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HomeMy WebLinkAbout2010-05bk/2-17-10 • _ RESOLUTION NO. 2010 05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2010-02 AS CONDITIONED AND CONDITIONAL USE PERMIT NO. 2010-01 AS CONDITIONED TO ALLOW THE ESTABLISHMENT OF A COLLEGE THAT DOES NOT COMPLY WITH THE CITY'S PARKING STANDARDS AT 500 WEST SANTA ANA BOULEVARD 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, Corinthian Colleges, Inc., is requesting approval of Variance No. 2010-02 and Conditional Use Permit (CUP) No. 2010- 01 to allow the establishment of apost-secondary educational • institution that does not comply with the city's parking standards at 500 West Santa Ana Boulevard. B. Variance No. 2010-02 and CUP No. 2010-01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on February 22, 2010. C. Variance No. 2010-02 and CUP No. 2010-01 have been filed with the City of Santa Ana seeking to allow the establishment of apost-secondary educational institution that does not comply with the city's parking standards at 500 West Santa Ana Boulevard. D. Trade schools are allowed within the Professional (P) zoning district with an approved conditional use permit. The applicant is requesting approval of the conditional use permit to allow a professional trade school that primarily focuses on medical, business, accounting, criminal justice and paralegal training. E. The applicant has requested a reduction in the required parking assigned to trade schools. The parking structure provides a total of 258 parking spaces, while the Santa Ana Municipal Code requires 424 spaces. A variance allows an applicant to reduce parking based on demonstration • Resolution No. 2010-05 Page 1 of 11 that the municipal code requirements should be lessened based on the • applicant's proposed use and operation. F. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The proposed reduction in parking will allow a use to provide an ancillary service to the Civic Center and Downtown areas and thereby benefit the community. The reduced parking has been analyzed through a parking study conducted by a reputable parking engineer. After analysis of other similar sites and the school operation, the study concludes that the appropriate parking for the school use be reduced from the Santa Ana Municipal Code requirement. The school operation and off-site parking could create a negative impact to the surroundings and as such additional conditions have • been placed on Variance No. 2010-02 that will mitigate potential impacts created by the parking and ensure that the operation will not negatively affect the surrounding community. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. Approval of the parking variance allows the applicant to operate a school within the Professional zone adjacent to the Civic Center and downtown. The reduction in parking has been analyzed through a parking study and conditions have been added to ensure the operation will be a positive addition to the area. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The approval of the variance will not be detrimental to persons residing or working in the area because the use, as conditioned, wilt not create negative or adverse impacts. The conditions imposed on the variance will mitigate any • Resolution No. 2010-05 Page 2 of 11 potential impacts that might occur from the proposed school. The additional business will assist in promoting the economic viability and enhance the livability for this area of the Civic Center and downtown. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a school pursuant to Chapter 41 of the Santa Ana Municipal Code. 4. That the granting of a variance will not adversely affect the General Plan of the City. The proposed modifications will not adversely affect the General Plan. School uses are permitted within the Professional (P) zoning district and the Professional and Administrative Offices (PAO) General Plan designation. The project will help to facilitate Goal 2.0 to "Promote land uses which enhance the City's economic and fiscal viability." The variance and conditional use permit supported will help to provide a service to complement other uses within the growing Civic Center and downtown. A school use, appropriately conditioned, adds to the uses commonly found within professional office areas as well as the Civic Center and downtown. • G. Section 41-313.5 of the Santa Monica Municipal Code allows professional and trade schools m the P zoning district with a CUP issued with findings: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The addition of the professional trade school will add an additional education opportunity to the existing community. This will provide residents an additional opportunity for education in relation to a professional career path. Policy 4.3 of the Land Use Element encourages land uses which provide community and regional service benefits. 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 professional trade school will not be detrimental to persons residing or working in the area. Policy 5.5 of the Land Use Element encourages projects that are compatible with and supportive of surrounding land uses. Conditions of • Resolution No. 2010-05 Page 3 of 11 approval will help to ensure that the operation of the use will . not negatively impact the surrounding area. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed professional trade school will not negatively affect the economic stability of the surrounding area. The proposed use is consistent with the Professional zoning district and the Professional and Administrative (PAO) General Plan designation. The school will be located within the Civic Center and Downtown areas. This project site is located at a critical location between these areas. The infusion of a school use, with its student population, will help to provide a bridge between the government institutions and a robust commercial downtown. Lastly, the conditions of approval will help to mitigate any potential problems and will minimize the possibility of the trade school affecting the surrounding community. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? • The proposed professional trade school meets the requirement of the Santa Ana Municipal Code Section 41- 313.5(c), which requires that a professional trade school obtain a conditional use permit. In addition, the applicant is requesting the approval of Variance No. 2010-02 for a reduction of on-site parking for the proposed trade school. 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 subject site is located within an area designated with the General Plan land use designation as Professional and Administrative (PAO). Additionally, the site is located within an existing office building and is compatible with the surrounding commercial and professional uses. Policy 5.4 of the Land Use Element of the General Plan supports land uses which are consistent with the Land Use Plan of the Land Use Element. Further, Policy 5.5 (Land Use Element) also encourages development which is compatible with, and supportive of surrounding land uses. • Resolution No. 2010-05 Page 4 of 11 • • • H. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301(a). This Class 1 exemption allows existing facilities that will undergo minor interior alterations and are consistent with all applicable General Plan designations. Categorical Exemption Environmental Review No. 2009-179 will be filed for this project Section 2. The Planning Commission after conducting the public hearing hereby approves Variance No. 2010-02, as conditioned in Exhibit "A" attached hereto and incorporated herein, and Conditional Use Permit (CUP) No. 2010-01 as conditioned in Exhibit "B" attached hereto and incorporated herein to allow the establishment of a post- secondary educational institution that does not comply with the city's parking standards at 500 West Santa Ana Boulevard 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 February 22, 2010 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 22nd day of February, 2010 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Yrarrazaval (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Turner (1) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Josep .Fleur, City ttorney '(,/ j 1 `,,- c Resolution No. 2010-05 Page 5 of 11 ~Ghairman • CERTIFICATE OF ATTESTATION AND ORIGINALITY • • I, Martha Ramirez; Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2010-05 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 22, 2010. i Date: nning Commiss to City of Santa Ana Resolution No. 2010-05 Page 6 of 11 Conditions for Approval for Variance No. 2010-02 Variance No. 2010-02 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 rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 09- 61. 2. The maximum parking reduction permitted on the property is 33 percent. The proposed trade school shall be limited to the areas defined by the approved floor plans. • 3. An amendment to this conditional use permit must be submitted to the Y Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. 4. The conditional use permit shall be reviewed at six months, nine months, and one year. 5. The school shall secure an additional 27 off-site parking spaces within 1,200 feet of the subject property. The applicant shall provide to the Planning Division current copies of executed parking lease agreements. 6. Off-site parking facility shall accept the school parking placard for entrance and exiting or the school use shall subsidize the parking fee off-site. 7. To reduce vehicle queuing, the on-site parking structure shall provide one of the following: EXHIBIT A • Resolution No. 2010-05 Page 7 of 11 a. An electronic pass card system • b. Parking permit/placard display upon entrance and exit 8. Public parking shall not be permitted within the parking structure at 500 West Santa Ana Boulevard. 9. The applicant shall post and maintain a professional quality sign on the parking structure of the premises prohibiting public parking. 10. The schedule of classes shall allow for a minimum of 20 minutes between the end of one shift and the beginning of the next shift. 11. Bike rack(s) to accommodate a minimum of ten bicycle parking spaces shall be provided at convenient location(s). Bike rack designs shall be reviewed and approved by the Planning Division. 12. Provide a transit information area within the lobby displaying and providing information on alternative modes of transportation. Items provided shall include, but not limited to, bus schedules, transit passes and carpool or ride matching information. 13. A minimum of one security guard shall be provided beginning at least 30 • minutes before the first shift of the day and after the last shift ends. The Chief of Police or his designate shall first approve every security guard employed. If there is a marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase may be determined by the Chief of Police, the permittee shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police. • Resolution No. 2010-05 Page 8 of 11 Conditions for Approval for Conditional Use Permit No. 2010-01 Conditional Use Permit No. 2010-01 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 rip or 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. The project shall remain in compliance with Site Plan Review DP No. 09-61. 2. A variance for parking reduction shall be approved prior to issuance of a certificate of occupancy. The proposed trade school shall be limited to the areas defined by the approved floor plans. • 3. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. 4. The conditional use permit shall be reviewed at six months, nine months, and one year. 5. The school shall secure an additional 27 off-site parking spaces within 1,200 feet of the subject property. The applicant shall provide to the Planning Division current copies of executed parking lease agreements. 6. Off-site parking facility shall accept the school parking placard for entrance and exiting or the school use shall subsidize the parking fee off-site. 7. To reduce vehicle queuing, the on-site parking structure shall provide one of the following: a. An electronic pass card system b. Parking permit/placard display upon entrance and exit EXHIBIT B • Resolution No. 2010-05 Page 9 of 11 8. Public parking shall not be permitted within the parking structure at 500 West Santa Ana Boulevard. 9. The applicant shall post and maintain a professional quality sign on the parking structure of the premises prohibiting public parking. 10. The schedule of classes shall allow for a minimum of 20 minutes between the end of one shift and the beginning of the next shift. 11. Bike rack(s) to accommodate a minimum of ten bicycle parking spaces shall be provided at convenient location(s) on-site. Bike rack designs shall be reviewed and approved by the Planning Division. 12. Provide a transit information area within the lobby displaying and providing information on alternative modes of transportation. Items provided shall include, but not limited to, bus schedules, transit passes and carpool or ride matching information. 13. A minimum of one security guard shall be provided beginning at least 30 minutes before the first shift of the day and after the last shift ends. The Chief of Police or his designate shall first approve every security guard employed. If there is a marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase may be determined by the Chief of Police, the permittee shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police. • Resolution No. 2010-05 Page 10 of 11 • PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE 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 Second Floor, Santa Ana, California 92701. I served the foregoingg document described as: Resolution No. 2010-05 (Conditional Use Permit No. 2010-01 and Variance No. 2010-02) in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: David Attar Terri Lee CIM Urban REIT Properties L. P. Hendy Associates 6922 Hollywood Boulevard, 9th Floor 4770 Campus Drive, Suite 100 Los Angeles, CA 90028 Newport Beach, CA 92660 Brian Berkhausen, Vice President Real Esta#e Corinthian Colleges, Inc. 6 Hutton Centre Drive, Suite 400 Santa Ana, CA 92707 [ ] 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 March 23, 2010 at Santa Ana, California. ~ ;' ~ ~2 ~~ MAR HA RAMIREZ •