HomeMy WebLinkAbout2018-042 - Commission's Denial of Conditional Use Permit No. 2018-01RESOLUTION NO. 2018-042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING APPEAL NO. 2018-02 AND
REVERSING THE PLANNING COMMISSION'S DENIAL OF
CONDITIONAL USE PERMIT NO. 2018-01 AS
CONDITIONED AND ADDING ADDITIONAL CONDITIONS
TO ALLOW THE OPERATION OF A K-12 SCHOOL FOR
CITRUS SPRINGS CHARTER SCHOOL LOCATED AT
2121 NORTH GRAND AVENUE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Dave Black ("Applicant"), representing Citrus Springs Charter School, is
requesting approval of Conditional Use Permit No. 2018-01 to allow the operation
of a K-12 school for Citrus Springs Charter School at the property located at 2121
North Grand Avenue. It has been operating as a K-6 grade school at the property
with a conditional use permit since the 1960's.
B. Santa Ana Municipal Code Section 41-232.5 (c) requires approval of a
conditional use permit ("CUP") for private schools and colleges in the Single -
Family Residential Zoning District.
C. On March 12, 2018, the Planning Commission of the City of Santa Ana held a
duly noticed public hearing and at that time considered all testimony, written and
oral, and adopted a resolution denying Conditional Use Permit No. 2018-01.
D. The Planning Commission's decision to deny Conditional Use Permit No.
2018-01 was appealed to the City Council by the Applicant, contending that the
project is appropriate at this location (Appeal No. 2018-02). Santa Ana Municipal
Code Section 41-645 allows any interested party, individual or group to file an
appeal.
E. The City Council 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. 2018-01 to allow the operation of a K-
12 school:
1. That the proposed use will provide a service or facility which will
contribute to the general well-being of the neighborhood or
community.
Resolution No. 2018-042
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The proposed K-12 school will provide a service to the
community. The school is a use that will support the adjacent
church, residential, and other school uses in the vicinity.
Citrus Springs has been offering the children of the
community the opportunity to attend a K-6 school for more
than 50 years. The proposed expansion of grade levels
being offered at this campus will continue to contribute to the
general well-being of the neighborhood and its children.
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 K-12 school at this location will not be
detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity because the use is
compatible with the neighborhood and has been a use that
has co -existed with the church use for more than 50 years.
Additionally, the proposed conditions of approval will ensure
that the use will not create any new negative or adverse
impacts on the neighborhood or 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 use will not adversely affect the economic
stability of the area. The proposed expansion of the school
grade levels being offered will result in a positive addition to
the surrounding area by providing educational opportunities
currently not being offered. The existing K-6 school and the
Santa Ana United Methodist Church have recently undergone
improvements to the site and will continue to provide
additional on-site and off-site improvements as part of the
project, therefore creating positive economic investment into
the community.
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use.
The proposed K-12 school will be in compliance with all
applicable regulations and provisions of Chapter 41 of the
Santa Ana Municipal Code and all other provisions that are
applicable to a private school. No physical expansion of the
campus is proposed at this time and on-site improvements
have already brought the parking and driveway into
compliance with all applicable standards.
Resolution No. 2018-042
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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
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ADOPTED this 19 day of June , 2018.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Lisa Storck
Assistant City Attorney
AYES: Councilmembers Benavides Pulido, Sarmiento, Tinaiero,
Villegas (5)
NOES: Councilmembers Solorio (1)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers Martinez (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2018-042 to be the original resolution adopted by the City Council of the
City of Santa Ana on June 19th , 2018
Date: -7LiI )f3 . / �"� ✓
Mara D. Huizar
Clerk of the Council
City of Santa Ana
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EXHIBIT A
Conditions of Approval
Conditional Use Permit No. 2018-01 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 prior 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 site improvements must conform to the Site Plan Review approval
of DP No. 2015-69 and the staff report exhibits.
2. The site shall be maintained free from litter and graffiti, including the landscaping
areas and playground areas.
3. The premises shall be maintained as per approved plans. Any damage to the
existing structures, walls, parking areas, or landscaping must be repaired.
ADDITIONAL CONDITIONS ADDED BY CITY COUNCIL:
4. The school facility will limit the total number of students attending on -
campus instruction to 180 students.
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