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Home My WebLink About31B - 801 N ROSS STREET, SUITE A CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: REQUEST FOR COUNCIL ACTION cr MAY 7, 2007 TITLE: CONDITIONAL USE PERMIT NO. 2007-04 TO ALLOW A BAIL BOND USE AT 801 NORTH ROSS STREET, SUITE A - HOSSEIN MALAKOOTI ON BEHALF OF ALADD,. 7Do;;'CAm CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 1 st Reading D Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2007-04 as conditioned. PLANNING COMMISSION ACTION On April 9, 2007, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2007-04 as conditioned by a vote of 6:0 (Gartner absent) to allow a bail bond use in the Professional (P) zoning district at 801 North Ross Street, Suite A. The Planning Commission added a condition requiring the applicant to re-submit a landscape plan for approval (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. Ja E cutive Director Planning & Building Agency LL:rb 11\reports\PC and ZA\cup07-04.CC 31 B-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: APRIL 9, 2007 TITLE: PUBLIC HEARING - FILED BY HOSSEIN MALAKOOTI ON BEHALF OF ALADDIN BAIL BONDS FOR CONDITIONAL USE PERMIT NO. 2007-04 TO ALLOW A BAIL BOND USE AT 801 NORTH ROSS STREET, SUITE A PLANNING COMMISSION SECRETARY APPROVED o As Recommended o As Amended o Set Public Hearing For DENiED o Applicant's Request o Staff Recommendation CONTINUED TO Prepared by Lucy Linnaus '~"'"t"" Direoto, hrM.iM. \--h~~ Planning Ma ger RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2007-04 as conditioned. DISCUSSION Request of Applicant Mr. Hossein Malakooti, on behalf of Aladdin Bail Bonds, is requesting approval of a conditional use permit to allow a bail bond use at 801 North Ross Street, Suite A. Property Description The project site is an 11,500 square foot, rectangular shaped parcel located on the northeast corner of Ross Street and Civic Center Drive. The site is currently developed with a newly constructed 4,164 square foot, two-story office building. The site is located in the Professional (P) zoning district and has a corresponding General Plan land use designation of Professional and Administrative Office (PAO) with a floor area ratio of 1.0 (Exhibit 1). Surrounding land uses include government buildings to the south and east, professional offices to the west and residential uses to the north (Exhibit 2) . Project Description Aladdin Bail Bonds proposes to occupy a 500-square foot tenant space on the first floor of a newly constructed office building. City records indicate that the office building was approved with Variance No. 2005-01 EXHIBIT A 31 B-2 Conditional Use Permit No. 2007-04 April 9, 2007 Page 2 to reduce the front yard setback and was designed to meet the parking requirements for general office use. The applicant is proposing to develop one additional parking stall to comply with the parking requirements of the Santa Ana Municipal Code (SAMC) since a bail bond use requires five spaces per 1,000 square feet of area, while a general office requires three spaces per 1,000 square feet of area. To accommodate the additional stall, the applicant proposes to reduce the size a landscape planter facing the alley to the minimum requirement of five feet and eliminate a six-foot walkway since the handicap ramp can serve all users as a walkway (Exhibits 3 and 4) . Analysis of the Issues The Santa Ana Municipal Code allows bail bond uses in the Professional (P) zone district, subject to a conditional use permit. A conditional use permit allows the City to impose conditions to mitigate any potential unforeseen negative impacts associated with a bail bond use and its after hours operations. To ensure that the impacts to the community are kept to a minimum, section 41-323 of the SAMC establishes development standards for bail bond establishments. These standards require them to be located within 2,000 feet of a jail facility and establish a separation of 150 feet from any property zoned R1, R2 or R3. The proposed bail bond establishment meets both criteria as it is located approximately 1,700 feet from the Orange County Jail and is over 500 feet from a residential zone. The Planning and Police Departments are proposing conditions of approval to prevent the site from becoming an attractive nuisance and mitigate any potential unforeseen problems. The Police Department's conditions refer to business operations and physical improvements to improve employee and customer safety, such as prohibiting exterior pay phones and maintaining visibility to the establishment's interior from the street. Since there are some non-conforming residential uses to the north of the project, conditions of approval have been added to ensure that there is no light intrusion and that a six-foot wall is maintained to separate the commercial from the residential use. The Police Department proposes a review of the project at 90 days, six months, one year and annually thereafter to ensure that the business is in compliance with conditions approved for the project. 