Public Hearing: The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. Legal notice was published in the OC Reporter on August 28, 2023 and notices were mailed on said date.
1. CONDITIONAL USE PERMIT NO. 2023-18 FOR THE PROPERTY LOCATED AT 2938 SOUTH DAIMLER STREET LOCATED WITHIN THE PROFESSIONAL (P) ZONING DISTRICT.
Project Applicant: Steven Lee (Applicant) on behalf of Anchor Stone Christian Church (Property Owner).
Proposed Project: The applicant is requesting approval of Conditional Use Permit No. 2023-18 to allow a church to occupy the existing office building.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), there is no environmental impact associated with this action.
Recommended Action:
Adopt a resolution denying Conditional Use Permit No. 2023-18.
Minutes: Commission had questions for staff, and applicant’s attorney, and architect.
Applicant, Steven Lee, spoke in favor of the project.
Resident, Scott Yilshen, spoke in favor of the project.
Resident, Michael Ellman, spoke in favor of the project.
Planning and Building Agency
Item # 1
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Planning Commission Staff Report
September 11, 2023
Topic: CUP No. 2023-18 – Anchor Stone Christian Church (2938 S. Daimler Street)
RECOMMENDED ACTION
Adopt a resolution denying Conditional Use Permit No. 2023-18.
EXECUTIVE SUMMARY
Steven Lee, representing Anchor Stone Christian Church (Applicant and Property Owner), is requesting approval of Conditional Use Permit (CUP) No. 2023-18 to allow the operation of a church located at 2938 South Daimler Street. The property is located within the Professional (P) zoning district and has a General Plan Land Use Designation of Industrial/Flex-Medium (Flex-3). Pursuant to Section 41-313.5(n) of the Santa Ana Municipal Code (SAMC), churches located in the P zoning district require approval of a CUP. Moreover, pursuant to SAMC Section 41-638(a)(1), the Planning Commission shall grant approval of a CUP only if all five of the specified findings of fact contained therein are satisfied. Due to the inability to satisfy all five findings of fact required by the SAMC, among which includes the subject property’s General Plan land use designation of Industrial/Flex-Medium (Flex-3) that does not allow community assembly uses such as the subject church, City staff is unable to make the findings supporting the approval of the application.
DISCUSSION
Project D
escription
The proposed church is located within a 5.43-acre site that contains an office complex with eighteen (18) buildings. The site is generally bounded by Deere Avenue to the east, Garry Avenue to the south, Pullman Street to the west, and Daimler Street to the north.
The church is proposing to occupy a 3,843 square-foot unit that is part of an existing 8,250-square-foot building . The project proposes to occupy aforementioned unit for worship services, religious education, and video production. Additionally, the project proposes to have summer bible school during one week of the summer . The proposed floorplan includes the lobby, social hall, auditorium, restrooms, meeting rooms, nursery to be used during worship services, and storage rooms . Proposed hours of operation would be Monday to Friday from 9:00 a.m. to 5:00 p.m. and Saturday from 10:00 a.m. to 7:00 p.m.; church services will be Sunday from 9:00 a.m. to 4:00 p.m.
Interior tenant improvements include demolition of nonbearing walls and construction of new interior partitions, construction of a stage for an auditorium, upgrades to the electrical
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wiring, new plumbing fixtures, new mechanical equipment, and fire sprinklers. There are no exterior changes proposed with the project.
Table 1: Project Location and Information
Item Information
Project Address & Council Ward 2938 South Daimler Street (Ward 6) Nearest Intersection Daimler Street & Garry Avenue
General Plan Designation Industrial/Flex-Medium (Flex-3) Zoning Designation Professional (P)
Surrounding Land Uses North Professional offices
East Professional offices
South Professional offices
West Professional offices
Property Size The entire office building complex is 5.43 acres, and the unit is 3,843 square feet.
Existing Site Development The site is developed with an 18-building office complex.
Use Permissions Allowed with approval of a CUP
Zoning Code Sections Affected Development Standards Section 41-314 – 41-319 Uses Section 41-313.5 (n)
Table 2: Development Standards
Standards Required by SAMC Provided
Building Height Maximum 35 Feet Complies; 25 Feet
Setbacks Minimum 15 Feet (Front) Complies; 81 Feet
Minimum 5 Feet (Side Interior) Complies; 200 Feet
Minimum 10 Feet (Rear) Complies; Over 200 Feet
Parking 1 space per 50 SF of floor area
without fixed seats
Does not comply; 34 spaces
Project Background
The project site was developed in 1978 with the existing office complex that encompasses eighteen (18) office buildings, on-site landscaping, and surface parking with a ratio of 3.8 parking spaces per 1,000 square feet of office space. The existing building is comprised of two units (2938 and 2932 South Daimler Street). The immediately adjacent unit at 2932 South Daimler Street is currently occupied by an office use. In May of 2023, the church applied for a certificate of occupancy for administrative office space, which a use allowed by right in the P zoning district.
