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HomeMy WebLinkAboutReso25-20_2938 S Daimler StResolution No. 2025-20 Page 1 of 9 RESOLUTION NO. 2025-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2025-15 AS CONDITIONED TO ALLOW AN ASSEMBLY USE LOCATED AT 2938 SOUTH DAIMLER STREET (APN: 430-173-16) BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. Steven Lee, representing Anchor Stone Christian Church (“Applicant” and “Property Owner”), is requesting approval of Conditional Use Permit (CUP) No. 2025-15 to allow the operation of an assembly use at 2938 South Daimler Street (“Project”); B. Pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-313.5(n), a Conditional Use Permit is required for churches in the Professional (P) zoning district within the City of Santa Ana; C. On January 23, 2023, the Applicant submitted a Development Project Review (DP) application to the City for the change of use from office to a church; D. On July 24, 2023, the Applicant submitted CUP No. 2023-18 requesting approval of the church use; E. On September 11, 2023, the Planning Commission held a public hearing for CUP No. 2023-18 and voted 6:1 to deny the CUP request; F. On September 14, 2023, the Applicant submitted Appeal Application No. 2023-07, appealing the Planning Commission’s determination; G. On November 21, 2023, the City Council held a public hearing for Appeal Application No. 2023-07 and voted to uphold the decision of the Planning Commission to deny CUP No. 2023-18; H. On July 1, 2025, Applicant submitted materials required for the resubmission of their application for the Project; I. On July 14, 2025, the Planning Commission held a duly noticed public for the Project; J. The Planning Commission determines that the following findings, which must be established in order to grant this CUP pursuant to SAMC Section 41-638, have been established for CUP No. 2025-15 to allow a new church within the P zoning district as follows: Resolution No. 2025-20 Page 2 of 9 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The proposed use will contribute to the general well-being of the community by establishing a new church in the City. The church will provide a place for fellowship, community gatherings, mentorship, and spiritual support for residents and visitors of the nearby vicinity. Additionally, the proposed church will provide a community use that will foster the well- being of the surrounding community. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed church at this location would not be detrimental to persons residing or working in the area as the subject site is located within a professional office and light industrial area and not immediately adjacent to residential uses. The nearest residential property is 2,066 feet (0.39 miles) from the subject site. In addition, the primary use of the church during weekends and weeknights will not conflict with surrounding professional office and light industrial uses which typically operate weekdays during the day. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed church would be compatible with the surrounding area and will not adversely affect the economic viability in the area. The proposed use would occupy a space that has been used as an office and thus increase the activity in this professional and industrial corridor by providing an additional service for business owners, workers, and residents. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The use will comply with all regulations and conditions identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The proposed church will occupy an existing office building. There are no proposed exterior modifications to the site. In addition, the subject property will provide sufficient parking for the church and adjacent office uses and is not anticipated to impact the surrounding area. Resolution No. 2025-20 Page 3 of 9 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The proposed church will not adversely affect the General Plan, as the granting of the CUP would be consistent with various goals and policies of the General Plan. The approval of the proposed Project will be consistent with the General Plan land use designation of Industrial/Flex (Flex-3), which is intended to act as a buffer between industrial and residential land uses. The proposed church use surrounded by office land uses would continue to act as a buffer as the city transitions into the industrial land uses located towards the south of the City. Furthermore, approval of this application would be consistent with several goals and policies of the General Plan, specifically Goals 2 and 4 of the Land Use (LU) Element as discussed below. Goal LU-2 seeks to provide a balance of land uses that meet Santa Ana’s diverse needs. Moreover, Policy LU-2.3 seeks to provide a diversity of land uses that support residents, visitors, and businesses, such as areas for community gatherings. The proposed Project will provide a religious congregation where the community can gather during hours of operation and/or during special events. Goal LU-4 supports a sustainable City through improvements to the built environment and a culture of collaboration. Policy LU-4.1, promotes complete neighborhoods by encouraging a mix of complementary uses, community services, and people places within a walkable area. As proposed, the Project will promote a complete neighborhood by providing religious congregation uses to the surrounding office and industrial business within the vicinity. The church will act as an added service for the neighboring properties and nearby neighborhoods. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). The Class 1 exemption applies to the permitting, leasing, licensing, or minor alteration of existing private structures, facilities, or mechanical equipment, involving negligible or no expansion of existing or former use. Based on this analysis, a Notice of Exemption, Environmental Review No. 2025-54, will be filed for this Project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such Resolution No. 2025-20 Page 4 of 9 other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2025-15, as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to, the Request for Planning Commission Action dated July 14, 2025, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2025-20 Page 5 of 9 ADOPTED this 14th day of July 2025 by the following vote. _____________________ Jennifer Oliva Chairperson APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Melissa M. Crosthwaite Senior Assistant City Attorney AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Christopher Leo, Bao Pham, Jennifer Oliva, Isuri Ramos, Alan Woo (7) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Resolution No. 2025-20 Page 6 of 9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Gema Zapien, Acting Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2025-20 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 14, 2025. Date: ________________ ____________________________________ Gema Zapien Acting Recording Secretary City of Santa Ana 07/14/2025 Resolution No. 2025-20 Page 7 of 9 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2025-15 Conditional Use Permit No. 2025-15 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. Except as otherwise provided, the Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site and building improvements must conform to any required plan check and permit requirements of the City and any other partner or contracted regulatory agencies. 2. Any proposed amendment to this CUP must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. Prior to the issuance of any building permits, the Applicant shall submit a landscape and irrigation plan for the entire site to the Planning Division for review and approval. The landscape and irrigation shall comply with the zoning district's landscape standards, the Water Efficient Landscape Ordinance (WELO), and the Citywide Design Guidelines. 4. All landscaping shall be installed per the approved landscape and irrigation plan. In addition, all landscaping shall be evergreen, be required to be maintained throughout the lifetime of the CUP, and shall be required to be maintained in a healthy manner. Moreover, any unhealthy or dead landscaping shall be required to be removed and replaced in-kind. 5. Prior to issuance of any building permits, the Applicant shall submit a parking management plan (PMP) to the Planning Division for review, which must be approved prior to issuance of a certificate of occupancy. The PMP shall detail management strategies for special events (e.g., weddings, funeral services, baptism, and other events not regularly scheduled) to minimize potential parking and circulation impacts onto surrounding properties and City roadways. 6. Violations of the Conditional Use Permit as contained in Section 41-647.5 of the Santa Ana Municipal Code will be grounds for permit suspension and/or revocation as described in Section 41-651 of the Santa Ana Municipal Code. Resolution No. 2025-20 Page 8 of 9 7. The business shall post in a conspicuous location at the entry to the building the contact information for the responsible onsite manager, including full name, phone number, and emergency or backup phone number, in case of noise and related operational complaints. 8. Site illumination levels must remain in compliance with Section 8-211 (Special Commercial Building Provisions) of the Santa Ana Municipal Code at all times. 9. Site exterior noise levels must remain in compliance with Section 18-312 (Exterior Noise Standards) of the Santa Ana Municipal Code at all times. 10. At any time that vehicle stacking extends beyond the entrance to the site, the owner/operator shall provide field staff as reasonably required to expedite/facilitate site circulation, assist with onsite parking, and prevent vehicles from blocking onsite parking spaces, drive aisles, sidewalks and bicycle lanes, and/or queuing onto public roadways. A stacking plan illustrating vehicle stacking management in parking areas shall be reviewed and approved by Planning Staff and shall be posted and maintained onsite. 11. Copies of all required entitlements shall be kept at the business at all times and be made available to any City official upon request. 12. Subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney, to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a Property Maintenance Agreement. The Agreement shall be recorded against the property by the City and shall be in a form reasonably satisfactory to the City Attorney. The executed Agreement must be submitted to the Planning Division by the Applicant within 90 days of the approval of this Resolution. The agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including, but not limited to, hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; Resolution No. 2025-20 Page 9 of 9 d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including, but not limited to, controls on the proliferation of trash and debris on or about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the Agreement and both shall be jointly and severally liable for compliance with its terms; f. The Agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the Agreement; g. The Agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City; and h. The execution and recordation of the Agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement.