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HomeMy WebLinkAbout2007-42• KO -12/4/07 RESOLUTION NO. 2007-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2006-12 TO ALLOW A RECREATIONAL FACILITY IN THE SPECIFIC DEVELOPMENT NO. 4 (SD-4) ZONING DISTRICT AND MINOR EXCEPTION 2006-04 FOR PARKING FOR THE PROPERTY LOCATED AT 2100 WEST ALTON 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. The applicant, the YMCA located at 2100 West Alton Avenue has filed Conditional Use Permit No. 2006-12 seeking to allow a recreational facility in Specific Development No. 4 (SD-4) Zoning District, and has filed Minor Exception 2006-04 seeking to allow the YMCA to share parking with the future Christ Our Savior Cathedral Parish. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on December 10, 2007 on Conditional Use Permit No. 2006-12 and Minor Exception No. 2006-04. C. The applicant is requesting approval of Conditional Use Permit No. 2006- 12 to allow a recreational facility in Specific Development No. 4 (SD-4) Zoning District for the property located at 2100 West Alton Avenue. 1. Specific Development No. 4 (SD-4) allows recreational facilities subject to the issuance of a conditional use permit. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. i. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed YMCA facility will provide much needed recreational programs to an area of the City that is currently under served by similar providers. The construction of the facility near schools and residential neighborhoods will allow both children and adults the opportunity to walk to this location and obtain after school care and other recreational services. Resolution No. 2007-42 Page 1 of 11 • ii. 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 or safety of persons living or working in the area, as one of the goals of the YMCA is to provide programs that benefit the overall health and welfare of persons living and working in the neighborhood. Additionally, the building has been architecturally designed to be compatible with the surrounding low-density residential development. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use is compatible with the surrounding uses and will not adversely affect the economic viability in the area. The economic viability of the area will increase due to the new construction in the area. iv. Will the proposed use comply with the regulations and • conditions specified in Chapter 41 for such use? The YMCA facility will be in compliance with the regulations and conditions identified in Chapter 41 of the Santa Ana Municipal Code as well as the provisions found within the Specific Development No. 4 zoning district. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed community service center will not adversely affect the General Plan, as the proposed project is consistent with the goals and objectives of the Low-Density Residential (LR7) General Plan designation D. Minor Exception 2006-04 has been filed with the City of Santa Ana seeking to allow the YMCA to share parking with the future Christ Our Savior Cathedral Parish. 1. Santa Ana Municipal Code Section 41-638.1 authorizes the Planning Commission to grant a minor exception upon making certain findings. Will the uses on the premises of the new Catholic Church provide no conflict between parking for one use and parking Resolution No. 2007-42 Page 2 of 11 • for another use due to differences in time between the primary utilization of parking as between such uses? As conditioned, the YMCA building will only be utilized when the Cathedral Parish, the highest parking generator on the site, is not being utilized. This is consistent with the proposed operation plan of the new parish. Will the effect of granting the exception substantially increase difficulties of vehicular maneuverability or traffic congestion? As conditioned and designed, the on and off-site circulation will not be impacted by the granting of shared parking between the on-site uses of the property. E. After completion of Environmental Review No. 03-233, a Mitigated Negative Declaration and Mitigation Monitoring Program was filed and adopted by the Planning Commission on January 4, 2004 for this project pursuant to the California Environmental Quality Act. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby, approves Conditional Use Permit No. 2006-12 as conditioned • in Exhibit "A" attached hereto and incorporated herein and approves Minor Exception 2006-04 as conditioned in Exhibit "B" attached hereto and incorporated herein. ADOPTED this 10th day of December, 2007 by the following vote: AYES: Commissioners: Betancourt, Gartner, Leo, Mill, Munoz (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete, De La Torre (2) ABSTENTIONS: Commissioners: None (0) Christopl~r L'eo Chairm n Resolution No. 2007-42 Page 3 of 11 • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney r ,~M By: Kylee O. O, Deputy Cit Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2007-42 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 10, 2007. Date: ~ ~ ~~~ Clerk of the Planning Commi n City of Santa Ana Resolution No. 2007-42 Page 4 of 11 • Conditions for Approval for Conditional Use Permit No 2006-12 Conditional Use Permit No. 2006-12 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 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. Planning Division 1. All proposed site improvements, including all landscaping as shown on the site plan, must conform to the Site Plan review approval of DP No. 03-62. 