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RESOLUTION NO. 2014 -18
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2014 -14 AS CONDITIONED TO ALLOW
AN OVERNIGHT DELIVERY OPERATION IN THE LIGHT
INDUSTRIAL (M1) ZONING DISTRICT FOR THE
PROPERTY LOCATED AT 1951 EAST CARNEGIE
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 is requesting approval of Conditional Use Permit No. 2014-
14 to allow an overnight delivery operation in the Light Industrial (M1)
zoning district for the property located at 1951 East Carnegie Avenue.
B. Conditional Use Permit No. 2014 -14 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
May 27, 2014.
C. Santa Ana Municipal Code Section 41- 472.5(i) allows establishments that
receive, sort, transfer and ship freight, such as an overnight delivery
service, 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 proposed overnight delivery operation will provide a
service to both individuals and other businesses that wish to
send or receive packages. This will thereby benefit the
community by providing an opportunity to quickly ship
packages used in the normal course of business. Conditions
have been placed on the facility which will mitigate any
potential impacts created by the use and ensure that the use
will not negatively affect the surrounding community.
Resolution No. 2014 -18
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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 proposed overnight delivery operation at this location will
not be detrimental to persons working in the vicinity because
conditions have been placed on the operation that will
mitigate any potential negative or adverse impacts created by
the use. In addition, the use is located within the Light
Industrial (M -1) Zone, consistent with other light
manufacturing uses.
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 allow businesses and
individuals to send or receive packages to the local and
regional consumer. Moreover, the overnight delivery use
allows the industrial base to remain economically viable and
contributes to the overall success of Santa Ana, helping to
decrease the number of vacant tenant spaces that may
affect the economic viability of the site and area.
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use.
As conditioned, the proposed use will be in compliance with
regulations and conditions that are imposed on an overnight
delivery facility pursuant to Chapter 41 of the Santa Ana
Municipal 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.
Policy 2.2 of the Land Use Element encourages land uses
that accommodate the City's needs for goods and services.
Allowance of an overnight delivery facility to ship and receive
packages in a timely manner will assist the local Santa Ana
business community and regional businesses. Further, the
allowance of the facility contributes to the economic success
of the City as a light manufacturing destination. Policy 2.8 of
the Land Use Element promotes the rehabilitation of
commercial properties, and encourages increased levels of
capital investment. The re- tenanting of the vacant industrial
building and tenant improvements further supports this
policy. The project is also consistent with Policy 5.4 of the
Land Use Element, supporting land uses which are
Resolution No. 2014 -18
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consistent with the Land Use Plan of the Land Use Element.
As proposed, the project is consistent with the Industrial
(IND) land use designation.
E. In accordance with the California Environmental Quality Act the
recommended action is exempt from further review per Section
15061(b)(3), which is a general rule exemption where it can be seen with
certainty that there is no possibility that the activity in question may have a
significant effect on the environment. The project will have no significant
effect on traffic, noise, air quality or water quality. Re- tenanting an
existing industrial space with no building expansion would not result in any
effect on the environment. As all public services and facilities are
available at this location to allow the re -use of the industrial space and the
project area is not environmentally sensitive, this exemption is warranted
for this project. Categorical Exemption Environmental Review No. 2014-
15 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. 2014 -14, as
conditioned in Exhibit "A" attached hereto and incorporated herein, to allow an overnight
delivery operation in the M1 zoning district for the property located at 1951 East
Carnegie Avenue. 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 May 27, 2014, and exhibits attached thereto; and the public testimony, all
of which are incorporated herein by this reference.
ADOPTED this 27th day of May, 2014 by the following vote:
AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle,
Yrarrazaval (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
Resolution No. 2014 -18
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ROSA BARELA, Acting Recording Secretary of the Planning Commission, do hereby
attest to and certify the attached Resolution No. 2014 -18 to be the original resolution
adopted by the Planning Commission of the City of Santa Ana on May 27, 2014.
Date: S /d y/) �
Acting Recording Secretary of the
Planning Commission
City of Santa Ana
Resolution No. 2014 -18
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EXHIBIT A
Conditions for Conditional Use Permit No 2014 -14
Conditional Use Permit No. 2014 -14 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.
1. All proposed site improvements must conform to the Site Plan Review approval
of DP No. 2014 -04.
2. Any amendment to this conditional use permit must be submitted to the Planning
Division for review. At this time, staff will determine if administrative relief is
available or the conditional use permit must be amended.
3. Any graffiti painted or marked upon the premises or on any adjacent area under
the control of the licensee(s) shall be removed or painted within 24 hours of
being applied.
4. Prior to issuance of a Certificate of Occupancy, the existing property and
required parking must conform to the provisions of Chapter 8, Article Il, Division 3
of the Santa Ana Municipal Code (Building Security Ordinance). These code
conditions will require that the existing project lighting and addressing be
upgraded to current code standards. Lighting standards cannot be located in
required landscape planters.
5. Prior to issuance of the certificate of occupancy, construct a trash enclosure to
city requirements as approved by the Planning and Building Agency.
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