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HomeMy WebLinkAboutRESO 2017-13_918 N. Bewley StreetLS 4.10.17 RESOLUTION NO. 2017-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-11, AS CONDITIONED, TO ALLOW ANGEL PRESCHOOL TO EXPAND AN EXISTING CHILD CARE FACILITY TO 45 STUDENTS AT THE PROPERTY LOCATED AT 918 NORTH BEWLEY 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. Applicant is requesting approval of Conditional Use Permit No. 2017-11 to allow the Angel Preschool to convert an existing small child care facility to a large child care facility and expand the number of children allowed at the child care facility from 14 to 45 for the property located at 918 North Bewley Street. B. Santa Ana Municipal Code Section 41-247.5 (a) requires approval of a conditional use permit for child care facilities caring for more than 14 children. C. On April 10, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017-11. 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 Section 41- 638, have been established for Conditional Use Permit No. 2017-11, as conditioned, to allow a child care facility caring for more than 14 children: 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 Angel Preschool child care facility will continue to provide a service to the area by providing the resources children need to increase their educational competence. The expanded facility will provide additional space and amenities to serve more children, thereby benefitting the entire neighborhood. Resolution No. 2017-13 Page 1 of 6 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 child care facility will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity but will instead provide a supportive learning environment for children ages 2 to 5. The expansion of the existing facility will thus increase the safety and welfare of children in the surrounding community. Additionally, the proposed conditions of approval will ensure that the use will not create any new negative or adverse impacts. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The project will not affect the present economic stability or future economic development of properties surrounding the area. The improvements to be made to the site will identify the area as one ready for continued investment, thus enhancing 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 proposed expansion of the existing child care facility will be in compliance with all applicable regulations and standards found in Chapter 41 of the Santa Ana Municipal Code regarding child care facilities. Conditions of approval will ensure the project remains in compliance with all applicable codes and regulations for a child care use and ensure the use does not impact neighboring properties or create an attractive nuisance. 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 use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 1.8 encourages the development of nonprofit services, Policy 3.1 supports development which provides a positive contribution to neighborhood character and identity, and Policy 5.5 encourages development that is compatible with and supporting of surrounding land uses. Resolution No. 2017-13 Page 2 of 6 E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15332. This Class 32 exemption allows infill development that is consistent with the zoning and general plan designations, is on a site less than 5 acres in size, will not have any effects on the environment and is adequately served by existing utilities. Categorical Exemption Environmental Review No. 2016-95 will be filed for this project. 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. 2017-11 for the project located at 918 North Bewley Street, as conditioned in Exhibit A, attached hereto and incorporated herein. 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 April 10, 2017, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 10th day of April, 2017. AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS-LEO, MCLOUGHLIN, MENDOZA, NGUYEN, VERINO (7) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: lt, L ette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:L�. c— Lisa Storck Assistant City Attorney Resolution No. 2017-13 Page 3 of 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2017-13 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 10, 2017. Date: I I1 I ) i C'vdu , fi� Commission Secretary City of Santa Ana Resolution No. 2017-13 Page 4 of 6 EXHIBIT A Conditions of Approval Conditional Use Permit No. 2017-11 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 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. 2016-34. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to approval of Certificate of Occupancy, all on-site improvements shall be made in accordance with the submitted plans. 4. There shall be a maximum of 45 children permitted at any given time for the child care facility. Any increase in the number of children will require further review of the conditional use permit. 5. Hours of operation for the facility shall be limited to 7:00 a.m. to 7:00 p.m. 6. Landscaping shall be maintained in compliance with the submitted plan including all parkways and street trees. Any modifications to this plan shall be submitted to the Planning Division for review and subject to the approval of the Planning Manager. 7. Prior to submittal into Building plan check, revise the plans to address the following: a. Depict and note the location of the trash enclosure and bin(s) for the proposed project to ensure it is adjacent to the preschool use. b. Depict the safe and efficient access of trash vehicles to trash receptacles and recycling bins inside the property. Resolution No. 2017-13 Page 5 of 6 c. Depict and note a vehicular turnaround area prior to the existing entrance gate at the northern driveway or add a note that states "The proposed six foot high fence and gate will remain open during the business hours of Angel Preschool." d. Add a note to the western drive approach that states "Remove existing driveway approach, curb and gutter and replace with the construction of new curb, gutter, parkway and sod." Resolution No. 2017-13 Page 6 of 6