Anchor Stone Christian Church currently operates at a separate location in the City of Irvine. On January 23, 2023, the applicant submitted a development proj ect application to the City for the change of use from office to a church. During the Development Review Project (DP) process, the Development Review Committee (DRC) identified that the proposed use was not consistent with the Industrial/Flex-Medium (Flex-3) General Plan land use designation.
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On February 21, 2023, staff and the applicant met to discuss the project, during which staff informed the applicant of the identified inconsistencies between the proposed use and the General Plan. As a result, the applicant was provided the option to withdraw the DP application or move forward with the CUP application without the supporting findings necessary in the approval of a CUP and the resulting denial recommendation. Following additional meetings between staff and the applicant so that the applicant could learn more about the site’s General Plan land use designation, on May 2, 2023, the applicant indicated intent to proceed with the subject application. The applicant subsequently submitted the CUP application on July 24, 2023.
Project Analysis
CUP requests are governed by Section 41-638 of the SAMC. CUPs may be granted when it can be shown that the proposed project will not adversely impact the community and General Plan. If these findings can be made, then it is appropriate to grant the CUP.
Conversely, the inability to make these findings results in a denial.
The proposed church, Anchor Stone Christian Church currently operates in the City of Irvine. The applicant’s request would allow the church to expand to the City of Santa Ana.
The church would occupy a 3,843 square-foot tenant space previously occupied by an office use. The project site is located within an integrated professional office complex that is approximately 0.54 miles (2,851 feet) from the nearest sensitive land use.
SAMC Section 41-638(a)(1) requires that all five of the specified findings of fact contained therein are satisfied before the Planning Commission may grant approval of a CUP, one of which is evaluating if the project will adversely affect the General Plan. T he subject site’s General Plan land use designation is Flex -3, which allows office/industrial flex spaces, research and development, and manufacturing corporate headquarters/campuses and does not permit community assembly uses such as churches as a permissible use.
Background on the General Plan
The General Plan Update (GPU) was adopted in April 2022 after a seven- year effort of extensive community participation. In the pursuit of updating the General Plan, a comprehensive and inclusive approach involving numerous engagement efforts and interactions with the community was taken. The initiative began with over 60 community meetings and workshops, where residents, business leaders, and community stakeholders provided perspectives for the future vision of the c ommunity, including its land use plan in the Land Use Element. Individual community workshops were organized for the Five Focus areas identified, attracting the participation of hundreds of individuals.
In addition, an online survey was circulated and received over 650 individual responses collecting input for the General Plan. The outreach effort also involved sending approximately 44,000 direct mailers to property owners and tenants in the Focus Areas, multilingual videos, and a dedicated webpage, providing ongoing updates on the process, 9/11/2023
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3 CUP No. 2023-18 – Anchor Stone Christian Church (2938 S. Daimler Street) September 11, 2023
related documents, and resources on Environmental Justice. Furthermore, engagement with the Planning Commission and City Council involved multiple study sessions and one- on-one meetings providing in- depth discussions and insights facilitating discussions at the municipal level and allowing for an informed and inclusive decision-making throughout the GPU process.
These engagement efforts resulted in the crafting of the land use plan within the Land Use Element that reflec ts the community’s visions for Santa Ana’s growth and development citywide. The updated Land Use Element of the General Plan reflects and sets the community’s land use and development policies and a vision for future development of the City. When considering projects of a discretionary nature, such as a CUP required for the proposed use, consistency with the General Plan must be established in order to satisfy the finding of fact that proposed uses will not have an adverse effect on the General Plan.
General Plan Land Use Designation
In reviewing the proposed discretionary approval request, staff evaluates the project against the five findings of fact codified in SAMC Section 41- 638(a)(1), including consistency with the General Plan. Requiring consistency of a CUP with a local jurisdiction’s general plan is well established by California case law . The California Supreme Court and Court of Appeal have consistently found that the discretionary approval of a CUP must be consistent with a general plan ( Neighborhood Action Group v. County of Calaveras, 156 Cal. App. 3d 1176, 1185 (1984)), and that the general plan is atop the hierarchy of local government land use law, acting as a constitution for all future developments. ( DeVita v. Cty. of Napa , 9 Cal. 4th 763, 773 (1995); citing Neighborhood Action Group, 156 Cal.App.3d at 1183.).
