 333 10:45 AM 193 187 191 236 187 236 199 12:45 PM 278 276 242 278 242 278 263 In addition to the parking counts, vehicular occupancy was also observed and recorded. The vehicle occupancy varied slightly between the days and church service times and ranged from 1.36 to 2.83 passengers per vehicle and averaged 1.77 passengers per vehicle. Based on a maximum parking demand of 351 spaces for an average 8:00 AM morning service attended by 1,350 people equates to a vehicle occupancy of 3.85 persons per vehicle, which suggests that a large number of people either walk Templo Calvaria Church Traffic and Parking Analysis Austin-Foust Associates, Inc. 925002T A.doc 75C-29 to or are dropped off at church site. Using this existing parking experience (i.e., maximum 351 spaces occupied for 1,200 seat service), it can be estimated that doubling the seats (up to 2,400) will also double the peak parking demand up to 702 spaces, which is six percent less than the City code required parking. FUTURE PARKING With the expansion, the church will have a total of 245 parking spaces available on site (other oca IOns on-Sl e where church parking has not been approved may be available in the future). On Sundays, the church will be allowed additional offsite parking located on the west side of Fairview Street between Fifth Street and Civic Center Drive at Spurgeon Intermediate School and the Santa Ana School District Warehouse for an additional 385 parking spaces as shown in Figure 1. Church members that park in the offsite locations will have pedestrian crossing locations at the existing signalized intersections of Fairview and Fifth, and at Fairview and Civic Center. With the additional off-site parking locations, the members of the church will have access to a total of 630 parking spaces, which is 72 spaces less than the estimated future peak parking demand of 702 spaces. South of the church site, between Fifth Street and First Street is an industrial area that is located within less than one-third of a mile from the church (see Figure 1) where on-street parking is allowed. Measuring and adding the total length where parking on street is not prohibited, it is estimated that this zone can accommodate up to 278 vehicles parked on street (6,950 feet of curb area to park/average vehicle length of 25 feet = 278 parked cars). In order to supply enough parking for the church's peak parking demand of 702 spaces, they would need 72 more spaces. Since most industrial businesses are closed on Sunday's, this leaves the majority of the area's street parking available to church members. Assuming that half of the on-street parking was occupied, the church's 72 spaces needed to meet its future peak parking demand would still leave 67 spaces for on-street parking open, or enough to meet the City's parking code requirement with a surplus of 17 spaces as shown in Table 2. TABLE 2 FUTURE CHURCH SERVICE PARKING ON SUNDAYS LOCATION PARKING SPACES On-Site Church Approved Parking* 245 Spurgeon Intermediate School I 13 Santa Ana Unified School District Warehouse 272 y, of the Industrial Area On-Street Parking (278) 139 TOTAL 769 *Church currently does not have approval to park in 78 spaces of the 323 on-site parking spaces during Sunday service T emplo Calvario Church Traffic and Parking Analysis 2 Austin-Foust Associates, Inc. 925002T A.doc 75C-30 . ~t!f't<_~' -:-;. ,': ~~,. "':""""> 75C-31 v: /. C ;::: -< u C ....I CJ 7 :2 x 2 ~ ~o ..,:"""; ; 2[J ]~ ,,=, ...::: 2;- ',j ::::: ~ - i:(/} V ~j .2 ~ ~i g.~ E:i ~ ;-~ CONCLUSION In conclusion, based on actual peak parking experience for the 1,200 seat services at Templo Calvaria Church (i.e., a maximum of 351 parking spaces occupied), a doubling of the sanctuary seats is anticipated to also double the maximum parking demand to 702 spaces. The churches current parking supply as well as off-site parking locations in combination with an abundance of local/empty on-street parking will meet the peak parking demand of the project's expansion. Templo Calvario Church Traffic and Parking Analysis 4 Austin-Foust Associates, Inc. 925002T A.doc 75C-32 APPENDIX Templo Calvario Church Traffic and Parking Analysis Austin-Foust Associates, Inc. 925002T A.doc 75C-33 en Z o ~ o .J o Z g 0:: <t: Q.. -~ ~l!;._.i "~~:"""' ,-"',.. ~..{'H:> .....' ~. ~ l\ 0:: ~ CO ~ ~ Z ;>< ~ g; ;: o II en ~ Z o N o Z g 0:: ~ ~ f-o en Z o -0 en ;>< ~ ~ ~ e: u ~o:: ~ (31;; ~ f-oZ ~ ::r:~ ::.:: go 0:: 0:: Z ~ ~~ ~ O~ II II 'D t- 'It: 'It: en en ~ ~ ~ ~ Q.. Q.. en en o 0 Z Z g g 0:: 0:: ~ <t: Q.. ~ ~ II II N 'It: en ~ ~ Q.. en o Z g 0:: ~ t- Ir) II <') 'It: en en E3 E3 ~ ~ en en o 0 Z Z ~ g <t: 0:: Q.. ~ ~ ~ II II ~ Ir) 'It: 'It: 75C-34 g ~ --0 ~.~ 'u (::i ~8 ~~ _0-, ~ &; .~ ~ .c:€ ~ ~ ~ - .c:CIl ~.SO .- "'" .... .... '" '" ..::"'- "'"0 U " o '" o..'~ 8:::: '" '" f-o~ TRAFFIC DATA SERVICES, INC. (714) 541-2228 Parking Study LOCATION: TEMPLO CALVARIO FILENAME: 0581OPK1 261 7 W. FIFTH ST DATE: 5/18/08 CllY: SANTA ANA DAY: SUNDAY lime ZONES ZONES Period Beginning 2 3 4 5 6 7 8 9 10 11 12 TOTAL SPACES: 47 47 57 50 64 58 323 6:00 AM :15AM :30 AM :45 AM 7:00AM :15AM :30AM :45 AM 8:00 AM :15AM :30 AM :45 AM 46 46 62 41 58 37 290 9:00 AM :15AM :30 AM :45AM 10:00 AM :15AM :30AM :45 AM 39 36 20 40 50 21 206 11:00AM :15AM :30AM :45 AM 12:00 PM :15 PM :30 PM :45 PM 43 43 53 40 53 37 269 1:00PM :15PM :30 PM :45 PM COMMENTS: SEE PHOTO FOR ZONES 75C-35 $~~ oooNo 100No-'<t o-oNo-o- co 10 -/'..N- N /'.. N <') <( IX> OUt= ~ 0 .....5:~ o~ ~fu ~o 0 IX> IX>z 10 ::::::.::> 0 IOCfJ ~W(De:: 00000 00000 00000 00 (I)~o~ Ode:: W W ~ ~~o ~ ~ 0 <( 00000 00--0 0000- <') I{) <') Z ~~(De:: w u..a..9~ ~ -' LL oue:: ~~o en w .... 0 e::W(De:: 00000 0010<')_ 00<')00 N IX> 3: 5~9~ '<t W u..oue:: > ~~o ~ Z ~ wW(De:: 00000 0-0-_ ooN_O '<) IX> II ~ ~~o~ '<t (D ;;@de:: z w t= Q a..~O ~ W 0 OW(De:: 00000 0-00-0--0 O-O-<,)'<t /'.. 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"i .. .. .. .t:i -. -. " .Q .. .. .. " .. .. .. ci:5 -- .- .. 1-00 -' OJ 12 12~u 75C-41 TRAFFIC DATA SERVICES, INC. (714) 541-2228 Parking Study LOCATION: TEMPLO CALVARIa FILENAME: 0581OPK2 2617 W. FIFTH ST DATE: 5/25/08 CIN: SANTA ANA DAY: SUNDAY Time ZONES ZONES Period Beginning 2 3 4 5 6 7 8 9 10 11 12 TOTAL SPACES: 47 47 57 50 64 58 323 6:00 AM :15AM :30 AM :45 AM 7:00 AM :15AM :30 AM :45 AM 8:00 AM :15AM :30 AM :45 AM 43 41 60 45 47 23 259 9:00 AM :15AM :30 AM :45 AM 10:00 AM :15AM :30 AM :45 AM 40 38 17 44 47 14 200 11:00AM :15AM :30 AM :45 AM 12:00 PM :15PM :30 PM :45 PM 57 42 47 44 51 26 267 1:00PM :15PM :30 PM :45 PM COMMENTS: SEE PHOTO FOR ZONES 75C-42 - N/S ST : EfW ST: CIN: TRAFFIC DATA SERVICES, INC. (714) 541-2228 Pedestrian Counts FAIRVIEW ST FIFTH ST SANTA ANA FILENAME: DATE: DAY: 05810PD 1 5/25/08 SUNDAY Time Period Beginning CROSSED AT CORNER CROSSED MIDBLOCK 6:00 AM :15AM :30 AM :45 AM 7:00 AM :15AM :30 AM :45 AM 8:00 AM :15AM :30 AM :45 AM 9:00 AM :15AM :30 AM :45 AM 10:00 AM :15AM :30 AM :45 AM 11:00AM :15AM :30 AM :45 AM 12:00 PM :15 PM :30 PM :45 PM N - L EG S - L EG E - L EG W - L EG N-L EG S-L EG E-L EG W-L EG TOTAl o 3 5 7 7 o o o o 3 4 4 o 2 1 COMMENTS: o o o o o o 3 5 7 7 o o o o o o o o o 3 o o o o o 4 4 o 2 1 - 75C-43 ~~~ a.. IX) OUt=: '<:t 0 "'"5:~ 6 ~~ ~fu iOO 0 IX) "'Z LO iO~ 0 XW(!)C:: 0 00 u;~o~ O-'C:: ~ wUo LU W CL6 ~ ~ ~ 0 <( 00 0 z ~!::J<.!)C:: 0 q LU -CLO~ -' l.L.@012 u:: CL60 CI) w .... 0 C::W(!)C:: 0 00 s: ::>~o~ 00-'- w l.L.wUC:: > CL60 (!) Z ~ WW(!)C:: 0 00 II ~ M:!~o~ (!) ~O-'a:: Z w wUo t=: Q a.. 6 C:: g: w 0 OW(!)C:: 0 00 G ~~9~ ~ Oua:: ~60 ::> e ~ 0 (j a::~ :i 0 ~z ~ ~ E 120 - E 0 g ~ ::J <( ()CI) - >- > (J -'UJ<.!) 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FIFTH ST DATE: 6/1/08 CIN: SANTA ANA DAY: SUNDAY Time ZONES ZONES Period Beginning 2 3 4 5 6 7 8 9 10 11 12 TOTAL SPACES: 47 47 57 50 64 58 0 323 6:00AM :15AM :30 AM :45 AM 7:00 AM 24 18 2 5 7 0 57 :15AM :30AM :45 AM 8:00 AM :15AM :30 AM :45 AM 38 43 61 44 53 32 86 357 9:00 AM :15AM :30 AM :45 AM 10:00 AM :15AM :30AM :45 AM 37 40 26 42 50 18 5 218 11 :00 AM :15AM :30 AM :45 AM 12:00 PM :15 PM :30 PM :45 PM 44 44 40 42 54 16 29 269 1 :00 PM :15PM :30 PM :45 PM COMMENTS: SEE PHOTO FOR ZONES ZONE #7 IS A DIRT LOT, OPEN 7:30 - 2:45 75C-50 N/S ST : E/W ST: CI1Y: TRAFFIC DATA SERVICES, INC. (714) 541-2228 Pedestrian Counts FAIRVIEW 5T FIFTH 5T SANTA ANA FILENAME: DATE: DAY: 05810PD2 6/1/08 5UNDA Y lime Period Beginning CROSSED AT CORNER CROSSED MIDBLOCK TOTAL 6:00 AM :15AM :30 AM :45 AM 7:00AM :15AM :30 AM :45 AM 8:00 AM :15AM :30 AM :45 AM 9:00 AM :15AM :30 AM :45 AM .10:00 AM :15AM :30AM :45 AM 11:00AM :15AM :30 AM :45 AM 12:00 PM :15PM :30 PM :45 PM N - L EG S - L EG E - L EG W - L EG N - L EG S - L EG E - L EG W - L EG o o 1 o 5 15 8 1 1 o 4 1 o o 2 4 o COMMENTS: o o o o o o o o o 1 o 5 15 8 o o o o o 1 1 o 4 1 o o o o o o o 2 4 o 75C-51 ~~~ OO~O~ U?<")~ON "N<,,)~~ " C3 -0 N ~ ~N~ U? g OUF' <") co "'-I~ e; O~ ~fu ~ ~o 0 CO ......z U? ,=:I 0 -000 XW(!)e!:: 00000 00000 00000 00 Ci)~o~ 0-'- ~ wU6 wI:!:.' <1..6; ~~ 0 z ~!::l(!)C!:: 00000 0<")000 00000 <") U? 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" .. -- -- Qj _. -- -- z o 1= () 9 lD 75C-65 00 00 00 00 ~ <( a a o 00 a <<) ,::.: ~ o e:: u- 00 0 w II 0 ~ d ~ -0 e:: '"' OO~~ ~ ~ cf i'i: ;:) 0 U u :il50~ ~U:iz Cl)0~~ ~~(!)~ Q Q ~ 8 TEMPLO CAL V ARlO CHURCH PARKING MANAGEMENT PLAN Prepared by: Austin-Foust Associates, Inc. 2223 Wellington Avenue, Suite 300 Santa Ana, CA 92708 (714) 667-0496 August 7, 2008 EXHIBIT 10 75C-66 - TEMPLO CAL V ARlO CHURCH Parking Management Plan Templo Calvario Church, located at 2617 West Fifth Street in the City of Santa Ana, is proposing to expand its sanctuary seating from 1,200 seats to between 2,000-2,400 seats. As part of the church expansion, AF A has completed a supplemental parking management plan: 1) On Sundays, the church will have 245 on-site parking spaces available to their attendees and will be restricted from parking in non-approved parking areas shown in Figure 1. a) Church patrons shall not block or park in the driveways, entrances/exits, or loading zones of the neighboring on site businesses. b) Church members shall not park along any red curbs or fire hydrants throughout the center. c) Church members shall not "double park" at any locations throughout the site, and shall keep all drive aisles clear during church service for emergency vehicles. d) The church management on Sundays shall monitor parking and those cars that are improperly parked shall be warned and documented. 2) Proper management of the on site parking will need to be enforced to ensure that the prohibited actions listed in subsection 1) above are prevented. a) Templo Calvaria staff shall serve as parking attendants in the main on-site 30 minutes before and after the start of each service to supervise, regulate and handle any questions or concerns regarding parking on-site. b) Parking staff shall be required to wear garments such as an orange vest or yellow jacket during their shifts so they may be easily recognized and identified by both church attendees and the general public. c) A parking lot monitoring system shall be implemented to observe when the approved on site parking lot is near capacity and full. d) When the on site parking lot is full, Templo staff shall prohibit any further church members from parking on site and direct the church traffic to park in the approved off-site locations. Templo Calvario Church Parking Management Plan Austin-Foust Associates, Inc. 925002PMP.doc 75C-67 - . 3) Suitable offsite parking will be located on the west side of Fairview Street between Fifth Street and Civic Center Drive at Spurgeon Intermediate School and the Santa Ana School District Warehouse for an additional 385 parking spaces. 4) Additional on street parking can be utilized at locations (i.e. south of Fifth Street in the industrial area) where the City does not prohibit or restrict parking on Sundays during church service. 5) Signs will be placed and maintained outside of the building to warn street parkers that if illegally parked, their cars will be towed away at owner's expense. 