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HomeMy WebLinkAbout20120813_2012-07_1901NFairviewStn lJ ROH - 08/13/12 RESOLUTION NO. 2012-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012-17 AS CONDITIONED TO ALLOW A SCHOOL IN THE PROFESSIONAL (P) ZONING DISTRICT AND VARIANCE NO. 2012-06 AS CONDITIONED TO ALLOW A REDUCTION IN PARKING AND A STRUCTURE AND FENCE THAT EXCEED THE MAXIMUM HEIGHT LIMITS FOR THE PROPERTY LOCATED AT 1901 NORTH FAIRVIEW 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. The applicant is requesting approval of Conditional Use Permit No. 2012- 17 to allow the construction of The Academy Charter High School in the Professional (P) zoning district and Variance No. 2012-06 to allow a • parking reduction and structure and fence that both exceed the maximum height limits for the property located at 1901 North Fairview Street. B. Conditional Use Permit No. 2012-17 and Variance No. 2012-06 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on August 13, 2012. C. Santa Ana Municipal Code Section 41-313.5(c) allows a school use in the Professional (P) zoning district subject to the issuance of a conditional use permit. D. Santa Ana Municipal Code Section 41-638(a)(1) authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. That the proposed use will provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The project will provide a service or facility which will contribute to the community. The Academy Charter High School is designed to meet the educational needs of foster youth by providing these special young people with a high quality high school education and firm base of support. It will provide County teens and other educationally at -risk youth • with a solid foundation for life, instilling in them the skills and confidence needed to live healthy and productive lives. Resolution No. 2012-07 Pape 1 of 8 • 2. That the proposed use will 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 Academy will not be detrimental to persons residing or working in the area as the project has been designed to address potential issues such as traffic, parking, noise and lighting. The school has been designed to be separated from the adjacent residential uses by a perimeter block wall, which will minimize the impacts to the persons residing nearby. Additionally, the campus design enables the site to be secured during off hours. 3. That the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area but will instead identify the site as a viable site to conduct business. The site was previously occupied by medical and hospital uses that vacated the site and left the property in a state of disrepair. The Academy will help revitalize the area by providing a new high school campus on a vacant parcel of land. The reuse of the site, in • conjunction with the improvements that will be made to the site, will enhance the economic viability of the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The use will be in compliance with all regulations and provisions of Chapter 41 (Zoning Code) of the Santa Ana Municipal Code, with the exception of parking, building height and fence height. An application for variances from these standards is being processed concurrently with the conditional use permit. 5. That the proposed use will adversely affect the General Plan or any specific plan of the City. The proposed use will not adversely affect the General Plan as the school is consistent with several goals of the General Plan. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs, Goal 3 supports projects that improve the character and integrity of neighborhoods, and Goal 5 ensures that the impacts of development are mitigated. Finally, the project complies with Goal 1 of the Educational Element to provide sufficient educational services and • facilities to meet the City's needs Resolution No. 2012-07 Paqe 2 of 8 • E. Variance No. 2012-05 (a) has been filed with the City of Santa Ana seeking to reduce the required parking from 277 parking spaces to 146 parking spaces. Santa Ana Municipal Code Section 41-1401 requires one (1) space per 150 feet of classroom area, one (1) space per 333 square feet of office area, and one (1) space per two (2) beds. F. Santa Ana Municipal Code Section 41-638(a)(2) authorizes the Planning Commission to grant a variance upon making certain findings. 1. 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 the provisions of this chapter. The project site has a special circumstance related to its size, shape and location. Due to the location and constraints of the site, which is surrounded by development, the project is unable to provide the code required parking. To determine an alternate parking demand for the school, a parking and special needs assessment was prepared by the traffic engineering firm of Linscott Law & Greenspan. The study concluded that a maximum parking demand of 146 • would be required for the school, including all staff and residents. Applying the strict letter of the parking code would, in this particular case, deprive the subject property of attracting a use to the property that is otherwise allowed in the P zone and would deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. 2. 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 is necessary for the preservation and enjoyment of substantial property rights. Compliance with the parking standards would prohibit the construction of a needed high school campus for at -risk youths on the premises. The strict application of the standards would result in the need to reduce classroom space for the campus, which would impact the ability of the Orangewood Foundation to provide sufficient learning facilities at this location. Therefore, the granting of the variance will preserve the property owners right to develop a vacant property with a use that is allowed in the zoning district. The new use will help to revitalize the area through the reuse of a vacant property, which will preserve the Resolution No. 2012-07 Pape 3 of 8 property owners right to upgrade, develop and lease their • property. 3. 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 detrimental to the public or surrounding properties as the building and site is proposed to comply with all applicable development standards except for the parking, building height and fence height requirements. The project has been designed to minimize impacts to the adjacent residential properties through site design and conditions of approval. 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan. The Academy Charter High School is consistent with several goals of the General Plan. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs, Goal 3 supports projects that improve the character and integrity of neighborhoods, and Goal 5 ensures that the impacts of development are mitigated. Further, the project is in compliance with Goal 1 • of the Educational Element, which encourages development that provides sufficient educational services and facilities to meet the City's needs. G. Variance No. 2012-06 (b) has been filed with the City of Santa Ana seeking to construct a three-story, forty-seven (47) foot tall classroom structure, and a thirty-seven (37) foot tall gymnasium within 140 feet of residentially used property. Santa Ana Municipal Code Section 41-314(b) establishes the maximum height of buildings to thirty-five (35) feet in height if located within 140 feet of residentially used property. H. Santa Ana Municipal Code Section 41-638(a)(2) authorizes the Planning Commission to grant a variance upon making certain findings. 1. 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 the provisions of this chapter. The project site has a special circumstance related to its size, shape and location. Due to the site being surrounded by development, the applicant is unable to obtain additional land to build structures that are lower in height. And, it is • unfeasible to construct a gymnasium facility with a lower Resolution No. 2012-07 Pape 4 of 8 • ceiling due to the types of activities occurring in the structure, which require high ceiling. And, the granting of the height variance will allow the construction of a gymnasium use that is typically found on a high school campus. As a result, special circumstances exist that warrant a variance. 2. 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 is necessary for the preservation and enjoyment of substantial property rights. Compliance with the building height standard would prohibit the construction of a needed high school campus for at -risk youths on the premises. The strict application of the standards would result in a reduction in square footage for the campus, which would make the school unfeasible at this location. The granting of the variances will preserve the property owners right to develop a vacant property with a use that is allowed in the zoning district and revitalize the area through the reuse of a vacant property, which will preserve the property owners right to upgrade, develop and lease their property. 3. 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 detrimental to the public or surrounding properties as the building and site is proposed to comply with all applicable development standards except for the parking, building height and fence height requirements. The project has been designed to minimize impacts to the adjacent residential properties through site design and conditions of approval. 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan. The project is consistent with several goals of the General Plan. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs, Goal 3 supports projects that improve the character and integrity of neighborhoods, and Goal 5 ensures that the impacts of development are mitigated. Further, the project is consistent with Goal 1 of the Educational Element, which encourages development that provides sufficient educational services and facilities to meet the City's needs. Approval of the variance will allow the • construction of a new high school that will serve the needs of at -risk youths in the community. Resolution No. 2012-07 Page 5 of 8 • I. Variance No. 2012-05 (c) has been filed with the City of Santa Ana seeking to install a six (6) foot high wall along the property line to separate the site from the residential uses to the east. Santa Ana Municipal Code Section 41-322 limits the height of perimeter walls to 42 inches in height if within twenty (20) feet of a property line abutting a street. J. Santa Ana Municipal Code Section 41-638(a)(2) authorizes the Planning Commission to grant a variance upon making certain findings. 1. 