The General Plan Land Use Element land use designation describes the site’s Flex-3 and allowable uses are as follows:
The Industrial/Flex designation is intended t o provide context -appropriate development in areas with existing industrial uses. When adjacent to existing residential neighborhoods, this designation can provide a buffer between homes and traditional industrial uses. When adjacent to urban- scale mixed-use development, this designation is more free to emphasize significant employment opportunities.
Industrial/Flex allows for clean industrial uses that do not produce significant air pollutants, noise, or other nuisances typically associated with industri al uses, including office- industrial flex spaces, small -scale clean manufacturing, research and development and multilevel corporate offices, 9/11/2023
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commercial retail, artist galleries, craft maker spaces, and live- work units1.
Adaptive reuse of buildings to accommodate live-work units is encouraged.
Standalone residential is not permitted. Building form and height should reflect the existing context and, if inside a Focus Area, communicate the envisioned character for the area.
Based on the land use designation and development policies and allowable uses within the Flex-3 designation, the subject site is not suitable for the operation of community assembly, nor does it list community assembly -type uses as permissible under the land use designation. Conversely, land use designations such as General Commercial (GC) and its accompanying zoning districts allow for “retail and service establishments; recreational, cultural, and entertainment uses; business and professional offices; and vocational schools,” among which “recreational, cultural, and entertainment uses” provide for community assembly such as religious facilities.
General Plan Focus Area Designation
In addition, the subject site is part of one of the five Focus Areas adopted by the General Plan also known as 55 Freeway and Dyer Road Focus Area. The various land use designations within each Focus Area work together to ensure consistency and diversity of land uses achieving development policies to balance developing goals and la nd use consistencies within the City. The five Focus Areas were identified by the General Plan Advisory Committee and refined through a seven- year community engagement process as the areas of the City most suitable for new development. The five Focus Areas are geographically distributed throughout the City, and each allows the City to meet its diverse needs. The purpose and intent, specific objectives, and custom land uses for each focus area were defined to facilitate new types of urban development and fur ther embody the City’s core values.
The General Plan Land Use Element describes the purpose and intent of the 55 Freeway and Dyer Road Focus Area as follows:
The 55 Freeway and Dyer Road Focus Area will transition from a portion of the city that is almost exclusively focused on professional office jobs to one that supports a range of commercial, and industrial/flex development. The intent is to create opportunities for a truly urban lifestyle with easy access to Downtown Santa Ana, multiple transit options, and the new investments and amenities in adjacent communities.
The 55 Freeway and Dyer Road Focus Area contains three General Plan land use designations at four intensities. Among these is the Flex -3 designation, which provides for the following land uses: “Office/industrial flex spaces, [research and development
1 Table LU-A-1 in the Santa Ana General Plan Land Use Element does not permit live-work units in the Flex-3 designation within the 55 Freeway and Dyer Road Focus Area 9/11/2023
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facilities], clean manufacturing, corporate headquarters and campuses. Live- work units are not permitted.” The subject Focus Area contains various portions north of the project site, near the interchange of the 55 Freeway and Dyer Road, that are designated GC.
This GC land use designation would allow for findings to be made that the subject CUP application does not adversely affect the General Plan, while the subject site’s Flex -3 designation would render the Planning Commission unable to make this required consistency finding.
General Plan Goals and Policies
The subject project will not be consistent with the goals and policies of the General Plan, including those from the Land Use Element (LU) and the Economic Prosperity Element (EP). An analysis of these inconsistencies is provided in Table 3 below.
Table 3: Project Location and Information
General Plan Goal or Policy Analysis
LU-1.1, which encourages
compatibility between land uses to
enhance livability and promote healthy
lifestyles.
The introduction of a community assembly use and a Bible school to the existing office complex will generate noise, traffic and queuing, solid waste generation and circulation. Moreover, it will introduce assembly uses with youth services in close proximity to existing industrial uses in the area, counter to this General Plan policy.
Additionally, the Flex -3 land use designation allows future developments with clean industrial and office uses in accordance with Table LU -A-2, which specifies interim industrial flex uses .
Community assembly such as churches is not permitted.
Irreconcilable land use conflicts between a sensitive receptor such as the proposed church and its school operations will be generated if the subject application were approved with future industrial uses taking place in the land use designation of the Focus Area. The purpose of the land use plan of the Land Use Element is to prevent these irreconcilable land use conflicts from occurring in the future between sensitive receptors and surrounding industrial uses.
Lastly, the Flex -3 land use designation allows primarily office, industrial, clean manufacturing, research and development, and similarly-natured industrial/production-
oriented land uses and
does not allow community assembly such as churches. This land use principle of preventing inconsistent land uses from locating in the same areas is currently codified in the City’s Light and Heavy in dustrial (M1 and M2) zoning districts. The Flex -3 General Plan use designation points to the M1 land uses in Table LU-A-2 as examples of clean industrial uses commensurate with the General Plan land use designation, reaffirming this principle of not locating sensitive receptors such as community assembly uses within or in proximity to industrial areas of the City.
