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HomeMy WebLinkAbout2007-39• RESOLUTION NO. 2007-39 KO- 11 /20/07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2007-22 AS CONDITIONED TO ALLOW A PRIVATE SCHOOL; AND VARIANCE NO. 2007-10 AS CONDITIONED TO ALLOW A REDUCTION IN LANDSCAPE SETBACKS AND VARIANCE NO. 2007-12 AS CONDITIONED TO ALLOW A REDUCTION IN STREET FRONTAGE FOR THE PROPERTY LOCATED AT 601 NORTH BAKER STREET 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. 2007-22 to allow a private school; and Variance No. 2007-10 to allow a reduction in landscape setbacks and Variance No. 2007-12 as conditioned to allow a reduction in street frontage for the property located at 601 North Baker Street. B. Conditional Use Permit No. 2007-22, Variance No. 2007-10 and Variance No. 2007-12 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on November 26, 2007. C. Conditional Use Permit No. 2007-22 has been filed with the City of Santa Ana seeking to allow a private school within the Single-Family Residence (R1) district. 1. Pursuant to Santa Ana Municipal Code Section 41-6232.5, private schools may be permitted in the R1 district 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. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? • The private school will contribute to the general well being of the neighborhood by providing a less intense Resolution No. 2007-39 Page 1 of 10 • private school use within an existing residential neighborhood. Conditions have been placed on the project that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 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 private school will provide a service to the community by providing technical assistance in career development to residents of Santa Ana. Conditions of approval will require the use to maintain a safe parking environment that will mitigate any potential unforeseen impacts that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The site as developed is suitable for the proposed use. The private school identifies this site as a viable property as it is converting a long vacant building into a business that will generate employment for the community, thereby contributing to the economic stability of surrounding properties in the area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? With approved variances for setbacks and fencing, the proposed use will be in compliance with the applicable sections of Chapter 41 of the Santa Ana Municipal Code. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed building is located in a Low Density Residential (LR) General Plan land use area. The proposed use as designed will not adversely affect the General Plan as private schools are permitted • within Low Density Residential designation. In addition, the project meets the goals and policies Resolution No. 2007-39 Page 2 of 10 • established in the Land Use Element of the General Plan as the project will be enhance the integrity of a residential neighborhood. D. Variance No. 2007-10 has been filed with the City of Santa Ana seeking to reduce the landscaping from the required twenty (20) feet to five (5) feet as required by Section 41-434 of the Santa Ana Municipal Code. 1. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission 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, that 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 the provisions of this Chapter. There are special circumstances applicable to the subject property. The subject site is aself-contained site surrounded by existing residential uses. The setback reduction is necessary due to the existing configuration of the site and the need to maintain adequate parking on the premises. 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 will preserve the property owner's ability to utilize a property that has been vacant since 2001 with a use that is less intense than the previous use and is consistent with the intent of the Single-Family Residential zoning district. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding properties as the project has been designed to preserve the character of the surrounding neighborhood. Further, conditions of approval have been incorporated that will minimize impacts to the surrounding residential neighborhood. Resolution No. 2007-39 Page 3 of 10 • 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 General Plan of the City since the proposed private school has been designed in conformance with City Zoning, Development, and General Plan requirements. E. Variance No. 2007-12 has been filed with the City of Santa Ana seeking to allow an increase in height of the front yard fence from three (3) feet to six (6) feet and to allow the use of chain link fencing in the front yard as required by Santa Ana Municipal Code section 41-610. 1. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission 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, that 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 the provisions of this Chapter. i There are special circumstances applicable to the subject property. The fencing for the site has been in place for several years and has incorporated landscaping to minimize visual impacts. The six-foot high fence and landscaping provide additional security to the site and act as a crime deterrent. Maintaining the six-foot high fence is necessary as it will allow the applicant to maintain a secure business establishment. 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 will preserve the property owner's ability to operate a private school on the property that will be consistent with the intent of the Single-Family Residential zoning district. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Resolution No. 2007-39 Page 4 of 10 • The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding properties as the fence, with the existing landscaping, is in character with the surrounding neighborhood. Further, conditions of approval have been incorporated to maintain the landscaping adjacent to the existing fencing. 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 General Plan of the City since the proposed use has been designed in conformance with City Zoning, Development, and General Plan requirements. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the permitting of existing structures where no expansion is proposed. Categorical Exemption No. 2006-174 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 601 North Baker Street: 1. Conditional Use Permit No. 2007-22, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a private school in the R1 district. 2. Variance No. 2007-10, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a reduction in the front yard setback. 3. Variance No. 2007-12, as conditioned in Exhibit "C" attached hereto and incorporated herein, to allow an increase in the fence height to 6 feet and to allow chain link fencing. 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 November 26, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 26t" day of November, 2007 by the following vote: Resolution No. 2007-39 Page 5 of 10 AYES: Commissioners: Alderete, Betancourt, De La Torre, Leo, Mill, • Munoz (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner (1) ABSTENTIONS: Commissioners: None (0) Christop r Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ...._ ~j Kylee Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-39 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 26, 2007. Date: - -~~ Plan ing Commi ion Se ary City of Santa Ana Resolution No. 2007-39 Page 6 of 10 • Conditions for Approval for Conditional Use Permit No. 2007-22 Conditional Use Permit No. 2007-22 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. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2007-01. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. A minimum six-foot high wall shall be maintained at the north and east property lines to separate this use from the adjacent residential uses. 4. All site lighting shall be designed and located so as not to impact the residential properties north and east of the project. 5. Non-illuminated signs shall only be permitted on the walls of the building. 6. Landscape material shall be upgraded to a minimum of 36-inch box trees and 15-gallon shrubs within the parking lot. 7. Landscaping shall be maintained along the chain link fencing on Baker and Sixth Streets at all times. In the event the landscaping is removed or dies, the chain link fencing shall be replaced with fencing that complies with code. 8. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. Exhibit A Resolution No. 2007-39 Page 7 of 10 Conditions for Approval for Variance No. 2007-10 Variance No. 2007-10 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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 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. Plannin4 Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2007-01. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. A minimum six-foot high wall shall be maintained at the north and east property lines to separate this use from the adjacent residential uses. 4. All site lighting shall be designed and located so as not to impact the residential properties north and east of the project. 5. Non-illuminated signs shall only be permitted on the walls of the building. 6. Landscape material shall be upgraded to a minimum of 36-inch box trees and 15-gallon shrubs within the parking lot. 7. Landscaping shall be maintained along the chain link fencing on Baker and Sixth Streets at all times. In the event the landscaping is removed or dies, the chain link fencing shall be replaced with fencing that complies with code. 8. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. Exhibit B Resolution No. 2007-39 Page 8 of 10 • Conditions for Approval for Variance No. 2007-12 Variance No. 2007-12 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2007-01. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. A minimum six-foot high wall shall be maintained at the north and east property lines to separate this use from the adjacent residential uses. 4. All site lighting shall be designed and located so as not to impact the residential properties north and east of the project. 5. Non-illuminated signs shall only be permitted on the walls of the building. 6. Landscape material shall be upgraded to a minimum of 36-inch box trees and 15-gallon shrubs within the parking lot. 7. Landscaping shall be maintained along the chain link fencing on Baker and Sixth Streets at all times. In the event the landscaping is removed or dies, the chain link fencing shall be replaced with fencing that complies with code. 8. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. Exhibit C Resolution No. 2007-39 Page 9 of 10 • 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 Floor, Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2007-39 (Conditional Use Permit No. 2007-22 and Variance Nos. - an - in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Ilona Martin/Luis Marmol PO Box 2696 Newport Beach, CA 92659 [ ] 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 December 11, 2007 at Santa Ana, California. MART A RAMIREZ Resolution No. 2007-39 Page 10 of 10