31 B-3 Conditional Use Permit No. 2007-04 April 9, 2007 Page 3 In summary, as conditioned, the project will not create additional negative impacts to the surrounding business and residents and is compatible with the City's General Plan. Therefore, staff recommends that the Planning Commission approve Conditional Use Permit No. 2007-04 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15301), the project is exempt from further review. This Class 1 exemption allows for permitting of existing private structures involving negligible or no expansion of an existing use. Categorical Exemption Environmental Review No. 2006-202 will be filed~for this project. f , 'j "'.. \ Vincent Fregoso, AICP Senior Planner LL:jm 11\reports\PC and ZA\cup07-04.pc 318-4 ~2" R1 'oa,--"'-~ C1 ",- ,..- Cl ~ . ' C1~ CH I ,[ f" Rl R1 Rl'6 T ; R2 0 " ~. Rl ~ Cl 1 ~ Cl :e "'t<- " r-! Rl RI ~' ~,,,&:.l RI f-'30'i 1'0.." ,. ,."C1 , - -- 17TH 5T. I C1 II CI CI t~ Cl 51<- Rl Rl Rl R1 Rl Rl Rl IKOJW.CA .."" 4".>>" , 50-20 ~~ '"" 50-20 50-20 .~ GC ~ 1] ~. Cl ~ R2 iEl R1 31 R1 FiTlI R1 A 1" = 1000 FEET P P " AI -6 C-SM Cl Cl-MD C2 C3 C3-A C4 C5 GC P P P o 50-13 I II .1 I~ R2 ~ R2 I!,~~:,,, I R2 P " 50-18 Cl R2 II C2 1 r-::-l~ IIR21~il I;c:::E::JW Iu:=JO IE]. --Ii! nITl. II. R2 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL ~2 .,~'" ~ . : ~R2-\l.,~ ,_~_Cl r-~_, ~ "'~~ " R2.B Cl Cl C5 SP-3 R3- HOII R3- HDII R2 R2 C2 _HOII R2 '" 50-2 C5 _HDII ~ o W.o.LNUTST o CR GC Ml M2 MO o P PCD PRD SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INOUSTRIAL HEAVY INOUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT Rl R2 R3 R4 RE SD SP CUP 07-4 ALADDIN BAILBONDS 801 NORTH ROSS STREET, SUITE A PLANN N G AND BU LD EXHIBIT 1 318-5 A <fly' - =500 FEET N G AGE N C Y SINGLE PROFESSIONAL FAM. RES. PARKING LOT PROFESSIONAL CIVIC CENTER GOVERNMENT _.../ . .. ........".. .. -- P LAN N ~ ~ W w a: ~ UI " o '" '" ~ o ~ Q ~ " PARKING LOT '" " " ~ ~ ~ ~ '" o '" ~ '" ~ o '" UI UI o a: G 0 V ERN MEN T CUP 07-4 ALA ODIN BAILBONDS 801 NORTH ROSS STREET, SUITE A N G AND B U L D N G LAND USE MAP EXHIBIT 2 318-6 PROFESS/ONAL DRIVE ~\ oW AGE N C Y ~ ),,311Y l' ., u..~..".., , 0 iI ~@ 11 "- ro "- 'c- H ,.., N ~ i "- : "- . ~ i "- ~ .' :[ ~ i ~ "- "- 11 N i "- f! N i ,,~ "- ~~ "- ~ " ~~ ~~ ~t ~~ 133MH sso~ 8 ~ i ~ VI ~ ; ~ . ~i . o~ "' . hS! >- 1 . . Cl .. ~ ~~ z . -J ~ ~. ~ ii '.g <l: ~ ! l. ~~ i i. z ~~ E:II..~ Cl i=: I; !I H!dl~ A MDff '" <l: ~: ; ~ ~i i g ~ i ~ > ~ . . . a g . . . I ~ . z . u ~ . U > . ;: * 0 u ..- I <( ,; ~ ~ ru '" ~ u ~. ~~. ,,~ J -'~ -z =>~ "'" w~ 0 Uw =: tri. Obit ~'" !S~ ~'" ~ .:I: II Ol-t_ ~f5 I. z ~ ~ u ~ o ... OJ '" <l: U <l: Z Z <l: " <C >- z -.J " " 0... >- "' W W a< >- r- '" "'(j') VI Cl a< :I: >- a< Cl z o ro ."-,01 ~ ft i> " .. .0-,11 /"--- .---, 31 B_ACUP 07-4 "'EXHIBIT 4 I ;;1~ N , <( R ~ :J<I- 5 <i ~z z~ . ~~~ ~~ ~~ w~ 0 ~~ :: ~~. l:Jt;;1 ~~ :;;~ b:::I: II >...... .- ......~ I. a: ~ " KO 4/12/07 RESOLUTION NO. 2007-019 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2007-04 TO ALLOW A BAIL BOND USE AT 801 NORTH ROSS STREET, SUITE A 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. The applicant is requesting Conditional Use Permit No. 2007-04 to allow a bail bond use at the property located at 801 North Ross Street, Suite A. B. The Planning Commission held a duly noticed public hearing on April 9, 2007, on Conditional Use Permit No. 2007-04 to allow a bail bond use at the property located at 801 North Ross Street, Suite A. C. Santa Ana Municipal Code Section 41-313.5(m) requires a conditional use permit for bail bond uses within the Professional (P) zone district. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed bail bond use is an integral part of the justice system and provides a service to ensure a long established right of every citizen. Therefore, the proposed use will contribute to the general well being of the community. While bail bond establishments are regulated by the California Department of Insurance, conditions have been placed on the operations that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the community and the surrounding neighborhoods. Resoiution No. 2007-019 Page 1 of 7 318-9 2. Will the proposed use 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 use will operate 24-hours a day and will provide a service to incarcerated people and their families during the times that the jail system processes and releases them. Conditions of approval will require the establishment to maintain a safe environment and are imposed to mitigate any potential unforeseen impact that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. 