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Home My WebLink About31A - CUP - 918 N BEWLEYREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: CONDITIONAL USE PERMIT NO. 2017 -11 TO ALLOW ANGEL PRESCHOOL TO OPERATE A CHILD CARE FACILITY FOR 45 CHILDREN AT 918 NORTH BEWLEY STREET - LAM NGUYEN, APPLICANT (STRATEGIC PLAN NO. 3,2) CI -Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2017 -11 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on April 10, 2017 by a vote of 7:0, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2017 -11 as conditioned to allow Angel Preschool to increase the number of children allowed at the existing child care facility from 14 to 45 at 918 North Bewley Street located in the Two - Family Residential (R -2) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION The Lovers of the Holy Cross Sisters are proposing to address the needs and demands of the community by expanding their small 14 -child day care facility into a 45 -child large day care center. As part of the conversion to a larger facility, improvements will be made to the site. The improvements include the installation of additional parking spaces adjacent to the facility, the conversion of an existing two -car garage into a shaded play area for the children, and interior improvements to the structure to bring it to Building and Fire Code compliance. No other construction or expansion of square footage is proposed. Full -sized site plans are available for public viewing in the Clerk of the Council Office. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objectives #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). 31A-1 CUP No. 2017 -11 —Angel Preschool at 918 North Bewley Street May 2, 2017 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. assan Haghani, AICP Executive Director Planning & Building Agency VF:rb vflreperls \CUP \CUP17 -11 Angel Preschool.cc Exhibit: A. Planning Commission Staff Report 31A-2 7ZEQUEST ! I R- ARIZRKIN?araflrM,I&Slici]-ZI MA411 `Cc;e *�:f�l APRIL 10, 2017 TITLE: PUBLIC HEARING — FILED BY LAM NGUYEN FOR CONDITIONAL USE PERMIT NO. 2017-11 TO ALLOW ANGEL PRESCHOOL TO OPERATE A CHILD CARE FACILITY FOR 45 CHILDREN AT 918 NORTH BEWLEY STREET (STRATEGIC PLAN NO. 3,2) Prepared by Vince Fregoso xecu , Dlrector PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED Zoning Designation • Applicant's Request • Staff Recommendation CONTINUED TO Planning Man er RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2017 -11 as conditioned. Executive Summate Lam Nguyen, representing The Lovers of the Holy Cross Sisters and Angel Preschool, is requesting approval of a conditional use permit (CUP) to allow a child care facility for 45 students at an existing child care facility at 918 North Bewley Street. Staff recommends approval of the request due to the community benefits of a child care facility, the operator's history of compliance with City codes, and regulations that will require the facility to operate as a child care facility. Table 1: Project and Location Information Iferra _ Information Proect Address -- 918 North Bewley Street Nearest Intersection Bewley and Hazard Streets General Plan Designation Low Density Residential (LR) Zoning Designation Two-Family Residence (R2) Surrounding Land Uses North Residential_ East v Residential South Residential West Commercial Property Size _ 37,176 square feet 0.83 acres Existing Site Development The site contains a one - story, 3,024- square foot structure that is currently occupied by Angel Preschool. Two other buildings, both two -story apartment buildings with a total of 11- units, occupy the rear of the site. Use Permissions Child care facilities for more than 14 students are allowed with a conditional use permit in the Two - Family Residence zoning district, Zoning Code Sections Affected Uses I SAMC Section 41 -247.5 O erational Standards _ LSAIVIC Section 41 -246 through 41 -256 EXHIBIT A 31A-3 Conditional Use Permit No. 2017 -11 April 10, 2017 Page 2 Project Description The Lovers of the Holy Gross Sisters currently operate a 14- children child care facility at the subject site. In order to address the needs and demands of the community, Angel Preschool is proposing to expand the child care facility to 45 children. In conjunction with this request, improvements will be made to the site. The improvements include the installation of additional parking spaces adjacent to the facility and the conversion of an existing two -car garage into a shaded play area for the students. No other construction or expansion of square footage is proposed. Table 2: Operational Standards Standards Requikeii'I? ,SANG Provided= Parking One space per 8 students plus one space per teacher Complies Loading Zone Ones ace Complies The Angel Preschool