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HomeMy WebLinkAbout2005-07 RESOLUTION NO. 2005-07 KO - 03/07/05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2005-01 AS CONDITIONED AND MINOR EXCEPTION NO. 2005-01 AS CONDITIONED TO ALLOW A CHURCH IN THE TWO-FAMILY RESIDENCE (R2) ZONING DISTRICT AT 1201 WEST SECOND STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Conditional Use Permit No. 2005-01 and Minor Exception No. 2005-01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on February 28, 2005. B. Applicant is requesting approval of Conditional Use Permit No. 2005-01 to allow a church in the Two-Family Residence (R2) zoning district at 1201 West Second Street C. Pursuant to Santa Ana Municipal Code Section, churches are permitted in the R2 district with a Conditional Use Permit. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed church facility, as conditioned, will contribute to the general well being of the neighborhood and the community by providing religious and educational services that enhance the local community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health., safety, or general welfare of persons residing or working in the vicinity? The proposed church will not be detrimental to the general • welfare and safety of the surrounding businesses and residents. The proposed church is in compliance with Resolution No. 2005-07 Page 1 of 5 • Chapter 41 of the Santa Ana Municipal Code with respect to parking, setbacks and landscaping. Additionally, mitigation measures have been incorporated to minimize the potential impacts generated from the proposed project. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed church will provide an additional service to the surrounding commercial and residential uses within the vicinity. The City's zoning code allows the church use in the Two-Family Residence (R2) zoning district with a conditional use permit. The church facility will provide services that compliment the surrounding residential neighborhood. As conditioned, the use should enhance rather than adversely affect economic development or stability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use will be in compliance with the applicable sections of Chapter 41 of the Municipal Code with an • approved conditional use permit for the proposed church facility. Additionally, the proposed church facility will be in compliance with the mitigation measures identified in the Negative Declaration. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed church is in an area designated Low Density Residential, seven dwelling units per acre (LR7) in the General Plan. The use is consistent with the General Plan and zoning district that allows a church facility. D. Applicant has requested a Minor Exception No. 2005-01 to allow off-site parking on a lot across the street at 1137 West Second Street. E. Santa Ana Municipal Code Section 41-638.1 permits a minor exception may be granted for a parking area that is immediately across a street. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a minor exception upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or • surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at Resolution No. 2005-07 Page 2 of 5 minor exception with the intent and purpose of the provisions of this Chapter. There are special circumstances to the subject property. The subject property contains two sites. Site 1 is located on the northwest corner of Second and Baker Streets and Site 2 is located across Baker Street on the northeast corner of Baker and Second Streets. Sufficient parking will be provided on both Site 1 and Site 2 for the proposed church use. Additionally, a covenant is required to be recorded to restrict the use of the parking lot on Site 2 for the church only. 2. That the granting of a minor exception is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the minor exception is necessary to develop the property with a parking lot ancillary to the church use across the street so that sufficient parking will be provided for the church. 3. That the granting of a minor exception will not be materially detrimental to the public welfare or injurious to surrounding • property. The granting of the minor exception will not be materially detrimental to the public welfare or injurious to surrounding property because the proposed parking lot complies with all development standards set forth in Chapter 41 of the Santa Ana Municipal Code including setbacks and landscaping. 4. That the granting of a minor exception will not adversely affect the General Plan of the City. The granting of the minor exception will not adversely affect the General Plan of the City since the proposed parking lot is designed in conformance with the Professional zoning district development standards and General Plan requirements. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program prepared with respect to this Project. The Planning Commission has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigation • negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Resolution No. 2005-07 Page 3 of 5 • Planning Commission finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The Planning Commission hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the Planning Commission has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2005-01 as conditioned in Exhibit "A" attached hereto and incorporated herein and Minor Exception No. 2005-01 as conditioned in Exhibit "B" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Planning Commission Action dated February 28, 2005 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28h day of February, 2005 by the following vote: AYES: Commissioners: De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Cribb (1) ABSTENTIONS: Commissioners: None (0) i Resolution No. 2005-07 Page 4 of 5 • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney _.._ r~~ 13y: '~ ~ ~ ~'°~ Kylee O. O Assistant arty Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY r: I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2005-07 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 28, 2005. Date: ~"~~~ _Q Pla Wing Commis ' Secret City of Santa Ana Resolution No. 2005-07 Page 5 of 5 Conditions for Approval for Conditional Use Permit No. 2005-01 Conditional Use Permit No. 2005-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rim or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 2002-93. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be • amended. 3. The use of the property is limited to a church and related parish buildings and activities. No thrift shops, food distribution programs, full-time parochial school, nor rehabilitation programming may occur on the premises. 4. Prior to issuance of Certificate of Occupancy, a covenant to tie the parking lot use at 1137 West Second Street with the church across the street at 1201 West Second Street shall be recorded. 5. The starting and ending times of church services should be spaced at least one hour to minimize the overlap of departing attendees and arriving attendees. 