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General Plan Goal or Policy Analysis
LU-4.1, which supports complete
neighborhoods by encouraging a mix
of complimentary uses, community
services, and people places within a
walkable area.
The site is surrounded by professional and industrial uses, and the nearest residential community is approximately 0.3 miles away. As such, the introduction of a religious institution in this site would not be compatible with the surrounded uses and will not encourage development of place-making within a walkable area.
Moreover, as detailed above, the purpose of the land use plan of the Land Use Element is to prevent irreconcilable land use conflicts from occurring in the future between sensitive receptors and surrounding industrial uses. However, irreconcilable land use conflicts between a sensitive r
eceptor such as the proposed
church and its school operations will be generated if the subject application were approved with future industrial uses taking place in the land use designation of the Focus Area.
EP-1.9, which seeks to avoid potential
land u se conflicts by prohibiting the
location of sensitive receptors and
noxious land uses in close proximity.
Establishing uses such as community assembly, coupled with youth services and Bible school, would introduce sensitive receptors into an area that is mostly comprised of industrial and office uses and that is intended to transition to industrial uses over time, through implementation of the General Plan.
The purpose of the land use plan in the Land Use Element is to prevent these land use conflicts from taking place through goals, policies, and zoning practices designed to create “a physical environment that encourages healthy lifestyles, a planning process that ensures that health impacts are considered, and a community that actively pursues policies an
d practices that
improve the health of our residents,” as listed as an adopted Core Value of the Land Use Element. Approval of the subject
application would be contrary to the Land Use Element and this adopted Core Value.
EP-2.3, which encourages the
development of mutually beneficial
and complementary business clusters
within the community.
As promulgated by the adopted General Plan Land Use Element, introducing community assembly does not support the
development of mutually beneficial and complementary business clusters at the subject site.
To the contrary, it will create
irreconcilable conflicts by introducing a sensitive receptor within an area that is presently and continuing to transition to industrial uses. Approval of the requested application would lead to present and future land use conflicts stemming from noise, traffic , vibrations, queuing, solid waste generation, and circulation.
Moreover, community assembly uses are not listed as
permissible within the subject site’s General Plan land use designation, as the use is not considered among those that foster development of mutually beneficial and complementary business clusters within the community
. The land use would be
incompatible with surrounding uses and approval of the CUP would be contrary to the General Plan.
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Public Notification and Community Outreach
Public notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,0 00-foot notification radius map, and the site posting are provided in Exhibit 5. There are no established Neighborhood Associations in the vicinity as the property is surrounded by industrial and commercial uses within the 1,000-foot radius. At the time this report was printed, no issues of concern were raised regarding the proposed CUP.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Resolution
2. Vicinity Zoning and Aerial Map
3. Vicinity General Plan Land Use Designation Map
4. Full Project Plans
5. Copy of Public Notices
Submitted By:
Fernanda Arias, Assistant Planner I
Approved By:
Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency
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8 Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT
NO. 2023-18 AS CONDITIONED TO ALLOW ANCHOR STONE
CHRISTIAN CHURCH TO OPERATE AT 2938 SOUTH
DAIMLER 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. Property Owner Anchor Stone Christian Church (“Applicant”) is requesting approval of Conditional Use Permit (CUP) No. 2023 -18 to allow a church to operate at an existing office space located at 2938 South Daimler Street.
B. Pursuant to Section 41 -313.5(n) of the Santa Ana Municipal Code (SAMC), churches located in the P zoning district require approval of a CUP.
C. P ursuant to SAMC Section 41-638(a)(1), the Planning Commission shall grant approval of a CUP only if all five of the specified findings of fact contained therein are satisfied.
D. On January 23, 2023, the A pplicant submitted a development project application to the City for the change of use from office to a church. Following a thorough analyses during the Development Project Review (DP) process, the Development Review Committee (DRC) identified that the proposed use was not consistent and furthered conflicts negatively impacting enjoyment and uses of the property within the Industrial/Flex-Medium (Flex-3) General Plan land use designation.
E. Based on the project’s General Plan inconsistency, staff is unable to recommend approval of the Applicant’s request due to the inability to satisfy all five findings of fact required by the SAMC, among which includes the subject property’s General Plan land use designation of Industrial/Flex-Medium (Flex- 3) that does not allow community assembly uses such as the subject church.
