Planning and Building Agency
www.santa-ana.org/
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 3, 2026
TOPIC: Appeal Application No. 2025-02 Appealing the Decision of the Planning Commission to Approve Conditional Use Permit No. 1982-18-MOD-1 to Allow the Expansion of a Private School at 5311 W. McFadden Avenue
AGENDA TITLE
Appeal Application No. 2025-02 Appealing the Planning Commission Approval of Conditional Use Permit No. 1982-18-MOD-1 to Allow the Expansion of a Private School at 5311 W. McFadden Avenue
Legal notice published in the OC Reporter on January 23, 2026 and notices mailed on same date.
RECOMMENDED ACTION
Adopt a resolution denying Appeal Application No. 2025-02, thereby upholding the Planning Commission’s approval of a resolution to approve Conditional Use Permit No. 1982-18-MOD-1 allowing the expansion of a private school at 5311 W. McFadden Avenue (APN 108-073-13).
RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL APPLICATION NO. 2025-02 AND
UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO APPROVE CONDITIONAL USE PERMIT NO. 1982-18-MOD-1 AS CONDITIONED TO
FACILITATE THE CONSTRUCTION OF A NEW PRIVATE SCHOOL BUILDING WITHIN AN EXISTING CHURCH CAMPUS LOCATED AT 5311 WEST MCFADDEN AVENUE (APN: 108-073-13)
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
Executive Summary
Rev. Fr. Karekin Bedourian with Ari Guiragos Minassian School, representing Forty Martyrs Armenian Church (“Property Owner”), requested approval of Conditional Use
Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
February 3, 2026
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Permit (CUP) No. 1982-18-MOD-1 to modify previous entitlement CUP No. 1982-18, allowing a church and private school uses. The approved entitlements for the site included Variance No. 1982-20 for a reduction in overall required parking. Rev. Fr. Bedourian requested the modification of CUP No. 1982-18 to facilitate the construction of a new building to modify and expand the existing private school operations at 5311 W.
McFadden Avenue (“Project”). Pursuant to Section 41-232.5(c) of the Santa Ana Municipal Code (SAMC), private schools located in the Single-family Residence (R1) zoning district require approval of a CUP. Moreover, pursuant to Section 41-649, any modification of an approved CUP shall necessitate the refiling of a new application. Staff recommended approval of the original request because it deemed that the project met and satisfied all five of the specified findings of fact required 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.
Planning Commission Action and Background
On October 27, 2025, the Planning Commission received a report and staff presentation, as well as public comments, during a public hearing for the proposed Project. Following staff’s presentation, the Planning Commission took comments from the public, including the appellant, on the proposed Project. Following staff’s analysis and recommendation, the Commission voted 6:1 (Ayes: Commissioners Benninger, Escamilla, Oliva, Pham, Ramos, and Woo; Absent: Leo) to adopt a resolution approving CUP No. 1982-18-MOD-
1. On November 5, 2025, appellant Anthony Gutierrez (“Appellant”), on behalf of the Sally C. Gutierrez Trust, filed Appeal Application No. 2025-02 (Exhibit 1) pertaining to the Planning Commission’s approval of CUP No. 1982-18-MOD-1. Following receipt of the appeal application, City staff encouraged Forty Martyrs Armenian Church and the appellant to meet in order to discuss reaching a resolution that addresses the appellant’s concerns. While Forty Martyrs made several attempts to reach the appellant, appellant remained unresponsive.
Pursuant to SAMC Section 41-645, the City Council is authorized to review appeals of Planning Commission decisions and may, after holding a public hearing, affirm, reverse, change, or modify the original decision, and may make any additional determinations it shall consider appropriate within the limitations imposed by the SAMC.
Project Description
The proposed project is within an existing 1.7-acre (74,188 sq. ft.) campus, located northwest of the intersection of McFadden Avenue and Euclid Street. The site is currently developed with an existing church building that is 5,500 square feet in size and a private Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
February 3, 2026
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school building 17,500 square feet in size, serving students from pre-kindergarten to sixth grade. The Project proposes to construct a new two-story, 4,846-square-foot building located at the rear (north) portion of the site. The proposed building will feature contemporary architectural design to complement the existing church and private school facilities. The structure will have a maximum height of 32.5 feet and includes a 13.5-foot ground-level opening to allow vehicular circulation beneath the second-story classrooms.
The second floor will extend over the two-way drive aisle, providing additional classroom space while maintaining safe on-site circulation for staff and visitors.
