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HomeMy WebLinkAbout2008-21KO- 7/10/08 RESOLUTION NO. 2008-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008-10 AS CONDITIONED TO ALLOW THE OPERATION OF A TRADE SCHOOL FOR THE PROPERTY LOCATED AT 1125 EAST SEVENTEENTH STREET, UNITS E202, E209-E211 AND E214 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. 2008-10 to operate a trade school for the property located at 1125 East Seventeenth Street, Units E202, E209-E211 and E214; Conditional Use Permit No. 2008-11 to operate a trade school for the property located at 1125 East Seventeenth Street, Units N160, N200 and 5200; and Minor Exception No. 2008-01 to allow a reduction in the required off-street parking • requirements for the two professional trade schools at 1125 East Seventeenth Street. B. Conditional Use Permit No. 2008-10, Conditional Use Permit No. 2008-11 and Minor Exception No. 2008-01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on July 14, 2008. C. Pursuant to Santa Ana Municipal Code Section 41-313.5, trade and professional schools are permitted in the Professional (P) 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 addition of the professional trade school will add an additional education opportunity to the existing community. This will provide residents an additional opportunity for • Resolution No. 2008-21 Page 1 of 6 education in relation to a professional career path. Policy • 4.3 of the Land Use Element encourages land uses which provide community and regional service benefits. 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 professional trade school will not be detrimental to persons residing or working in the area. Policy 5.5 of the Land Use Element encourages projects that are compatible with and supportive of surrounding land uses. The school will be located within an existing medical office complex. This project site is located in an area that is comprised of mainly commercial uses with the exception of residential properties to the north. The proposed school will operate during normal business hours and will not negatively impact the surrounding properties. Lastly, the proposed use is consistent with the requirements of the Santa Ana Municipal Code. 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 will not negatively affect the economic stability of the surrounding area. The proposed use is consistent with the zoning district of the property and operates similar to a commercial business with normal business hours. Lastly, the conditions of approval will help to mitigate any potential problems and will minimize the possibility of the trade school affecting the surrounding community. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed professional trade school meets the requirement of the Santa Ana Municipal Code Section 41- 313.5(c), which requires that a professional trade school obtain a conditional use permit. In addition, the applicant is requesting the approval of Minor Exception 2008-01 for a reduction of on-site parking for the proposed trade school. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2008-21 Page 2 of 6 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 Professional. Additionally, the site is located within an established commercial area of the City. 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. 2007-04 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2008-10 as conditioned in Exhibit "A" attached hereto and incorporated herein, to operate a trade school the property located at at 1125 East Seventeenth Street, Units E202, E209-E211 and E214. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated July 14, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 14th day of July, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Mill (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner, Leo (2) ABSTENTIONS: Commissioners: None (0) ~, arv De La Torre Vice Chairman Resolution No. 2008-21 Page 3 of 6 • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ~ ._ Kylee Ott Assista City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-21 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 14, 2008. Date: ~ ~ (J U Planning Commission ecreta City of Santa Ana Resolution No. 2008-21 Page 4 of 6 Conditions for Approval for Conditional Use Permit No. 2008-10 • Conditional Use Permit No. 2008-10 is a roved sub'ect to com liance, to the reasonable pp 1 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 rip 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. 07- 02. 2. The maximum parking reduction permitted on the property is 13 percent. The proposed trade school shall be limited to the areas defined by the approved floor plans and to units E202, E209-E211 and E214. 3. Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owners and manager of the development. The improvements shall comply with the requirements of Amendment Application No. 2001-06 including landscaping. 4. Any amendment to this minor exception 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. 5. The conditional use permit shall be reviewed at six months, nine months, and one year. 6. The proposed professional trade school shall focus on health care and computer training programs. The hours of operation shall be from 8:00 a.m. to 9:00 p.m. Exhibit A • Resolution No. 2008-21 Page 5 of 6 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second Floor, Santa Ana, California 92701. I served the foregoingg document described as: Resolution No. 2008-21 (Conditional Use Permit No. 2008-10)_in this action y p acing a true copy t ereof enc ohm sea e enve opes a resse as follows: Garo Nazarian Sima Shidfar 109 East Harvard, #306 North Park Plaza LLC Glendale, CA 91205 1125 East Seventeenth Street, #N559 Santa Ana, CA 92701 ~ ~ I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by EMAIL transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on July 29, 2008 at Santa Ana, California. MA THA RAMI Resolution No. 2008-21 Page 6 of 6