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 the provisions of this chapter. The project site has a special circumstance related to its size, shape and location. Due to the location of the site, which is surrounded by residential development, an existing six foot high wall currently exists around the project perimeter. This wall served to separate the former hospital and office uses from the surrounding residences. Due to the location of a street at the east (rear) of the property, the maximum allowable fence height is 42 inches. A variance • from the fence height standard will allow the adjacent residences to maintain their privacy and minimize impacts such as light and noise by allowing the existing six foot high fence to remain. 2. 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 is necessary for the preservation and enjoyment of substantial property rights. Compliance with the fence height standard would prohibit the operation of a needed high school campus for at -risk youths on the premises and would subject the adjacent residential uses to potential impacts such as noise, light intrusion, parking intrusion and trespassing. Additional, a reduced fence height would result in trespassing onto the high school campus. The granting of the variance will preserve the property owners right to develop a vacant property with a use that is allowed in the zoning district. 3. 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 detrimental to the public or surrounding properties as the building and site has • been designed to comply with all applicable development Resolution No. 2012-07 Pape 6 of 8 • standards except for the parking, building height and fence height requirements. The project has been planned to minimize impacts to the adjacent residential properties through site design and conditions of approval. 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan. The Academy Charter High School is consistent with several goals of the General Plan. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs, Goal 3 supports projects that improve the character and integrity of neighborhoods, and Goal 5 ensures that the impacts of development are mitigated. In addition, the project is in compliance with Goal 1 of the Educational Element, which encourages development that provides sufficient educational services and facilities to meet the City's needs. Section 2. In accordance with the California Environmental Quality Act, Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011-74, has been prepared for this project. The Planning Commission has reviewed and considered the information contained in the Mitigated Negative • Declaration and Mitigation Monitoring Program, Environmental Review No. 2011-74, prepared with respect to this project, and has determined that the Mitigated Negative Declaration and Mitigation Monitoring Program adequately addresses the expected environmental impacts of the project. On the basis of this review, the Planning Commission finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. Thus, the Planning Commission hereby certifies and approves the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011-74. Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves for the property located at 1901 North Fairview Street: 1. Conditional Use Permit No. 2012-17, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a school use in the Professional (P) zoning district. 2. Variance No. 2012-06 (a), as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a reduction in required parking for the high school. 3. Variance No. 2012-05 (b), as conditioned in Exhibit "C" attached hereto and incorporated herein, to exceed the allowable building height. 4. Variance No. 2012-05 (c), as conditioned in Exhibit "D" attached • hereto and incorporated herein, to exceed the allowable fence height. Resolution No. 2012-07 Paqe 7 of 8 • 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 August 13, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. 0 ADOPTED this 13th day of August, 2012 by the following vote: AYES: Commissioners: Acosta, Alderete, Gartner, Mill, Nalle, Yrarrazaval(6) NOES: Commissioners: None (0) ABSENT: Commissioners: Turner (1) ABSTENTIONS: Commissioners: None (0) Eric Alde�ete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: I Ryan O. fi9dge CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2012-07 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 13, 2012 Date: • Clerk -of the Planning Cbmmiss' City of Santa Ana Resolution No. 2012-07 Page 8 of 8 • EXHIBIT A Conditions for Conditional Use Permit No 2012-17 Should the Planning Commission approve Conditional Use Permit No. 2012-17, the approval is 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 belowrip 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 improvements must conform to the Site Plan Review approval of DP No. 2011-31 and the staff report exhibits. 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 variance must be amended. 3. The occupancy of the on-site housing units shall be limited to students attending the school, houseparent's of the family units, and the children of the houseparent's. No other occupants are permitted on the premises. 4. Prior to issuance of building permits, a Student Vehicle Registration Program shall be submitted for review and approval. The Program needs to be designed to restrict parking to approximately 80 student drivers commuting to the campus on a regular basis. 5. Prior to issuance of building permits, a Parking Management Plan identifying off-site parking for special events needs to be approved by the Planning Division. Any reciprocal parking agreement associated with the Plan must also be secured prior permit issuance. 6. Prior to issuance of building permits, the lot merger for the project shall be recorded. 