HomeMy WebLinkAboutRESO 2016-36_1910 W Chestnut Ave (KidWorks Exp)LS 9.26.16
RESOLUTION NO. 2016-36
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2016-35 AS CONDITIONED TO ALLOW
THE EXPANSION OF THE KIDWORKS CHILD CARE
FACILITY INTO AN ADJACENT BUILDING AT THE
PROPERTY LOCATED AT 1910 WEST CHESTNUT
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. Applicant is requesting approval of Conditional Use Permit No. 2016-35 to
allow KidWorks to expand their child care facility into an industrial building
located at 1910 West Chestnut Avenue.
B. Santa Ana Municipal Code Section 41-472.5(c) requires approval of a
conditional use permit for child care facilities within the Light Industrial (M-
1) zoning district. Applicant is proposing to expand an existing child care
facility at 1902 West Chestnut Avenue into a building located at 1910
West Chestnut Avenue.
C. On September 26, 2016, the Planning Commission held a duly noticed
public hearing on Conditional Use Permit No. 2016-35.
D. The Planning Commission of the City of Santa Ana determines that the
following findings, which must be established in order to grant this
Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC)
Section 41-638, have been established for Conditional Use Permit No.
2016-35 to allow for a child care facility:
1. That the proposed use will provide a service or facility which will
contribute to the general well-being of the neighborhood or
community.
The KidWorks child care facility will provide services that
contribute to the well-being of the surrounding community.
The expansion project will allow KidWorks the ability to
provide the resources students need to increase their
educational competence. The project will provide additional
space and amenities needed to serve more children, thus
benefiting the entire neighborhood.
Resolution No. 2016-36
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2. That the proposed use will not, 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 childcare facility will not be detrimental to the
health, safety or welfare of persons in the area as the project
will provide a safe and supportive learning environment for
children of all ages. These services will increase the safety
and welfare of children in the community.
3. That the proposed use will not adversely affect the present economic
stability or future economic development of properties surrounding
the area.
The proposed project will not adversely affect the economic
viability of the area. The occupation of the building with a
new use will result in a positive addition to the surrounding
area and will complement and improve the economic viability
of the area. Further, improvements such as interior tenant
improvements, fagade upgrades and the restriping and
repaving of the parking lot will identify this area as a stable
area ready for additional investment.
4. That the proposed use will comply with the regulations and ,
conditions specified in Chapter 41 for such use. v
KidWorks will be in compliance with all applicable provisions
of Chapter 41 of the Santa Ana Municipal Code and all other
provisions that regulate child care uses, including applicable
Building and Fire Codes. In addition, there are no code
enforcement violations on the subject site at the time of this
report.
5. That the proposed use will not adversely affect the General Plan of
the City or any specific plan applicable to the area of the proposed
use.
The proposed child care use is consistent with the General
Plan's Land Use Element policies to encourage the
development of nonprofit facilities and services as well as
promote uses that provide a positive contribution to
neighborhood character and identity. There are no specific
plans in the immediate area.
E. In accordance with the California Environmental Quality Act, the
recommended action is exempt for further review per Section 15061(b)(3),
which is a general rule exemption applying to projects that have no
Resolution No. 2016-36
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possibility of having a significant impact on the environment. General Rule
Exemption Environmental Review No. 2012-39 will be filed for this project.
The project proposes to allow the occupancy of an existing building with no
building expansion, and the building will be in compliance with all provisions
of the Municipal Code. No adverse environmental impacts will result from
the child care use, and it can be seen with certainty that there is no
possibility that the activity in question will have a significant effect on the
environment.
Section 2. The applicant agrees to indemnify, hold harmless, and defend the
City of Santa Ana, its officials, officers, agents, and employees, from any and all liability,
claims, actions or proceedings that may be brought arising out of its approval of this
project, and any approvals associated with the project, including, without limitation, any
environmental review or approval, except to the extent caused by the sole negligence of
the City of Santa Ana.
Section 3. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2016-35 as conditioned
in Exhibit A, attached hereto and incorporated herein, for the project located at 1910
West Chestnut Avenue. This decision is based upon the evidence submitted at the
abovesaid hearing, which includes, but is not limited to: the Request for Planning
Commission Action dated September 26, 2016, and exhibits attached thereto; and, the
public testimony, written and oral, all of which are incorporated herein by this reference.
ADOPTED this 26" day of September, 2016
AYES:
Commissioners:
Alderete, Gartner, McLoughlin, Mendoza, Verino (5)
NOES:
Commissioners:
None (0)
ABSENT:
Commissioners:
Bauer (1)
ABSTENTIONS:
Commissioners:
Bacerra (1)
IiAAA V +3o
L vette Verino
Chairperson
Resolution No. 2016-36
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: A<4 c' 4&� J�
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the
attached Resolution No. 2016-36 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on September 26, 2016.
Date: 9/d bll b
Acting Recording Secretary
City of Santa Ana
Resolution No. 2016-36
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EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2016-35
Conditional Use Permit No. 2016-35 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 belowrip or to
exercising the rights conferred by this approval.
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. 2012-20 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 conditional use permit must be
amended.
3. There shall be no outside services or activities permitted outdoors other
than within the enclosed outdoor play area. All temporary outdoor events
shall be in compliance with Section 41-195 of the Santa Ana Municipal
Code and subject to an approved Land Use Certificate.
4. There shall be a maximum of 88 children permitted at any given time for the
proposed childcare facility. Any additional number of children will require
additional parking and further review of the conditional use permit.
5. A minimum of 22 parking spaces shall be provided at all times. All stalls
shall be double striped and shall not encroach into required landscape
areas.
6. Landscaping, once installed, shall be maintained per the approved
landscape plan.
7. Prior to issuance of a certificate of occupancy, the parking lot needs to be
repaired and repaved per city standards.
Resolution No. 2016-36
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8. Conditional Use Permit No. 2004-10, issued for the property located at
1902 West Chestnut Avenue, will become void upon the recordation of
Voluntary Lot Merger No. 2016-8.
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