2. The hours of operation for the facility are limited to 5:30 a.m. to 10:00 p.m., Monday through Friday, from 7:00 a.m. to 7:00 p.m. on Saturday, and from 12:00 p.m. to 7:00 p.m. on Sunday. Any modification to these hours of operation must be submitted to the Planning Division for review and approval and may require the approval of the Planning Commission. 3. The operator or owner will remove any graffiti occurring on the premises within 24 hours. 4. Signage is limited to one non-illuminated monument sign (with exterior up lighting) not exceeding five feet in height and back lit or non-illuminated wall signs. 5. There shall be no exterior vending machines or pay phones on the premises. 6. After project occupancy, landscaping is to be maintained to include the minimum levels of plant materials installed at the time of occupancy. 7. The use is limited to a community membership recreation facility. No thrift shops, food distribution programs or similar programming may occur out of the premises. 8. After project occupancy, landscaping is to be maintained to include the minimum levels of plant materials installed at the time of occupancy. Exhibit A Resolution No. 2007-42 Page 5 of 11 • Mitigation Measures Grading plans for the proposed project shall reflect the following notes: 9. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. 10. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 11. Streets surrounding the project site should be cleaned at the end of each day of construction. 12. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 13. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. • 14. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 15. To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. 16. If cultural resources are encountered during construction activities, all construction operations shall cease in the location of the finding and the City's Environmental Coordinator shall be notified. A qualified archaeologist must be contacted to identify and evaluate the materials and to design and implement any mitigating measures found to be justified. No construction activities shall resume until authorization is obtained from the City's Planning Manager. 17. Prior to any earth-moving activity in the parcel, a vertebrate paleontologist retained by the developer and approved by the City of Santa Ana shall develop a storage agreement with the LACMVP, the County of Orange paleontologic collection storage facility, or another acceptable museum repository to allow for the permanent storage and maintenance of any fossil remains recovered in the parcel as a result of the monitoring program, and for the archiving of associated specimen data and corresponding geologic and geographic site data at the museum • repository. Resolution No. 2007-42 Page 6 of 11 • 18. The paleontologist shall develop a mitigation plan and a discovery clause/treatment plan that, when implemented during earth-moving activities in the parcel, shall allow for the recovery and subsequent treatment of any fossil remains and associated specimen and site data uncovered by these activities. 19. The paleontologist and a paleontologic construction monitor shall attend a pregrading meeting to explain the monitoring program to grading contractor staff and to develop procedures and lines of communication to be implemented if fossil remains are uncovered by earth-moving activities, particularly when a monitor is not on site. 20. Paleontologic monitoring of earth-moving activities (particularly trenching) will be conducted by the monitor on a full-time basis once these activities have exceeded a depth five feet below current grade. Earth-moving activities in areas of the parcel where previously undisturbed strata will be buried but otherwise not disturbed shall not be monitored. Monitoring shall include the inspection of debris piles generated by trenching and other earth-moving activities at depths greater than five feet below current grade. 21. If fossil remains are found by the monitor, earth-moving activities will be diverted temporarily around the fossil site until the remains have been recovered and these activities allowed to proceed through the site by the monitor. 22. If too few or no fossil remains are found after 50 percent of earth-moving activities in areas of the parcel underlain by a particular rock unit have been completed, monitoring can be reduced or discontinued in the remaining areas of the parcel where underlain by the same rock unit. 23. If fossil remains are encountered by earth-moving activities when the monitor is not on site, these activities shall be diverted around the fossil site and the monitor called to the site immediately to recover the remains. 24. If fossil remains are found, up to 6,000 pounds (3 tons) of fossiliferous rock shall be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit. The total weight of all processed samples from the parcel shall not exceed 6,000 pounds. 25. Any recovered fossil remains shall be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then shall be curated (assigned and labeled with museum repository fossil specimen numbers Resolution No. 2007-42 Page 7 of 11 • and corresponding fossil site numbers, as appropriate; placed in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, and associated speamen data and corresponding geologic and geographic site data shall be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains then shall be accessioned into the museum repository fossil collection, for permanent storage, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. 