HomeMy WebLinkAbout31B - 1902 E. CHESTNUT AVE.
REQUEST FOR
COUNCIL ACTION
_ITV COUNCIL MEETING DATE:
~
~
CLERK OF COUNCIL USE ONLY:
JUNE 21, 2004
TITLE:
CONDITIONAL USE PERMIT NO. 2004-10
TO OPERATE A CHILDCARE FACILITY FOR
KIDWORKS IN THE LIGHT INDUSTRIAL
(M1) ZONING DISTRICT
APPROVED
D As Recommended
D As Amended
D Ordinance on 151 Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
,y
tZ.¡:?}a
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Receive and file the staff report approving Conditional Use Permit No.
2004-10 as conditioned.
PLANNING COMMISSION ACTION
~fter receiving public testimony, the Planning Commission adopted a
"';esolution approving Conditional Use Permit No. 2004-10 as conditioned at
its May 24, 2004 meeting by a vote of 5:0- (Nalle abstained, Lutz absent).
The project allows a childcare facility within an existing building in
the M1 (Light Industrial) zoning district located at 1902 West Chestnut
Avenue. The Planning Commission made no changes to the recommended
conditions of approval outlined in the attached staff report (Exhibit A) .
FISCAL IMPACT
There is no fiscal impact associated with this action.
Ste en G. Har ng
Executive Dire tor
Planning & Building
Agency
VC:rb
vc\reports\cup04-10.CC
8
31 B-1
REQUEST FOR
Planning Commission Action
~
~
PLANNING COMMISSION MEETING DATE:
MAY 24, 2004
PLANNING COMMISSION SECRETARY
TITLE:
PUBLIC HEARING - CONDITIONAL USE PERMIT
NO. 2004-10 TO OPERATE A CHILDCARE
FACILITY FOR KIDWORKS IN THE LIGHT
INDUSTRIAL (M1) ZONING DISTRICT
APPROVED
0 As Recommended
0 As Amended
0 Set Public Hearing For
DENIED
0 Applicant's Request
0 Staff Recommendation
CONTINUED TO
Prepared by Verny Carvaj al
¡fþ~.7~
Exe Ive Director
~"";Og Mooag.,
RECOMMENDED ACTION
Adopt a resolution
conditioned.
approving
Conditional
Use
Permit
No.
2004-10
as
DISCUSSION
Request of Applicant
EI Puente Community Development Corporation is requesting approval of a
conditional use permit in order to operate the Kidworks childcare
facility within an existing building located at 1902 West Chestnut
Avenue. Under the City's zoning ordinance, a conditional use permit is
required to operate a childcare facility in the Light Industrial (M1)
zoning district.
Property Description
The project site is approximately 0.46 acres in size and is located on the
southwest corner of Chestnut and Daisy Avenues. There is an existing
10,000 square foot industrial building on the site that was previously
used as a restaurant commissary. The property is zoned Light Industrial
(Ml) , which is consistent with the General Plan Land Use Designation of
Industrial (IND). The project site is bounded by the City Yard to the
north, light industrial to the west, single-family residences to the east,
and multi-family residences to the south. There are 14 existing parking
spaces on the project site (Exhibits 1 and 2) .
EXHIBIT A
31 B-2
~nditional Use
'y 24, 2004
Page 2
Permit No. 2004-10
Project Description
Kidworks proposes to operate a non-profit childcare facility within an
existing 10,000 square foot industrial building at 1902 West Chestnut
Avenue. The proposed facility will offer childcare and associated
tutoring and after-school activities for children of the surrounding
neighborhood. Hours of operation for the proposed childcare facility are
Monday through Friday from 9:00 a.m. to 7:00 p.m. Additionally, there
will be various indoor community activities on weekends and evenings.
The project will require various façade, tenant, landscape, and lighting
improvements to the existing building and overall site in order to create
areas necessary for the childcare facility and to bring the site into
closer compliance with the code. Specifically, the use will require the
resurface and re-striping of all parking lot areas, four new trees and two
additional landscaped fingers. Upgrades to the exterior of the building
will include new storefront windows, painted wood trellis features, and a
~corative roof cornice. As part of the childcare facility, a new fenced
W,500 square foot outdoor area will be created for outdoor activities
(Exhibits 3, 4 and 5) .
Analysis of the Issues
For over 10 years, Kidworks has been operating in the area around
Chestnut Street within two residential apartments by providing tutoring
and educational resources to pre-school through high school aged
children in the area. Due to the success of the program, Kidworks has
purchased the building in an effort to expand its programs. This
location will provide the space and necessary amenities in order to
serve more children and resulting in a greater benefit to the community.
