Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
Exhibit 6 – Response to Appeal Comments
Appeal Application No. 2025-02
Pursuant to Section 41-645 of the SAMC, the appellant is requesting the following:
1. Vacate the Planning Commission’s approval of CUP No. 1982-18-MOD-1;
2. Remand consideration of CUP No. 1982-18-MOD-1 back to Planning Commission;
3. Conduct at minimum an Initial Study as part of CEQA analysis that accompanies re-consideration of CUP No. 1982-18-MOD-1 by the Planning Commission; and
4. Demonstrate that the project is compatible with neighborhood context, if it cannot demonstrate compatibility, deny the project.
The appellant does not provide any evidence to substantiate that the proposed project would adversely impact the community, pursuant to Section 41 -638 of the SAMC.
Specifically, the appellant does not provide evidence that the project will be a detriment to the general wellbeing of the neighborhood or the community; detrimental to the health, safety, or general welfare of persons residing or working in the vicinity; would adversely affect the present economic stability or future economic development of property in the surrounding area; does not comply with the regulations and conditions specified in this chapter for such use; and would adversely affect the general plan of the city or any specific plan applicable to the area of the proposed use. Nevertheless, a comprehensive response on the appeal items previously outlined has been prepared. All the appellant comments listed below have been summarized for brevity; however, the full comments can be viewed in Exhibit 1 of the full appeal application packet.
Analysis of Appeal
1. Appellant Request : The following procedural deficiencies materially limited the ability of affected residents to participate meaningfully in the public review and hearing process, result in an incomplete an imbalanced record prior to approval.
The list of procedural deficiencies includes notice irregularities, limited access time for public review, unsolicited purchase offer to the only R -1 residence sharing a direct boundary with the applicant’s institutional property, complexity of materials and burden shift to the public, mischaracterization of the Trust property’s proximity and impact, omission of multi -institutional corridor context, lack of existing classroom and enrollment baseline data, inadequate consideration of land use changes, omission of dual use impact on adjacent residential property, failure to include enrollment growth enforcement measures, failure to disclose commercial event use within the corridor, limited public participation at the hearing, imbalanced hearing structure and limited opposition time, and predetermined outcome.
Analysis of Issue:
Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
Exhibit 6 – Response to Appeal Comments
Notice Irregularities – The public notice contained all the necessary information that is legally required as it followed the City’s standard template for all public notices. The legally required information on the public notice served its intended purpose as the appellant was able to attend and participate during the Planning Commission public hearing that took place on October 27, 2025. A Copy of the public notice is attached to Exhi bit 3 of Appeal Application No. 2025- 02. The appellant’s claim states that the public notice hearing received was addressed to the occupant of the property and it referenced CUP No. 2025-21, rather than CUP No. 1982-18-MOD-1, which contributed to the appellant disregarding the notice.
The information listed on the envelope used a number initially assigned to the submitted CUP application that is used internally for land use management and permit record purposes. Additionally, the information referenced on t he envelope is used for mailing purposes only. Public notices are mailed out to property owners and occupants/tenants. .
Limited Access Time for Public Review – The agenda packet for the proposed project was posted in accordance with all applicable laws. Furthermore, the public was afforded 72 hours to access and review the public hearing agenda for the Planning Commission meeting that took place on October 27, 2025 pursuant to Section 2- 150
of the Santa Ana Municipal Code (SAMC) and California
Government Code Section 65090. The notice included the project address, the project’s applicant and property owner names, a brief project description, the environmental impact determination, the public hearing meeting details, information regarding where to submit written comments for the project, and the contact information for the case planner who assist s with project specific related questions.
Unsolicited Purchase Offer to The Only R -1 Residence Sharing A Direct Boundary with The Applicant’s Institutional Property – The City bears no responsibility for the applicant’s decision or actions in presenting a cash offer to purchase the property. This matter constitutes a private civil dispute between the respective property owners.
Complexity of Materials and Burden Shift to The Public – The documents presented for the proposed school expansion at 5311 W. McFadden Avenue are consistent with the materials presented for any project of similar complexity and included a staff report, Planning Commission resolution, vicinity zoning and aerial map, site photos, site plan, floor plan, elevations, focused traffic study, parking Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
Exhibit 6 – Response to Appeal Comments
demand analysis, and a copy of the public notices. Moreover , City staff prepared and presented a PowerPoint presentation that provided a clear and concise summary of the documents referenced above. The presentation was intended to assist the Planning Commissioners and members of the public in understanding the project by simplifying complex and highly technical information into a more accessible and digestible format for individuals who are not subject matter experts.
Consistent with practice with all commissions and City Council meetings, City staff made themselves available for questions at the end of the oral presentation that took place during the public hearing meeting. Furthermore , in attempt to answer the public comments received, the Planning Commissioners asked City staff clarifying questions specific to the CEQA analysis, traffic and parking impacts, and cumulative impacts of the project. A copy of the staff presentation is attached as Exhibit B at the end of the of this response to appeal comments.
Mischaracterization of The Trust Property’s Proximity and Impact – Page two of the Planning Commission staff report (Exhibit 3 to the February 3, 2026 City Council staff report) includes Table 1 below illustrating the surrounding land uses, as shown below, the single- family residence is noted to exist on the west side of the proposed project. (The single-family residence is highlighted for clari ty in this exhibit.)
Table 1
Item Information
Project Address & Council
Ward
5311 West McFadden Avenue (Ward 1)
Nearest Intersection Euclid Street and McFadden Avenue
General Plan Designation Low Density Residential (LR-7) Zoning Designation Single-family Residence (R1)
Surrounding Land Uses North Wintersburg Channel and Single-Family Residences
East Commercial Center and Cultural Center
South Church and Catholic Grade School
West Church and Single-family Residences
Property Size 1.7 acres (74,188 sq. ft.)
Existing Site Development The site is developed with a school building and a church building.
Use Permissions Allowed with approval of a CUP
Zoning Code Sections Affected Development Standards Section 41-367 through 41-372 Uses Section 41-232.5(a)
Moreover, the staff presentation provided during the public hearing that took place on October 27, 2025 included slide three, outlining surrounding land uses and an aerial view of the project site. The proximity to residential land uses was not Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
Exhibit 6 – Response to Appeal Comments
misrepresented, as it was noted to be adjac ent to the project site. In addition, conditions of approval were incorporated in the resolution to mitigate potential traffic, parking, and noise concerns.
Omission of Multi-Institutional Corridor Context – As stated on pages four and five of the Planning Commission staff report (Exhibit 3 to February 3, 2026 City Council staff report), the proposed project is located within an existing church and school campus surrounded by a commercial center and a cultural center to the east and two churches and a Catholic Grade School to the southwest. Additionally, the focus parking study included a parking and access agreement between 5311 W. McFadden Avenue and 5305 W. McFadden Avenue. The shared access between these properties further relieves any potential parking and traffic impacts imposed by the proposed project.
Lack of Existing Classroom and Enrollment Baseline Data – As stated on page five of the Planning Commission staff report (Exhibit 3 to the February 3, 2026 City Council staff report ), the current student enrollment is 180 students and the proposed addition is expected to increase enrollment to 195 students, representing an eight-percent increase in enrollment. Additionally, as part of the recommended approval, staff included a condition of approval capping the student enrollment at 195, requiring a submittal of an application to the Planning Division for review should the applicant wish to amend the CUP, and a potential revocation of the CUP if the applicant fails to comply with all the conditions o f approval listed in Exhibit 1 – Resolution for CUP No. 1982-18-MOD-1.
Inadequate Consideration of Land Use Changes – The proposed project does not involve a change in land use. The proposed project site is currently developed and occupied by a school and a church. The project proposes the construction of a new two- story building on a portion of the site that is presently paved with no specific use nor purpose. Potential traffic and parking impacts associated with the project were evaluated as part of the development project review conducted prior to the project’s consideration by the Planning Commission for review and approval.
Omission of Dual Use Impact on Adjacent Residential Property – As stated on pages five and six of the Planning Commission staff report (Exhibit 3 to the February 3, 2026 City Council staff report), the proposed project is not intended to change operational standards. The school is currently using the playground as a Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
Exhibit 6 – Response to Appeal Comments
playground during school hours, and that same space is used as a parking lot when the school is not in hours of operation.
Failure to Include Enrollment Growth Enforcement Measures – On page 8 of the Planning Commission Resolution for CUP No. 1982- 18-MOD-1, include condition of approval number five (5), which caps the student enrollment at 195 students (Exhibit 3 to the February 3, 2026 City Council staff report).
Failure to Disclose Commercial Event Use Within the Corridor – As evaluated on page three of the Planning Commission staff report (Exhibit 3 to the February 3, 2026 City Council staff report), the church and the school have separate hours of operation. Illustrated in Table 2 below are the hours of operation for the existing school:
Table 2
Hours of Operation Type of Use
Monday through Friday 8:00 a.m. to 4:00 p.m. School’s administrative offices Monday through Friday 8:00 a.m. to 3:15 p.m. Regular school hours (Pre-K to Eighth Grade) Monday through Friday 3:30 p.m. to 5:30 p.m. Afterschool activities (i.e., sports and enrichment activities) and aftercare
The regular school year begins the third week of August and ends the following year in June. In addition to the regular school year, the school offers summer camp that operates from July to August for approximately one month for reduced hours, for children between pre- kindergarten and fifth grade. The introduction of the middle school will allow students in sixth and seventh grade to attend summer camp operations as well. The private school’s curriculum requires students in fifth through eighth grades to attend one religion class per week at the church located on the same campus. These classes will be scheduled exclusively during regular school hours as outlined and will not overlap with the church’s worship services or special events.
The church will continue to operate during its normal hours, including weeknights, Sundays, and holidays. As such, school operations will not interfere with church operations and will not generate conflicts in scheduling or use of facilities.
Moreover, the designated pick -up and drop- off area for pre- kindergarten and kindergarten students is located on the adjacent property at 5305 W. McFadden Avenue (APN: 108-073-16), which is occupied by the Harut Barsamian Armenian Center. As documented in the Focused Traffic Impact Report that was prepared Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
Exhibit 6 – Response to Appeal Comments
for the project, the church and school campus maintain a shared access agreement with the Armenian Center that allows use of the site for student pick-up and drop- off operations. The shared access agreement optimizes on- site circulation, distributes vehicle activity between two access points, and minimizes queuing along McFadden Avenue. The pick -up and drop- off operations do not interfere with the Armenian Center’s hours of operation, as the center primarily operates during evening hours and weekends when school -related traffic is not present.
Limited Public Participation at The Hearing and Imbalanced Hearing Structure and Limited Opposition Time – The Planning Commission public hearing that took place on October 27, 2025 pursuant to Section 2-150 of the Santa
Ana Municipal Code (SAMC) and California Government Code Section 65090 .
Moreover, the appellant submitted a written public comment that was distributed to the Planning Commission members for consideration and was provided the standard three (3) minutes to share public comment in real time during the public hearing. The timed public comment and structure of the meeting complied with all aspects of Brown Act.
The court case Ribakoff v. City of Long Beach, et al established that three (3) minutes is a reasonable time for public comment while additional time can be allotted to staff, the applicant, and other subject matter experts to present and answer project related matters.
Predetermined Outcome – The appellant has provided no substantive proof or evidence beyond this statement that the outcome of the Planning Commission’s consideration was predetermined. All staff reports and exhibits presented to the Planning Commission and/or City Council are thoroughly reviewed by City staff prior to making a recommendation. The proposed project underwent a development project review application, where various relevant elements were reviewed prior to staff recommending approval of the project. When staff determines a project has complied with all applicable codes (i.e. , zoning code, development standards, California building code, CEQA and CEQA Guidelines, Orange County Fire Authority regulations, etc.) the staff report is drafted with the approval recommendation for the Commission to review. As such, the CEQA determination was included as part of the staff report recommending that the Planning Commission approve the project to ensure that if the voting body votes to approve a project, the project can demonstrate that it was thoroughly reviewed.
Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
Exhibit 6 – Response to Appeal Comments
2. Appellant Request: CEQA Misapplication and Class 14 Inapplicability.
Analysis of Issue:
As of January 6, 2026, t he California Department of Education (CDE) lists the
status of the Ari Guiragos Minassian Armenian School as active. Additionally, the status of the school on the CDE directory is not relevant to the CEQA determination for the project.
Section 15314 (Class 14) of the CEQA Guidel ines consists of minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25 percent or ten classrooms, whichever is less. As stated in the staff report, the proposed addition will increase the student capacity eight percent, which is significantly less than 25 percent, and it only proposes to add four classrooms and one laboratory.
When a CEQA exemption is identified and can be applied to a proposed project, additional environmental review is not necessary. The proposed project qualified for a Class 14 exemption, pursuant to the CEQA guidelines, which exempted the project from further environmental review. Moreover, pursuant to Section 15300.2 (a) through (f) of the CEQA guidelines, exceptions to the CEQA exemptions do not apply to the proposed project because the project is not located on an environmentally sensitive location nor on a hazardous waste site, does not have significant cumulative impact nor significant effect according to the focused traffic study and parking demand analysis documents that are part of the Planning Commission staff report (Exhibit 3 to the February 3, 2026 City Council staff report), and it will not cause substantial adverse change of a historical resource.
Nevertheless, the applicant prepared focused traffic studies and parking management plans to identify any potential negative impacts of the proposed project. The technical studies did not identify negative impacts that would hinder the proj ect from operating. On the contrary, the studies identified mitigation measures to prevent potential traffic and parking impacts to the neighboring properties.
As stated on pages five and six of the Planning Commission staff report (Exhibit 3 to the February 3, 2026 City Council staff report), the school would continue to Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
Exhibit 6 – Response to Appeal Comments
operate during the same business hours, stagger recess times for students to mitigate noise concerns, and stagger pick -up and drop- off times to mitigate potential traffic impacts on McFadden Avenue and Euclid Street.
3. Appellant Request: Multi-institutional Corridor Conditions and Impacts
Analysis of Issue:
The project property currently operates as an integrated church and school campus since 1982. Additionally, the project property maintains a shared access and parking agreement with the property located at 5305 W. McFadden Avenue to mitigate potential traffic impacts along McFadden Avenue. The project site also has an emergency access agreement with the property located at 5321 W.
McFadden Avenue. However, the access agreement is only used for emergencies.
The sites do not shared traffic circulation during regular business operations.
Pedestrian and vehicle access for all sites along McFadden Avenue, including 5311, 5315, 5305, and 5321 W. McFadden Avenue is limited to all the driveways and sidewalks located along McFadden Avenue. No vehicles nor pedestrians can access the previously mentioned addresses from Tampion Avenue.
Moreover, as stated in the staff report, the addition of the new school building is only anticipated to increase student enrollment by approximately 15 students. The current operations of the school and the church will remain the same. As demonstrated by the focused traffic analysis and the parking management plan, the addition to the school will not introduce cumulative impacts to the surrounding residential land uses.
