The URL can be used to link to this page

Home My WebLink About2004-013 - Approving Conditional Use Permit No. 2003-38RESOLUTION NO. 2004-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2003-38 FOR A PROFESSIONAL TRADE SCHOOL USES FOR THE PROPERTY LOCATED AT 3501 AND 3511 WEST SUNFLOWER AVENUE Kdo/1/28/04 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: Conditional Use Permit No. 2003-38 and Amendment Application No. 2003-11, which has been filed with the City of Santa Ana to change the zoning district designation of the property located at 3501 and 3511 West Sunflower Avenue from Light Industrial (M1) to Specific Development No. 74 (SD-74), came before the City Council of the City of Santa Ana for a public hearing February 2, 2004. Conditional Use Permit No. 2003-38 has been filed with the City of Santa Ana seeking to allow a professional trade school use for the property located at 3501 and 3511 West Sunflower Avenue. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on January 12, 2004, on Amendment Application No. 2003- 11, and Conditional Use Permit No. 2003-38. After conducting the public hearing, the Planning Commission determined that Amendment Application No. 2003-11 is consistent with the General Plan of the City of Santa Ana, and recommended by a vote of 7:0 that the City Council approve Amendment Application No. 2003-11 and Conditional Use Permit No. 2003-38. Specific Development No. 74 (SD-74) allows trade and professional schools subject to the issuance of a Conditional Use Permit. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? Resolution No, 2004-013 Page 1 of 5 The development of the Art Institute/Argosy University, as conditioned, will allow the expansion of an educational facility which provides needed instructional and cultural opportunities for the surrounding community. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? The Art Institute/Argosy University expansion, as conditioned, will not present any detrimental affects to the persons residing or working in the area. Parking concerns are addressed due to the excess of parking on-site and through conditions imposed restricting the applicant to the use of the building to the floor plan submitted and approved in DP No. 03-51. Any impacts to health, safety or welfare are sufficiently mitigated through the conditions of approval imposed on this project. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed Art Institute/Argosy University, as conditioned, will not create any negative or detrimental impacts on the economic viability of the surrounding area. This unique use will provide a positive addition to the surrounding area, which will complement and improve the existing Art Institute to the west and will improve the economic viability of the area. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed professional trade school and existing office and industrial uses will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code. Moreover, a condition of approval of the use restricts the applicant to the submitted floor plan square footage. Resolution No. 2004-013 Page 2 of 5 Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed Art Institute/Argosy University will not pose any adverse affects on the General Plan designation of Industrial (IND). The Specific Development Plan No. 74 will continue to allow the existing industrial uses in addition to the proposed trade school use. The Negative Declaration for Environmental Review No. 2003-169 was approved and adopted in the Ordinance for Amendment Application No. 2003-11 (AA No. 2003-11 ) adopted this same day. Section 2. The City Council of the City of Santa Ana hereby, approves Conditional Use Permit No. 2003-38 as conditioned in Exhibit "A" attached hereto and incorporated herein. Section 3. This Conditional Use Permit is expressly conditioned upon adoption by the City Council of a zoning ordinance amendment rezoning the property located at 3501 and 3511 West Sunflower Avenue from Light Industrial (M1) to Specific Development No. 74 (SD-74) (AA No. 2003-11). The rights of the applicant under this Conditional Use Permit shall not vest until the effective date of such ordinance. Should no such zoning ordinance amendment become effective, then this Conditional Use Permit is null and void and of no effect. ADOPTED this 2nd day of February, 2004. ./,-'l~'guel A. ~ulido ~//Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Kylee ~.JOtto Deputy'~ity Attorney Resolution No. 2004-013 Page 3 of 5 AYES: Ceunciimembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Alvarez, Bist, Solorio (7) None (0) None (0) None (0) Christy, Franklin, Garcia, Pulido CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2004-013 to be the original resolution adopted by the City Council of the City of Santa Ana on February 2, 2004. Clerk of the Council City of Santa Ana Resolution No. 2004-013 Page 4 of 5 Conditions for Approval for Conditional Use Permit No. 2003-38 Conditional Use Permit No. 2003-38 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by the conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Plannin.q Division All proposed site improvements must conform to the Site Plan Review approval of DP No. 03-51. The curriculum for the Art Institute/Argosy University shall be limited to daytime coursework and instruction for two and four-year degree programs in visual arts, media arts, culinary, fashion, and design. Hours for these programs shall be from 8:00 a.m. to 5:00 p.m., seven days a week. Additionally, masters and doctoral evening and weekend programs including clinical psychology, education, and business administration courses shall be allowed, but only during the hours of 6:00 p.m. to 10:00 p.m., Monday through Friday, and 8:00 a.m. to 10:00 p.m. on weekends. A total of 589 parking spaces are provided for the trade school, office and industrial uses on site. The parking provided for the project is based on the floor plan configuration approved for the development project (DP No. 03- 51). Any proposed floor plan modification, which would result in a higher parking demand, would require a review of the conditional use permit. Exhibit A Resolution No. 2004-013 Page 5 of 5