F. Requiring consistency of a CUP with a local jurisdiction’s general plan is well established by California case law. The California Supreme Court and Court of Appeal have consistently found that the discretionary approval of a CUP must be consistent with a general plan ( Neighborhood Action Group v. County of Calaveras, 156 Cal. App. 3d 1176, 1185 (1984)), and that the general plan is atop the hierarchy of local government land use law, acting as a constitution for all future developments. (DeVita v. Cty. of Napa, 9 Cal. 4th 763, 773 (1995); citing Neighborhood Action Group, 156 Cal.App.3d at 1183.)
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G. On February 21, 2023, staff and the Applicant met to discuss the project, during which staff informed the Applicant of the identified inconsistencies between the proposed use and the General Plan. As a result, the Applicant was given the option to withdraw the DP application or move forward with the CUP application without the supporting findings necessary in the approval of a CUP and denial recommendation.
H. On May 2, 2023, the A pplicant indicated intent to proceed with the CUP application.
I. On July 24, 2023, the A pplicant submitted the CUP application proposing to convert an existing office space into a church.
J. On September 11, 2023, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2023-18.
K. 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 not been established . Specifically, Conditional Use Permit Finding 5 of Section 41 -638, as it relates to the proposed use adversely affecting the general plan of the city or any specific plan applicable to the area of the proposed use, is not met. Therefore, the finding for denial of CUP 2023- 18 is adopted as follows:
1. That the proposed use will adversely affect the general plan of the city or any specific plan applicable to the area of the proposed use.
The subject site has a General Plan land use designation of Industrial/Flex-Medium (Flex -3), which is intended to provide context-appropriate development in areas with existing industrial uses. Industrial/Flex allows for clean industrial uses that do not produce significant air pollutants, noise, or other nuisances typically associated with industrial uses, including office- industrial flex spaces, small-scale clean manufacturing, research and development and multilevel corporate offices, commercial retail, artist galleries, craft maker spaces, and live -work units.
Based on the land use designation, development policies and allowable uses within the Flex -3 designation, the subject site is not suitable for the operation of community assembly, nor does it list community assembly -type uses as permissible under the land use designation. Conversely, land use designations such as General Commercial (GC) and its accompanying zoning districts allow for “retail and service establishments; recreational, cultural, and entertainment uses; business and professional offices; and vocational schools,” among which “recreational, cultural, and entertainment uses” provide for community assembly such as religious facilities.
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In addition, the subject site is part of one of the five Focus Areas adopted by the General Plan also known as 55 Freeway and Dyer Road Focus Area. The various land use designations within each Focus Area work together to ensure consistency and diversity of land uses achieving development policies to balance developing goals and land use consistencies within the City. The five Focus Areas were identified by the General Plan Advisory Committee and refined through a seven -year community
engagement process as the areas of the City most suitable for new development. The five Focus Areas are geographically distributed throughout the City, and each allows the City to meet its diverse needs. The purpose and intent, s pecific objectives, and custom land uses for each focus area were defined to facilitate new types of urban development and further embody the City’s core values.
Furthermore, the 55 Freeway and Dyer Road Focus Area is intended to transition from an area t hat exclusively focused on professional office to an area that supports a range of commercial, and industrial/flex development. Moreover, the overall scale and experience of the focus area along the freeway and city boundary are intended to reflect an urban intensity and design, with inspiring building forms and public spaces. The industrial/flex land use designation is meant to promote large- scale office -industrial flex spaces, multilevel corporate offices, and research and development in creative buildings and spaces.
Additionally, t he subject project will not be consistent with the goals and policies of the General Plan, including those from the Land Use Element (LU) and the Economic Prosperity Element (EP). Specifically, policies 1.1 and 4.1 of the Land Use Element (LU) and policies 1.9 and 2.3 of the Economic Prosperity Element (EP).
Policy 1.1 of the LU encourages compatibility between land uses to enhance livability and promote healthy lifestyles. The introduction of a community assembly use and a B ible school to the existing office complex will generate noise, traffic and queuing, solid waste generation and circulation. Moreover, it will introduce assembly uses with youth services in close proximity to existing industrial uses in the area, counter to this General Plan policy. Additionally, the Flex-3 land use designation allows future developments with clean industrial and office uses in accordance with Table LU -A-2, which specifies interim industrial flex uses.
Community assembly such as churches is not permitted.
Irreconcilable land use conflicts between a sensitive receptor such as the proposed church and its school operations will be generated if the CUP application were approved with future industrial uses taking place in the land use designation of the 9/11/2023
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Focus Area. The purpose of the land use plan of the Land Use Element is to prevent these irreconcilable land use conflicts from occurring in the future between sensitive receptors and surrounding industrial uses. In addition, the Flex -3 land use designation allows primarily office, industrial, clean
manufacturing, research and development, and similarly-natured industrial/production-oriented land uses and does not allow community assembly such as churches. This land use principle of preventing inconsistent land uses from locating in the same areas is currently codified in the City’s Light and Heavy industrial (M1 and M2) zoning districts. The Flex -3 General Plan use designation points to the M1 land uses in Table LU -A-2 as examples of clean industria l uses commensurate with the General Plan land use designation, reaffirming this principle of not locating sensitive receptors such as community assembly uses within or in proximity to industrial areas of the City.
