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HomeMy WebLinkAbout2009-02 RESOLUTION NO. 2009-02 KO-1 /8/09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2008-21 AS CONDITIONED TO ALLOW A REDUCTION IN THE FRONT YARD SETBACK FROM TWENTY FEET TO TEN FEET AND AMEND CONDITIONAL USE PERMIT NO. 64- 172 AS CONDITIONED TO ALLOW A CHILD CARE FACILITY FOR THE PROPERTY LOCATED AT 1021 NORTH NEWHOPE STREET BE IT RESOLVED BY THE PLANNING COMMISSION 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. The Applicant is requesting approval of Variance No. 2008-21 and amendment to Conditional Use Permit No. 1964-172 to allow the construction of amulti-purpose building for a child care facility located at • 1021 North Newhope Street. B. Variance No. 2008-21 and the amendment to Conditional Use Permit No. 64-172 to allow a child care facility came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on January 12, 2009. C. Variance No. 2008-21 has been filed with the City of Santa Ana seeking to reduce the required front yard setback from twenty (20) feet to ten (10) feet. Santa Ana Municipal Code Section 41-234 requires a minimum of twenty (20) feet of front yard setback in the R1 zoning district. 2. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a variance upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of provisions of this Chapter. Resolution No. 2009-02 Page 1 of 8 Due to the configuration of the lot and existing • development located on the project site, denial of the variance would deprive the property owner the privilege of constructing an additional structure for the existing child care facility. The site meets the required development standards for the Single Family Residential (R1) zoning district except for the required front yard landscape setback. The applicant is proposing to modify the existing drive aisle to a one way direction in order to provide 10 feet of landscape setback. In addition, the existing child care facility entrance is situated to the existing drive aisle for easy access from the passenger loading and unloading area. Lastly, the lot is a 4.26 acre triangular shaped lot that provides a large amount of landscaped area. The site contains an existing day care facility and convent, and the structures cannot be easily relocated to accommodate both the drive aisle and the 20 feet of required landscape. Policy 2.10 of the Land Use Element encourages the rehabilitation of properties and capital investment within the City. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial • property rights. The granting of the variance would allow the property owner the opportunity to develop a quality multi- . purpose building for the existing child care facility on site. Not allowing the variance would require that the existing configuration of the building entrance be modified. The entrance for the existing child care facility is currently oriented towards the existing drive aisle. By relocating the existing loading and unloading zone, the parents and students will park further away from the child care facility entrance which will create potential safety issues for loading and unloading of children. Policy 5.1 of the Land Use Element emphasizes supporting developments that have a net community benefit. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The proposed multi-purpose structure will have no detrimental impacts to the surrounding properties. The size, scale, and design of the proposed structure • are consistent with tine existing structures on the site Resolution No. 2009-02 Page 2 of 8 • and the surrounding residential neighborhoods. All development standards will be met including building setbacks, parking, and passenger loading and unloading zone requirements. Additionally, the site is currently occupied by an existing child care facility and the day care will continue to serve the same number of children. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of General Commercial (GC) allows for commercial developments. The proposed building will be consistent with the goals and policies of the City's General Plan. D. Amendment to Conditional Use Permit No. 1964-172 has been filed with the City of Santa Ana to expand the child care facility. Santa Ana Municipal Code 41-232.5(f) allows child care facilities caring for more than fourteen (14) children with a conditional use permit. • 2. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a variance 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 existing Poor Clare child care facility provides an important service to the residents of the City. The proposed structure will allow the existing child care business to provide additional services and amenities to the children that are being cared for. This will allow the Poor Clare child care to provide a high quality of day care to the residents of the City. Policy 4.3 of the Land Use Element encourages land uses which provide community and regional service benefits. 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 multipurpose building will not be detrimental to persons residing or working in the area. Resolution No. 2009-02 Page 3 of 8 Policy 2.5 of the Land Use Element encourages a • balance between development and its impacts on the quality of life. The project site is 4.26 acres and the proposed building will be located behind the existing day care facility and away from the adjoining residential properties. In addition, the subject site is bounded by the Orange County Flood Control Channel to the south which helps to separate the structure from the adjoining properties. At the closest point, the new structure is a minimum of 70 feet to the nearest residential property. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed day care facility will not negatively affect the economic stability of the surrounding area. The site is currently operating as a child care facility that provides an important service to the community. The proposed structure will allow them to better serve their customers and will continue to allow working individuals an important service. • iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed day care facility meets the requirement of the Santa Ana Municipal Code Section 41-232.5(f), which requires that a child care facility caring for more than 14 children obtain a conditional use permit. The existing day care facility was permitted by Conditional Use Permit No. 1964-172. The applicant is requesting a modification to the original conditional use permit in order to allow the construction of the new 5,400 square foot multipurpose building. In addition, the applicant is requesting the approval of Variance No. 2008-21 fora 10-foot reduction in the required front yard landscape setback. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The subject site is located within an area designated with the General Plan land use • designation as Low Density Residential (LR-7). Resolution No. 2009-02 Page 4 of 8 Additionally, the site is not located in any specific plan area. Policy 5.4 of the Land Use Element encourages land uses that are consistent with the General Plan. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15305. This Class 5 exemption allows minor alterations in land use which do not result in any changes in land use or density. Categorical Exemption Environmental Review No. 2008-42 will be filed for this project Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 1021 North Newhope Street: A. Variance No. 2008-21 as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in the front yard setback from twenty (20) feet to ten (10) feet . B. Amendment to Conditional Use Permit No. 64-172 as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow the expansion of the child care facility These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated January 12, 2009, and exhibits attached thereto and the public testimony, • all of which are incorporated herein by this reference. ADOPTED this 12th day of January, 2009 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Mill, Turner, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) '' ~ , ~ ~ Christop er Leo Chairman • Resolution No. 2009-02 Page 5 of 8 • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee Ottd Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY • I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2009-02 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 12, 2009. Date: ~ °~ ~' ~ Plannin ommission cre a City of Santa Ana Resolution No. 2009-02 Page 6 of 8 Conditions for Approval for Variance No. 2008-21 • Variance No. 2008-21 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 California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 08-11. 2. Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owners and manager of the development. 3. Any amendment to this variance must be submitted to the Planning Division • for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 4. The variance shall be reviewed at six months, nine months, and one year. 5. The day care facility shall provide services to no more than 100 students. 6. The proposed mufti-purpose structure shall not be used as classroom facilities. Exhibit A Resolution No. 2009-02 Page 7 of 8 Conditions for Approval of the amendment to • Conditional Use Permit No. 1064-172 Conditional Use Permit No. 1964-172 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 California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below np '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 1. The project shall remain in compliance with Site Plan Review DP No. 08- 11. 2. Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owners and manager of the development. • 3. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 4. The conditional use permit shall be reviewed at six months, nine months, and one year. 5. The day care facility shall provide services to no more than 100 students. 6. The proposed multi-purpose structure shall not be used as classroom facilities. Exhibit B . Resolution No. 2009-02 Page 8 of 8