Loading...
HomeMy WebLinkAbout2010-15• RESOLUTION NO. 2010-15 ROH - 09/13/10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT N0.2010-13 AS CONDITIONED TO OPERATE A LAUNDROMAT AND CONDITIONAL USE PERMIT NO. 2010-14 AS CONDITIONED TO ALLOW PARKING IN THE R2-B ZONE FOR THE PROPERTY LOCATED AT 827 SOUTH MAIN STREET, SUITE B 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. 2010-13 to operate a Laundromat and Conditional Use Permit No. 2010-14 to allow parking in the R2-B Zone for the property located at 827 South Main Street, Suite B. • B. Santa Ana Municipal Code Section 41-522 requires a conditional use permit for Laundromats in the C-SM district. Santa Ana Municipal Code Section 41-611 requires a conditional use permit to allow the parking of motor vehicles in connection with any commercial use on any property with a B suffix district designation, including lots zoned R2-B. C. On August 25, 2010, a Zoning Administrator hearing was held regarding Conditional Use Permit No. 2010-13 to allow a Laundromat use. At that hearing, the Zoning Administer remanded the matter to the Planning Commission. D. On September 13, 2010, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2010-13 and Conditional Use Permit No. 2010-14. E. The Planning Commission 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. 2010-13 to allow a Laundromat operation: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? Resolution No. 2010-15 Page 1 of 8 The proposed Laundromat will contribute to the general well • being of the community by providing a basic community service to individuals who live and work in the area. Conditions have been placed on the Laundromat, which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 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 Laundromat will not create any negative or adverse impacts to the surrounding community because the use will comply with all the adopted regulations intended to ensure that new Laundromats will be safe, well maintained and will not result in a demand for Police Department calls for service. Moreover, conditions are imposed to mitigate any potential impacts 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 Laundromat use will generate city tax revenue and long term employment in the community. In addition, the use will provide a tenant in a previously vacant suite and an additional service to the community, thereby enhancing rather than adversely affecting 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? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on Laundromats pursuant to 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 use will not adversely affect the General Plan. The project 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. Specifically, it would further Goal 2: Promote land uses which enhance the city's economic and fiscal viability; Policy • 2.4: Support pedestrian access between commercial uses `Resolution No. 2010-15 Page 2 of 8 and residential neighborhoods which are in close proximity; Policy 2.8 Promote rehabilitation of commercial properties, and encourage increased levels of capital investment and Policy 5.6: Discourage access to commercial and industrial areas by the way of residential streets. F. The Planning Commission 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. 2010-14 to allow parking in the R2-B Zone: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The existing parking lot will continue to serve a commercial use and will contribute to the general well being of the neighborhood by providing a permanent buffer zone between the commercial and residential uses. Conditions have been placed on the parking area that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. • 2. Will the proposed use under the circumstanceaof the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The existing parking lot will be brought into conformance with the current development standards and will provide a required and necessary service to the store patrons. The conditions of approval will require the store 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 parking provides a required and necessary service to the store patrons. The retail establishment will generate City tax revenue, provide long term employment for the community and convert a substantially vacant commercial building into a use that will provide a new service to the community. This in turn will contribute to the economic stability of surrounding properties in the area. • Resolution No. 2010-15 Page 3 of 8 4. Will the proposed use comply with the regulations and conditions • specified in Chapter 41 for such use? With an approved conditional use permit to allow parking in conjunction with a retail building, 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 retail establishment is located in two general plan designations; General Commercial (GC) and Low Density Residential (LR). The proposed use as designed will not adversely affect the General Plana Laundromats are permitted within the General Commercial (GC) land use General Plan designation, while parking in conjunction with a commercial establishment is permitted in the Low Density residential designation. The project is consistent with the purpose of the General Plan Land Use Element, as it will further Goal 2, Policy 2.4, Policy 2.8 and Policy 5.6 of the plan and not obstruct their attainment. G. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15332. This • Class 3 exemption allows for conversion of small structures from one use to another where only minor modifications are made to the exterior of the structure. Categorical Exemption Environmental Review No. 2009-116 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2010-13 and Conditional Use Permit No. 2010-14 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth 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 September 13, 2010 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13t" day of September 2010 by the following vote: AYES: Commissioners: Acosta, Alderete, Betancourt, Gartner, Turner, Walters, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) ~J Resolution No. 2010-15 Page 4 of 8 7 / /e • ~_~ • f i Eric Alder t j;' ! , Chairma ~_. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan O. Ho g Assista City torney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2010-15 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 13, 201.0 . Date: ~ G~ Secretary of the Planning Commi ion City of Santa Ana Resolution No. 2010-15 Page 5 of 8 Conditions for Approval of Conditional Use Permit Nos. 2010-13 and 2010-14 • Conditional Use Permit Nos. 2010-13 and 2010-14 are approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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 rior to exercising the rights conferred by these conditional use permits. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permits. Failure to comply with each and every condition may result in the revocation of the conditional use permits. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2009-49. 2. Any amendment to these conditional use permits must be submitted to the Planning Division and Police Department for review. Qt that time, staff will determine if administrative relief is available or the conditional use permit must be amended. • 3. The existin roof-mounted si n shall be removed rior to the buildin final 9 9 p 9 and issuance of the Certificate of Occupancy. 4. All requirements set forth in Section 41-199 of the Santa Ana Municipal Code shall be incorporated herein. 5. There shall be no operation between the hours of 10:00 p.m. and 7:00 a.m. 6. A full time attendant shall be required during all hours of operation of the facility. 7. A six-foot fence shall enclose the rear portion of the parking lot, as indicated on Exhibit 3. The fence shall have a pedestrian gate on Cypress Avenue, which shall remain closed between 10:00 p.m. and 7:00 am. A vehicular gate, which shall remain open during hours of operation and closed during off hours shall be installed as shown on Exhibit 3. 8. Pedestrian access from Cypress Avenue to the site shall be maintained as shown on Exhibit 3. • Resolution No. 2010-15 Page 6 of 8 SEPTEMBER 13, 2010 PAGE2OF3 9. Natural stone or matching stone veneer shall be installed to match existing stone as found along the Main Street elevation. The applicant shall submit the proposed stone to the Planning Division for final review and approval (added by Planning Commission on September 13, 2010). 10. All proposed signs shall be consistent with the style, design and materials of the existing Main Photo sign found on the Main Street elevation. All signs shall be approved under separate permit (added by Planning Commission on September 13, 2010). 11. The exterior storefront glass shall be kept free from graffiti and/or etching. The glass shall be treated with anti-etching film or a similar protective coating or constructed of glass material that is resistant to etching. All graffiti shall be removed within 48 hours; this includes the removal of any painted or marked graffiti, as well as etchings. (added by Planning Commission on September 13, 2010). 12. The Voluntary Lot Merger shall be approved prior to issuance of the building permit. • B. Police Department 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, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 3. Window displays and racks must be kept to a maximum height of three feet including merchandise. 4. There shall be no pool tables, coin-operated games, or video machines maintained upon the premises at any time. 5. There shall be no public telephones located on the exterior or interior of the premises. Resolution No. 2010-15 Page 7 of 8 SEPTEMBER 13, 2010 PAGE3OF3 6. The petitioner(s) shall be responsible for maintaining the premises free of litter and graffiti. All graffiti must be removed within 24 hours of occurrence. 7. Provide a Closed Circuit Television System (CCTS) approved by the Police Department. The CCTS shall be capable of viewing and recording events in the rear parking lot, and shall have a resolution which will clearly identify individuals for later identification. 8. Conditional Use Permit Nos. 2010-13 and 2010-14 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. • • Resolution No. 2010-15 Page 8 of 8