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HomeMy WebLinkAboutRESO 2016-27_628 E Washington Ave (Certified Trans)H5 7.11.16 RESOLUTION NO. 2016-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016-18, AS CONDITIONED, TO ALLOW THE EXPANSION OF AN EXISTING BUS TERMINAL AT 628 EAST WASHINGTON 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. Applicant is requesting approval of Conditional Use Permit No. 2016-18 to allow expansion of a bus terminal located at 628 East Washington Avenue. B. Santa Ana Municipal Code Section 41-472.5(i) requires approval of a conditional use permit for bus terminals in the M1 zone. C. On June 13, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-18. On June 13, 2016 the Planning Commission continued the item to the July 11, 2016 meeting. 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(i), have been established for Conditional Use Permit No. 2016-18 to allow a bus terminal operation: 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 bus terminal expansion will contribute to the well-being of the neighborhood by acting as transitional and buffering use between heavy industrial land uses and potential new residential land uses allowed by zoning. 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 expansion of a bus terminal will not be detrimental to persons residing or working in the vicinity because conditions have been placed upon the land use that Resolution No. 2016-27 Page 1 of 5 HS 7.11.16 will mitigate any potential negative or adverse impacts that could be created by the use. 3. That the proposed use will not 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 spur new development and encourage nearby sites to improve. The expansion of a local business affects the economic stability of an area in a positive way. 4. That the proposed use will 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 bus terminals pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will operate within the noise standards set by SAMC Section 18-312 and will not interfere with any future potential residential development in this zone. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The construction of a new industrial building use further supports the viability of the local industrial properties. Policy 4.3 of the Land Use Element encourages support of land uses which provide community and regional economic and service benefits. Expansion of the bus terminal encourages economic growth and investment in the area governed by the Transit Zoning Code. Section 2. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15303(c) as the project is less than 10,000 square feet on a site zoned for such use and not involving the use of significant amounts of hazardous substances and where all necessary public services and facilities are available and the surrounding area and is not environmentally sensitive. Categorical Exemption Environmental Review No. 2016-50 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 Resolution No. 2016-27 Page 2 of 5 HS 7.11.16 project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole 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. 2016-18, as conditioned as set forth in Exhibit A (Conditions of Approval) and Exhibit B (Operational Plan) attached hereto and incorporated herein by reference, for the property located at 628 East Washington Avenue. 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 June 13, 2016 and exhibits attached thereto; the Request for Planning Commission Action dated July 11, 2016 and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 11th day of July, 2016. AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, McLoughlin (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Verino (1) ABSTENTIONS: Commissioners: Nor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By� Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016-27 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 11, 2016. Date: 7//?//k wvrL Acting Recording Secretary City of Santa Ana Resolution No. 2016-27 Page 3 of 5 HS 7.11.16 Conditions of Approval Conditional Use Permit No. 2016-18 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 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. Hours of operation are limited to 6:00 a.m. to 10:00 p.m. on the Washington Street site. 2. All tour bus activity will be relocated from the Custer Street site to the Washington Street site. 3. The site shall be surrounded by an eight -foot decorative block wall and wrought iron gates. 4. A 24-hour call center number shall be implemented for residents to raise concerns and report problems at the two Certified Transportation sites, and shall be posted on all Certified Transportation sites. 5. Vehicles are not to be left idling for more than five minutes per California Code of Regulations, Section 2485. 6. Landscape will be maintained in good condition and include a timed irrigation system. 7. Certified Transportation is to prepare an Operational Plan for its expanded bus terminal located at 628 East Washington Avenue, and agrees to maintain an Operational Plan for its off-site property located at 1038 North Custer Street (Exhibit B). Resolution No. 2016-27 Page 4 of 5 HS 7.11.16 W■ no. Won Operational Plan for 1038 North Custer Street Certified Transportation CUP No. 2016-18 — Expansion of Existing Bus Terminal 628 East Washington Avenue August 2, 2016 1) Hours of light maintenance shall be from 6:00 am to 8:00 pm, Monday through Saturday. Light maintenance shall consist of bus servicing and minor repair of buses, including replacement of belts, hoses, batteries, tires, shock absorbers, oil and air filters, chassis lubrication, air conditioning servicing, replacement of brake pads, seat repairs, wiper blade repairs, window/class repairs, electrical repairs, and washing. 2) Per M1 (Light Industrial) District operational standards, in the City of Santa Ana Municipal Code (SAMC), any activity permitted in this district shall be conducted in such a manner as not to have a detrimental effect on permitted adjacent uses by reason of refuse matter, noise, light, vibration or lack of proper maintenance of grounds or buildings. Resolution No. 2016-27 Page 5 of 5