The first floor will include a 274-square-foot lobby, a single-stall restroom, and a 502- square-foot classroom. The second floor will consist of three classrooms measuring 587, 417, and 622 square feet, respectively, and a 709-square-foot laboratory. Two of the proposed classrooms are designated to support the existing elementary school grade levels, which currently serves students from pre-kindergarten through sixth grade. These classrooms will provide additional space to reduce the overall class sizes for the existing grade levels. The remaining two classrooms are specifically allocated to accommodate the new seventh and eighth grade levels, thereby allowing the school to expand its curriculum and retain students through middle school. In addition, the proposed laboratory is intended to serve students across all grade levels, from pre-kindergarten through eighth grade. As currently constructed, student enrollment is approximately 180 students; with the proposed expansion, the student enrollment will be approximately 195 students, representing an eight-percent (8%) increase.
The existing site maintains the required landscaped setbacks with ground cover, shrubs, and trees. The existing landscape includes three 24-gallon trees, a shrub hedge that is approximately five feet tall and ten feet wide, and drought-tolerant shrubbery along the front-yard setback. Additionally, the site contains 25 trees throughout the parking lot and around the church and existing school buildings, which are proposed to remain.
Furthermore, the site includes an existing playground located at the rear of the property, which also functions as a parking area when the school is not in session. The playground is utilized exclusively during school hours and is used as parking during the church’s hours of operation. No expansion or physical modification of the playground area is proposed as part of this request, and its dual use will continue to operate as it does under existing conditions.
Site and Project 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 the reduction in parking.
Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
February 3, 2026
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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. Since its original construction, the City has not received a significant amount of complaints regarding noise, circulation, parking, lighting, or other quality-of-life impacts from residents or owners of the surrounding properties.
Analysis of Appeal
Pursuant to Section 41-645 of the SAMC, an appeal from a decision of the Planning Commission can be made by an interested party, individual, or group. An appeal application was received appealing the Planning Commission’s decision to approve CUP No. 1982-18-MOD-1.
The appellant is requesting the following actions:
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 the Planning Commission;
3. Conduct at minimum an Initial Study as part of the 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, and if it cannot demonstrate compatibility, deny the project.
The Planning Commission agenda packet prepared for the Project contained all necessary information for the Planning Commission to evaluate the applicant’s request and is provided as Exhibit 3 to this report. A copy of the submitted appeal application is provided as Exhibit 1, and a detailed analysis of and response to the eight claims made in Appeal Application No. 2025-02 is provided as Exhibit 6.
Planning Commission Determination Supporting Approval
CUP requests are governed by Section 41-638 of the SAMC, and modifications to existing CUPs require a new application under Section 41-649. A CUP may be granted if it can be demonstrated that the proposed project will not adversely impact the community or conflict with the General Plan. The requisite findings of fact are detailed in the Planning Commission Staff Report – October 27, 2025 (Exhibit 3) attached to this report, and additional analysis supporting these findings is provided in the sections below.
Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
February 3, 2026
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The Forty Martyrs Armenian Church Middle School requested a modification to its existing CUP to expand its elementary program (pre-kindergarten through sixth grade) by adding seventh and eighth grades. While the original CUP No. 1982-18 approved educational use up to ninth grade, the existing 17,500-square-foot school building was designed for, and has historically served, only elementary grades. The new building is necessary to accommodate the middle school curriculum.
The Project is not intended to substantially increase enrollment. The new facility is designed for a maximum of 32 additional students, with total enrollment expected to grow gradually from approximately 180 to 195 students, primarily by retaining students who would otherwise leave after sixth grade. This modest growth aligns with the existing campus’s capacity and is not anticipated to result in new significant impacts related to noise, traffic, or parking.
The Project complies with applicable development standards, including building height and setbacks. Although the SAMC typically requires 110 parking spaces for the combined school and church uses, the site provides 88 spaces. This is permissible pursuant to AB 2097, a state law which prohibits local government agencies from requiring parking minimums for qualifying sites within one-half mile of major transit stops. Nevertheless, a parking demand analysis that was completed for the project confirmed that the 88 on-site spaces adequately meet operational needs, and the site’s access configuration limits spillover parking into adjacent residential areas.
Student Enrollment and Operations
The expansion supports continuity for families by allowing students to remain at the school through eighth grade. The school’s staggered recess schedule, with breaks at 10:00–10:20 a.m., 12:00–12:45 p.m., and 12:45–1:30 p.m., will remain in place to limit the number of students outdoors at one time and minimize potential noise impacts.
