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HomeMy WebLinkAbout2005-046 - Approving Conditional Use Permit No. 2005-05 KO-06/24/05 RESOLUTION NO. 2005-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2005-05 AS CONDITIONED TO ALLOW A TRADE SCHOOL AT 3000 WEST MACARTHUR BOULEVARD, SUITE 300; APPROVING CONDITIONAL USE PERMIT NO. 2005-06 AS CONDITIONED TO ALLOW A TRADE SCHOOL AT 3000 WEST MACARTHUR BOULEVARD, SUITE 320; AND APPROVING CONDITIONAL USE PERMIT NO. 2005-07 AS CONDITIONED TO ALLOW A PRIVATE RECREATIONAL FIELD AT 3100 WEST MACARTHUR BOULEVARD 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: A. Applicant requested approval of Conditional Use Permit No. 2005-05 to allow a trade school at 3000 West MacArthur Boulevard, Suite 300; Conditional Use Permit No. 2005-06 to allow a Trade school at 3000 West MacArthur Boulevard, Suite 320; and Conditional Use Permit No. 2005-07 to allow a private recreational field at 3100 West MacArthur Boulevard. B. Applicant also filed Zoning Ordinance Amendment No. 2005-01 with the City of Santa Ana seeking to amend the Specific Development No. 58 (SD-58) to modify the SD-58 standards to conditionally permit private recreational fields and trade schools within the boundaries of the Lake Center project. C. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on April 11, 2005, and unanimous voted to recommend that the City Council: 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2005-01. 2. Adopt a resolution approving Conditional Use Permit No. 2005-05 as conditioned. Resolution No. 2005-046 Page 1 of 10 3. Adopt a resolution approving Conditional Use Permit No. 2005-06 as conditioned. 4. Adopt a resolution approving Conditional Use Permit No. 2005-07 as conditioned. D. On May 2, 2005 the City Council of the City of Santa Ana held a duly noticed public hearing on Zoning Ordinance Amendment No. 2005-01, Conditional Use Permit No. 2005-05, Conditional Use Permit No. 2005-06, and Conditional Use Permit No. 2005-07. On May 2,2005 the public hearing was closed and the City Council continued the project to July 5, 2005. E. Applicant has requested approval of Conditional Use Permit No. 2005-05 to allow a trade school at 3000 West MacArthur Boulevard, Suite 300. Specific Development No. 58 (SD-58) allows a trade and professional school subject to the approval 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. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The approval of the Lloyd Anderson Group professional trade school as conditioned will establish a professional trade school facility that will provide necessary training services to the surrounding adult community. 2. 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 Lloyd Anderson Group professional trade school 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. 04-51. Any impacts to health, safety or welfare are sufficiently mitigated through the conditions of approval imposed on this project. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? Resolution No. 2005-046 Page 2 of 10 The proposed professional trade school as conditioned will not create any negative or detrimental impacts on the economic viability of the surrounding area. The professional trade school programs will be conducted within an existing six-story office building and the proposed use will cater to and support the existing professional office environment. 4. 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 as conditioned is consistent and will comply with all regulations and conditions specified in the Santa Ana Municipal Code and Specific Development No. 58 (SO-58) pertaining to such use. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed professional trade school will be consistent with the General Plan and will not have any adverse impacts on the General Plan designation of Industrial (INO). F. Applicant has requested approval of Conditional Use Permit No. 2005-06 to allow a trade school at 3000 West MacArthur Boulevard, Suite 310. Specific Development No. 58 (SO-58) allows a trade and professional school subject to the approval 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. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The approval of the professional trade school as conditioned will establish an additional accredited University that will provide necessary training services and educational opportunities the surrounding community. 2. 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? Hope International University 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 Resolution No. 2005-046 Page 3 of 10 plan submitted and approved in OP No. 04-51. Any impacts to health, safety or welfare are sufficiently mitigated through the conditions of approval imposed on this project. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed professional trade school as conditioned will not create any negative or detrimental impacts on the economic viability of the surrounding area. The professional trade school programs will be conducted within an existing six-story office building and the proposed use will cater to and support the existing professional office environment. 4. 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 as conditioned is consistent and will comply with all regulations and conditions specified in the Santa Ana Municipal Code and Specific Development No. 58 (SO-58) pertaining to such use. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed professional trade school will be consistent with the General Plan and will not have any adverse impacts on the General Plan designation of Industrial (INO). G. Applicant has requested approval of Conditional Use Permit No. 2005-07 to allow a trade school at 3100 West MacArthur Boulevard. Specific Development No. 58 (SO-58) allows private recreational fields subject to the approval 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. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The Charis Recreational Field will provide a service to the area by providing the resources students need to increase their physical competence. The project will provide the space and amenities needed to introduce a practice field for the school sports programs. The additional landscape improvements and decorative fencing will contribute to the Resolution No. 2005-046 Page 4 of 10 need for open space and provide visual relief from a previously vacant site. 2. 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 private recreational facility will not be detrimental to the welfare of persons in the area, as the project will provide a supportive environment for children of the Calvary Chapel School. These services will increase the safety and welfare of children in the community. 3. 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 landscaping, fencing and visual improvements to an otherwise vacant site. 4. 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 recreational field use. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The operation of a private recreational practice field will have no affect on the City's General Plan. Private recreational fields are permitted subject to conditional use permit within the Specific Development No. 58 (SO-58) zoning district. H. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15332. This Class 32 exemption allows in-fill developments on properties of less than five acres that meet applicable General Plan and zoning regulations. Categorical Exemption Environmental Review No. 2004-156 will be filed for this project Section 2. The City Council after conducting the public hearing hereby approves: A. Conditional Use Permit No. 2005-05 as conditioned in Exhibit "A" attached hereto and incorporated herein. B. Conditional Use Permit No. 2005-06 as conditioned in Exhibit "B" attached hereto and incorporated herein. Resolution No. 2005-046 Page 5 of 10 C. Conditional Use Permit No. 2005-07 as conditioned in Exhibit "C" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Council Action dated May 2, 2005 and exhibits attached thereto; the Request for Council Action dated July 5, 2005 and exhibits attached thereto and the public testimony written and oral, all of which are incorporated herein by this reference. Section 3. This Resolution shall not be effective unless and until Ordinance No. NS-2684 becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 4. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this 5th day of Julv, 2005 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee 0 Assista Resolution No. 2005-046 Page 6 of 10 AYES: Councilmembers: Alvarez. Bustamante. Christy. Garcia. Pulido. Solorio (6) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Bist (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-046 to be the original resolution adopted by the City Council of the City of Santa Ana on Julv 5. 2005. (__\2\ r----> /) --~~ " <, '..e)1 ,'"'---- '> .... ,,--- \1' " .' \,< '\ , , ,I, Clerk of the Council (j City of Santa Ana Date: ,,.\ t-tL~ k~J F,ttf5 ;~ d Resolution No. 2005-046 Page 7 of 10 Conditions for Approval for Conditional Use Permit No. 2005-05 Conditional Use Permit No. 2005-05 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. Plannina Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 04-51. 2. A total of 419 parking spaces are provided for the trade school, office and commercial uses on site. The parking provided for the project is based on the floor plan configuration approved for the development project (DP No. 04-51). Any proposed floor plan modification, which would result in a higher parking demand, would require a review of the conditional use permit. 3. The conditional use permit shall be reviewed at six months, nine months, and one year. Resolution No. 2005-046 Page 8 of 10 Exhibit "A" Conditions for Approval for Conditional Use Permit No. 2005-06 Conditional Use Permit No. 2005-06 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. Planninq Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 04-51. 2. A total of 419 parking spaces are provided for the trade school, office and commercial uses on site. The parking provided for the project is based on the floor plan configuration approved for the development project (DP No. 04-51). Any proposed floor plan modification, which would result in a higher parking demand, would require a review of the conditional use permit. 3. The conditional use permit shall be reviewed at six months, nine months, and one year. Exhibit "B" Resolution No. 2005-046 Page 9 of 10 Conditions for Approval for Conditional Use Permit No. 2005-07 Conditional Use Permit No. 2005-07 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. PlanninQ Division 1. Comply with Development Review Committee comments dated July 1, 2004 for Site Plan Review DP No. 04-50. 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. Netting shall be installed along Lake Center Drive to prevent objects from entering the street or causing damage to nearby structures. Netting placement, material, and design shall be submitted and approved by the Planning Manager. 4. All lighting shall be designed and installed to direct, shield, and confine direct rays of light to within the boundaries of the development site. Lighting shall not glare onto or direct exposed lights onto adjacent properties. 5. Provide a minimum of 41 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. Resolution No. 2005-046 Page 10 of 10 Exhibit "C"