6. Prior to issuance of building permits, the landscape plans shall be revised to reflect 24-inch boxed size trees and 5-gallon shrubs for all required plants of this project. 7. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. EXHIBIT "A" Page 1 of 3 :] CJ 8. Public payphones, if provided, may only be located within buildings or in the interior of the site. Mitigation Measures 9. During construction, the contractor would be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans for the proposed project shall reflect the appropriate notes. 10. All materials excavated or graded will be sufficiently watered to prevent excessive amount of dust. 11. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 12. Streets surrounding the project site should be cleaned at the end of each day of construction. 13. All materials transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 14. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. 15. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 16. To the extent feasible, gasoline powered equipment shall be used for on- site and off-site construction activities. 17. Prior to the issuance of grading permit, the applicant shall submit for review and approval a surface drainage/grading plan/erosion control plan, prepared by a registered Civil Engineer, showing the direction and means of flow to adjacent streets. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. 18. Prior to issuance of demolition permits, a remediation plan shall be prepared and approved by the City of Santa Ana to remove asbestos containing building materials. 19. The removal of asbestos containing building materials shall be conducted by a state licensed contractor. EXHIBIT "A" Page 2 of 3 • 20. Prior to issuance of a grading permit, the project applicant shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit, which includes a copy of the project permit number and two copies of the storm Water Pollution Prevention Plan. 21. Prior to issuance of a grading permit, the applicant shall prepare an NPDES post-construction storm water management plan per Orange County Drainage Area Management Plan (DAMP) that includes all structural and non-structural Best Management Practices. a. Submit and have approved a surface drainage/utility plan that includes all Structural Best Management Practices. b. Provide two copies of the Water Quality Management plan that includes a description of all applicable Structural and Non- structural Best Management Practices, which may apply to this project. 22. Prior to issuance of building permits, the applicant shall prepare a surface water runoff study to show existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. 23. Grading plans and building plans for the proposed project shall note that construction activities on the project site shall be limited to the hours of 7:00 a.m. to 8:00 p.m. Monday through Friday, 8:00 a.m. to 8:00 p.m. on Saturdays and not permitted on Sundays or federal holidays. B. Police Department All structures and parking lot must conform to the provisions of Chapter 8, Article II Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. i EXHIBIT "A" Page3of3 • Conditions for Approval for Minor Exception No. 2005-01 Minor Exception No. 2005-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this minor exception. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the minor exception. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 2002-93. 2. Any amendment to this minor exception must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to issuance of Certificate of Occupancy, a covenant to tie the parking lot use at 1137 West Second Street with the church across the street at 1201 West Second Street shall be recorded. 4. The starting and ending times of church services should be spaced at least one hour to minimize the overlap of departing attendees and arriving attendees. 5. Prior to issuance of building permits, the landscape plans shall be revised to reflect 24-inch boxed size trees and 5-gallon shrubs for all required plants of this project. 6. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. Mitigation Measures 7. During construction, the contractor would be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans for the proposed project shall reflect the appropriate notes. EXHIBIT "B" Page 1 of 3 8. All materials excavated or graded will be sufficiently watered to prevent excessive amount of dust. 9. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 10. Streets surrounding the project site should be cleaned at the end of each day of construction. 11. All materials transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 12. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. 13. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 14. To the extent feasible, gasoline powered equipment shall be used for on- site and off-site construction activities. 15. Prior to the issuance of grading permit, the applicant shall submit for S review and approval a surface drainage/grading plan/erosion control plan, prepared by a registered Civil Engineer, showing the direction and means of flow to adjacent streets. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. 16. Prior to issuance of demolition permits, a remediation plan shall be prepared and approved by the City of Santa Ana to remove asbestos containing building materials. 17. The removal of asbestos containing building materials shall be conducted by a state licensed contractor. 18. Prior to issuance of a grading permit, the project applicant shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit, which includes a copy of the project permit number and two copies of the storm Water Pollution Prevention Plan. 19. Prior to issuance of a grading permit, the applicant shall prepare an NPDES post-construction storm water management plan per Orange County Drainage Area Management Plan (DAMP) that includes all structural and non-structural Best Management Practices. EXHIBIT "B" Page 2 of 3 • a. Submit and have approved a surface drainage/utility plan that includes all Structural Best Management Practices. b. Provide two copies of the Water Quality Management plan that includes a description of all applicable Structural and Non- structural Best Management Practices, which may apply to this project. 20. Prior to issuance of building permits, the applicant shall prepare a surface water runoff study to show existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. 21. Grading plans and building plans for the proposed project shall note that construction activities on the project site shall be limited to the hours of 7:00 a.m. to 8:00 p.m. Monday through Friday, 8:00 a.m. to 8:00 p.m. on Saturdays and not permitted on Sundays or federal holidays. B. Police Department 1. All structures and parking lot must conform to the provisions of Chapter 8, Article II Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's • lighting, door/window devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. EXHIBIT "B" Page 3 of 3