Students in grades five through eight will continue to attend weekly religion classes in the on-site church during regular school hours. These classes will not conflict with church services or create additional operational impacts. Moreover, the school year will continue to operate on the current academic calendar (August through June) with limited summer programming. No new evening or weekend activities are proposed beyond those already in place, ensuring that the expanded program remains consistent with existing operations.
Noise and Lighting
The Project will not create significant noise or lighting impacts. Outdoor play areas will remain as they are, and no new outdoor facilities are proposed. Staggered recess periods will continue to minimize outdoor activity at any one time. No amplified outdoor sound Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
February 3, 2026
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equipment is proposed, and all activities will continue to comply with the City’s noise ordinance (SAMC Chapter 18).
The new building will include standard security lighting for safety. All fixtures will be equipped with dimmer switches. Additionally, the fixtures will be shielded and directed downward to prevent glare or spillover onto adjacent residential properties. The Project will continue to comply with the City’s outdoor lighting standards, ensuring that nighttime illumination is limited to what is necessary for security. Because the expansion involves only a small increase in enrollment and no significant changes to outdoor facilities or lighting, it will not alter the acoustic or visual environment of the surrounding neighborhood.
Traffic and Circulation
The Project will not result in significant traffic or circulation impacts. A focused traffic study determined that the modest enrollment increase, primarily due to retaining existing students, will not generate substantial additional vehicle trips during peak periods. The school effectively manages circulation through staggered dismissal times, 3:10 p.m. for kindergarten through sixth grade, earlier pick-ups for preschool, and 3:30–5:30 p.m. for after-school programs. Staff-supervised loading zones and on-site security personnel will continue to ensure orderly circulation and pedestrian safety.
Compatibility with Surrounding Uses
The Project site is surrounded by residential neighborhoods to the north and west, a commercial and cultural center to the east, and other religious and educational facilities to the south. Primary access from McFadden Avenue limits traffic intrusion into nearby residential areas. The proposed two-story building’s contemporary architectural design complements the existing church and school facilities and enhances the overall campus character. Its location at the rear of the property reduces visual impacts on neighboring streets and residences.
Overall, the Project is compatible with surrounding institutional and residential uses and will not introduce new adverse impacts related to traffic, noise, or lighting. With compliance with the City’s operational standards and conditions of approval, the Project will continue to support a community-serving use consistent with Santa Ana’s goals for neighborhood cohesion and access to educational resources.
General Plan Consistency
The new proposed school building 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 will be consistent with the General Plan land Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
February 3, 2026
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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 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.
Since the submission of Appeal Application No. 2025-02, the scope of work for the proposed school expansion has remained the same, and the analysis previously completed for CUP No. 1982-18-MOD-1 continues to be applicable. Furthermore, a detailed summary of the appellant’s claims and staff’s corresponding analysis and responses is provided in Exhibit 6.
Appeal Application No. 2025-02 – Forty Martyrs Armenian Church Middle School (5311 W. McFadden Avenue)
February 3, 2026
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Public Notification and Community Outreach
Project notifications were posted, published, and mailed in accordance with City and State regulations.
ENVIRONMENTAL IMPACT
The denial of Appeal Application No. 2025-02 would result in upholding the Planning Commission’s October 27, 2025, approval of Conditional Use Permit (CUP) No. 1982-18- MOD-1, which in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, 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% or ten classrooms. The proposed school expansion will not increase the student capacity by more than 25% and it only proposes to add four classrooms and one laboratory. 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), and it will not cause substantial adverse change of a historical resource. Furthermore, the denial of Appeal Application No. 2025-02 would result in upholding the Planning Commission’s approval of CUP No. 1982-18-MOD-1; therefore, there is no environmental impact associated with the denial.
Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-34, will be filed for the proposed project.
FISCAL IMPACT
There is no fiscal impact associated with this action
EXHIBITS
1. Appeal Application No. 2025-02
2. Resolution Denying Appeal Application No. 2025-02 and upholding the Planning Commission’s Approval of CUP No. 1982-18-MOD-1
3. Planning Commission Staff Report – October 27, 2025
4. Planning Commission Minutes – October 27, 2025
5. Architectural Plan Set
6. Response to Appeal Comments
Submitted By: Ali Pezeshkpour, AICP, Executive Director of Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager