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RESOLUTION NO. 2013-12
ROH - 08/26/13
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING: CONDITIONAL
USE PERMIT NO. 2013-26 AS CONDITIONED TO ALLOW
A TEMPLE IN THE SINGLE-FAMILY RESIDENTIAL (R1)
ZONING DISTRICT, VARIANCE NO. 2013-09(A) AS
CONDITIONED TO ALLOW A REDUCTION IN PARKING,
AND VARIANCE NO. 2013-09(B) AS CONDITIONED TO
EXCEED THE ALLOWABLE BUILDING HEIGHT FOR THE
PROPERTY LOCATED AT 803 SOUTH SULLIVAN
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. The applicant is requesting approval of Conditional Use Permit No. 2013-
• 26 to allow a temple in the Single-Family Residential (R1) zoning district,
Variance No. 2013-09(a) to allow a reduction in parking, and Variance No.
2013-09(b) to exceed the allowable building height for the property located
at 803 South Sullivan Street.
B. Conditional Use Permit No. 2013-26, Variance No. 2013-09(a}, and
Variance No. 2013-09(b) came before the Planning Commission of the
City of Santa Ana for a duly noticed public hearing on August 26, 2013.
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 Bat Nha Buddhist Meditation Center is currently located
on the premises and provides services that contribute to the
wellbeing of the surrounding community. The proposed
expansion of the existing facility will allow the center the
• ability to provide additional religious services that will
continue to benefit the community. The mitigated negative
declaration that was prepared for the project has determined
Resolution No. 2013-12
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that no adverse impacts will be generated from the
expanded facility.
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 proposed expansion of the Bat Nha Buddhist Meditation
Center will not negatively impact residents or workers in the
area since the church and related programs will operate
exclusively on a site that is surrounded by walls and fences.
Conditions of approval have been incorporated into the
project approvals that will minimize impacts to the surrounding
properties. Further, the 115 parking spaces to be provided on
the site, in conjunction with an off-site parking agreement with
the Santa Ana Unified School District, will satisfy the parking
requirements for all center operations and will not result in any
impacts on the adjacent properties. Finally, no adverse health
or safety impacts were identified in the mitigated negative
declaration for the project.
3. That the proposed use will adversely affect the present economic
stability or future economic development of properties surrounding
the area.
• The 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
as the new development will identify the area as a stable
area for economic investment.
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use.
The proposed Bat Nha Buddhist Meditation Center project
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, with the exception of
parking and height. The applicant has applied for the
necessary variances to allow off-site parking and to allow the
structure to exceed the maximum allowable height.
5. That the proposed use will adversely affect the General Plan or any
specific plan of the City.
The proposed use will not adversely affect the General Plan.
The Bat Nha Buddhist Meditation Center is consistent with
the General Plan's Land Use Element goals and policies.
• Goal 1 promotes a balance of land uses to address basic
community needs and Goal 3 promotes development that
Resolution No. 20]3-12
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• preserves and improves the character and integrity of
neighborhoods. Further, the project is consistent with Policy
1.8 to encourage the development of nonprofit facilities and
services as well as Policy 3.1 to promote uses that provide a
positive contribution to neighborhood character and identity.
E. Variance No. 2013-09(a) has been filed with the City of Santa Ana seeking
to allow an eight (8) space (seven percent (7%)) reduction in parking.
Santa Ana Municipal Code Section 41-1411 requires a minimum of 123
parking spaces for this project, while the applicant proposes to provide 115
parking spaces.
F. Variance No. 2013-09(b) has been filed with the City of Santa Ana seeking
to construct atwo-story meditation center with the primary roof element at
thirty-eight (38) feet in height, and steeples and other defining features a
maximum of forty-eight (48) feet in height 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.
G. 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
variance with the intent and purpose of the provisions of this
chapter.
The project site contains a special circumstance related to its
size, shape and location. Due to the unique location along a
secondary arterial street, 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. To address the parking shortage, the applicant
is entering into a long term agreement with the Santa Ana
Unified School District (SAUSD) to allow nearby off-site
parking. Further, due to the project's location on a
secondary street, architectural elements that exceed the
maximum allowable height are needed to allow the applicant
the ability to construct a project that is in conformance with
the architectural style for a Buddhist meditation center.
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 is necessary for the
• preservation and enjoyment of substantial property rights.
The granting of the variance would allow the property owner
Resolution No. 2013-12
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• the opportunity to construct a meditation center with less
than required parking and with roof elements that are found
on similar architectural themed buildings and church
structures in the City.
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 will not be detrimental to the
public or surrounding properties as the building and site
have been designed to comply with all applicable
development standards except for parking and height. The
proposed off-site parking agreement with the SAUSD will
provide additional parking that exceeds the minimum
required for the center. Further, off-site improvements are
required that address disabled accessibility issues from the
school parking lot to the site. The proposed roof elements
will be consistent with the architectural theme and materials
found on similar projects in the City. The height and
appearance of the roof elements will blend with the existing
buildings and will not be materially detrimental to the public
welfare or injurious to surrounding property. The taller roof
elements 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.
Finally, the project will not adversely affect the 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.
H. As part of the City's permitting process, the proposed project is required to
undergo an environmental review in accordance with the California Environmental
Quality Act (CEQA). In accordance with CEQA, the recommended actions have been
reviewed through a Mitigated Negative Declaration (MND), Environmental Review No.