Policy 4.1 of the LU supports complete neighborhoods by encouraging a mix of complimentary uses, community services, and people places within a walkable area. The site is surrounded by professional and industrial uses, and the nearest residential community is approximately 0.3 miles away. As s uch, the introduction of a religious institution in this site would not be compatible with the surrounded uses and will not encourage development of place-making within a walkable area. Moreover, as detailed above, the purpose of the land use plan of the Land Use Element is to prevent irreconcilable land use conflicts from occurring in the future between sensitive receptors and surrounding industrial uses. However, irreconcilable land use conflicts between a sensitive receptor such as the proposed church and its school operations will be generated if the CUP application were approved with future industrial uses taking place in the land use designation of the Focus Area.
Policy 1.9 of the EP seeks to avoid potential land use conflicts by prohibiting the location of sensitive receptors and noxious land uses in close proximity. Establishing uses such as community assembly, coupled with youth services and Bible school, would introduce sensitive receptors into an area that is mostly comprised of industrial and of fice uses and that is intended to transition to industrial uses over time, through implementation of the General Plan. The purpose of the land use plan in the Land Use Element is to prevent these land use conflicts from taking place through goals, policies , and zoning practices designed to create “a physical environment that encourages healthy
lifestyles, a planning process that ensures that health impacts are considered, and a community that actively pursues policies and practices that improve the health of our residents,” as listed as 9/11/2023
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an adopted Core Value of the Land Use Element. Approval of the CUP application would be contrary to the Land Use Element and this adopted Core Value.
Policy 2.5 of the EP encourages the development of mutually beneficial and complementary business clusters within the community. As promulgated by the adopted General Plan Land Use Element, introducing community assembly does not support the development of mutually beneficial and complementary business clusters at the subject site. To the contrary, it will create irreconcilable conflicts by introducing a sensitive receptor within an area that is presently and continuing to transition to industrial uses. Approval of the requested application would lead to present and future land use conflicts stemming from noise, traffic, vibrations, queuing, solid waste generation, and circulation.
Moreover, community assembly uses are not listed as
permissible within the subject site’s General Plan land use designation, as the use is not considered among those that foster development of mutually beneficial and complementary business clusters within the community. The land use would be
incompatible with surrounding uses and approval of the CUP would be contrary to the General Plan.
Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, this project is exempt from further review under Section 15061(b)(4) of the CEQA Guidelines, as the Planning Commission has denied Conditional Use Permit No. 2023-18.
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 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.
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Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby denies Conditional Use Permit No. 2023-18 for the proposed church at 2938 South Daimler Street. The denial shall prohibit the church use at the subject site but leaves in effect the permitted office uses , allowed by right under SAMC Section 41- 313, subject to all applicable standards and regulations set forth in Chapter 41 of the Santa Ana Municipal Code. This decision is based upon the evidence submitted at the above- referenced hearing, including but not limited to: The Request for Planning Commission Action dated September 11, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.
ADOPTED this 11th day of September 2023 by the following vote.
Bao Pham
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Jose Montoya
Assistant Ci ty Attorney
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
9/11/2023
Planning Commission
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14 Resolution No. 2023-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Nuvia Ocampo, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 11, 2023.
Date:
Nuvia Ocampo
Planning Commission Secretary
9/11/2023
Planning Commission
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15 8/11/23, 11:55 AM .
https://apps.spatialstream.com/landvision/production/CurrentBuild/Html/printpreview.html 1/2 CUP No. 2023-18 for Anchor Stone Christian Church2938 S. Daimler Street Exhibit 2 - Vicinity Zoning and Aerial View
©2023DigitalMapProducts.Allrightsreserved.