6) Church goers that park in offsite locations shall be directed to use the pedestrian crossing locations when crossing Fairview Street or Fifth Street at the existing signalized intersections of Fairview Street and Fifth Street or at Fairview Street and Civic Center Drive. a) Church attendees will be instructed not to cross Fairview Street or Fifth Street at any mid-block or unsignalized locations. b) After the opening of the Templo Calvaria Church expansion, pedestrian traffic patterns will be monitored to address the need for additional pedestrian crossing locations by an appropriate agency. 7) The use of church staff as crossing guards at the existing signalized intersections of Fairview Street and Fifth Street and at Fairview Street and Civic Center Drive should be implemented before the start of each service and after commencement for the safety of the church patrons. a) It is recommended that between one and two church staff members should be placed at both intersections during the time periods proceeding and following church service for pedestrian supervision. b) After the opening of the Templo Calvaria Church expansion, pedestrian traffic patterns should be evaluated by an appropriate agency to address the need for additional crossing guards at the two signalized intersections. c) Adequate training must be provided to the designated staff members that take on the responsibilities and authority of crossing guards from an appropriate agency responsible for traffic control. Templo Calvario Church Parking Management Plan 2 Austin-Foust Associates, Inc. 925002PMP.doc 75C-68 - d) Training programs should be designed to acquaint the newly appointed crossing guards with their specific duties, local traffic regulations, and crossing techniques. e) These crossing guards shall be instructed to wear the standard crossing guard uniform required by the appropriate agency responsible for traffic control. 8) The Templo Calvario Church shall be responsible to formally notifY its members to all the aspects of this plan. 9) The Templo Calvaria Church shall create a trash/maintenance plan for all parking facilities used during Sunday service. At a minimum, this plan shall include an education component for the church parishioners, instructions of the location of trash bins and a schedule of maintenance of the church bins in these parking lots. Templo Calvario Church Parking Management Plan 3 Austin-Foust Associates, Inc. 925002PMP.doc 75C-69 . z+ "O.~ <U;Q > '""' ~~ ~.g .... ~ ~o ~ "0 3 t:IJ ~">, "'. ~~;~ 75C-70 Santa Ana Unified School District RISK MANAGEMENT Jane A. Russo, Superintendent August 7, 2008 Templo Calvario, Inc. Rudy Ortiz 2501 W. 5th Street Santa Ana, CA. 92703 RE: LETTER OF AGREEMENT BETWEEN THE SAUSD AND TEMPLO CALVARIa ASSEMBL Y OF GOD CHURCH FOR THE USE OF SAUSD FACILITIES FOR PARKING Dear Mr. Ortiz, The Santa Ana Unified School District has received your application and preliminary agreement for the Use of District facilities located at 750 N. Fairview Street Santa Ana, Calif. 92703. The Santa Ana Unified School District will be able to accommodate your request for the following: f)ay of Week Hours needed Time Event f)eseription of Facility Requested Type of Fee Bee:ins Aetivitv Sunday 8:00 am - 9:00 am Parking Lot at front of Church $60 per ho ur 1 1:00 am District Warehouse and Service + District Community Day School Security (115 parking spaces) Officer The District will issue a permit following receipt of insurance and facilities use fee. Community organizations engaged in ongoing rental of facilities may be required to post a reasonable security deposit in lieu of refundable deposits for each rental. Allose fees shall be paid prior to the beginning date of use. ~~. Camille Boden Executive Director of Risk Management 160J East Chestnut Avenue, Santa Ana, CA 92701-6322, (714) 558-5501 BOARD OF EDUCATION Jose Alfredo Hemandez, President. Rob Richardson, Vice President Audrey Yamagata-Noji, Ph.D., Clerk. Rosemarie Avila, Member. John Palacio, Member EXH1rsC-71 - Conditional Use Permit No. 2008-05 August 25, 2008 Page 1 of 2 Findings of Fact A. Will the proposed contribute to the community? facility which will the neighborhood or use provide a general well service or being of The expansion of the Templo Cal vario Assembly of God Church, as conditioned, will allow the expansion of a religious facility that provides needed religious and benevolent services to the surrounding 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? Templo Calvario, as conditioned, will not be detrimental to persons residing or working in the area. A parking study has been provided that addresses the reduction in parking, with the peak parking demands on weekends when the surrounding buildings are closed. Any anticipated impacts to health, safety or welfare are sufficiently mitigated through the conditions of approval imposed on this project. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed church expansion, as conditioned, will not create any negative or detrimental impacts on the economic viability of the surrounding area. This use will provide a posi ti ve addition to the surrounding area and will complement and improve the economic viability of the area. D. Will the proposed use specified in Chapter 41 use? and condi t ions Code for such comply with the regulations of the Santa Ana Municipal The proposed church will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana MuniCipal Code and all other provisions that regulate church uses. EXHIB~5C_72 -- - Conditional Use Permit No. 2008-05 August 25, 2008 Page 2 of 2 E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed church expansion will adversely affect the General Plan designation of Industrial (IND). The Specific Development Plan No. 82 district will continue to allow the existing industrial uses in addition to the church use. 75C-73 AUGUST 25, 2008 PAGEIOF3 Conditions of Approval Conditional Use Permit No. 2008-05 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by the 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 04-57. 2. Prior to issuance of a certificate of occupancy, the applicant shall prepare an operational plan that will limit the use of ancillary uses and the fellowship hall to the hours the church sanctuary is not being utilized. 3. Prior to issuance of a certificate of occupancy, the applicant shall provide evidence of an agreement, in a form acceptable to the City Attorney, securing parking stalls from the Santa Ana Unified School District. 4. Prior to issuance of a certificate of occupancy, the parking facilities to be used to satisfy the parking requirements shall be improved to comply with applicable codes. 5. The applicant is responsible for the removal of all graffiti on the premises. The graffiti shall be removed within 24 hours of Occurrence. 6. In the event the SAUSD warehouse site is no longer available for church parking, replacement parking shall be secured within six months. The replacement parking shall be located within 500 feet of the church property. EX~~_7 4 . AUGUST 25, 2008 PAGE20F3 7. Prior to issuance of a certificate of occupancy, the applicant and owners of the adjacent industrial buildings shall enter into an agreement to reserve a minimum of 12 parking spaces for use on Sunday by the industrial tenants. 8. After the issuance of a certificate of occupancy, quarterly meetings between the church, adj acent business operators and City shall be held to discuss and resolve issues related to the operation of the church. B. Public Works Agenc~ 1. Submit a copy of the lease agreement. 2. Revise the site plan to eliminate the proposed driveways on Fifth Street and Fairview Street; utilize the existing driveways, which will require an ingress-egress easement with the adjacent property. 3. Revise the ( including the project site plan crack repair frontage. to depict and as necessary) note the of Fifth slurry Street seal along 4. Revise the site plan to note that a reciprocal drainage easement will be required to cover cross-lot drainage. 5. Revise the site plan to depict and note, if any, new points of connection for utility services required to service the site. 6. Revise the site plan to depict and note the reconstruction of the easternmost existing driveway to have the following minimum dimensions, W=A=28' and X=4' . 7. Revise the site plan to correct note #4 on sheet #A1.2 to read "Driveway" instead of "H.C. Ramp". 8 . Revise the site plan to depict the cuI verts to drain the site safely. street must be directed beneath to through the curb. construction of sidewalk Drainage routed to the drain the sidewalk and 9. Revise the site plan to note the installation inlets, with filters to remove hydrocarbons, trash, before discharging into storm drain This applies to the proposed parking lot area. of storm water sediment, and and/or street. 75C-75 -- -- AUGUST 25, 2008 PAGE30F3 10. Submit a preliminary evaluation of the surface drainage showing the direction and means of the flow to the adj acent street and/or on/off-site storm drain facility. Include the estimated volumetric flow (Q) in each direction. 11. Revise the site plan to incorporate construction of the proposed "Site Design" Bmp's (such as walkways with open jOints, sidewalks and parking lot aisles with minimum widths, draining sidewalks into adjacent landscaping, incorporating the landscape area into the drainage system, etc.) to minimize the impervious areas and to maximize permeability and natural areas per the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP) . 12. Revise the site plan to incorporate construction of any proposed "Treatment Control" Bmp's using the Best Available Technology (such as biofil ters, dry or wet detention basins, landscape detentions, wet ponds or wetlands, drainage inserts, filtration basins, etc.) and recommend sizing calculations near the pollutant source, so as to infiltrate and filter the pollutants of concern in post development run-off flow prior to its discharge into any receiving body of water per the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). 75C-76 Variance No. 2008-04 August 25, 2008 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, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The subject site is an irregularly shaped lot that is bordered by a vacant right-of-way line. Due to the shape of the lot and the placement of the existing buildings, the applicant is unable to provide additional parking on the site. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating an existing bUilding and providing religious services to residents of the City as conditionally permitted by the zoning. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance for a reduction in parking will not be detrimental to surrounding properties as conditions of approval, such as a block wall and landscaping, are proposed to mitigate impacts to the residential uses to the north. As conditioned, the additional off-site parking spaces will minimize the impacts to surrounding properties. D. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as a goal of the General Plan is to promote a balance of land uses that address basic community needs. EXHIBIT 1477 75C- - - AUGUST 25, 2008 PAGE 1 OF2 Conditions for Approval Variance No. 2008-04 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 04-57. 2. Prior to issuance of a certificate of occupancy, the applicant shall prepare an operational plan that will limit the use of ancillary uses and the fellowship hall to the hours the church sanctuary is not being utilized. 3. Prior to issuance of a certificate of occupancy, the applicant shall provide evidence of an agreement, in a form acceptable to the City Attorney, securing parking stalls from the Santa Ana Unified School District. 4. Prior to issuance of a certificate of occupancy, the parking facilities to be used to satisfy the parking requirements shall be improved to comply with applicable codes. 5. The applicant is responsible for the removal of all graffiti on the premises. The graffiti shall be removed within 24 hours of occurrence. 