Loading...
HomeMy WebLinkAbout20121210_2012-17_1115ESecondSt• RESOLUTION NO. 2012-17 ROH - 12/10/12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012-27 AS CONDITIONED TO ALLOW A HUB FACILITY FOR TIME WARNER CABLE IN THE TRANSIT ZONING CODE (SD-84) ZONING DISTRICT FOR THE PROPERTY LOCATED AT 1115 EAST SECOND 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- 27 to allow a new hub facility to be built for Time Warner Cable in the Transit Zoning Code (SD-84) zoning district for the property located at 1115 East Second Street. B. Conditional Use Permit No. 2012-27 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on December 10, 2012. C. Santa Ana Municipal Code Section 41-2007 requires a conditional use permit for a public utility structure in the Transit Zoning Code (SD-84) zoning district. 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 proposed facility is a public utility structure that will provide enhanced and upgraded cable, Internet and telephone services to residents of the City and the region, thereby allowing Time Warner to more efficiently meet the growing demand for their services. • 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. Resolution No. 2012-17 Page 1 of 4 • The proposed hub facility will not be detrimental to persons residing or working in the area as the facility is located within an area of the City that allows communication facilities such as the one proposed. Further, the facility will primarily be an unmanned facility with the exception of a small office component of the building. Improvements will be made to the site that will bring the site into compliance with applicable development standards. Finally, conditions have been placed on the project that will mitigate any negative or adverse impacts created by the use that could otherwise affect the health, safety, or general welfare of the surrounding residences and businesses. 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 existing site is vacant with the exception of a 1,045 square foot unmanned facility and is proposed to be occupied by a use that is consistent with the zoning for the property. The use of the site, in • conjunction with the substantial improvements to the architecture and landscaping on 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 as well as the Transit Zoning Code. Site improvements are proposed to the entire site that will bring the site into compliance with the Zoning Code. 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 project is consistent with several goals and policies of the document. Land Use Element Goal 1 encourages development that promotes the balance of land uses to address basic community needs, Goal 3 encourages projects that preserve and improve the character and integrity of neighborhoods, Policy 2.10 encourages new development which is harmonious in scale and character with existing development in the area, and Policy 4.3 which • supports land uses that provide community and regional economic and service benefits. Resolution No. 2012-17 Page 2 of 4 • E. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15332. This Class 32 exemption allows infill development projects that are consistent with the zoning and general plan, are on sites less than five acres in size, and will not have any significant effects related to traffic, noise air or water quality. Categorical Exemption Environmental Review No. 2011-65 will be filed for this project. Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2012-27, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a new hub facility to be built for Time Warner Cable in the Transit Zoning Code (SD-84) zoning district for the property located at 1115 East Second Street. 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 December 10, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of December, 2012 by the following vote: • AYES: Commissioners: Acosta, Alderete, Gartner, Mill, Yrarrazaval (5) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Nalle (1) • Resolution No. 2012-17 Page 3 of 4 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney • • • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2012-17 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 10, 2012. Date: ~ _ ~ l- /~ r,,~ j ~'~/! s Clerk o t~ f he Planning'Comm+ ion City of Santa Ana Resolution No. 2012-17 Page 4 of 4 • EXHIBIT A Conditions for Conditional Use Permit No 2012-27 Should the Planning Commission approve Conditional Use Permit No. 2012-27, 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 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 improvements must conform to the Site Plan Review approval of DP No. 20112-25 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 site occupant shall be responsible for maintaining the premises free from graffiti. All graffiti shall be removed within 24 hours. 4. Prior to submittal into building plan check, working drawings for the landscape plan shall be submitted to the Planning Division for review and approval. 5. Once installed, landscaping shall be maintained on the premises at all times. 6. Prior to building permit issuance, a lot merger to consolidate the lots shall be applied for and be approved. • • B. Police Department All structures and parking lot shall comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require the projects lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Security cameras shall be installed on the exterior of the building. (Request for modification by the Planning Commission on December 10, 2012.) • •