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HomeMy WebLinkAbout20131028_2013-28_2110SYaleStROH - 10/28/13 RESOLUTION NO. 2013 -28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2013 -42 AS CONDITIONED TO ALLOW A DOG KENNEL IN THE LIGHT INDUSTRIAL (M1) ZONING DISTRICT FOR THE PROPERTY LOCATED AT 2110 SOUTH YALE 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. 2013- 42 to allow a dog kennel in the Light Industrial (M1) zoning district for the property located at 2110 South Yale Street. B. Conditional Use Permit No. 2013 -42 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on October 28, 2013. C. Santa Ana Municipal Code Section 41- 472.5(e) allows kennels for the temporary care and lodging of dogs and other domesticated household animals in the M1 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 Buff Dog Kennel will provide a service that will contribute to the general well -being of the community. The proposed dog kennel will contribute to the well -being of the community by assisting in diversifying the range of services available to residents, especially those residing in the south and west sections of the City. Further, the proposed kennel is best suited within a larger building that is typically found in the City's industrial zoning districts. 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. 2013 -28 Page 1 of 4 The proposed Buff Dog Kennel will not be detrimental to those working in the area as the kennel will operate within a completely enclosed building, thereby minimizing potential impacts such as noise on the surrounding tenants. Conditions of approval have been incorporated into the project approvals that will minimize impacts to the surrounding industrial properties. 3. That the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area. The expansion project will not adversely affect the economic viability of the area. The proposed dog kennel will result in a positive addition to the surrounding area and will complement and improve the economic viability of the area as the use will reoccupy a vacant industrial building, thereby reducing the vacancy rate of the area and identifying the area as a stable location for economic investment. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed project will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code and all other provisions that are applicable to a kennel use. 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. The Buff dog Kennel is consistent with the General Plan's Land Use Element goals and policies. Goal 1 promotes a balance of land uses to address basic community needs, Goal 2 promotes land uses which enhance the City's economic and fiscal viability, and Goal 3 promotes development that preserves and improves the character and integrity of neighborhoods. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2012 -73 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. 2013 -42, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a dog kennel in the M1 zoning district for the property located at 2110 South Yale Street. This decision is based upon the evidence submitted at the above said hearing, which Resolution No. 2013 -28 Page 2 of 4 includes, but is not limited to: the Request for Planning Commission Action dated October 28, 2013, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28TH day of October, 2013 by the following vote: AYES: Commissioners: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Chairman APPROVED AS TO FORM: Sonia R,.G?rvalho, City Attorney Ryan O. fiddge ey CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013 -28 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 28. 2013. a Date: Clerk of the 01-anning Commi _ ion City of Santa Ana Resolution No. 2013 -28 Page 3 of 4 EXHIBIT A Conditions for Conditional Use Permit No 2013 -42 Conditional Use Permit No. 2013 -42 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 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. 2013 -27 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. Landscaping, once installed, shall be maintained per the approved landscape plan. 4. The site occupant shall be responsible for maintaining the premises free from graffiti. All graffiti shall be removed within 24 hours. 5. In order to minimize impacts to adjacent tenants, all dog training shall be conducted within an enclosed building. 6. Prior to issuance of a building permit, a waste management plan shall be submitted to the Planning Division for review and approval. 7. Prior to issuance of a certificate of occupancy, the existing trash enclosure shall be rebuilt and constructed to City standards. Resolution No. 2013 -28 Page 4 of 4