2012-3. Section 15063 of the State CEQA Guidelines and Sections 15070-15075 of
Article 6 guide the process for the preparation of a mitigated negative declaration.
As a result of the environmental analysis, mitigation measures have been
provided to address potential environmental impacts. A list of these mitigation
measures are found within the MND document. Mitigation measures have been
outlined to address potential impacts on air quality, biological resources, cultural
resources, geology/soils, greenhouse gas emissions, hazards and hazardous materials,
hydrology, noise and transportation/traffic.
Resolution No. 2013-12
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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. 2013-26, as conditioned in Exhibit "A"
attached hereto and incorporated herein, to allow a temple in the R1
zoning district.
2. Variance No. 2013-09(a), as conditioned in Exhibit "B" attached
hereto and incorporated herein, to allow a reduction in parking.
3. Variance No. 2013-09(b), as conditioned in Exhibit "B" attached
hereto and incorporated herein, to exceed the allowable building height.
These decisions are based upon the evidence submitted at the
above said hearing, which includes, but is not limited to: the Request for Planning
Commission Action dated August 26, 2013, and exhibits attached thereto; and the
public testimony, all of which are incorporated herein by this reference.
ADOPTED this 26th day of August 2013 by the following vote:
AYES: Commissioners: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle,
• Yrarrazaval (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
None (0) ~,
None
•
Resolution No. 2013-12
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
•
•
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2013-12 to be the original resolution adopted by
the Planning Commission of the City of Santa Ana on August 26, 2013
Date: rd_
l ~ J?/'~z-..
Secretary of the Planm ommi ~ n
City of Santa Ana
Resolution No. 2013-12
Page 6 of ] 0
• EXHIBIT A
Conditions for Approval for Conditional Use Permit No 2013-26
Conditional Use Permit No. 2013-26 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.
The applicant must comply in full with each and every condition listed below rior 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. 2011-32 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 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 4,025 square feet of the meditation center
devoted to assembly area at any time.
5. Landscaping, once installed, shall be maintained per the approved
landscape plan.
6. The site occupant shall be responsible for maintaining the premises free
from graffiti, including the side of the buildings adjacent to the railroad
tracks. All graffiti shall be removed within 24 hours.
7. The Bat Nha Buddhist Meditation Center shall provide a point of contact to
the City, adjacent church pastors, and other concerned citizens. The point
of contact shall be located on the premise and is responsible for
responding to neighborhood concerns.
8. There shall be no amplification devises, including but not limited to
• speakers, permitted on the exterior of the building.
Resolution No. 2013-12
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• AUGUST 26, 2013
PAGE 2 OF 2
9. A parking agreement shall be secured with the Santa Ana Unified School
District (SAUSD) for use of the Lincoln Elementary School parking lot.
10. Prior to submittal into building plan check, the plans shall note that the
minimum stucco aggregate of 20/30 shall be utilized on the exterior of the
building and that no foam will be used as a trim material.
B. Police Department
1. The underground parking area shall be secured with an access control
gate.
2. The underground podium parking stairwells shall be open to the interior of
the parking area.
3. A detailed Special Event Parking Plan shall be submitted prior to the
commencement of any special event on the premises. The Plan shall
include details including, but not limited to, the dates of the event, the
• hours of operation, the anticipated occupancy of the event, the location of
all off-site parking areas, and the types of transportation to be used
to/from the event
•
Resolution No. 20]3-12
Page 8 of 10
• EXHIBIT B
Conditions for Approval for Variance No 2013-09
Should the Planning Commission approve Variance No. 2013-09 the approval is 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.
The applicant must comply in full with each and every condition listed below np 'or 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. Planninca Division
1. All proposed improvements must conform to the Site Plan Review
approval of DP No. 2011-32 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 4,025 square feet of the meditation center
devoted to assembly area at any time.
5. Landscaping, once installed, shall be maintained per the approved
landscape plan.
6. The site occupant shall be responsible for maintaining the premises free
from graffiti, including the side of the buildings adjacent to the railroad
tracks. All graffiti shall be removed within 24 hours.
7. The Bat Nha Buddhist Meditation Center shall provide a point of contact to
the City, adjacent church pastors, and other concerned citizens. The point
of contact shall be located on the premise and is responsible for
responding to neighborhood concerns.
8. There shall be no amplification devises, including but not limited to
speakers, permitted on the exterior of the building.
Resolution No. 2013-12
Pale 9 of 10
• AUGUST 26, 2013
PAGE 2 OF 2
9. A parking agreement shall be secured with the Santa Ana Unified School
District (SAUSD) for use of the Lincoln Elementary School parking lot.
10. Prior to submittal into building plan check, the plans shall note that the
minimum stucco aggregate of 20/30 shall be utilized on the exterior of the
building and that no foam will be used as a trim material.
B. Police Department
1. The underground parking area shall be secured with an access control
gate.
2. The underground podium parking stairwells shall be open to the interior of
the parking area.
3. A detailed Special Event Parking Plan shall be submitted prior to the
commencement of any special event on the premises. The Plan shall
include details including, but not limited to, the dates of the event, the
• hours of operation, the anticipated occupancy of the event, the location of
all off-site parking areas, and the types of transportation to be used
to/from the event.
C
Resolution No. 2013-12
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