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HomeMy WebLinkAboutRESO 2016-03_920 N Poinsettia (AGC Vocational School)LS 1.20.16 RESOLUTION NO. 2016 -03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2015 -22 AS CONDITIONED TO ALLOW A TRADE SCHOOL FOR THE PROPERTY LOCATED AT 920 NORTH POINSETTIA STREET 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. 2015 -22 to allow a trade school in the Specific Development No. 84 (SD84) zoning district at the property located at 920 North Poinsettia Street. B. Santa Ana Municipal Code Section 41- 472.5(d) requires approval of a conditional use permit to allow trade schools which provide instruction that requires the operation of heavy equipment or machinery normally associated with manufacturing operations in the Light Industrial (M1) zoning district. C. On January 25, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2015 -22. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41- 472.5(d), have been established for Conditional Use Permit No. 2015 -22 to warrant approval of the conditional use permit to allow a trade school: 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 AGC Vocational School will provide a service to the community as it will support the adjacent industrial and residential uses in the area and will assist in diversifying the range of educational opportunities available to those working or residing in the city. Further, the proposed trade school is best suited within a larger industrial building that is typically found in the City's industrial zoning districts. Resolution No. 2016 -03 Page 1 of 5 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 AGC Vocational School will not be detrimental to persons residing or working in the vicinity because the trade school will operate within a completely enclosed building, thereby minimizing potential impacts, such as noise, on the surrounding tenants. Additionally, conditions of approval have been incorporated into the project approvals to minimize impacts from occurring on the premises. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed AGC Vocational School will not adversely affect the economic stability of the area. The proposed trade school will result in a positive addition to the surrounding area by providing educational opportunities, promoting job skills training and will complement and improve the economic viability of the area as the use will reoccupy a vacant industrial building, thereby reducing the vacancy rate of the area and identifying the area as a stable location for economic investment. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed AGC Vocational School will be in compliance with all applicable regulations and provisions of Chapter 41 of the Santa Ana Municipal Code and all other provisions that are applicable to a trade school. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The proposed AGC Vocational School will not adversely affect the General Plan. The proposed trade school at this location supports several General Plan Goals and Policies, including Land Use Element Goal 1, which promotes the balance of land uses to address basic community needs; Goal 2, which promotes land uses that enhance the economic viability of the City; and, Goal 3, which aims to allow uses that preserve and improve the character and integrity of neighborhoods, including both the adjacent Resolution No. 2016 -03 Page 2 of 5 industrial and residential neighborhoods. This project will provide a use that will assist in diversifying the range of services available to residents of Santa Ana. Land Use Element Policy 2.8 promotes the rehabilitation of commercial properties and encourages increase levels of capital investment. The proposed trade school use will occupy a vacant tenant space representing increased levels of capital investment in the property. The re- tenanting of a vacant space with a viable business further supports the rehabilitation of this property. Land Use Element Policy 5.4 supports land uses which are consistent with the Land Use Plan of the Land Use Element. The M1 zoning district allows trade schools subject to a conditional use permit, making the proposed use consistent with the zoning and the Land Use Plan of the Land Use Element. Land Use Element Policy 5.5 encourages development which is compatible with and supportive of surrounding land uses. The addition of a trade school will provide additional educational opportunities for the surrounding businesses and residents. Section 2. CEQA Compliance. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15301. The Section 15301 (Class 1) exemption applies to the operation of existing facilities and allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2012 -77 will be filed for this project. Section 3. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2015 -22 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 920 North Poinsettia Street. 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 January 25, 2016 and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 25th day of January, 2016 Resolution No. 2016 -03 Page 3 of 5 AYES: Commissioners: Bacerra, Bauer, Gartner, McLoughlin, Mill, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete (0) ABSTENTIONS: Commissioners: NIM one � APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: C— Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Karen Gerardo, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2016 -03 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 25, 2016. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2016 -03 Page 4 of 5 EXHIBIT Conditions of Approval for Conditional Use Permit No. 2015 -22 Conditional Use Permit No. 2015 -22 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 approval. 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2012 -42 and the staff report exhibits. 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 that the conditional use permit must be amended. 3. Prior to approval of Certificate of Occupancy, all on -site improvements shall be made in accordance with the submitted plans. 4. Landscaping shall be maintained in compliance with the submitted plan. Any modifications to this plan shall be submitted to the Planning Division for review and subject to the approval of the Planning Manager. 5. The hours of operation shall be limited to Monday thru Friday from 5:00 p.m. to 8:30 p.m. 6. All instruction shall be conducted within the building. Resolution No. 2016 -03 Page 5 of 5