To avoid possible impacts associated with the childcare facility use, it
is recommended that conditions be attached to the conditional use permit
in order to mitigate any negative impacts associated with the operation
of the facility. It is not anticipated that the proposed childcare
facility, in conjunction with the proposed conditions, will create
negative impacts to the surrounding business or residential community.
Parking for the project meets code requirements as a total of 14 parking
spaces are required and have been provided on the proj ect site. In
.:dition, upgrades are proposed to the existing parking lot, including
surfacing and re-striping of parking areas and new parking lot
ighting in order to bring the site into closer compliance with the
industrial development standards.
31 B-3
Conditional Use
May 24, 2004
Page 3
Permit No. 2004-10
The childcare facility will provide a long-term social benefit to the
community as the project will increase the educational competence of
children in the immediate area and will provide a supportive learning
environment for children of all ages. These services should serve to
increase the safety and general welfare of children in the area.
Additionally, no adverse impacts are anticipated as a result of the
proj ect 's approval. At the time of this report, there were no code
enforcement violations on the subject site.
Based upon the above analysis of the project and its compatibility with
the General Plan, findings and conditions of approval, staff recommends
that the Planning Commission approve Conditional Use Permit No. 2004-10
as conditioned (Exhibits 6 and 7) .
CEQA Compliance
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. Categorical Exemption
Environmental Review No. 2004-025 will be filed for this project.
~.I . e-.. ..e;..
Verny Carvajal
Associate Planner
vJ-~
ICP
Vince Fregos ,
Senior Planne
VC:JM
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PRELIMINARY LANDSCAPE PLAN
KID WORKS SANTA ANA, CALIFORNIA
EI "UENTE COMMUNITY DEVELOPMENT CORPORA TION
PLANT""" LEGEND
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Conditional Use
May 24, 2004
Page 1 of 2
Permit No, 2004-10
Findings of Fact
A.
will the proposed
contribute to the
community?
use provide a
general well
service or
being of
facility which will
the neighborhood or
Kidworks childcare facility will provide a service to the area
by providing the resources students need to increase their
educational competence. The project will provide the space and
amenities needed to serve more children, thus benefiting the
entire neighborhood,
B.
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 proposed childcare facility will not be detrimental to the
welfare of persons in the area, as the project will provide a
supportive learning environment for children of all ages.
These services will increase the safety and welfare of children
in the community,
C.
Will the
stability
the area?
proposed use adversely affect the present economic
or future economic development of properties surrounding
The project will help the stability and future
development of the area through the additional
landscaping and façade improvements to an aged building.
economic
paving,
D.
Will the proposed use comply with the
specified in Chapter 41 for such use?
regulations and conditions
The project will comply with all applicable city codes and
standards pertaining to the childcare use. In addition, there
are no code enforcement violations on the subject site at the
time of this report.
CUP 04-10
EXHIBIT 6
31 B-1 0
~nditional Use
'y 24, 2004
Page 2 of 2
Permit No. 2004-10
E.
Will the proposed use adversely affect
specific plan of the City?
the
General
Plan or
any
The operation of a childcare facility within an existing
building on the project site will have no affect on the City's
General Plan, Childcare facilities are permitted within the
Industrial (IND) General Plan designation and are allowed with
a conditional use permit in the Light Industrial (M1) zoning
district. There are no specific plans in the immediate area.
8
8
31 B-11
MAY 24, 2004
PAGE 1 OF2
Conditions for Approval
Conditional Use Permit No. 2004-10 is approved subject to
the reasonable satisfaction of the Planning Manager, with
sections of the Santa Ana Municipal Code, the California
Code, the Uniform Fire Code, the Uniform Building Code
applicable regulations,
compliance, to
all applicable
Administrative
and all other
The applicant must comply
below prior to exercising
permit.
in full with each and every condition listed
the rights conferred by this conditional use
The applicant must remain in compliance with all conditions listed below
throughout the life of the conditional use permit, Failure to comply with
each and every condition may result in the revocation of the conditional
use permit.
A.
Planning Division
1.
Comply with Development Review Committee comments dated March 5,
2004 for Site Plan Review DP No, 04-06.
2.
Any amendment to this conditional use permit must be submitted
to the Planning Division and Police Department for review. At
that time, staff will determine if administrative relief is
available or the conditional use permit must be amended.
3.
There shall be no outside services or activities permitted
outdoors other than within the enclosed outdoor play area, All
temporary outdoor events shall be in compliance with Section 41-
195 of the Santa Ana Municipal code and subject to an approved
Land Use Certificate,
4.
There shall be a maximum of 56 children permitted at any given
time for the proposed childcare facility. Any additional number
of children will require additional parking and further review
of the conditional use permit.
5,
Provide a minimum of 14 parking spaces, All stalls shall be
double striped and shall not encroach into required landscape
areas,
6,
The conditional use permit shall be reviewed at 90 days, six
months, and annually thereafter by the Planning Division in
order to determine compliance with the above conditions or for
any modification to the conditions of approval.
31 ~10
-exH1bIT 7
I
AA Y 24, 2004
~GE20F2
B.
Police Department
1.
Existing buildings and parking lot must conform to the
provisions of Chapter 8, Article II, Division 3 of the Santa
Ana Municipal Code (Building Security Ordinance). These code
conditions will require that the existing project's lighting,
door/window locking devices and addressing be upgraded to
current code standards. Lighting standards cannot be located
in required landscape planters.
8
8
31 B-13
KO-6/1/04
RESOLUTION NO. 2004-16
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2004-10 FOR A CHILDCARE FACILITY
AS CONDITIONED FOR THE PROPERTY LOCATED AT
1902 WEST CHESTNUT AVENUE
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.
Conditional Use Permit No. 2004-10 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
May 24, 2004.
The applicant is requesting approval of Conditional Use Permit No. 2004-
10 to operate a childcare facility for Kidworks in the Light Industrial (M1)
zoning district for the property located at 1902 West Chestnut Avenue.
Santa Ana Municipal Code Section 41-472.5 (c) of the Santa Ana Municipal
Code allows child care facilities subject to the issuance of a conditional use
permit.
Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
1. The proposed use will provide a service or facility, which will
contribute to the general well being of the neighborhood or the
community.
Kidworks childcare facility will provide a service to the area
by providing the resources students need to increase their
educational competence. The project will provide the space
and amenities needed to serve more children, thus
benefiting the entire neighborhood.
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 proposed childcare facility will not be detrimental to the
welfare of persons in the area, as the project will provide a
supportive learning environment for children of all ages.
These services will increase the safety and welfare of
children in the community.
B.
C.
D.
2.
31 B-14
Resolution No. 2004-16
Page 1 of 3
8
8
8
3.
4.
5.
Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The project will help the stability and future economic
development of the area through the additional paving,
landscaping and façade improvements to an aged building.
Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The project will comply with all applicable city codes and
standards pertaining to the child care use. In addition, there
are no code enforcement violations on the subject site at the
time of this report.
Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The operation of a childcare facility within an existing
building on the project site will have no affect on the City's
General Plan. Child care facilities are permitted within the
Industrial (IND) General Plan designation and are allowed
with a conditional use permit in the Light Industrial (M1)
zoning district. There are no specific plans in the immediate
area.
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. Categorical Exemption
Environmental Review No. 2004-025 will be filed for this project.
Section 3. The Planning Commission of the City of Santa Ana hereby,
approves Conditional Use Permit No. 2004-10 as conditioned in Exhibit "A" attached
hereto and incorporated herein.
E.
ADOPTED this 24th day of May, 2004 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Commissioners:
Cribb, De La Torre, Leo, Mondo, Sinclair (5)
None (0)
Lutz (1)
Nalle (1)
Commissioners:
Commissioners:
Commissioners:
31 B-15
Resolution No. 2004-16
Page 2 of 3
Glenn Mondo
Chairperson
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Deputy City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No.2004-16 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on May 24, 2004.
Date:
Clerk of the Planning Commission
City of Santa Ana
31 B-16
Resolution No. 2004-16
Page 3 of 3
8
8
8
Conditions for ADDroval for Conditional Use Permit No 2004-10
Conditional Use Permit No. 2004-10 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform
Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
A.
Planning Division
1.
Comply with Development Review Committee comments dated March 5,
2004 for Site Plan Review DP No. 04-06.
2.
Any amendment to this conditional use permit must be submitted to the
Planning Division and Police Department for review. At that time, staff will
determine if administrative relief is available or the conditional use permit
must be amended.
3.
There shall be no outside services or activities permitted outdoors other
than within the enclosed outdoor play area. All temporary outdoor events
shall be in compliance with Section 41-195 of the Santa Ana Municipal code
and subject to an approved Land Use Certificate.
4.
There shall be a maximum of 56 children permitted at any given time for the
proposed childcare facility. Any additional number of children will require
additional parking and further review of the conditional use permit.
5.
Provide a minimum of 14 parking spaces. All stalls shall be double striped
and shall not encroach into required landscape areas.
6.
The conditional use permit shall be reviewed at 90 days, six months, and
annually thereafter by the Planning Division in order to determine
compliance with the above conditions or for any modification to the
conditions of approval.
Exhibit A
3m~~fj
Police Department
1.
Existing buildings and parking lot must conform to the provisions of
Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building
Security Ordinance). These code conditions will require that the existing
project's lighting, door/window locking devices and addressing be
upgraded to current code standards. Lighting standards cannot be
located in required landscape planters.
Exhibit A
~'!f3~.,f8