4. Appellant Request: Improper Use of CUP Modification Process
Analysis of Issue:
The appellant claims that the City’s decis ion to process the application as a modification rather than a new application limited the review of the proposed project. However, the process for new conditional use permit applications and modifications to existing entitlements are treated equally and are required to establish the findings in Section 41-638
of the SAMC. Additionally, as stated on
recital number E on the first page of the resolution for the Planning Commission Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
Exhibit 6 – Response to Appeal Comments
staff report (Exhibit 3 to the February 3, 2026 City Council staff report), the project underwent a development project review application where City staff conducted a thorough review of the project. The review consisted of reviewing updated architectural plans, focus traffic studies which involved the new integration of the seventh and eighth grades, updated parking management plan to account for the increase of 1 5 students, and overall operations of the school and church. The development project application was submitted on February 9, 2023, and deemed complete on August 7, 2025. As part of the development project review process, the application was evaluated by City staff including the Planning Division, Building Division, Public Works Development Engineering, Public Works Water Division, and the Orange County Fire Authority.
Additionally, the application was considered a modification of an existing CUP, because the proposed land uses and operational standards will remain the same.
The only proposed change is to increase the student enrollment by 15 students and incorporate seventh and eighth grade students. Moreover, as stated on pages four and five of the Planning Commission staff report (Exhibit 3 to the February 3, 2026 City Council staff report), the Planning Commission approved CUP No. 1982- 18 and Variance No. 1982- 20 in 1982, allowing the construction of the church building and the private school designed to serve students in kindergarten through ninth grade. The CUP allowed the church and private school uses in the R1 zoning district and the variance allowed the reduction in parking. However, at the time of construction, the private school facility was designed to accommodate elementary students, serving pre- kindergarten through sixth grade. While CUP No. 1982- 18 allowed the private school use extending through ninth grade, the 17,500-square- foot building did not provide the necessary floor area or capacity to serve students above the sixth grade. Furthermore, the school’s operational program and curriculum were limited to elementary education, and no middle school grades were implemented under the existing CUP. The proposed modification was intended to allow the same land uses with a higher number of students and incorporating the new seventh and eighth grades.
5. Appellant Request: R-1 Residential Protection & Land Use Compatibility Violations Analysis of Issue:
The appellant claims that approval of the expansion of the existing school violated the General Plan land- use policies intended to safeguard residential neighborhoods from intrusion by intensified institutional uses. As stated on page Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
Exhibit 6 – Response to Appeal Comments
seven of the Planning Commission staff report (Exhibit 3 to the February 3, 2026 City Council staff report) , the new proposed school expansion will not adversely affect the General Plan, as the granting of the CUP would be consistent with various goals and policies of the General Plan. The approval of the proposed project w ill be consistent with the General Plan land use designation of Low Density Residential (LR -7), which is intended to preserve residential neighborhoods. The proposed expansion to the existing private school will contribute to the creation of a complete neighborhood, as intended by the General Plan. Furthermore, approval of this application would be consistent with several goals and policies of the General Plan, specifically Goals 1, 2, 3, and 4 of the Land Use (LU) Element as discussed below.
Goal LU-1 seeks to provide a land use plan that improves the quality of life and respects the existing community. Moreover, Policy LU -1.1 seeks to foster the compatibility between land uses to enhance livability and promote healthy lifestyles. The proposed project will continue to provide a private school to the surrounding community, without disrupting the existing community. As mentioned above, the church campus is not accessed from any of the surrounding residential communities. Therefore, the proposed school building will maintain the aspect of the neighborhood while providing an added service to the community.
Goal LU-2 seeks to provide a balance of land uses that meet Santa Ana’s diverse needs. Moreover, Policy LU -2.3 seeks to provide a diversity of land uses that support residents, visitors, and businesses, such as areas for community gatherings. The proposed project will continue to provide a school use where the community can gather during hours of operation and/or during special events.
Goal LU-3 seeks to preserve and improve the character of existing neighborhoods and districts. Moreover, Policy LU-3.1 supports new development which provides a net community benefit and contributes to neighborhood character and identity.
The proposed project will provide additional square footage to the existing school use and church campus. As mentioned above, the new school building will not disrupt the existing neighborhood. Additionally, the proposed architecture is meant to improve the site’s character and the surrounding community.
Goal LU -4 supports a sustainable City through improvements to the built environment and a culture of collaboration. Policy LU -4.1, promotes complete neighborhoods by encouraging a mix of complementary uses, community services, and people places within a walkable area. As proposed, the Project will Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
Exhibit 6 – Response to Appeal Comments
promote a complete neighborhood by providing school uses to the surrounding residential community within the vicinity. The school will act as an added service for the neighboring properties and nearby neighborhoods.
The proposed school expansion does not include additional outdoor activities that would intensify or materially alter the existing on- site operations. The school’s current hours of operation will remain unchanged. Furth ermore, the expansion does not propose additional exterior lighting, as the majority of on- site activities occur during regular business hours and daylight conditions. Lastly, the proposed school expansion is located approximately 230 linear feet from the residence at 5401 W. Tampion Avenue, providing adequate separation from the residence.
6. Appellant Request: Disability & Senior Resident Impacts (ADA/FHA/ Government Code Section 11135.
Analysis of Issue:
City staff reviews all new development projects to ensure compliance with applicable requirements of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). This review focuses on confirming that the proposed project incorporates required accessibility features appropriate to the project’s occupancy type, including but not limited to accessible routes, ramps, and other necessary accommodations. Moreover, projects that include residential development are evaluated for compliance with FHA regulations to ensure that the project does not result in discriminatory housing practices and provides required accessibility features where applicable.
The City’s review of a new development project is limited to evaluating the proposed project itself and ensuring that it meets all applicable federal, state, and local nondiscrimination and accessibility standards. The City is not required to evaluate or enforce ADA or FHA compliance of surrounding properties as part of the project approval process. Conditions or accessibility features on adjacent or nearby properties that are not part of a project do not affect the City’s determination regarding compliance or approval of a proposed project.
7. Appellant Request: Conditions of Approval Failures & Lack of Mitigation Measures
Analysis of Issue:
Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
Exhibit 6 – Response to Appeal Comments
Mitigation measures are not required by the CEQA Guidelines for categorically - exempt projects, such as the proposed Project. As outlined on pages eight through eleven of the resolution of the Planning Commission staff report (Exhibit 3 to the February 3, 2026 City Council staff report) which approv ed the proposed school expansion, the following conditions were incorporated to address potential impacts associated with the proposed addition, to ensure neighborhood compatibility, and to ensure ongoing compliance with applicable regulations:
• Condition number five – The total enrollment of the private school shall not exceed 195 students at any time, including the expansion of seventh and eighth grades. This cap reflects the operational assumptions analyzed for this Conditional Use Permit. Any proposal to increase enrollment beyond this number shall require an amendment to this Conditional Use Permit.
• Condition number six – All outdoor play and recreation activities, including recess and physical education, shall be conducted only within the designated existing outdoor play areas as shown on the approved site plan.
All such activities shall comply at all times with the City’s Noise Ordinance (SAMC 18). The use of outdoor amplified sound equipment is prohibited unless specifically authorized by the Planning Division through a subsequent discretionary approval.
• Condition number seven – Prior to issuance of any building permits, the Applicant shall submit a parking management plan (PMP) to the Planning Division for review, which must be approved prior to issuance of a certificate of occupancy. The PMP shall detail management strategies for special events to minimize potential parking and circulation impacts onto surrounding properties and City roadways.
• Condition number eight – The private school’s dismissal times must remain staggered and a dismissal schedule shall be submitted to the Planning Division for review and approval. Dismissal time for students in kindergarten through sixth grade shall begin at 3:10 p.m., and after-school programs shall be dismissed between 3:30 p.m. and 5:30 p.m.
• Condition number nine – The Parking Management Plan (PMP), as approved by the Planning Division, shall be implemented at all times. The PMP shall be kept on site and made available to City staff upon request. If Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
Exhibit 6 – Response to Appeal Comments
the City receives substantiated complaints related to parking or circulation, the Planning Manager may require the Applicant to update and re- submit the PMP for review and approval to ensure continued compliance.
• Condition number ten – Violations of the Conditional Use Permit as contained in Section 41- 647.5 of the Santa Ana Municipal Code will be grounds for permit suspension and/or revocation as described in Section 41-651 of the Santa Ana Municipal Code.
• Condition number twelve – Site illumination levels must remain in compliance with Section 8-211 (Special Commercial Building Provisions) of the Santa Ana Municipal Code at all times. A lighting plan illustrating that all fixtures will be equipped with dimmer switches and all fixtures will be shielded and directed downward to prevent glare or spillover onto adjacent residential properties must be submitted to the Planning Division for review and approval prior to the issuance of Building permits.
• Condition number thirteen – Site exterior noise levels must remain in compliance with Section 18- 312 (Exterior Noise Standards) of the Santa Ana Municipal Code at all times.
• Condition number fourteen – At any time that vehicle stacking extends beyond the entrance to the site, the owner/operator shall provide field staff as reasonably required to expedite/facilitate site circulation, assist with onsite parking, and prevent vehicles from blocking onsite parking spaces, drive aisles, sidewalks and bicycle lanes, and/or queuing onto public roadways. A stacking plan illustrating vehicle stacking management in parking areas shall be reviewed and approved by Planning Staff and shall be posted and maintained onsite.
8. Appellant Request: Cumulative Impact Failure
Analysis of Issue:
Section 21100 of the California Environmental Quality Act (CEQA) requires lead agencies to prepare and certify an Environmental Impact Report (EIR) for any project proposed for approval that may result in significant environmental effects, including cumulative impacts. Furthermore, Section 15130(b) provides direction on when and how cumulative impacts must be analyzed under CEQA , specifically Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
Exhibit 6 – Response to Appeal Comments
stating that cumulative impact analysis is required only when a project may contribute to a cumulatively considerable significant environmental impact . If a project’s contribution to cumulative impacts is not cumulatively considerable, no further cumulative analysis is required.
As proposed, the project does not have cumulative impacts that are considerable and qualifies for an exemption from further CEQA review pursuant to CEQA Guidelines Section 15314 (Class 14). Class 14 exempts minor additions to existing schools from CEQA review when the addition does not increase original student capacity by more than 25 percent or ten classrooms, whichever is less.
The proposed school expansion would result in an eight percent increase in student enrollment and includes a total of five new classrooms, which is well within the thresholds established under the Class 14 exemption. As a result, the project is exempt from the requirement to prepare an Environmental Impact Report, and the lead agency is therefore not required to certify an EIR for this project.
As previously stated, the City’s review of a new development project is limited to evaluating the proposed project itself and ensuring that it meets all applicable federal, state, and local laws.
9. Appellant Request: Failure to Consider Feasible or Less Intrusive Alternatives
Analysis of Issue:
Projects that are categorically exempt from further environmental analysis are not required to prepared alternative design or site plan analysis. Furthermore, as previously stated and discussed in the Planning Commission staff report and resolution (Exhibit 3 to the February 3, 2026 City Council staff report) , the project undergoes a development project review where City staff ensures compliance with Federal, State, and City codes. As such, staff must ensure that the project complies with zoning regulations, whic h require compliance with development standards including, but not limited to the following:
• Setbacks from property lines
• Adequate landscape
• Design quality
• Building Height
The proposed project’s location, lot configuration, proximity to residential properties, and existing construction limit the options available to construct the desired addition to the school. Reconfiguring the floor plan of the existing school building would not be a feasible option, as the project is responsible for compliance with Chapter 3 Occupancy Classification and Use) of the California Building Code Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
Exhibit 6 – Response to Appeal Comments
(CBC). An increase in student enrollment would not be feasible within the existing school building. Therefore, the most feasible option was to construct a new building. The proposed project’s design demonstrated to be the least intrusive as it maintained a 230- foot distance from the residences located along the west property line and was contained within the rear of the subject property. The location of the school expansion at the rear of the property was intended to diminish visual and traffic impacts along McFadden Avenue.
10. Appellant Request: Improper Use of CEQA Exemption as a Substitute for Environmental Review
Analysis of Issue:
In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Project is exempt from further review per Section 15314 (Class 14 – Minor Additions to School). The Class 14 exemption consists of minor additions to existing schools within existing school grounds where the addition does not increase the original student capacity by more than 25 percent or ten classrooms. The proposed school will not increase the student capacity by more than 25 percent and it only proposes to add four classrooms and one laboratory which lands within the threshold of the Class 14 exemption. Based on this analysis, the project is exempt from further environmental review.
11. Appellant Request: Public Interest and Equity Considerations
Analysis of Issue:
City staff conducted the review of the proposed school expansion in accordance with all applicable Federal, State, and City codes. Additionally, City staff can only recommend approval of a project if the project can demonstrate that all fiv e findings in Section 41-638
of the SAMC have been established. As stated in the
Planning Commission staff report (Exhibit 3 to the February 3, 2026 City Council staff report) and the analysis below, the project meets the findings required to recommend approval of the project.
1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or the community.
The proposed Project will provide a new two- story private school building to accommodate middle school students (seventh and eighth grades) within the existing Forty Martyrs Armenian Church campus. This expansion will allow students who are already enrolled at the school to continue their education through the eighth grade without the need to transfer to another institution. By retaining Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
Exhibit 6 – Response to Appeal Comments
students and extending the academic program, the Project will enhance educational continuity for families, reduce the need for additional school commuting outside the neighborhood, and strengthen the long-term stability of the school community. As such, the proposed use will provide a valuable educational service and contribute positively to the general well -being of the sur rounding neighborhood and the broader Santa Ana community.
2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity.
The proposed middle school building will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The Project is located within an existing church and school campus that has historically operated as an educational facility. The proposed expansion is modest in scale, limited to four classrooms and one laboratory with a maximum capacity of 32 students, and is intended primarily to retain existing students rather than generate substantial new enrollment. Traffic, parking demand, and noise levels are expected to remain consistent with current operations, as dismissal times are already staggered and closely managed by staff to ensure orderly circulation. In addition, playground and campus activities are existing uses that will continue to comply with the City’s noise ordinance and will be buffered by setbacks, perimeter walls, and landscaping. Accordingly, the Project will operate safely within the site’s capacity and will not create adverse impacts to surrounding residences or businesses.
3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area.
The proposed use will not adversely affect the present economic stability or future econom ic development of surrounding properties.
The Project is located within an established church and school campus that has operated for decades without creating negative economic impacts on nearby residential or commercial uses. The expansion is limited in s cope, designed to accommodate existing students as they progress into the middle school grade levels, and will not substantially increase overall enrollment. As such, no new burdens on parking, traffic circulation, or neighborhood infrastructure are antici pated. The Project is expected to support neighborhood Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
Exhibit 6 – Response to Appeal Comments
vitality and complement surrounding land uses by maintaining a stable student population and providing a long -term educational resource within the community. Therefore, the proposed use will not detract from the economic stability and development potential of the area.
4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use.
The proposed use will comply with all applicable regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for schools located within the R1 zoning district. The Project has been designed to conform with development standards, including building height, setbacks, and site access requirements. Although the site provides 88 on- site parking spaces, fewer than the 110 spaces otherwise required, the Project qualifies for parking relief under Assembly Bill (AB) No. 2097 due to its proximity to a major transit corridor, and therefore remains compliant with state and local regulations. Furthermore, conditions of approval will ensure continued compliance with operational standards related to traffic circulation, noise, and safety. Accordingly, the proposed use satisfies all applicable zoning code requirements and conditions for approval.
5. That the proposed use will not adversely affect the General Plan or any specific plan of the City.
The new proposed school building will continue to complete the residential neighborhood as intended by the General Plan.
Furthermore, approval of this application would be consistent with several goals and policies of the General Plan, specifically Goals 1, 2, 3, and 4 of the Land Use (LU) Element as discussed below.
Goal LU-1 seeks to provide a land use plan that improves the quality of life and respects the existing community. Moreover, Policy LU-1.1 seeks to foster the compatibility between land uses to enhance livability and promote healthy lifestyles. The proposed Project will continue to provide a private school to the surrounding community, without disrupting the existing community. The church campus is not accessed from any of the surrounding residential communities.
Therefore, the proposed school building will maintain the aspect of the neighborhood while providing an added service to the community.
Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
Exhibit 6 – Response to Appeal Comments
Goal LU-2 seeks to provide a balance of land uses that meet Santa Ana’s diverse needs. Moreover, Policy LU -2.3 seeks to provide a diversity of land uses that support residents, visitors, and businesses, such as areas for community gatherings. The proposed Project will continue to provide a school use where the community can gather during hours of operation and/or during special events.
Goal LU-3 seeks to preserve and improve the character of existing neighborhoods and districts. Moreover, Policy LU-3.1 supports new development which provides a net community benefit and
contributes to neighborhood character and identity. The proposed Project will provide additional square footage to the existing school use and church campus. As mentioned above, the new school building will not disrupt the existing neighborhood. Additionally, the proposed architecture is meant to improve the site’s character and the surrounding community.
Goal LU-4 supports a sustainable City through improvements to the built environment and a culture of collaboration. Policy LU -4.1, promotes complete neighborhoods by encouraging a mix of complementary uses, community services, and people places within a walkable area. As proposed, the Project will promote a complete neighborhood by providing school uses to the surrounding residential community within the vicinity. The school will act as an added service for the neighboring properties and nearby neighborhoods.
12. Appellant Request: Conclusion & Requested Actions
a. Vacate the Approval of CUP No. 1982-18-MOD-1
b. Remand for Proper and Lawful Reconsideration
c. Require Appropriate Environmental Review Prior to Any Reconsideration d. Applicant and City Must Bear the Burden of Demonstrating Compatibility e. If Compatibility Canno t be Demonstrated, the Appropriate Outcome is Denial of Expansion at this Location
Analysis of Issue:
As noted on the thorough responses previously provided, City staff conducted the review of the proposed school expansion in accordance with all applicable Federal (public notices and public comment), State (Government, Civil, and Environmental Codes and Guidelines) , and City ( Buildings/Structures, Health/Sanitation, and Zoning) codes. Staff recommended approval of the request because it deemed that the project met and satisfied all five of the specified findings of fact required Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
Exhibit 6 – Response to Appeal Comments
by SAMC Section 41-638(a)(1) for approval of a CUP. Pursuant to SAMC Section 41-638(a)(1), approval of a CUP is contingent on all five of the specified findings of fact contained therein being satisfied.
City of Santa Ana
Planning Commission
October 27, 2025
Slide 1
October 27, 2025 at 5:30 p.m.
JOIN US ONLINE AT HTTPS://SANTA-ANA.PRIMEGOV.COM/PUBLIC/PORTAL
CITY OF SANTA ANA
PLANNING COMMISSION
Exhibit B of Exhibit 6 - Appeal No. 2025-02
City of Santa Ana
Planning Commission
Item No. 1
October 27, 2025
Slide 2
Item 1: Forty Martyrs Armenian Church
Middle School
• Application: Conditional Use Permit (CUP) No.
1982-18-MOD-1
• Address & Council Ward: 5311 West
McFadden Avenue (Ward 1)
• Description: Request to modify previous
entitlement, CUP No. 1982-18, to facilitate the
construction of a new 4,846-square-foot building
to modify and expand the existing private school
operations.
• Recommendation: Adopt a resolution approving
CUP No. 1982-18-MOD-1, as conditioned.
City of Santa Ana
Planning Commission
Item No. 1
October 27, 2025
Slide 3
Location and Zoning
• General Plan: Low Density Residential
(LR-7)
• Zoning: Single-family Residence (R1)
• Surrounding Land Uses:
– North: Wintersburg Channel and Single-
Family Residences
– East: Commercial Center and Cultural
Center
– South: Church and Catholic Grade School
– West: Church and Single-Family
Residences
• Lot Size: 1.7 acres (74,188 sq. ft.)