3. Will the proposed use 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. Bail bond uses concentrate in certain areas and such concentrations, if not properly regulated, could create significant secondary effects such as lowering of property values, an increase in crime and failure of these areas to recycle to superior professional uses. The proposed bail bond use will be required to be concentrated within 2,000 feet of a jail facility and separated from residential zones, which will protect property values within the community, which will contribute to the economic stability of surrounding properties in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? With an approved conditional use permit for a bail bond use in the Professional (P) zoning district, the proposed use will be in compliance with the applicable sections of Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed establishment is located in the Professional and Administrative (PAO) general plan designation land use designation. The proposed use as conditioned will not adversely affect the General Plan. The project site is not located within any specific plans. E. In accordance with the Califomia Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15301), the project is exempt from Resolution No. 2007-019 Page 2 017 31 B-1 0 further review. This Class 1 exemption allows for permitting of existing private structures involving negligible or no expansion of an existing use. Categorical Exemption Environmental Review No. 2006-202 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves the amendment to Conditional Use Permit No. 2007-04 as conditioned in Exhibit "A" attached hereto and incorporated herein for the property located at 801 North Ross Street, Suite A This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated April 9, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 9th day of April, 2007 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Leo, Mill, Munoz (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner (1) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney Resolution No. 2007-019 Page 3 of 7 318-11 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-019 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 9, 2007. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2007-019 Page 4 of 7 318-12 Conditions for Approval for Conditional Use Permit No. 2007-04 Conditional Use Permit No. 2007-04 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 Uniform Fire Code, the Uniform Building 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. Plannina Division 1. All proposed site improvements must conform to the Site Plan Review DP No. 2005-79, except that Exhibits 3 and 4 of Conditional Use Permit No. 2007-04 shall replace the site plan and floor plan of the Site Plan submittal. 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. The area of the tenant improvement occupied by a bail bond use shall not exceed 500 square feet. 4. A six-foot high masonry wall shall be maintained at the north property line to separate this use from adjacent residential use. 5. All site lighting shall be designed and located so as not to impact the residential properties north of the project. 6. No living quarters are allowed. No showers shall be provided within the unit. 7. No exposed neon lighting shall be permitted on the building or within the window displays. Signage shall not incorporate any exposed neon. 8. Windows shall not be darkened or covered restricting the visibility to the interior of the establishment. 9. A proposed final landscape plan, showing to the extent practical enhanced or augmented landscaping along Civic Center Drive, shall be submitted to the Planning Commission for its review and approval. Exhibit A Resolution No. 2007-019 Page 5 of 7 318-13 B. Police Department 1. The existing building and parking lot must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, doorlwindow locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 3. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Windows shall be kept clear of any advertising materials between three and six feet in height. 4. Window displays and racks must be kept to a maximum height of three feet. 5. All pay telephones shall be located inside the premises. 6. The petitioner(s) shall be responsible for maintaining the premises free of litter. 7. The conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 8. "No LoiteringlTrespass" signslplacards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. Resolution No. 2007-019 Page 6 of 7 318-14 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd, Santa Ana, California 92702. Hossein Malakooti VMM, LLC 50 Amberleaf Irvine, CA 92614 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2007-019 Page 7 of 7 318-15 318-16