2018-042 - Commission's Denial of Conditional Use Permit No. 2018-01

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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 the neighborhood character and identity, and Policy 5.5 encourages development that is compatible with and supporting of surrounding land uses. The R-1 zoning district allows private schools subject to a conditional use permit, making the proposed use consistent with the zoning and the Land Use Plan of the Land Use Element. The expansion of the school to offer an education from K-12 grade will provide additional educational opportunities for the surrounding neighborhoods and residents. Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15301. This Class 1 exemption allows the repair, maintenance and permitting of existing structures that are consistent with the zoning and general plan designations. The proposed project involves occupying an existing building, without any square footage addition or building expansion. Categorical Exemption Environmental Review No. 2018-21 will be filed for this project. Section 3. 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 4. The City Council of the City of Santa Ana after conducting the public hearing hereby approves Appeal No. 2018-02, and approves Conditional Use Permit No. 2018-01, as conditioned in Exhibit A, which includes an additional condition added by the City Council, 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 Council Action, the Request for Planning Commission Action dated March 12, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2018-042 Page 3 of 5