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Home My WebLink About2010-24 (2)• RESOLUTION NO. 2010-24 ROH - 01/24/11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2010-24 AS CONDITIONED TO ALLOW A CHURCH IN THE SINGLE-FAMILY RESIDENTIAL (R1) ZONING DISTRICT AND VARIANCE NO. 2010-04 AS CONDITIONED TO ALLOW A STRUCTURE THAT EXCEEDS THE MAXIMUM HEIGHT LIMITS IN THE R1 ZONING DISTRICT FOR THE PROPERTY LOCATED AT 5321 WEST MCFADDEN AVENUE • 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. The applicant is requesting approval of Conditional Use Permit No. 2010- 24 to allow a church in the Single-Family Residential (R1) zoning district and Variance No. 2010-04 to allow a structure that exceeds the maximum height limits in the R1 zoning district for the property located at 5321 West McFadden Avenue. B. Conditional Use Permit No. 2010-24 and Variance No. 2010-04 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on January 24, 2011. C. Santa Ana Municipal Code Section 41-232.5(a) allows churches and accessory church buildings subject to the issuance of a conditional use permit in the R1 zoning district. D. Santa Ana Municipal Code Section 41-638(a)(1) authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 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 Calvary Lutheran Church currently provides services that contribute to the well being of the surrounding community. The proposed reconstruction of a building that was damaged by fire and its expansion will allow the church the ability to provide additional religious and services that will continue to benefit the community. As access to the site is from McFadden Avenue, a secondary arterial street, no neighborhood traffic impacts will be generated. Resolution No. 2010-24 Page 1 of 5 • 2. That the proposed use will 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 church and church expansion will not negatively impact residents or workers in the area since the church and related programs operate exclusively on a site that is surrounded by walls and fences. Further, the 109 parking spaces to be provided on the site will satisfy the parking requirements for all church operations and will not result in any impacts on the adjacent properties. 3. That the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area. The church expansion project will not adversely affect the economic viability of the area. The expansion project will result in a positive addition to the surrounding area and will complement and improve the economic viability of the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The Calvary Lutheran 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. That the proposed use will adversely affect the General Plan or any specific plan of the City. The proposed church use is consistent with the General Plan's Land Use Element policies to encourage the development of nonprofit facilities and services as well as promote uses that provide a positive contribution to neighborhood character and identity. E. Variance No. 2010-04 has been filed with the City of Santa Ana seeking to construct asixty-two (62) feet tall bell tower and steeple in the R1 zoning district. Santa Ana Municipal Code Section 41-233 establishes the maximum height of buildings to twenty-seven (27) feet and two (2) stories in height in the R1 zoning district. F. Santa Ana Municipal Code Section 41-638(a)(2) authorizes the Planning Commission 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 Resolution No. 2010-24 Page 2 of 5 • variance with the intent and purpose of the provisions of this chapter. Due to the unique location along a busy secondary arterial street and contextual setting immediately adjacent to similarly sized buildings, denial of the variance would deprive the property owner the privilege of utilizing the facility to its maximum potential and ensure the privileges for its patrons. Unlike traditional residential lots, the property is located along a major corridor and surrounded by uses and other buildings of similar use and scale. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance would allow the property owner the opportunity to install a church tower as found on similar architectural themed buildings and church structures in the immediate area. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The proposed church tower will be consistent with the modern gothic architectural theme and materials found on • the project site and nearby properties, The height and appearance of the tower will blend with the existing building and landscaping and will not be materially detrimental to the public welfare or injurious to surrounding property. The tower will be setback substantially from nearby properties and will not interfere with the safety of pedestrians or motorists entering or exiting the site. 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 the land use designation of Low Density Residential (LR-7) allows churches and accessory structures in the land use designation. G. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15061(b)(3). This general rule exemption applies to any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Environmental Review No. 2008-101 will be filed for this project. • Resolution No. 2010-24 Page 3 of 5 • Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves for the property located at 5321 West McFadden Avenue: 1. Conditional Use Permit No. 2010-24, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a church in the R1 zoning district. 2. Variance No. 2010-04, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a structure that exceeds the maximum height limits in the R1 zoning district ADOPTED this 24th day of January, 2011 by the following vote: AYES: Commissioners: Acosta, Alderete, Gartner, Mill, Nalle, Turner, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) • APPROVED AS TO FORM: Joseph Straka, City Attorney Ryan • Resolution Na. 2010-24 Page 4 of 5 • • • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2010-24 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 24, 2011. Date: i _. ~ Clerk of the Planning Co r~ii Sion City of Santa Ana Resolution No. 2010-24 Page 5 of 5 • EXHIBIT A Conditions for Approval for Conditional Use Permit No 2010-24 Conditional Use Permit No. 2010-24 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 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 improvements must conform to the Site Plan Review approval of DP No. 2008-34 and the staff report exhibits. 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 at this location is limited to a church and related activities. No thrift shop or full-time school may occur on the premises. 4. There shall be no more than 216 seats or occupancy of the church sanctuary at any time. 5. Landscaping, once installed, shall be maintained per the approved landscape plan. 6. Prior to issuance of a certificate of occupancy, the parking lot needs to be repaired and repaved per city standards. C, • EXHIBIT B Conditions for Approval for Variance No 2010-04 Variance No. 2010-04 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 rior 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 improvements must conform to the Site Plan Review approval of DP No. 2008-34 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning • Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. The use at this location is limited to a church and related activities. No thrift shop or full-time school may occur on the premises. 4. There shall be no more than 216 seats or occupancy of the church sanctuary at any time. 5. Landscaping, once installed, shall be maintained per the approved landscape plan. 6. Prior to issuance of a certificate of occupancy, the parking lot needs to be repaired and repaved per city standards. •