6. In the event the SAUSD warehouse site is no longer available for church parking, replacement parking shall be secured within six months. The replacement parking shall be located within 500 feet of the church property. E18~_ ~8 AUGUST 25, 2008 PAGE 2 OF2 7. Prior to issuance of a certificate of occupancy, the applicant and owners of the adjacent industrial buildings shall enter into an agreement to reserve a minimum of 12 parking spaces for use on Sunday by the industrial tenants. 8. After the issuance of a certificate of occupancy, quarterly meetings between the church, adj acent business operators and City shall be held to discuss and resolve issues related to the operation of the church. 75C-79 AUGUST 25, 2008 PAGE 1 OF 1 Conditions for Approval Site Plan Review No. 2008-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards 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 site plan review. The applicant must remain in compliance with all conditions listed below throughout the life of the site plan review. Failure to comply with each and every condition may result in the revocation of the site plan review. A. Planning Division 1. The project shall remain in compliance with Site Plan Review No. 2004-57. EXHIBIT 16 75C-80 ~~fA Environmental Checklist CEQA Compliance PLANNING DIVISION I. Project Title: Templo Calvario Assembly of God Church Expansion II. Project Numbers: AA 2008-06. CUP 2008-05. VA 2008-04, SPR 2008-02 and ER 2004-162 III. Lead Agency Name and Address: City of Santa Ana Planning Division (M-20) P.O. Box 1988, Santa Ana, CA 92702 IV. Contact and Phone Number: Vince Freqoso (714) 667-2713 V. Project Location: 2501 West Fifth Street VI. Project Sponsor's Name and Address: Rudy Ortiz, Templo Calvario Assembly of God Church, 2501 West Fifth Street, Santa Ana, CA 92703 VII. General Plan Designation: Industrial (IND) VIII. Zoning: Light Industrial (M-1) IX. Description of Project: The proposed project consists of the conversion of an existing 29,106 square foot industrial building into a new 2,400 seat church sanctuary. In order to allow the new sanctuary, the applicant is proposing to change the zoning designation of the existing site from Light Industrial (M1) to Specific Development No. 82. The intent of the Specific Development Plan is to allow churches, which were once permitted in the Light Industrial (M-1) zoning district but are no longer allowed. The project includes the interior and exterior remodel of a vacant building to provide a larger worship facility and additional office space for the church. Additionally, minor architectural improvements such as the removal of damaged wood shingles, the installation of new plaster, and new paint are proposed for the exterior of the building. Landscaping improvements will be limited to the maintenance of existing plant material, the replacement of missing plant material within existing setbacks and parking lot planters, and the removal and replacement of trees that are damaging sidewalks. The church will provide 630 parking spaces both on and off-site, including 245 on the premises, 113 at Spurgeon Intermediate School immediately west of the site, 272 spaces at the school district warehouse site northwest of the subject site. Additionally, street parking for approximately 200 vehicles is provided on the streets serving the industrial uses to the south of the church site. Parking for an additional 120 vehicles for overflow parking during special events will also be available on the OCT A right-of-way north of the site. The project currently has an Industrial (IND) general plan land use designation and Light Industrial (M1) zoning designation. Therefore, a general plan amendment and zone change are proposed. Additionally, a conditional use permit to allow a church facility within an SD zoning distinct, a variance to allow a reduction in required parking and site plan review approval for a development within an SD zoning district are requested. Templo Calvario currently holds services within a smaller, 1,150 seat facility in an adjacent building at 2617 West Fifth Street. Currently, services are held on Sunday at 8:00 a.m., 10:00 a.m., 12:00 p.m. and 5:00 p.m. In addition, other programs such as church office operations, a child care center, a book store and community outreach programs are operated from adjacent spaces within the existing campus. These programs are normally operated Monday through Friday from 8:00 a.m. to 5:00 p.m. LL\M:\WP51\MISC\Templo Calvario MND.doc E19C!8'1 Page 1 of 2 ~fA Environmental Checklist CEQA Compliance X. Surrounding Land Uses and Setting: The project site is a fully developed, rectangular shaped parcel located on the northeast corner of Fifth and Fairview Streets. Vehicular access to the site is provided on both Fifth Street and Fairview Street. with Fairview Street listed as a major arterial street in the Circulation Element of the City's General Plan. The surrounding land uses include the vacant OCTA right-of-way and residential to the north, industrial uses to the south and east, and an intermediate school and a school district warehouse to the west. XI. Other agencies whose approval is required. No approval is required from outside agencies. 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. o Aesthetics o Agricultural Resources o Air Quality o Biological Resources o Cultural Resources o Geology and Soils o Hazards and Hazardous Materials o Hydrology and Water Quality o Land Use and Planning o Mineral Resources o Noise o Population and Housing o Public Services o Recreation o Transportation and Traffic o Utilities and Service Systems o Mandatory Findings of Significance 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. [gI 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. 0 The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. D. 0 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 CEQA 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 CEQA 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 significant effects no previously discussed. A SUBSEQUENT EIR hall e prepared. Signature G Vince Freaoso. Principal Planner LLIM:IWP51IMISCITemplo Calvario MND.doc 75C-82 Page 2 of 2 an fA Environmental Checklist 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. "Less than Significant with 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. Less than Significant Potentially with 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 [8J B. Damage scenic resources, including but not limited 0 0 0 [8J to, trees, rock outpourings and historic buildings within a state highway? C. Substantially degrade the existing visual character or quality of the site and its surroundings? 0 0 0 [8J D. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 0 0 0 [8J 75C-83 anfA Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact Less than Significant with 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 0 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 ~ B. Conflict with existing zoning for agricultural use or a 0 Williamson Contract? o o ~ C. Involve other changes in the existing environment 0 which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? o o ~ III. Air Quality - Where available, the significant criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations. Would the project: A. Conflict with or obstruct implementation applicable Air Quality Attainment Plan Congestion Management Plan? of 0 or B. Violate any stationary source air quality standard or 0 contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase 0 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 exceeds quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant 0 concentrations? 75C-84 o o ~ o o ~ o ~ o o o ~ anf^ Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact E. Create objectionable odors affecting a substantial D number of people? IV. Biological Resources - Would the project: A. Have a substantial adverse impact, either directly D 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? B. Have a substantial adverse impact on any riparian D 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 D (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 D protecting biological resources, such as tree preservation policy or ordinance? V. Cultural Resources - Would the project: A. Cause a substantial adverse change in the D significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the D significance of a unique archaeological resource pursuant to define Section 15064.5? C. Directly or indirectly disturb or destroy a unique D paleontological resource or site? 75C-85 Less than Significant with Mitigation Incorporated D D D D D D D D Less Than Significant Impact D D D D D D D D No Impact [8J [8J [8J [8J [8J [8J [8J [8J an~fA Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact D. Disturb any human remains, including those D interred outside of formal cemeteries? VI. Geology and Soils - Would the project: A. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as D 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? 2. Strong seismic ground shaking? D including D 3. Seismic-related ground failure, liquefaction? 4. Landslides? D B. Would the project result in substantial soil erosion D or the loss of topsoil? C. Would the project result in the loss of a unique D geologic feature? D. Is the project located on strata or soil that is D 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 D wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? 75C-86 Less than Significant with Mitigation Incorporated D D D D D D D D D Less Than Significant Impact D D [gJ [gJ D D D D D No Impact [gJ [gJ D D [gJ [gJ [gJ [gJ [gJ ~'A Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact VII. Hazardous and Hazardous Materials - Would the project: A. Create a significant hazard to the public or the 0 environment through the routine transport, use or disposal of hazardous materials? Emit hazardous emissions or handle hazardous or 0 acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? B. C. Be located on a site which is located on a list of 0 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 0 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 0 water quality standards or waste discharge requirements? B. Substantially deplete groundwater supplies or 0 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)? C. Substantially alter the existing drainage pattern of 0 the site or area, including through the alteration of the course of 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? 75C-87 Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact o o f2J o o f2J o o f2J o o f2J o o f2J o o f2J o o f2J .. anf^ Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact D. Create or contribute runoff water which would 0 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? 0 Place housing within a 100-year floodplain, as 0 mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? F. G. Place within a 1 OO-year floodplain structures which 0 would impede or redirect flood flows? H. Expose people or structures to a significant risk of 0 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 0 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 0 quality during or following construction? K. Could the proposed project result in increased 0 erosion downstream? L. Result in increased impervious surfaces and 0 associated increased runoff? M. Create a significant adverse environmental impact 0 to drainage patterns due to changes in runoff flow rates or volumes? N. Tributary to an already impaired water body, as 0 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? 75C-88 Less than Significant with Mitigation Incorporated o o o o o o o o o o o Less Than Significant Impact o o o o o o o o o o o No Impact r8J r8J r8J r8J r8J r8J r8J r8J r8J r8J r8J DWfA Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact o. Tributary to other environmentally sensitive areas? D If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact D on surface water quality to either marine, fresh, or wetland waters? Q. Have a potentially significant adverse impact on D groundwater quality? R. Cause or contribute to an exceedance of D applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? s. Impact aquatic, wetland, or riparian habitat? D IX. Land Use and Planning - Would the project: A. Physically divide an established community? D Conflict with any applicable land use plan, policy, D 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? B. C. Conflict with any applicable habitat conservation D plan or natural community conservation plan? X. Mineral Resources - Would the project: A. Result in the loss of availability of a locally- D important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? 