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HomeMy WebLinkAboutRESO 2016-36_1910 W Chestnut Ave (KidWorks Exp)LS 9.26.16 RESOLUTION NO. 2016-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016-35 AS CONDITIONED TO ALLOW THE EXPANSION OF THE KIDWORKS CHILD CARE FACILITY INTO AN ADJACENT BUILDING AT THE PROPERTY LOCATED AT 1910 WEST CHESTNUT 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. 2016-35 to allow KidWorks to expand their child care facility into an industrial building located at 1910 West Chestnut Avenue. B. Santa Ana Municipal Code Section 41-472.5(c) requires approval of a conditional use permit for child care facilities within the Light Industrial (M- 1) zoning district. Applicant is proposing to expand an existing child care facility at 1902 West Chestnut Avenue into a building located at 1910 West Chestnut Avenue. C. On September 26, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-35. 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 41-638, have been established for Conditional Use Permit No. 2016-35 to allow for a child care facility: 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 KidWorks child care facility will provide services that contribute to the well-being of the surrounding community. The expansion project will allow KidWorks the ability to provide the resources students need to increase their educational competence. The project will provide additional space and amenities needed to serve more children, thus benefiting the entire neighborhood. Resolution No. 2016-36 Page 1 of 6 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 childcare facility will not be detrimental to the health, safety or welfare of persons in the area as the project will provide a safe and supportive learning environment for children of all ages. These services will increase the safety and welfare of children in the community. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed project will not adversely affect the economic viability of the area. The occupation of the building with a new use will result in a positive addition to the surrounding area and will complement and improve the economic viability of the area. Further, improvements such as interior tenant improvements, fagade upgrades and the restriping and repaving of the parking lot will identify this area as a stable area ready for additional investment. 4. That the proposed use will comply with the regulations and , conditions specified in Chapter 41 for such use. v KidWorks will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code and all other provisions that regulate child care uses, including applicable Building and Fire Codes. In addition, there are no code enforcement violations on the subject site at the time of this report. 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 proposed child care use is consistent with the General Plan's Land Use Element policies to encourage the development of nonprofit facilities and services as well as promote uses that provide a positive contribution to neighborhood character and identity. There are no specific plans in the immediate area. E. In accordance with the California Environmental Quality Act, the recommended action is exempt for further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no Resolution No. 2016-36 Page 2 of 6 possibility of having a significant impact on the environment. General Rule Exemption Environmental Review No. 2012-39 will be filed for this project. The project proposes to allow the occupancy of an existing building with no building expansion, and the building will be in compliance with all provisions of the Municipal Code. No adverse environmental impacts will result from the child care use, and it can be seen with certainty that there is no possibility that the activity in question will have a significant effect on the environment. Section 2. 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 sole negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016-35 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1910 West Chestnut 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 September 26, 2016, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 26" day of September, 2016 AYES: Commissioners: Alderete, Gartner, McLoughlin, Mendoza, Verino (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Bauer (1) ABSTENTIONS: Commissioners: Bacerra (1) IiAAA V +3o L vette Verino Chairperson Resolution No. 2016-36 Page 3 of 6 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: A<4 c' 4&� J� 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. 2016-36 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 26, 2016. Date: 9/d bll b Acting Recording Secretary City of Santa Ana Resolution No. 2016-36 Page 4 of 6 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2016-35 Conditional Use Permit No. 2016-35 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 belowrip 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 improvements must conform to the Site Plan Review approval of DP No. 2012-20 and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. There shall be no outside services or activities permitted outdoors other than within the enclosed outdoor play area. All temporary outdoor events shall be in compliance with Section 41-195 of the Santa Ana Municipal Code and subject to an approved Land Use Certificate. 4. There shall be a maximum of 88 children permitted at any given time for the proposed childcare facility. Any additional number of children will require additional parking and further review of the conditional use permit. 5. A minimum of 22 parking spaces shall be provided at all times. All stalls shall be double striped and shall not encroach into required landscape areas. 6. Landscaping, once installed, shall be maintained per the approved landscape plan. 7. Prior to issuance of a certificate of occupancy, the parking lot needs to be repaired and repaved per city standards. Resolution No. 2016-36 Page 5 of 6 8. Conditional Use Permit No. 2004-10, issued for the property located at 1902 West Chestnut Avenue, will become void upon the recordation of Voluntary Lot Merger No. 2016-8. Resolution No. 2016-36 Page 6 of 6