Santa Ana Boundary
Zoning
365 feet
9/11/2023
Planning Commission
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16 Exhibit 3 - Vicinity General Plan Land Use Designation Map
General Plan Land Use Designation
Focus Area Outline
IND
FLEX-3
DC-2
SITE
CUP No. 2023-18 for Anchor Stone Christian Church
2938 S. Daimler Street
9/11/2023
Planning Commission
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17 Exhibit 4 - Full Project Plans
CUP No. 2023-18 for Anchor Stone Christian Church
2938 S. Daimler Street
PROJECT INFORMATIONCUP SHEET INDEX
SHEET
NUMBER SHEET NAME PROJECT SCOPE
A RENOVATION OF EXISTING
INTERIOR
SPACE TO CREATE AN
AUDITORIUM,
MEETING ROOMS, AND SUPPORT
SPACES FOR THE PURPOSE OF
RELIGIOUS ASSEMBLY
CITY OF SANTA ANA
CONDITIONAL USE PERMIT
(CUP)
A000-C COVER
A010-C
A011-C
A101-C
A111-C
MAPS
EXISTING SITE PLAN
FLOOR PLAN - LEVEL 1
EXISTING EXTERIOR
ELEVATIONS
1. PROJECT ADDRESS
2938 DAIMLER
STREET
SANTA ANA, CA 92705
2. ASSESSOR'S PARCEL
NUMBER
430-173-16
3. APPLICANT AND PROPERTY
OWNER
APPLICANT:STEVEN LEE
2938 DAIMLER
STREETSANTA ANA, CA
92705FOR:
PROPERTY OWNER:
ANCHOR STONE
CHRISTIAN
CHURCH
2938 DAIMLER STREET
SANTA ANA, CA 92705
ANCHOR STONE
CHRISTIAN CHURCH
4. REDVELOPMENT PROJECT
AREA
NOT APPLICABLE2938 DAIMLER STREET, SANTA ANA, CA 92705
5. CURRENT ZONING / GENERAL
PLAN
P / FLEX, INDUSTRIAL/FLEX
6. TOTAL LOT
SIZE EXISTING, NO
CHANGE
7. PROPOSED USE AND FLOOR
AREA
RELIGIOUS ASSEMBLY -
3,621SF
(NO CHANGE IN SF)8. OCCUPANCY: A-3 and
B TYPE OF CONSTRUCTION:
V-N
a. OCC A-3 AREA: 2,369.57 SF
b. OCC B AREA: 1,251.43 SF
9. OFF-SITE PARKING
DIV 7, SEC. 41-1411
1:50 SF NON-FIXED
SEATNG
3,179.57 / 50 =REQ'D PROVIDED
64 34
10. PARKING STALL
DIMENSIONS:
INTERIOR: 9'-0" X 17'-6"
EXT PERIMETER: 9'-0" X 20'-
0"
DRIVE AISLE: 23'-0"
A000-C COVER
2022-11-16 9:03:33 AM
9/11/2023
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18 9/11/2023
Planning Commission
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19 ANCHOR STONE PROJECT LOCATIONCHRISTIAN CHURCH
LOCATION MAP VICINITY MAP
A010-C MAPS2022-11-16 9:03:33 AM
9/11/2023
Planning Commission
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20 2938 DAIMLEREXISTING TRASHENCLOSURE
BUILDINGENTRANCE
EXISTINGDRIVEWAYEXISTINGDRIVEWAY
EXISTINGDRIVEWAY
Graphic Scale: 1 inch = 40 feet
0 40' 80' 120' 160'
A011-C EXISTING SITE PLAN2022-11-16 9:03:33 AM
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21 EXISTING OFFICE SPACENOT IN SCOPE OF WORK
BAPTISM POOL UP 2'-3 1/4"
A/V CLOSE
107
20'-1 1/2" OFFICE
112
AUDITORIUM
102
CONFERENCE
11118.03 SF 158.51 SF1281.51 SF 195.02 SF
MEN'S TOILET
121155.56 SF
HALLWAY
117
OFFICE
113113.14 SF 103.72 SF17'-11 1/2" 5'-0"
WOMEN'S TOILET
122 MEETING
114
CONSTRUCTION LEGEND
11'-0 1/2" 6'-0 1/4" 161.06 SF.UP 128.63 SF EXISTING ELEMENTS TO REMAINOR
BREAK AREA
116
SOUND
104 118.89 SF49.32 SFNURSERY NEW ELEMENTS TO BE CONSTRUCTEDSTORAGE 123
105 STORAGE
106
JAN
109
92.71 SF 19.85 SF26.43 SF 23.44 SF LOBBY SOCIAL HALL
115101
151.38 SF 411.13 SFPASTOR OFFICE
103
ELEC/IT108 139.82 SF37.06 SF N
0' 4' 8' 16' 32'
A101-C FLOOR PLAN - LEVEL 1 2022-11-16 9:03:33 AM
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22 CUP APPLICATION LIMIT
SOUTH ELEVATION NORTH ELEVATION (NOT IN CUP APPLICATION LIMIT)CUP APPLICATION LIMIT
CUP APPLICATION LIMIT
W EST ELEVATION EAST ELEVATIONA111-C EXISTING EXTERIORELEVATIONS 9/11/2023
Planning Commission
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23 This space for filing stamp only
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701
Telephone (714) 543-2027 / Fax (714) 542-6841
NUVIA OCAMPO
OR#: 3734817CITY OF SANTA ANA/PLANNING & BUILDING AGEN
20 CIVIC CENTER PLAZA 2ND FLR
SANTA ANA, CA - 92702
NOTICE OF PUBLIC HEARING
BEFORE THE SANTA ANA PLANNING
COMMISSION
The City of Santa Ana encourages the
public to participate in the decision-
making process. We encourage you to
contact us prior to the Public Hearing if
you have any questions .