26. A final report of results and findings shall be prepared by the paleontologist for submission to the City of Santa Ana and the museum repository following accessioning of the proposed project fossil collection into the museum repository fossil collection. The report shall describe the geology and stratigraphy of the parcel, summarize field and laboratory methods used, include a faunal list and an inventory of catalogued fossil specimens, evaluate the scientific importance of the specimens, and discuss the relationship of any newly recorded fossil site in the parcel to relevant fossil sites previously recorded from the fossil-bearing rock unit in the parcel vicinity and from correlative rock units in other regions. 27. Prior to the issuance of a grading permit the applicant shall submit for review and approval a surface drainage/grading plan/erosion control plan, prepared by a registered Civil Engineer, showing the direction and means of flow to adjacent streets. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. 28. A final design geotechnical report shall be prepared for the proposed project to provide structure-specific geotechnical recommendations. The final report shall address all issues initially covered in the Preliminary Geotechnical Report prepared for the Armstrong Ranch Development Project. Final recommendations on earthwork, spread footings with slabs- on-grade, reinforced mat foundations, post-tensioned mats, friction piles, cathedral retaining (basement) walls, and measures to address soil corrosion shall be identified. The final report shall specify foundation recommendations to ensure issues associated with underlying soft, compressible clay soils are addressed. Construction of the project shall comply with all recommendations in the final geotechnical report. 29. Prior to the issuance of grading permits, the project applicant shall provide proof of coverage under NPDES General construction Activity Storm Water Permit, which includes a copy of the project permit number and two copies of the Storm Water Pollution Prevention Plan. Resolution No. 2007-42 Page 8 of 11 • 30. Prior to the issuance of grading permits, the project applicant shall have approved a surface drainage/utility plan that depicts all applicable Site Design, structural Source Control and Treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). 31. Provide two copies of the Water Quality Management Plan (WQMP) that includes a Site Assessment, Site Design BMP's, Applicable Routine Source Control BMP's, selection and sizing of the Treatment Control BMP's, and an Operation and Maintenance Plan to describe the long-term operation, maintenance and funding requirements of all applicable Structural BMP's and to identify the entity in charge of implementation. 32. The proposed project would be subject to City of Santa Ana Federal Clean Water Protection Enterprise Fees. 33. Prior to issuance of a grading permit, the project applicant shall submit a final surface water runoff evaluation for review and approval showing existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. 34. Prior to the issuance of grading permits, the project applicant shall • coordinate with the City of Santa Ana Water Department regarding the depths, locations and sizes of proposed water distribution facilities. 35. Water conservation measures recommended by the State Department of Water Resources and applicable state laws requiring the use of water- efficient plumbing fixtures and recommendations for low-water-using landscape shall be incorporated into the project design as appropriate. Resolution No. 2007-42 Page 9 of 11 • Conditions for Approval for Minor Exception No 2006-04 Minor Exception No. 2006-04 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 remain in compliance with all conditions listed below throughout the life of the minor exception. Failure to comply with each and every condition may result in the revocation of the minor exception. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this minor exception. Planning Division 1. All proposed site improvements, including all landscaping as shown on the site plan, must conform to the Site Plan review approval of DP No. 03-62. 2. The hours of operation for the facility are limited to 5:30 a.m. to 10:00 p.m., Monday through Friday, from 7:00 a.m. to 7:00 p.m. on Saturday, and from 12:00 p.m. to 7:00 p.m. on Sunday. Any modification to these hours of operation must be submitted to the Planning Division for review • and approval and may require the approval of the Planning Commission. 3. The additional 100 parking spaces on the church property must be constructed and completed prior to issuance of a certificate of occupancy for the YMCA. 4. A parking easement between the Diocese of Orange and the YMCA to allow off-site parking must be recorded prior to certificate of occupancy for the YMCA. n U Resolution No. 2007-42 Page 10 of 11 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 2"d Santa Ana, California 92702. I served the foregoingg document described as: Resolution No. 2007-42 (Conditional Use Permit No. 2006-12 and Minor Excep ion o. - in this actio~~acmg a true copy t ereo enc ose in sea a enve opes a ressed as follows: Jon Voget YMCA of Orange County 13821 Newport Avenue, Suite 200 Tustin, CA 92780 [ ] 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 facsimile 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 January 29, 2008 at Santa Ana, California. MARTHA RAMIREZ • Resolution No. 2007-42 Page 11 of 11