75C-89 Less than Significant with Mitigation Incorporated D D D D D D D D D Less Than Significant Impact D D D D D D D D D No Impact r8J r8J r8J r8J r8J r8J r8J r8J r8J I anlA Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact XI. Noise - Would the project result in: A. Exposure of persons to or generation of noise 0 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 0 groundborne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise 0 levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in 0 ambient noise levels in the project vicinity above levels existing without project? E. For a project located within an airport land use 0 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, 0 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, 0 necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, 0 necessitating the construction of replacement housing elsewhere? 75C-90 Less than Significant with Mitigation Incorporated Less Than Significant Impact o ~ o o o ~ o o o o o o o o o o No Impact o ~ o ~ ~ ~ ~ ~ anlA Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact 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: 1. Fire protection? D D D D D 2. Police protection? 3. Schools? 4. Parks? 5. Other public facilities? XIV. Recreation A. Would the project increase the use of existing D 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 D 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 D 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)? 75C-91 Less than Significant with Mitigation Incorporated D D D D D D D [g1 Less Than Significant Impact [g1 [g1 D D D D D D No Impact D D [g1 [g1 [g1 [g1 [g1 D anf^ Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact B. Exceed, either individually or cumulatively, a level 0 of service standard established by the county congestion management agency for designated roads or highways? Result in a change in air traffic patterns, including 0 either an increase in traffic levels or a change in location that results in substantial safety risks? C. D. Substantially increase hazards to a design feature 0 (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? E. Result in inadequate emergency access? 0 Result in inadequate parking capacity? 0 Conflict with adopted policies supporting 0 alternative transportation (e.g., bus turnouts, bicycle racks)? F. G. XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the 0 applicable Regional Water Quality Control Board? B. Require or result in the construction of new water 0 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 0 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 0 project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater 0 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? 75C-92 Less than Significant with Mitigation Incorporated o o o o [8J o o o o o o Less Than Significant Impact o o o o o o o o o o o No Impact [8J [8J [8J [8J o [8J [8J [8J [8J [8J [8J anf^ Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact F. Is the project served by a landfill with sufficient D permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and D regulations related to solid waste? XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the D 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 D 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 D will cause substantial adverse effects on human beings, either directly or indirectly? 75C-93 Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact D rxI D D rxI D D D rxI D D rxI D D rxI anf^ Responses to Environmental Checklist For CEQA Compliance The following is an analysis of potential environmental impacts associated with the proposed project based upon the City of Santa Ana Environmental Checklist. The analysis incorporates by reference information from the environmental impact report for the Santa Ana General Plan Land Use Element (EIR No. 97-1). 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 According to the City's General Plan Land Use Element FEIR, there are no scenic vistas within the immediate vicinity of the project site. The Orange Freeway (SR-57), Newport-Costa Mesa Freeway (SR- 55), and Garden Grove Freeway (SR-22) are the three state highways that can be found in the City of Santa Ana. The proposed project site is not visible from any of those highways and therefore will not damage or destroy any scenic resources that are located within the vicinity of these highways. C. Substantially degrade the existing visual character or quality of the site and its surrounding? D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? No Impact The proposed project will not degrade the visual quality of the site, with impacts anticipated to be beneficial, not adverse. The project includes the rehabilitation and remodel of a vacant industrial building with newer, better quality building materials. Major sources of light and glare in the project area include light from street and parking lot lights, illuminated signage, headlights from vehicles, security lighting, and indoor lighting. The proposed project will not introduce substantial new lighting which will be discernable over existing conditions as the church will primarily operate during the day and no new light standards are proposed within the parking lot. II. Agricultural Resources A. Convert Prime Farmland, Unique Farmland or Farmland 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 Farmland, to non-agriculture use? No Impact The project will not impact any prime farmland, conflict with existing zones for agriculture uses or involve changes in the existing environment that results in a loss of farmland. The project site is currently occupied by several industrial buildings, with the project consisting of the re-tenanting of an industrial building with no new construction proposed as part of this project. Presently, there are no areas in the City that are under existing Williamson Contracts. Therefore the proposed project will not result in any adverse impacts to agricultural resources. 75C-94 an~fA Responses to Environmental Checklist For CEQA Compliance III. Air Quality 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? D. Expose sensitive receptors to substantial pollutant concentrations? E. Create objectionable odors affecting a substantial number of people? No Impact The City of Santa Ana is included within the South Coast Air Quality Management District and subject to the requirements of the Clean Air Act at both the Federal and State level. 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 the General Plan. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in the City's General Plan. The proposed church project will not impact the growth projections in the General Plan. Therefore, approval of the proposed zone change will not conflict with the South Coast AQMP. Finally, the proposed project is a church land use and would not generate significant long-term operational odors. 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? 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, and particulate matter. The SCAQMD considers an air quality impact to be significant if it exceeds the thresholds identified below. EMISSION THRESHOLDS OF SIGNIFICANCE Project Pollutant Construction Tons/ Operations Pounds/Day Quarter Pounds/Dav Carbon Monoxide 550 24.75 550 Reactive Organic Compounds 75 2.5 55 Nitroqen Oxides 100 2.5 55 Particulate Matter 150 6.75 150 75C-95 2 an,A Responses to Environmental Checklist For CEQA Compliance Long-Term 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. A relatively minor amount of gaseous emissions would also occur from natural gas and electricity usage. The proposed project is consistent with the City's General Plan and would not exceed the air pollutant emission projections established in the General Plan Land Use Element EIR. It has been determined that implementation of the proposed project would not result significant long-term or short-term air quality impacts. Therefore, the proposed project area would not be exposed to substantial concentrations of air quality pollutants. 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? 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 The City of Santa Ana General Plan Land Use Element EIR indicates that Santa Ana is predominantly built-out and that all sizable expanses of undisturbed native vegetation have been eliminated. Since no new construction is proposed, approval and implementation of the proposed project will not result in impacts to anyon-site biological resource. V. Cultural Resources A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? 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 formal cemeteries. 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 located on the project site. Therefore, implementation of the proposed project would not result in significant impacts to any historic resource. Further, 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. Additionally, the project site is fully developed. 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. 75C-96 3 ~'A Responses to Environmental Checklist For CEQA Compliance VI. Geology and Soils A-1. 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 would be considered low. A-2. Strong Seismic Ground shaking? Less Than Significant Impact The project site is located in 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 NewporUlnglewood 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 significant damage from a magnitude 7.0 earthquake along the NewporUlnglewood fault zone. A seismic event of this scale could potentially result in significant damage to the project site. However, the risks at the site are similar to many other areas in Southern California. To minimize potential seismic shaking impacts, the proposed project would be subject to Seismic Safety Standards of the California Standards Building Code. Compliance with the Code would reduce potential impacts associated with seismic shaking activity to a level that would be less than significant. A-3. Seismic-related ground failure, including liquefaction? Less Than Significant Impact 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 EIR, the project site is located in an area that is characterized with high-medium liquefaction hazard potential. To minimize potential liquefaction impacts, the proposed project would be subject to Seismic Shaking Standards of the California Standards Building Code. Compliance with the 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 proposed project would not result in adverse impacts in regards to landslides. 75C-97 4 anfA Responses to Environmental Checklist For CEQA Compliance B. Would the project result in substantial soil erosion or the loss of topsoil? No Impact Erosion refers to the removal of soil from exposed bedrock surfaces by water or wind. The effects of erosion are intensified with an increase in slope, the narrowing of runoff channels and by the removal of groundcover, which leaves the soil exposed. The project will not result in substantial soil erosion or loss of topsoil as the project does not propose changes in the existing environment. With the exception of landscaped areas, the project is predominately covered with asphalt parking areas. Therefore the proposed project will not result in any adverse impacts to top soil or result in soil erosion. 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 proposed project would not result in adverse impacts to any unique geologic feature. D. Is 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? No Impact According the City's General Plan Land Use Element EIR, the project site is located on soils that have high shrink/swell potential, possible corrosion potential to uncoated steel and low corrosion potential to concrete. However, since no new construction is proposed for this project, the soil conditions on the project site will not provide a constraint on the proposed project. 