Planning Commission Action: The
Planning Commission will hold
Hearing to receive public testimony, and
will take action on the item described
below. Decision on this matter will be final
unless appealed within 10 calendar days
of the decision by any interested party or
group.
a Public
P ROOF OF P UBLICATION
(2015.5 C.C.P.)
Project Location: 2938 South Daimler
Street located within the Professional (P)
zoning district.State of Ca lifornia
County of ORANGE
)
) ss Project Applicant: Steven Lee
(Applicant) on behalf of Anchor Stone
Christian Church (Property Owner)
Proposed Project: The applicant is
requesting approval of Conditional Use
Permit No. 2023-18 to allow a church to
occupy the existing office building.
Notice Type: GPN - GOVT PUBLIC NOTICE
Environmental Impact: Pursuant to the
California Environmental Quality Act
(CEQA), there is no environmental
impact associated with this action.
Ad Description:
2938 S Daimler
Meeting Details:This matter will be heard
on Monday, September 11, 2023 at 5:30
p.m. in the City Council Chambers, 22
Civic Center Plaza, Santa Ana, CA 92701.
Members of the public may attend this
meeting in person or join via Zoom. For
the most up-to-date information on how to
participate virtually in this meeting, please
visit https://www.santa-ana.org/planning-
and-building-meeting-participation/.
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 06/20/1922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
Written Comments: If you are unable to
participate in the meeting, you may send
written
[email protected]
(reference the Agenda Item
comments by e-mail to
# in the
subject line) or mail to Nuvia Ocampo,
Recording Secretary, City of Santa Ana,
20 Civic Center Plaza – M20, Santa Ana,
CA 92701. Deadline to submit written
comments is 4:00 p.m. on the day of the
meeting. Comments received after the
deadline may not be distributed to the
Commission but will be made part of the
record.
Where To Get More Information:
Additional details regarding the proposed
action(s), including the full text of the
discretionary item, may be found on the
City website 72 hours prior to the public09/01/2023
hearing at: https://santa-
ana.primegov.com/public/portal.
Who To Contact For Questions: Should
you have any questions, please contact
Fernanda Arias with the Planning and
Building Agency at [email protected]
or (714) 667-2792.
Note: If you challenge the decision on the
above matter, you may be limited to
raising only those issues you or someone
else raised at the public hearing
described in this notice, or in written
correspondence delivered to the Planning
Commission or City Council of the City of
Santa Ana at, or prior to, the public
hearing.
Executed on:
At Los Angeles, Ca lifornia
09/01/2023
I ce rtify (or declare) under pe na lty of perjury that the foregoing is true and correct.
Si tiene preguntas en español, favor de
llamar a Nuvia Ocampo (714) 667-2732.
N ế u c ầ n liên l ạ c b ằ ng ti ế ng Vi ệ t,
xin đi ệ n tho ạ i cho Tony Lai s ố (714)
565-2627.
9/1/23
OR-3734817#
Signature
!A000006398994!
Email
9/11/2023
Planning Commission
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24 CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba
NOTICE OF PUBLIC HEARING
BEFORE THE SANTA ANA PLANNING COMMISSION
The City of Santa Ana encourages the public to participate in the decision-making process. This notice is being sent to those who live or own property within 1000 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions.
Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group.
Project Location: 2938 South Daimler Street located within the Professional (P) zoning district.
Project Applicant: Steven Lee (Applicant) on behalf of Anchor Stone Christian Church (Property Owner)
Proposed Project: The applicant is requesting approval of Conditional Use Permit No. 2023-18 to allow a church to occupy the existing office building.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), there is no environmental impact associated with this action.
Meeting Details: This matter will be heard on Monday, September 11, 2023 at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or join via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning-and-building- meeting-participation/.
Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the Agenda Item # in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record.
Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at:
https://santa-ana.primegov.com/public/portal.
Who To Contact For Questions: Should you have any questions, please contact Fernanda Arias with the Planning and Building Agency at [email protected] or (714) 667-2792.
Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence 9/11/2023
Planning Commission
1 –
25 delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing.
Si tiene preguntas en español, favor de llamar a Nuvia Ocampo (714) 667-2732.
Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. 1000’ RADIUS NOTIFICATION MAP
9/11/2023
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26