0 • AUGUST 13, 2012 PAGE 2OF2 B. Police Department 1. Prior to issuance of building permits, provide a security plan which describes how the students will be supervised while living on campus. The security plan shall include the use of security personnel and cameras. 2. Knox box access for Police personnel shall be provided at all exterior gates and at the entrances to the common areas of the residential units and/or buildings. 11 r� LJ • EXHIBIT B Conditions for Variance No 2012-06 (a) Should the Planning Commission approve Variance No. 2012-06 (a), the approval is 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 belowrip 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 improvements must conform to the Site Plan Review approval of DP No. 2011-31 and the staff report exhibits. 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 variance must be amended. 3. The occupancy of the on-site housing units shall be limited to students attending the school, houseparent's of the family units, and the children of the houseparent's. No other occupants are permitted on the premises. 4. Prior to issuance of building permits, a Student Vehicle Registration Program shall be submitted for review and approval. The Program needs to be designed to restrict parking to approximately 80 student drivers commuting to the campus on a regular basis. 5. Prior to issuance of building permits, a Parking Management Plan identifying off-site parking for special events needs to be approved by the Planning Division. Any reciprocal parking agreement associated with the Plan must also be secured prior permit issuance. 6. Prior to issuance of building permits, the lot merger for the project shall be recorded. 0 • AUGUST 13, 2012 PAGE 2OF2 B. Police Department 1. Prior to issuance of building permits, provide a security plan which describes how the students will be supervised while living on campus. The security plan shall include the use of security personnel and cameras. 2. Knox box access for Police personnel shall be provided at all exterior gates and at the entrances to the common areas of the residential units and/or buildings. 0 0 • EXHIBIT C Conditions for Variance No 2012-06 (b) Should the Planning Commission approve Variance No. 2012-06 (b), the approval is 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 belowrip 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 improvements must conform to the Site Plan Review approval of DP No. 2011-31 and the staff report exhibits. 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 variance must be amended. 3. The occupancy of the on-site housing units shall be limited to students attending the school, houseparent's of the family units, and the children of the houseparent's. No other occupants are permitted on the premises. 4. Prior to issuance of building permits, a Student Vehicle Registration Program shall be submitted for review and approval. The Program needs to be designed to restrict parking to approximately 80 student drivers commuting to the campus on a regular basis. 5. Prior to issuance of building permits, a Parking Management Plan identifying off-site parking for special events needs to be approved by the Planning Division. Any reciprocal parking agreement associated with the Plan must also be secured prior permit issuance. 6. Prior to issuance of building permits, the lot merger for the project shall be recorded. C� • AUGUST 13, 2012 PAGE 2OF2 B. Police Department 1. Prior to issuance of building permits, provide a security plan which describes how the students will be supervised while living on campus. The security plan shall include the use of security personnel and cameras. 2. Knox box access for Police personnel shall be provided at all exterior gates and at the entrances to the common areas of the residential units and/or buildings. 0 I* EXHIBIT D Conditions for Variance No 2012-06 (c) Should the Planning Commission approve Variance No. 2012-06 (c), the approval is 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 prior 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 improvements must conform to the Site Plan Review approval of DP No. 2011-31 and the staff report exhibits. 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 variance must be amended. 3. The occupancy of the on-site housing units shall be limited to students attending the school, houseparent's of the family units, and the children of the houseparent's. No other occupants are permitted on the premises. 4. Prior to issuance of building permits, a Student Vehicle Registration Program shall be submitted for review and approval. The Program needs to be designed to restrict parking to approximately 80 student drivers commuting to the campus on a regular basis. 5. Prior to issuance of building permits, a Parking Management Plan identifying off-site parking for special events needs to be approved by the Planning Division. Any reciprocal parking agreement associated with the Plan must also be secured prior permit issuance. 6. Prior to issuance of building permits, the lot merger for the project shall be recorded. 0 • AUGUST 13, 2012 PAGE 2OF2 B. Police Department 1. Prior to issuance of building permits, provide a security plan which describes how the students will be supervised while living on campus. The security plan shall include the use of security personnel and cameras. 2. Knox box access for Police personnel shall be provided at all exterior gates and at the entrances to the common areas of the residential units and/or buildings. 0