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 will not require the expansion of additional sewer facilities. VII. Hazards and Hazardous Materials 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 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? 75C-98 5 an fA Responses to Environmental Checklist For CEQA Compliance No Impact Approval of the proposed church use would have no impact on the transport or disposal of hazardous material in that the proposed project does not involve activities that would emit hazardous or acutely hazardous material. Additionally, according to the City of Santa Ana Fire Department and the City's General Plan, the project site is not included on a list of hazardous material sites. Therefore, implementation of the proposed project will 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 City's General Plan Land Use Element EIR and the Orange County Airports Environs Land Use Plan, Santa Ana is not located within any aircraft accident potential zones, nor is the proposed project located within a John Wayne Airport Planning Area. Additionally, there are no private airstrips in the City. Therefore, approval of the proposed project would not increase the potential for safety hazards for people residing in or working within the City. VIII. Hydrology and Water Quality A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? E. Otherwise substantially degrade water quality? I. Resulting an increase in pollutant discharges to receiving waters? 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 runoff? 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 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 or surface water quality to either marine, fresh or wetland waters? Q. Have a potentially significant adverse impact on the groundwater quality? 75C-99 6 anf^ Responses to Environmental Checklist For CEQA Compliance 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? No Impact 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 implements the goals, objectives and requirements of the Basin Plan and Drainage Area Management Plan through the City's Local Implementation Plan. Storm water flows from the project site would be conveyed to an underground storm drain before ultimately discharging into Santa Ana River watershed. The Santa Ana Regional Water Quality Control Board has identified Santa Ana River as impaired by nutrients, sediments, metals and pesticides. Since no new construction is proposed for this project, there will be no impact to the hydrology and water quality from the 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. No Impact The proposed project would not interfere with ground water recharge because the project area is not located in an area that is known to recharge the ground water system. Additionally, construction operations for the proposed project are limited to exterior improvements and interior tenant improvements and would not encroach onto the underground water basin. Implementation of the proposed project would not result in significant impacts to any underground water supplies. C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of 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? No Impact The project site is located within an urbanized area with improved drainage facilities. The proposed project would not introduce additional impervious surfaces unto the project site. There would be no significant increase in the surface water flows generated from the project site because the site is currently imperious and the project will not change the existing conditions. 75C-100 7 an'^ Responses to Environmental Checklist For CEQA Compliance 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. 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? No Impact The City of Santa Ana is a participant in the National Flood Insurance Program (NFIP). Communities participating in the NFIP must adopt and enforce minimum floodplain management standards, including identification of flood hazards and flood risks. Participation in the NFIP allows communities to purchase low cost insurance protection against losses from flooding. The published Flood Insurance Rate Maps (FIRM) for the project site is included on Community Panel No. 06022320257H. The project site is located entirely in Zone X, which is defined as areas beyond the limits of the 1 OO-year flood and 500-year flood. Implementation of the proposed project would not significantly increase the potential for flood risks. IX. Land Use and Planning A. Physically divide an established community? C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact The project site is currently developed with commercial and industrial development that is oriented towards two arterial streets. The project consists of tenant improvements and exterior upgrades that will not divide existing neighborhoods. The proposed project is located in an urbanized setting and no locally designated species or natural communities are known to exist in the project area. The site is not part of any habitat conservation plan or natural community preservation plan. 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? No impact The General Plan land use designation and zoning for the site are industrial, with the site historically used for commercial, residential and religious purposes. The proposed project includes a zone change to allow the properties to be redesignated to be consistent with the existing development as well as allow the church use on a major arterial street. The proposed project will continue the existing development pattern and will not create a conflict with any applicable land use plan, policy or regulations adopted for the purpose of avoiding or mitigating an environmental effect. 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? 75C-101 8 arrfA Responses to Environmental Checklist For CEQA Compliance No Impact According to the City's Updated General Plan Land Use Element EIR, there are no areas in Santa Ana that are designated 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 permanent increase in ambient noise levels in the project vicinity above levels existing without the project. Less Than Significant Impact The project site is subject to noise standards and guidelines in the General Plan Noise Element and Municipal Code Noise Ordinance. The primary purpose of the City of Santa Ana Noise Element is to "Prevent significant increases in noise levels in the community and minimize the adverse effects of currently-existing noise sources." In accordance with the Noise Element, the City has adopted noise standards and guidelines for land use planning. These guidelines for exterior noise levels are presented in Table N-1. Table N-1 Ci Of Santa Ana Land Use Guidelines For Exterior Noise land Use Noise level dBA CNEl or ldn Desirable Maximum Maximum Acce table 55 65 60 65 65 70 60 70 65 75 70 75 A significant noise impact would occur if a proposed land uses does not comply with the General Plan noise standards identified in Table N-1, or when a proposed land use results in an 3dB increase to existing noise levels when the existing noise level is at least 65 dB CNEL. The operation of the proposed project would not significantly increase noise levels within the project site. A significant increase in noise would be a 3dB increase over existing noise levels. Typically, a 3db increase in noise levels could occur when existing traffic volumes are more than doubled. Since there are no sensitive receptors in the immediate area of the parking lots, implementation of the proposed project would not result in a 3db increase to existing noise levels within the project area. B. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels. D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. 75C-102 9 ~'A Responses to Environmental Checklist For CEQA Compliance No Impact The proposed project involves both the exterior remodel of an existing building and tenant improvements, with no new construction. No mitigation measures are necessary. Implementation of the proposed project would not result in short-term construction related noise impacts. Short-term noise impacts would result from site preparation, excavation, grading, and other construction operations. 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 There are no public airports in the City of Santa Ana; however, John Wayne International Airport is located one-mile southwest of city limits. The proposed project is located within a two-mile radius of the airport. According to the Santa Ana General Plan Draft Environmental Impact Report, no area of the City of Santa Ana is within the noise impact area or 65 CNEL of John Wayne International Airport. Therefore, people residing or working in the project area will not be exposed to excessive noise levels. No impact is anticipated. 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 The proposed project would replace an existing industrial use with a church use. Implementation of the proposed project would not increase the population within the project area or displace existing households within the project area. The proposed project is consistent with the General Plan and local and regional growth projections for the project area. XIII. Public Services Fire Protection: Less than Significant Impact The City of Santa Ana Fire Department will provide fire protection and emergency services to the project site. The City maintains ten fire stations throughout the City. The stations are situated where no location in the City is outside of an approximate 1.5 radius of a fire station. Additionally, the City maintains a Mutual Aid Agreement for fire protection services with the neighboring Cities of Fountain Valley, Garden Grove, Tustin, Irvine and Costa Mesa. According to the City of Santa Ana Insurance Service Organization, the City has a low fire risk rating. 75C-103 10 ~fA Responses to Environmental Checklist For CEQA Compliance A fire station is located at the corner of Fifth and Newhope Streets and IS approximately 1.3 mile from the project site. According to the Santa Ana Fire Department, implementation of the proposed project would not increase the demand for fire protection services over current levels of demand within the project area and that under existing levels of manpower and equipment the Fire Department would be able to provide an adequate level of service. Pursuant to the California Fire Code, the installation of an automatic fire sprinklers system and fire alarm system are required. Compliance with the California Fire Code would reduce any potential impacts to a level considered less than significant. Police Protection: Less than Significant The Santa Ana Police Department would provide police protection services for the proposed project. According to the Santa Ana Police Department, the church operation will not increase the demand for police protection services over current levels of manpower and equipment. The Police Department would be able to provide an adequate level of service. Schools, Parks, Other Facilities: No Impact Implementation of the proposed project would not generate demand for additional school services above the current conditions, nor would it generate demand for additional park services. No adverse impacts to schools, parks or other public services would occur. 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. No Impact Implementation of the proposed project would not generate additional demands on existing recreation facilities or require the construction of new recreation facilities. No adverse impacts to recreation services and facilities would occur. 