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HomeMy WebLinkAboutRESO 2019-43_923 N SANTIAGO STREETLS 9.23.19 RESOLUTION NO. 2019-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT N0, 2019-18 AS CONDITIONED TO ESTABLISH A COMMERCIAL LAUNDROMAT FACILITY AT THE PROPERTY LOCATED AT 923 NORTH SANTIAGO STREET, UNIT C 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. Todd Cottle with Depot at Santiago, L.P (Applicant) is requesting approval of Conditional Use Permit (CUP) No. 2019-18 to convert an existing communal apartment laundry room into a publicly accessible laundromat facility located at 923 North Santiago Street, Unit C. B. Santa Ana Municipal Code (SAMC) Section 41-2007 (Table 2A), requires approval of a conditional use permit for laundromat facilities located within Specific Development No. 84 (SD-84)/Transit Zoning Code subzone Urban Neighborhood 2 (UN-2). C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project as set forth by the Santa Ana Municipal Code. D. On September 23, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-18. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-18, for a laundromat facility, have been established as required by SAMC Section 41-638: 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 proposed laundromat facility will contribute to the general well-being of the community by providing a basic community service to individuals who live in the area. In addition, the Resolution No. 2019-43 Page 1 of 8 conditions of approval will mitigate any potential impacts created by the laundromat facility and will ensure that the use — does not negatively affect the surrounding community. 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 laundromat will not create any negative or adverse impacts on the surrounding community because the use complies will all applicable regulations intended to ensure that new laundromats will be safe, well maintained and will not result in the increase in Police Department calls for service. Moreover, conditions have been placed on the project in order to mitigate any potential impacts that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The site as developed is suitable for the proposed use. The laundromat facility will generate city tax revenue and long term employment in the community. In addition, this use will provide a service and an amenity to the nearby residents, thereby enhancing rather than adversely affecting the economic stability of the surrounding properties in the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The project complies with all applicable regulations and conditions specified in Chapter 41 of the SAMC and the conditions of approval will ensure the laundromat does not deviate from the approved plans. 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 laundromat will not adversely affect the General Plan. The laundromat is consistent with the purpose of the General Plan Land Use Element, as it will further the goals and policies of the plan and not obstruct their attainment. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs of goods and services. Laundromats provide a service to residents who do not have access to a washer and dryer in their homes. Resolution No. 2019-43 Page 2 of 8 Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further environmental review under the general rule pursuant to CEQA Guidelines Section 15061 (b)(3) which indicates that CEQA review applies to projects that have a potential for causing a significant impact on the environment. The proposed project would convert an existing communal apartment laundry room into a publicly accessible laundromat facility. Based on this analysis, a Notice of Exemption, Environmental Review No. 2018-94 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-18, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 923 North Santiago Street, Unit C. 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 23, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2019-43 Page 3 of 8 ADOPTED this 2311 day of September, 2019. CANO, CONTRERAS-LEO, MCLOUGHLIN, NGUYEN, RIVERA (5) AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Ma McLough in Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-43 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 23, 2019. Date: to I III i r-I gax�, JL �_e� Recording Secretary City of Santa Ana Resolution No. 2019-43 Page 4of8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-18 Conditional Use Permit No. 2019-18 for a laundromat facility at 923 North Santiago Street, Unit C is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply 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. 1. All proposed site improvements must conform to Development Project Review (DP No. 2018-31), Site Plan Review No. 2014-01 (SPR No. 2014-01), 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. Prior to the issuance of a Certificate of Occupancy and the installation of any signage, the Applicant shall submit a Planned Sign Program application in accordance with SAMC Sections 41-880 and 41-2050 to the Planning Division for review and approval. 4. Hours of operation of the laundromat for non-residents of the apartment complex shall be restricted . Sundays to Fridays from 9:00 a.m. to 8:00 p.m and Saturdays from 12:00 p.m. to 10:00 p.m. Modified by the Planning Commission on September 23, 2019. 5. A full time attendant shall be required during all hours of operation of the facility. 6. All service counters, seating areas, service sinks and dispenser machines shall not create an obstructed view of the entire interior assembly space of the facility. No displays, posters or other obstructive material shall be installed on or near the storefront windows. 7. Public restrooms shall be maintained locked at all times and made only available by request to the attendant on duty. 8. No public telephones shall be located within the laundromat and premises. Resolution No. 2019-43 Page 5 of 8 9. All laundry carts shall have hanger rack extensions to prevent the carts from passing through the front door of the Laundromat facility. The operator/attendant shall use its best efforts to keep all laundry carts within the facility. In the event that a cart has been removed from the facility, the operator shall immediately retrieve the cart. 10. "No Loitering/Trespass" signs/placards shall be posted in the parking lot area and in front of the laundromat facility. The posted signs must conform to Penal Code Section 602. 11. "Quite Zone/Do Not Disturb Neighbors" signs/placards shall be posted in the parking lot area and in front of the laundromat facility. 12. The operator/attendant shall insure customers are not waiting in their vehicles in the adjacent neighborhoods or parking lot. 13. An amenity lounge/waiting area with televisions, board games and/or similar entertainment devices shall be provided within the laundromat. 14. The owner/operator shall provide Wi-Fi internet access to its customers. However, the provision of Wi-Fi internet access may be reconsidered if Planning staff and the owner determine that the provision of Wi-Fi internet access is resulting in loitering at the property. 15. Prior to the issuance of a Certificate of Occupancy, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses; Resolution No. 2019-43 Page 6 of 8