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HomeMy WebLinkAbout20140527_2014-18_1951ECarnegieAveROH - 05/27114 RESOLUTION NO. 2014 -18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -14 AS CONDITIONED TO ALLOW AN OVERNIGHT DELIVERY OPERATION IN THE LIGHT INDUSTRIAL (M1) ZONING DISTRICT FOR THE PROPERTY LOCATED AT 1951 EAST CARNEGIE AVENUE 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 approval of Conditional Use Permit No. 2014- 14 to allow an overnight delivery operation in the Light Industrial (M1) zoning district for the property located at 1951 East Carnegie Avenue. B. Conditional Use Permit No. 2014 -14 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 27, 2014. C. Santa Ana Municipal Code Section 41- 472.5(i) allows establishments that receive, sort, transfer and ship freight, such as an overnight delivery service, in the M1 zoning district, subject to the issuance of a conditional use permit. D. Santa Ana Municipal Code Section 41- 638(a)(1) authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. That the proposed use will provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The proposed overnight delivery operation will provide a service to both individuals and other businesses that wish to send or receive packages. This will thereby benefit the community by providing an opportunity to quickly ship packages used in the normal course of business. Conditions have been placed on the facility which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2014 -18 Page 1 of 5 2. That the proposed use will 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 overnight delivery operation at this location will not be detrimental to persons working in the vicinity because conditions have been placed on the operation that will mitigate any potential negative or adverse impacts created by the use. In addition, the use is located within the Light Industrial (M -1) Zone, consistent with other light manufacturing uses. 3. That the proposed use will 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, but will instead allow businesses and individuals to send or receive packages to the local and regional consumer. Moreover, the overnight delivery use allows the industrial base to remain economically viable and contributes to the overall success of Santa Ana, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site and area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. As conditioned, the proposed use will be in compliance with regulations and conditions that are imposed on an overnight delivery facility pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. That the proposed use will adversely affect the General Plan or any specific plan of the City. The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Allowance of an overnight delivery facility to ship and receive packages in a timely manner will assist the local Santa Ana business community and regional businesses. Further, the allowance of the facility contributes to the economic success of the City as a light manufacturing destination. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The re- tenanting of the vacant industrial building and tenant improvements further supports this policy. The project is also consistent with Policy 5.4 of the Land Use Element, supporting land uses which are Resolution No. 2014 -18 Page 2 of 5 consistent with the Land Use Plan of the Land Use Element. As proposed, the project is consistent with the Industrial (IND) land use designation. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project will have no significant effect on traffic, noise, air quality or water quality. Re- tenanting an existing industrial space with no building expansion would not result in any effect on the environment. As all public services and facilities are available at this location to allow the re -use of the industrial space and the project area is not environmentally sensitive, this exemption is warranted for this project. Categorical Exemption Environmental Review No. 2014- 15 will be filed for this project. Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2014 -14, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow an overnight delivery operation in the M1 zoning district for the property located at 1951 East Carnegie Avenue. 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 May 27, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 27th day of May, 2014 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Resolution No. 2014 -18 Page 3 of 5 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2014 -18 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 27, 2014. Date: S /d y/) � Acting Recording Secretary of the Planning Commission City of Santa Ana Resolution No. 2014 -18 Page 4 of 5 EXHIBIT A Conditions for Conditional Use Permit No 2014 -14 Conditional Use Permit No. 2014 -14 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. 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2014 -04. 2. 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. 3. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 4. Prior to issuance of a Certificate of Occupancy, the existing property and required parking must conform to the provisions of Chapter 8, Article Il, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 5. Prior to issuance of the certificate of occupancy, construct a trash enclosure to city requirements as approved by the Planning and Building Agency. Resolution No. 2014 -18 Page 5 of 5