• Existing Site Development: The site is
currently developed with an existing
5,500 sq. ft. two-story church and a
17,500 sq. ft. education building with
surface parking.
City of Santa Ana
Planning Commission
Item No. 1
October 27, 2025
Slide 4
Background
• In 1982, the Planning Commission approved CUP No. 1982-18 and Variance No. 1982-20, allowing the construction of a new church building and a private school designed to serve students in kindergarten through ninth grade.
• The CUP allowed the church and private school uses in the R1 zoning district and the variance allowed a reduction in parking. • At the time of construction, the private school facility was designed to accommodate elementary students, serving pre-kindergarten through sixth grade.
• While CUP No. 1982-18 allowed the private school use extending through ninth grade, the 17,500-square-foot building did not provide the necessary floor area or capacity to serve students above the sixth grade. • The school’s operational program and curriculum were limited to elementary education, and no middle school grades were implemented under the existing CUP.
City of Santa Ana
Planning Commission
Item No. 1
October 27, 2025
Slide 5
Site Photo
Site view from McFadden Avenue
City of Santa Ana
Planning Commission
Item No. 1
October 27, 2025
Slide 6
Site Plan
McFadden Avenue
Proposed Building
City of Santa Ana
Planning Commission
Item No. 1
October 27, 2025
Slide 7
Site Plan (Cont.)
McFadden Avenue
Overall Site Plan Enlarged Site Plan
Proposed Building
City of Santa Ana
Planning Commission
Item No. 1
October 27, 2025
Slide 8
Floor Plan
1st Floor Plan
2nd Floor Plan
City of Santa Ana
Planning Commission
Item No. 1
October 27, 2025
Slide 9
Elevations
South
North
West
East
City of Santa Ana
Planning Commission
Item No. 1
October 27, 2025
Slide 10
Project Analysis
Current Enrollment: 180 students
Proposed Enrollment: 195 students maximum
Hours of Operation:
Noise Controls:
• No additional playground area is proposed.
• Recess breaks will remain staggered:
– Pre-K through Kindergartner: 10:00 a.m. to 10:20 a.m. –1 st through 4th grade levels: 12:00 p.m. to 12:45 p.m. –4 th through 8th grade levels: 12:45 p.m. to 1:30 p.m.
Hours of Operation Type of Use
Monday through Friday 8:00 a.m. to 4:00 p.m. School’s administrative offices Monday through Friday 8:00 a.m. to 3:15 p.m. Regular school hours (Pre-K to 8th Grade) Monday through Friday 3:30 p.m. to 5:30 p.m. Aft erschool activities (i.e., sports & enrichment activities) & aftercare
City of Santa Ana
Planning Commission
Item No. 1
October 27, 2025
Slide 11
Project Analysis (Cont.)
Traffic Management
• Staggered Dismissals:
– 3:10 p.m. – Kindergarten through 6th grade
– Before noon / 2:00–3:00 p.m. – Pre-K (30 students)
– 3:30–5:30 p.m. – After-school program (40 students)
• Student dismissal will be supervised by school staff. • Onsite security will monitor traffic circulation.
Pick-up and Drop-off Locations
• 5305 W. McFadden Ave – Pre-K through Kindergarten.
•O n s i t e – 1
st through 6th grade.
• No interference with the hours of operation of the church and the property at 5305 W. McFadden Avenue.
City of Santa Ana
Planning Commission
Item No. 1
October 27, 2025
Slide 12
General Plan Consistency
Project aligns with General Plan land use designation of LR-7 and several land use (LU) goals and policies.
• LU-1: Growing Responsibly
– Maintains neighborhood character and compatible land use – Enhances community livability without disruption
• LU-2: Land Use Needs
– Provides educational and gathering space for the community – Contributes to a diverse mix of supportive land uses
• LU-3: Compatibility of Uses
– Expands existing school with net community benefit
– Improves site design consistent with surrounding area • LU-4: Complete Communities
– Promotes walkable and complete neighborhoods
– Advances sustainable city development through local services City of Santa Ana
Planning Commission
Item No. 1
October 27, 2025
Slide 13
CEQA and Fiscal Impact Analysis
• In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Project is exempt from further review per Section 15314 (Class 14 – Minor Additions to School). The Class 14 exemption consists of minor
additions to existing schools within existing school grounds where the addition does not increase the original student capacity by more than 25 percent or ten classrooms. The proposed school will not increase the student capacity by more than 25 percent and it only proposes to add four classrooms and one laboratory. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-34, will be filed for this Project.
• There is no fiscal impact associated with this action.
City of Santa Ana
Planning Commission
Item No. 1
October 27, 2025
Slide 14
Staff Recommendation
Adopt a resolution approving Conditional Use
Permit No. 1982-18-MOD-1, as conditioned.
City of Santa Ana
Planning Commission
Item No. 1
October 27, 2025
Slide 15
Commission Questions,
Public Hearing, and
Discussion on Item No. 1
City of Santa Ana
Planning Commission
October 27, 2025
Slide 16
Remaining Commission Items