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HomeMy WebLinkAbout2009-04KO- 1 /22/09 • RESOLUTION NO. 2009-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008-37 TO ALLOW A PRIVATE SCHOOL AT THE PROPERTY LOCATED AT 2130 NORTH GRAND 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. Applicant is requesting approval of Conditional Use Permit No. 2008-37 to allow a private school at the Alliance Church of Orange located at 2130 North Grand Avenue. B. Conditional Use Permit No. 2008-37 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on January 26, 2009. C. Pursuant to Santa Ana Municipal Code Section 41-232.5, private schools are permitted in the Single-Family Residence (R1) zoning district with the issuance of a conditional use permit. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission 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 community? The proposed private school will provide additional educational opportunities for school aged children that reside in the community. This supports Policy 5.1 of the Land Use element which encourages development which provides a net benefit to the community. Additionally, the construction of a gymnasium on this site supports Policy 1.8 of the Land Use element which encourages the development of non- profit recreational facilities and services. • Resolution No. 2009-04 Page 1 of 4 C~ 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 use will not be detrimental to the health and safety of the surrounding area as the school students will be contained within the interior area of the site. All school functions have been designed to operate away from surrounding streets and adjacent residential properties. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project will have no adverse affect on the economic stability of the surrounding community. The private school is a noncommercial enterprise affiliated with a nonprofit church facility. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed school has been designed to be in compliance with the requirements specified in Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project is in compliance with the Low Density Residential District (LR-7) land use designation of the General Plan. This district permits the operation of private schools with an approved conditional use permit. This project is not located within a specific plan or specific development area. E. 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 15061(b)(3). This General Rule exemption applies to any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Environmental Review No. 2008-21 will be filed for this project. • Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2008-37 as conditioned in Exhibit "A" attached hereto and incorporated herein, to operate a private school on the property located at 2130 North Grand Avenue. This decision is based upon the evidence submitted at the Resolution No. 2009-04 Page 2 of 4 above said hearing, which includes but is not limited to: the Request for Planning • Commission Action dated January 26, 2009 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 26th day of January, 2009 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Mill, Turner, NOES: Commissioners ABSENT: Commissioners ABSTENTIONS: Commissioners Yrarrazaval (7) None (0) None (0) None (0) ~, Christoph r Leo Chairman • • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney . ,. By: `"~ ~ CERTIFICATE OF ATTESTATION AND ORIGINALITY Kyles Ot Assist City Attorney I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2009-04 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 26, 2009. Date: -02 '"d Planning Commission Secret City of Santa Ana Resolution No. 2009-04 Page 3 of 4 Conditions for Approval for Conditional Use Permit No. 2008-37 • Conditional Use Permit No. 2008-37 is a roved sub~ect to com liance to the reasonable pp J p , satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rid or 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 The project shall remain in compliance with Site Plan Review (DP No. 07- 78). 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. Enrollment for the Alliance Church of Orange shall be limited to a maximum of 153 kindergarten through twelfth grade aged students and shall comply with the submitted hours of operation summary. 4. The southern driveway shall remain closed for entering and exiting the site Monday through Friday between the hours of 7:00 a.m. and 8:00 a.m. and 4:00 p.m. and 5:00 p.m. This closure shall include the use of either a chain or gate to prevent vehicles from entering or exiting the site from this driveway. 5. This project shall be reviewed annually every January for three years in order to monitor any traffic impacts that may arise from the new use. Exhibit A Resolution No. 2009-04 Page 4 of 4