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 implementation of the proposed project would increase vehicle trips in the project area in that the project increases the seating capacity of the church sanctuary. According to projected trip generation prepared by the City of Santa Ana Traffic Division, an additional 396 trips may be anticipated from the new sanctuary. As the church operates primarily on Sundays, no impacts are expected to the street system. Therefore, no mitigation measures are required. 75C-104 11 anlA Responses to 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? No Impact The proposed project will not result in an increase in traffic that will affect the level of service standard for Fifth or Fairview Streets, the two primary streets in the immediate vicinity. No impact is anticipated. 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 There are no public airports in the City of Santa Ana; however, John Wayne International Airport is located one-mile southwest of city limits. The proposed project is not located within a two-mile radius of the airport. No impact is anticipated. D. Substantially increase hazards to a design feature No Impact Through the City's development review process, the City's Public Works Agency has determined that implementation of the proposed project would not increase traffic hazards within the project area. E. Result in inadequate emergency access No Impact As part of the City's development review process, the proposed project was reviewed by the Police Department and the Fire Department to ensure adequate emergency access. No adverse emergency access impacts would be associated with the proposed project. F. Result in inadequate parking capacity Less than Significant Impact with mitigation incorporated The City of Santa Ana stipulates that the parking for a development be based on the City's parking code. The off-street parking code establishes stand alone peak parking requirements for various primary uses and assumes that ancillary uses are not parked separately: It is expected that ancillary uses would be occupied at off-peak times or would be in use by those who had also arrived for the main use, which in this case is worship services. Thus, the size of the assembly area for church drives the parking requirement. Templo Calva rio's proposed assembly area contains 26,331 square feet of non-fixed seat floor area, which calculates to a total parking requirement of 752 parking spaces. Templo Calvario occupies several buildings within an integrated development site with 303 parking spaces, of which 245 are available for use by all in a shared basis. The other uses on the site operate primarily Monday through Friday, leaving most of the site available for the church parking on the weekends, and more specifically on Sunday when the church conducts its worship services. The resulting shortage of 507 on-site parking spaces could potentially result in inadequate parking supply and could create traffic impacts as vehicles would have to queue on the street waiting for available spaces. To minimize potential traffic impacts related to the shortage of parking spaces, the Planning Division is recommending the following mitigation measures: 75C-105 12 anfA Responses to Environmental Checklist For CEQA Compliance Mitigation Measures · The church shall prepare an operational plan that will limit the use of ancillary uses and the fellowship hall to the hours the church sanctuary is not being utilized. · Prior to the issuance of a Certificate of Occupancy, the applicant shall provide evidence of an agreement, in a form acceptable to the City Attorney of the City of Santa Ana, securing a minimum of 385 parking stalls from the Santa Ana Unified School District. · Prior to the issuance of a Certificate of Occupancy, the applicant shall provide a parking management plan in a form acceptable to the Planning Manager of the City of Santa Ana, describing the manner in which pedestrian safety will be ensured from the off-site parking lots. · The parking facilities used to satisfy the parking requirements shall be improved to comply with applicable codes. G. Conflict with adopted policies supporting alternative transportation No Impact The proposed project would not be in conflict with any City policies regarding alternative modes of transportation. Nor would implementation of the proposed project displace any existing modes of public transportation provided within the project area. 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 providers existing commitments. No Impact The Orange County Sanitation District (OCSD) regulates wastewater treatment for the City of Santa Ana. The proposed project will not cause any violation of those standards set forth by the OCSD. 75C-106 13 , crnfA Responses to Environmental Checklist For CEQA Compliance The City of Santa Ana and OCSD would provide wastewater service to the proposed project. The project area is currently improved with wastewater sewer facilities. Implementation of the project would not increase wastewater demands in the project area over current condition. The wastewater demands of the project would be accounted for in the City's Urban Water Management Plan. Additionally, implementation of the project would not increase the amount of surface water runoff currently generated from the project site. The project would not require the construction of new drainage facilities. The City of Santa Ana Water Department would provide domestic water service for the proposed project. Implementation of the proposed project would not increase water demand within the project area over the current condition. The proposed project is consistent with the General Plan and water demands are accounted for in the City's Urban Water Management Plan. F. Is the project served by a landfill with sufficient permitted 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 The City of Santa Ana would provide solid waste collection services to the project site. Solid waste is transported to the Environmental Service transfer station in Irvine, and then taken to the Bowerman Landfill. The Bowerman Landfill is permitted to accept 8,500 tons per day and is anticipated to close in year 2024. The California Integrated Waste Management Act of 1989 (AB 939) mandates all cities and counties in California to divert fifty percent of solid waste generated from landfill disposal. As part of the General Plan, the City of Santa Ana has prepared a Source Reduction and Recycling Element, which describe how the City complies with the mandates of AB 939. In order to comply with the requirements of AB 939, the City has implemented several waste reduction programs including green waste programs, source reduction programs, and recycling programs. The proposed project would not significantly increase the demand for solid waste disposal. Compliance with the City's recycling program would reduce long-term solid waste disposal service impacts to a level considered less than significant. XVII. Project Alternatives See Exhibit A (attached) for a discussion on project alternatives. XVIII. 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. 75C-107 14 r anfA Responses to Environmental Checklist For CEQA Compliance No Impact Implementation of the proposed project would not substantially reduce the habitat of fish or wildlife species, in that no fish, wildlife populations or cultural resources are known to exist on the project site. Additionally, it is unlikely that unknown cultural resources would be discovered on the project site as it has previously been developed. B. Does the project have impacts that are individually limited but cumulatively considerable? No Impact Implementation of the proposed project would not result in cumulative impacts to the environment. The proposed project would comply with the applicable requirements of the California Standards Building Code, conditions of approval and mitigation measures, which provide specific requirements that 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? No Impact Construction and operation of the proposed project would not involve any activities that would cause substantial adverse effects on human beings, either directly or indirectly. Mitigation measures have been identified to reduce potential impacts to the environment and human beings to a level considered less than significant. IXX. References City of Santa Ana Updated General Plan Land Use Element February 1998. City of Santa Ana Updated General Plan Land Use Element Environmental Impact, January, 1998, SCH 97071058 City of Santa Ana Zoning Ordinance, December 1998 City of Santa Ana Urban Design Element, July 6, 1998 City Santa Ana Local Register of Historic Structures National Register of Historic Structures Flood Insurance Rate Map Community Panel No. 06059C0259H City of Santa Ana Development Review Committee, August 2007 South Coast Air Quality Management District CEQA Air Quality Handbook, 1993 California Environmental Quality Act Statues and Guidelines, January 1999 Site Visit by Vince Fregoso, Principal Planner, May 2008 Integrated Waste Management Solid Waste Generation Rate 75C-108 15 r I ~'A Responses to Environmental Checklist For CEQA Compliance City of Santa Ana 2000 Urban Water Management Plan XX.PREPARERS Vince Fregoso, City of Santa Ana Principal Planner Lucy Linnaus. City of Santa Ana Senior Planner 75C-109 16 anf^ Responses to Environmental Checklist For CEQA Compliance TEMPLO CAL V ARlO ASSEMBLY OF GOD CHURCH ENVIRONMENTAL REVIEW NO. 2004-162 MITIGATION MEASURE AGENCY APPROVAL Prior to the issuance of the Certificate of Occupancy . The church shall prepare an operational plan that will Planning limit the use of ancillary uses and the fellowship hall to Division the hours the church sanctuary is not being utilized. . The applicant shall provide evidence of an agreement, in a form acceptable to the City Attorney of the City of Santa Ana, securing a minimum of 385 parking stalls from the Santa Ana Unified School District. . The applicant shall provide a parking management plan in a form acceptable to the Planning Manager of the City of Santa Ana, describing the manner in which pedestrian safety will be ensured from the off-site parking lots. . The parking facilities used to satisfy the parking requirements shall be improved to comply with applicable codes. 75C-110 anlA Responses to Environmental Checklist For CEQA Compliance Exhibit A Review of Proiect Alternatives The Mitigated Negative Declaration has reviewed and considered the impacts associated with the proposed project. All impacts associated with the church project have been adequately mitigated and are included within the mitigated negative declaration. Additionally, other alternatives to the project have been considered, including no project, a reduced project and alternative sites for the church. The no project alternative was not considered as it does not meet the project objectives, which is to provide a larger worship area for Templo Calvario, which is an expanding church operation. The reduced project, which consists of constructing a smaller sanctuary for the church, also does not meet the objectives for the project as the church needs to construct a 2,400 seat sanctuary to meet the needs of its growing congregation. Finally, alternative sites for the relocation of the church were also explored. These alternative sites were not feasible due to concerns with structural issues related to existing buildings, a lack of large sites and unavailability of viable sites to accommodate the church, and the need of the church to be located in the central area of the city to serve its members. 75C-111 2 m OCTA BOARD OF DIRECTORS Chris Norby Chairman Peter Bulfa Vice Cha/(man Jerry Amante Director PatnCla Bates D/(ector Art Brown Director BI/I Campbell Director Carolyn V Cavecche Director Richard Dixon Director Paut G. Glaab Director Cathy Green Director Allan Mansoor Director John Moorlach Director Janet Nguyen Director Curt Pnngle Director Miguel Pulido Director Mark Rosen Director Gregory T Winterbottom Director Cmdy Quon Governor's Ex-OffiCIO Member CHIEF EXECUTIVE OFFICE Arthur T Leahy Chief Executive Officer July 30, 2008 RECEIVED IJUL 3 1 2008 "fA ANA PLANNING DEPT Mr. Vince Fregoso, Principal Planner City of Santa Ana P.O. Box 1988, M-20 Santa Ana, CA 92702 Subject: Notice of Intent to Adopt a Mitigated Negative Declaration for the Templo Calvario Assembly of God Church Expansion Dear Mr. Fregoso: The Orange County Transportation Authority (aCTA) has reviewed the above referenced document. The following comments are provided for your consideration: · aCTA staff will need further clarification from Templo Calvaria staff as to the location of the aCTA right-of-way (ROW) referred to on Page 1 of 2 under "Description of Project" in the third paragraph. · Templo Calvario currently licenses a portion of aCTA's Pacific Electric ROW. Future licensing of adjacent aCTA ROW parcels will be considered on a month-to-month basis only. Permanent improvements, i.e. asphalt, concrete, etc. will not be considered for use on these parcels. If you have any questions or comments, please contact me by phone at (714) 560-5683 or by email atclarwood@octa.net. If you have any questions regarding Right-of-Way administration, please contact Bill Mock by phone at (714) 560-5737 or by email atwmock@octa.net. Sincerely, ~ Charles Larwoo Manager, Transportation Planning c: Bill Mock, aCTA O~j; ~nty .Jr':jswtation Authority 550 South Main Street / Po. 80I1~Qoalg1f Cjtfifomia 92863-1584/ (714) 560-0CTA (6282) ORDINANCE NO. NS-2777 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING SPECIFIC DEVELOPMENT NO. 82 (SD-82) AND REZONING THE PROPERTY LOCATED AT 2501 WEST FIFTH STREET LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 82 (SD-82) (AA NO. 2008- 06) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Applicant is requesting approval of the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162; Amendment Application No. 2008-06 rezoning the property from Light Industrial (M1) to Specific Development No. 82 (SD-82); Conditional Use Permit No. 2008-05 to operate a Church and ancillary church uses; Variance No. 2008-04 to reduce on-site parking and Site Plan Review No. 2008-02 for the property located at 2501 West Fifth Street. B. On August 25, 2008, the Planning Commission held a duly noticed public hearing and voted unanimously to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162. 2. Adopt an ordinance approving Amendment Application No. 2008-06 for Specific Development No. 82. 3. Adopt a resolution approving Conditional Use Permit No. 2008-05 as conditioned. 4. Adopt a resolution approving Variance No. 2008-04 as conditioned. 5. Adopt a resolution approving Site Plan Review No. 2008-02 as conditioned. C. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162; Amendment Application No. 2008- 06 rezoning the property from Light Industrial (M1) to Specific Development No. 82; Conditional Use Permit No. 2008-05 to operate a 75C-113 Church and ancillary church uses; Variance No. 2008-04 to reduce on-site parking and Site Plan Review No. 2008-02 came before the City Council of the City of Santa Ana for a public hearing October 6, 2008, and at that time the City Council considered all testimony, written and oral. D. Amendment Application No. 2008-06 has been filed with the City of Santa Ana to adopt Specific Development No. 82 (SD-82) and to rezone the property located at 2501 West Fifth Street from Light Industrial (M1) to Specific Development No. 82 (SD-82). (AA No. 2008-06) E. Specific Development No. 82 would allow all of the permitted and conditionally permitted uses currently found in the Light Industrial (M1) with churches and ancillary church uses as an additional conditionally permitted use. F. Amendment Application No. 2008-06 is consistent with the General Plan, including but not limited to its goals and policies: 1. Promote a balance of land uses to address basic community needs. Goal 1.0 of the Land Use Element of the General Plan. 2. Protect and enhance development sites and districts which are unique community assets that enhance the quality of life. Goal 4.0 of the Land Use Element of the General Plan. G. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the project at 2501 West Fifth Street is consistent with the purpose of the general plan. H. The City Council also adopts as findings all facts presented in the Requests for Council Action dated October 6, 2008 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2008-06 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. I. The resolution approving and adopting the amended Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 2004-162 which came before the City Council on October 6,2008. This ordinance incorporates by reference, as though fully set forth herein, that resolution and mitigated negative declaration and mitigation monitoring program. Section 2. The real property located at 2501 West Fifth Street is hereby reclassified from Light Industrial (M1) to Specific Development No. 82 (SD-82). (AA No. 2008-06) Amended Sectional District Map number 11-5-10 showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. 75C-114 Section 3. Specific Development No. 82 (SD-82) as set forth in Exhibit "B," attached hereto and incorporated as though fully set forth herein, is approved and adopted in its entirety. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _ day of ,2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Council members ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 75C-115 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75C-116 - 2-5-10, 35~ I I I~ + ] M1 10.S-1(} 1(}.5-1(} M1 I;' .... II FIRST EXHIBIT A M RI A, Rl LN Rl R2 R1 R1 R1 Rl Rl R1i M1 li~ R2 J 001 rTInl1l Rl J il7TH ST.) I I I AVE. + 15-s:iOl (14-5-101 + 1 r 2-5.1() I 12-5.1(} + 12-S-1(} o t-= en R2 ~ Rl '1~~.:,~ , Rl ~ I! Rl ~~;~ II Rl 'll::,1 i II Rl 13 II "' :C,",.:1E '[ GL~_i ~~ :; II Rl "-;2'jJ~lr ~I "HST R2 .1 u.~~. ,[ ~ C1 J!. C1 i2 __~SP.l i B~u 0 I~i[-J :;;~' ~1-R:ST~1~lEB' Rl i, ~, C2 '[~ ~ 0 a: R"~ 1.)< _ ~ SD-17 R2 R2 R2 ~ 2 P1 II: 3R w- - m ~2 i~0S;[ I~ R2 m~ ,r J'E:.:K:J C2'.' ~~ 1~10 -f----.- Zoning Disl..i<ls Al -B Cl Cl-MD C2 C3 C3-A C4 C5 CR GENERAL AGRICULTURAL PARKING MODIFICATION COMMUNITY COMMERCIAL COMMUNITY COMMERCIAL-MUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTISTS' VilLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL COMMERCIAL RESIDENTIAL Rl l~ IH ::> I Rl Rl lUIH ::>1 Rl eTH ST Rl P Rl -II-II ST. SECTIONAL DISTRICT MAP 11-5.10 ADOPTED BYTHE SANTA ANA CITY COUNCil, AUGUST 17. 1959 BY ORDINANCE NS-394 SCALE IN FEET PD PRD Rl R2 R3 R4 RE SD SP o 60- -6000 C-SM -F GC Ml M2 MO o -OZ P PCD SOUTH MAIN STREET COMMERCIAL DISTRICT FLOOR AREA RATIO GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE OVERLAY ZONE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT 1000 MINIMUM FRONTAGE MINIMUM LOT AREA PLANNED DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT SINGLE-FAMilY RESIDENCE TWO.FAMll Y RESIDENCE MULTIPLE-FAMilY RESIDENCE SUBURBAN APARTMENT RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN THIS MAP 1$ THE OFFICIAL SECTIONAL DISTRICT MAP OF THE CITY OF SANTA ANA AS AUTHORIZED BY CITY COUNCIL RESOLUTION NO_ 74-163, DATED 11-18-74, I HEREBY AITEST THAT THI$ MAP ISA TRUE COPY OFTHE ORIGINAl SECTIONAL DISTRICT MAP NO. 11-5-10. Signed_ JAY TREVINO EXECUTIVE DIRECTOR PlANNING !o BUILDING AGENCY 75C-117 EXHIBIT B TEMPLO CALVARIO ASSEMBLY OF GOD ~ecific Development Plan No. 82 (80-82) Section 1. Applicability of Ordinance The specific development zoning district for the Templo Calvario Assembly of God Church, as authorized by Chapter 41, Division 26, Sec. 41-593 et/seq. of the Santa Ana Municipal Code (SAMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles and sections of the SAMC shall apply unless expressly stated or superseded by this ordinance. Section 2. Purpose The Specific Development Plan No. 82 (SD-82) for Templo Calvario consists of standards and regulations established for the express purpose of protecting the health, safety and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of properties and encouraging orderly development of the property. Section 3. Uses Permitted 1. The permitted uses in the SD-82 District are the uses permitted in the Light Industrial (M1) zone as specified in SAMC section 41-472, as it may be amended from time to time. 2. The following uses are permitted when ancillary to any use permitted by section 3-1 or to any use permitted subject to a conditional use permit in Section 3-3: (a) The ancillary uses permitted in the Light Industrial (M1) zone as specified in SAMC section 41-472.1, as it may be amended from time to time. (b) Ancillary church uses. 3. The following uses may be permitted in the 80-82 district subject to the issuance of a conditional use permit: (a) The uses subject to a conditional use permit in the Light Industrial (M1) zone as specified in SAMC section 41-472.5, as it may be amended from time to time. 75C-118 (b) Churches. Section 4. Operational and Development Standards for Liaht Industrial Uses. The operational and development standards for the permitted and conditionally permitted Light Industrial Uses shall be consistent with the operational and development standards found in SAMC sections 41-473 through 41-481, as they may be amended from time to time. Section 5. Development Standards for churches and ancillary church uses 1. Walls and Screening. Any equipment, whether on the roof, side of building or ground, shall be screened. The method of screening shall be architecturally integrated with the building in terms of materials, color, shape and size. 2. Landscaping Standards. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping consistent with the existing landscape theme and existing improvements on- site. A six-inch raised concrete curb shall be required around all landscape planters unless approved by City Landscape Associate. (a) A landscaped area not less than 10 feet wide shall be maintained on the north (OCTA right-of-way) parking lot on Fairview Street. (b) All new landscaped planters and landscaped areas shall meet the commercial landscape planter standards. (c) Vine pockets shall be provided along the north (OCTA right-of-way) block wall every 15 feet. 3. Architectural and Design Features. (a) Exterior Materials: Changes to the exterior materials and finishes shall be submitted to the Planning Division for review and approval. The materials and finishes shall be consistent with those found on the site. (b) Trash Enclosures: Trash enclosures and similar ancillary structures are to match the texture, materials and color palette of the proposed buildings. (c) Lighting Standards/fixtures: A minimum of one-foot candle of light shall be provided throughout the parking area. Specifications of light standards/fixtures and photometries plan shall be submitted to the Planning Division for approval. 75C-119 KO- 9/25/08 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008-05 TO ALLOW A CHURCH; APPROVING VARIANCE NO. 2008-04 TO ALLOW A REDUCTION IN REQUIRED ON-SITE PARKING; AND SITE PLAN REVIEW NO. 2008-02 FOR THE PROPERTY LOCATED AT 2501 WEST FIFTH STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162; Amendment Application No. 2008-06 rezoning the property from Light Industrial (M1) to Specific Development No. 82 (SD-82); Conditional Use Permit No. 2008-05 to operate a Church and ancillary church uses; Variance No. 2008-04 to reduce on-site parking and Site Plan Review No. 2008-02 for the property located at 2501 West Fifth Street. B. On August 25, 2008, the Planning Commission held a duly noticed public hearing and voted unanimously to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004- 162. 2. Adopt an ordinance approving Amendment Application No. 2008-06 for Specific Development No. 82. 3. Adopt a resolution approving Conditional Use Permit No. 2008-05 as conditioned. 4. Adopt a resolution approving Variance No. 2008-04 as conditioned. 5. Adopt a resolution approving Site Plan Review No. 2008-02 as conditioned. c. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-162; Amendment Application No. 2008- 06 rezoning the property from Light Industrial (M1) to Specific Development No. 82; Conditional Use Permit No. 2008-05 to operate a Church and ancillary church uses; Variance No. 2008-04 to reduce on-site Resolution No. 2008- Page 1 of 12 75C-120 . parking and Site Plan Review No. 2008-02 came before the City Council of the City of Santa Ana for a public hearing October 6, 2008, and at that time the City Council considered all testimony, written and oral. D. Conditional Use Permit No. 2008-05 has been filed with the City of Santa Ana seeking to allow a church at the property located at 2501 West Fifth Street which is located in Specific Development District No. 82 (SD-82). E. Pursuant to Specific Development District No. 82 (SD-82) Section 3-3, a Conditional Use Permit is required for churches. F. Santa Ana Municipal Code Section 41-638 authorizes the City Council 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 expansion of the Templo Calvario Assembly of God Church, as conditioned, will allow the expansion of a religious facility that provides needed religious and benevolent services to the surrounding 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? Templo Calvario, as conditioned, will not be detrimental to persons residing or working in the area. A parking study has been provided that addresses the reduction in parking, with the peak parking demands on weekends when the surrounding buildings are closed. Any anticipated impacts to health, safety or welfare are sufficiently mitigated through the conditions of approval imposed on this project. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed church expansion, as conditioned, will not create any negative or detrimental impacts on the economic viability of the surrounding area. This use will provide a positive addition to the surrounding area and will complement and improve the economic viability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? Resolution No. 2008- Page 2 of 12 75C-121 - The proposed church will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code and all other provisions that regulate church uses. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed church expansion will not adversely affect the General Plan designation of Industrial (IND). The Specific Development Plan No. 82 district will continue to allow the existing industrial uses in addition to the church use. G. Variance No. 2008-04 has been filed with the City of Santa Ana seeking to grant a 352 space parking variance; reducing the 643 required on-site parking spaces to 291 parking spaces. H. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a variance upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Special circumstances are applicable to the subject site that necessitates a parking variance for the project. The subject site is an irregularly shaped lot that is bordered by a vacant right-of-way line. Due to the shape of the lot and the placement of the existing buildings, the applicant is unable to provide additional parking on the site. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The parking variance is necessary to preserve property rights as the owners will be rehabilitating an existing building and providing religious services to residents of the City as conditionally permitted by the zoning. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance for a reduction in parking will not be detrimental to surrounding properties as conditions of approval, such as a block wall and landscaping, are proposed to mitigate impacts to the residential uses to the north. As conditioned, the additional off-site parking spaces will minimize the impacts to surrounding properties. Resolution No. 2008- Page 3 of 12 75C-122 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as a goal of the General Plan is to promote a balance of land uses that address basic community needs. I. Section 41-593.5(c) of the Santa Ana Municipal Code requires a review of all plans within a specific development plan area to ensure the project is in conformity with the Specific Plan. 1. Site Plan Review No. 2008-02 came before the City Council of the City of Santa Ana on October 6, 2008. 2. After reviewing the plans for the proposed project, the City Council determines the project is in compliance with all applicable development standards outlined within the Specific Development Plan Number 82 (SD-82). Section 2. The City Council 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, Environmental Review No. 2004-162. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigation negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the 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. Section 3. The City Council after conducting the public hearing hereby approves: A. Conditional Use Permit No. 2008-05 as conditioned in Exhibit "A" attached hereto and incorporated herein. B. Variance No. 2008-04 as conditioned in Exhibit "B" attached hereto and incorporated herein. C. Site Plan Review No. 2008-02, as conditioned in Exhibit "C" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to the Request for City Council Action dated Resolution No. 2008- Page 4 of 12 75C-123 October 6, 2008 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. Section 4. This Resolution shall take effect thirty (30) days after its adoption by the City Council; provided however, that if Ordinance No. NS-2777 is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. ADOPTED this day of ,2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: K ylee O. Otto Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Resolution No. 2008- Page 5 of 12 75C-124 .. CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Patricia E. Healy Clerk of the Council City of Santa Ana Resolution No. 2008- Page 6 of 12 75C-125 - Conditions for Approval for Conditional Use Permit No. 2008-05 Conditional Use Permit No. 2008-05 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by the 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. Planninq Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 04-57. 2. Prior to issuance of a certificate of occupancy, the applicant shall prepare an operational plan that will limit the use of ancillary uses and the fellowship hall to the hours the church sanctuary is not being utilized. 3. Prior to issuance of a certificate of occupancy, the applicant shall provide evidence of an agreement, in a form acceptable to the City Attorney, securing parking stalls from the Santa Ana Unified School District. 4. Prior to issuance of a certificate of occupancy, the parking facilities to be used to satisfy the parking requirements shall be improved to comply with applicable codes. 5. The applicant is responsible for the removal of all graffiti on the premises. The graffiti shall be removed within 24 hours of occurrence. 6. In the event the SAUSD warehouse site is no longer available for church parking, replacement parking shall be secured within six months. The replacement parking shall be located within 500 feet of the church property. 7. Prior to issuance of a certificate of occupancy, the applicant and owners of the adjacent industrial buildings shall enter into an agreement to reserve a minimum of 12 parking spaces for use on Sunday by the industrial tenants. 8. After the issuance of a certificate of occupancy, quarterly meetings between the church, adjacent business operators and City shall be held to discuss and resolve issues related to the operation of the church. Exhibit A Resolution No. 2007- Page 7 of 12 75C-126 - B. Public Works Aaencv 1. Submit a copy of the lease agreement. 2. Revise the site plan to eliminate the proposed driveways on Fifth Street and Fairview Street; utilize the existing driveways, which will require an ingress-egress easement with the adjacent property. 3. Revise the site plan to depict and note the slurry seal (including crack repair as necessary) of Fifth Street along the project frontage. 4. Revise the site plan to note that a reciprocal drainage easement will be required to cover cross-lot drainage. 5. Revise the site plan to depict and note, if any, new points of connection for utility services required to service the site. 6. Revise the site plan to depict and note the reconstruction of the easternmost existing driveway to have the following minimum dimensions, W=A=28' and X=4'. 7. Revise the site plan to correct note #4 on sheet #A 1.2 to read "Driveway" instead of "H.C. Ramp". 8. Revise the site plan to depict the construction of sidewalk culverts to drain the site safely. Drainage routed to the street must be directed beneath to drain the sidewalk and through the curb. 9. Revise the site plan to note the installation of storm water inlets, with filters to remove hydrocarbons, sediment, and trash, before discharging into storm drain and/or street. This applies to the proposed parking lot area. 1 O. Submit a preliminary evaluation of the surface drainage showing the direction and means of the flow to the adjacent street and/or on/off-site storm drain facility. Include the estimated volumetric flow (Q) in each direction. 11 . Revise the site plan to incorporate construction of the proposed "Site Desion" Bmp's (such as walkways with open joints, sidewalks and parking lot aisles with minimum widths, draining sidewalks into adjacent landscaping, incorporating the landscape area into the drainage system, etc.) to minimize the impervious areas and to maximize permeability and natural areas per the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). 12. Revise the site plan to incorporate construction of any proposed 'Treatment Control" Bmp's using the Best Available Technology (such as biofilters, dry or wet detention basins, landscape detentions, wet ponds or wetlands, drainage inserts, filtration basins, etc.) and recommend sizing calculations near the pollutant source, so as to infiltrate and filter the pollutants of concern in post development run-off flow prior to its discharge Resolution No. 2008- Page 8 of 12 75C-127 - into any receiving body of water per the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). Resolution No. 2007- Page 9 of 12 75C-128 Conditions for Approval for Variance No. 2008-04 Variance No. 2008-04 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Plannina Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2004-57. 2. Prior to issuance of a certificate of occupancy, the applicant shall prepare an operational plan that will limit the use of ancillary uses and the fellowship hall to the hours the church sanctuary is not being utilized. 3. Prior to issuance of a certificate of occupancy, the applicant shall provide evidence of an agreement, in a form acceptable to the City Attorney, securing parking stalls from the Santa Ana Unified School District. 4. Prior to issuance of a certificate of occupancy, the parking facilities to be used to satisfy the parking requirements shall be improved to comply with applicable codes. 5. The applicant is responsible for the removal of all graffiti on the premises. The graffiti shall be removed within 24 hours of occurrence. 6. In the event the SAUSD warehouse site is no longer available for church parking, replacement parking shall be secured within six months. The replacement parking shall be located within 500 feet of the church property. 7. Prior to issuance of a certificate of occupancy, the applicant and owners of the adjacent industrial buildings shall enter into an agreement to reserve a minimum of 12 parking spaces for use on Sunday by the industrial tenants. 8. After the issuance of a certificate of occupancy, quarterly meetings between the church, adjacent business operators and City shall be held to discuss and resolve issues related to the operation of the church. Exhibit B Resolution No. 2008- Page 10 of 12 75C-129 Conditions for Approval for Conditional Use Permit No. 2008-02 Site Plan Review No. 2008-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards 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 site plan review. The applicant must remain in compliance with all conditions listed below throughout the life of the site plan review. Failure to comply with each and every condition may result in the revocation of the site plan review. A. Plannina Division 1. The project shall remain in compliance with Site Plan Review No. 2004- 57. Exhibit C Resolution No. 2007- Page 11 of 12 75C-130 -