is located within a residential structure that was constructed prior to 1969. The building was used for residential purposes until 2002, when The Lovers of the Holy Cross Sisters opened a preschool in the building. In 1972, a previous property owner received approval to relocate the existing apartment buildings to the rear of the site. These buildings are currently being used as apartments by the Sisters that operate the Angel Preschool facility. Project Analvsjs Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permits may be granted when it can be shown that the proposed project will not adversely impact the community, if these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Staff has prepared the following analysis, which in turn forms the basis for the recommendation contained in this report. For over 10 years, The Lovers of the Holy Cross Sisters have been operating the Angel Preschool at this location, providing early education opportunities to children ranging in age from 2.5 years. Due to the success of their program, the Sisters are proposing to expand their program and serve an additional 31 children, bringing the maximum number of children served at the preschool to 45. This will allow the Sisters to provide early and important educational services to more children, thereby providing a greater benefit to the community. 31A-4 Conditional Use Permit No. 2017 -11 April 10, 2017 Page 3 Staff has reviewed the applicant's request to expand the existing child care facility and is supportive of the request. To avoid potential adverse impacts associated with the child care facility use, a number of conditions are proposed to be attached to the conditional use permit. It is not anticipated that the expanded child care facility, in conjunction with the proposed conditions, will adversely affect the surrounding residential or commercial community. Parking for the child care and residential uses meets code, with 27 parking spaces required and 28 provided. In addition, upgrades will be made to the site, including the addition of new paved areas for parking, an enlarged outdoor play area, and interior modifications to meet Building and Fire codes. The expanded child care facility will provide a long -term social benefit to the community as the facility will increase the educational competence of children in the immediate area and will provide a supportive learning environment for preschool aged children. These services will serve to increase the safety and general welfare of children in the area. Additionally, no adverse impacts are anticipated as a result of the project's approval. The facility will continue to operate in compliance with all applicable regulations and conditions imposed on a child care facility pursuant to Chapter 41 of the SAMC. Finally, the proposed CUP will be consistent with several goals and policies of the General Plan, including Goal 1 of the Land Use Element to promote a balance of land uses to address basic community needs and Goal 3 to preserve and improve the character and integrity of neighborhoods. Table 4: CEQA. Strategic Plan Alignment and Public Notification & Community Outreach CEQA, Strategic Plan Alignment; and Public Notification & Community Outreach CEQA CEQA T e_ Categorical Exemption - Section 15332 Reason(s) This Class 32 exemption allows infill development that is consistent with the Exempt or Analysis zoning and general plan designations, is on a site less than 5 acres in size, will not have any effects on the environment and is adequately served by existing utilities. Categorical Exemption Environmental Review No. 2016 -95 will be filed for this project. Strategic Plan Alignment Goal(s) and Approval of this item supports the City's efforts to meet Goal No.3 (Economic Policy(s) Development) Objective No. 2 of creating new opportunities for business /jab growth and encourage private development through new General Plan and Zoning Ordinance policies. Public Notification & Community Outreach _ _ Required Measures �— A public noticed was posted on the project site on March 31, 2017. Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on March 31, 2017. _ Newspaper posting was published in the Orange County Reporter on March 31, 2017. 31A-5 Conditional Use Permit No. 2017 -11 April 10, 2017 Page 4 Public Notification & Community Outreach The Santa Ana Triangle Neighborhood Association was contacted by phone on Additional Measures March 22, 2017 to identify any areas of concern due to the proposed ABC license upgrade. At the time this report was printed, no issues of concern were raised re ardinq thi12plication. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2017 -11 as conditioned. Vince Fregoso, A O Principal Planne AP -jm vflreponMCUP1CUp17 -11 Angel Presohool.041017pc Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Existing Land Use Map Exhibit 3 -- Site Photo Exhibit 4 — Site /Floor Plan Exhibit 5 — Floor Plan Detail 31A-6 SEVENIEENTH ST sp-2 C2 SP-2 t SP -2 ji sp SP-2 it i iL------- it it At tt Mi , RI 81 i2 R2 R2 I 2 At At P-2 1 32 SF- i R2 R2 nl 2 a 0 ZARD I E 0 RI At A' O 2 sp- A2- R2 At 14-PRD SP2 5 isp 12 A =1 I t"FL Jzz It u-pw i"F ,A, I 11 R2 -' R2 f -zz z A 01 SP -2 Q .c2o sp W sil I P., IF it At 3a"LAC9CJLRJR4Lt CA COMMGUALRUSDDMAL At SNGLErMI-YRISOFIVAL .8 FARKINGNIODIRWON an ouVGNmINttHJIHi W. TWFAMILYPiqUENCE DUO C0MM8T0ALWVrH MAIN ml UGHMINDUSMAL Po mwnFL umsTYMUL:nR cl COMMUNITYMMMUCAL M2 HRWINDUSIRAL rAM I Ly Fa DM CE Cl-MD COMM. MMMMAUMUSWM 116M mo MILITAVOPTAMONG FA SUBUREANAMRFMI cz GENIERALOOMM50AL 0 OtAll SFACE RE FESDENIIALMIE CA CFNTMLBJSNE p PROFFESONAL so 9MMCDIF a0FMFNT ZDA (ANTRAL BUSNMARI AM RANNW ()ZMMUNIW DMOFMIEW 3r HI DI AANNM910MNGC94TM PRI) PLANNED RE30MllALWa0FMbNT 0 ARfERALCOMMMAL CUP 2017-11 ANGEL PRESCHOOL EXPANSION 918 NORTH BEWLEY STREET 900 FEFT V=1000 Fm P L A N N I N G A N D 0 U I L 0 1 N G A G E N 0 Y EXHIBIT I VICINITY MAP 31A-7 CUP2017 -11 ANGEL PRESCHOOL EXPANSION 918 NORTH BEWLEY STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-8 ..d MULTI - W ¢ z FA ILY W " � l") W SINGLE- FAMILY REST ENCE !z vi COMMERCIAL M U LT I -FA M I LY RESIDENCE MULTI- FAMILY R E 5 1 D E N CE W 77TH AVENUE x J SINGLE -FA I L Y C7 UL I- SIN LE F RESIDEN E u SINGLF-FAM LY F MI Y CE fiESID NC- RE-1DE CE S N > LL, w w w � L° COMMERCIAL C7 '^ m V- MULTI - FAMILY RESIDENCE SINGLE -FAMI Y RE IDENCE HAZARD AVENUE r w % LLI u 0 Vt LL W J ry LQ W m O t7 W W l7W Q K S Z � yr z � LL w CUP2017 -11 ANGEL PRESCHOOL EXPANSION 918 NORTH BEWLEY STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-8 ..d W ¢ z W W " � l") W !z vi MULTI- FAMILY RESIDENCE W x C7 SIN LE F MILY u RESI E CE CUP2017 -11 ANGEL PRESCHOOL EXPANSION 918 NORTH BEWLEY STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-8 ..d W ¢ z W W W � l") W !z vi CUP2017 -11 ANGEL PRESCHOOL EXPANSION 918 NORTH BEWLEY STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-8 n Sy�'�" •rw sy,- o , � { „€-1 c -.., v'r_ li ',� i 1 vfi� .- c 4 - 'T , 1 a ?rN��'*,y"�,eii _,gi ✓'�� s '� 't°� �' ..� f�ir4ri^«tn . ff x. � � 1 .M v? fill'. i t]k S1i Y9104i 1i ;3143 Ty {(.LPD9R FYl4 +i }v Ea36 iA %$1S9J i8A ¢ff 1439E }p9t3 tl A� 3>T s.9Yi &S9'i SgUi �Y »�a�•A�r'� iv'" s n�t+ �'�. `yvP-"si f}, ar."w F.- #r��.Y"�.4'z4' --, 42a4'�'�"'a .s€�'.rs"•.� =-5 *'mot c- v`'f?".a p'iix�Tx°"f *@`�''v'� -: ��3�5 ✓�x4q Y , .�l>:��`%,Ilf�� / /�f/�`�� FW e' 4 7 C { ) F, §/ ( 2 @ {e, / \!« /d(\| »d4! I- « � \ _ ] ; \.; §�� ; EX$IA% � 4 am I-V IL rr 0 CO CO IIVM,z MOVOW 7 Ow a rr 90F. n o- As wounvio i LU Ln z z O (Y) . ........ ..... C\j w eff Lu ZD N3 < F-V- cc 0 9 Cl) co LU LLJ EXHIBIT 5 31A-1 1 LS 4.10.17 RESOLUTION NO. 2017 -13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017 -11, AS CONDITIONED, TO ALLOW ANGEL PRESCHOOL TO EXPAND AN EXISTING CHILD CARE FACILITY TO 45 STUDENTS AT THE PROPERTY LOCATED AT 918 NORTH BEWLEY 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. 2017 -11 to allow the Angel Preschool to convert an existing small child care facility to a large child care facility and expand the number of children allowed at the child care facility from 14 to 45 for the property located at 918 North Bewley Street. B. Santa Ana Municipal Code Section 41 -247.5 (a) requires approval of a conditional use permit for child care facilities caring for more than 14 children. C. On April 10, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017 -11. 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 Section 41- 638, have been established for Conditional Use Permit No. 2017 -11, as conditioned, to allow a child care facility caring for more than 14 children: 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 Angel Preschool child care facility will continue to provide a service to the area by providing the resources children need to increase their educational competence. The expanded facility will provide additional space and amenities to serve more children, thereby benefitting the entire neighborhood. Resolution No. 2017 -13 Page 1 of 6 31A -12 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 child care facility will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity but will instead provide a supportive learning environment for children ages 2 to 5. The expansion of the existing facility will thus increase the safety and welfare of children in the surrounding community. Additionally, the proposed conditions of approval will ensure that the use will not create any new negative or adverse impacts. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The project will not affect the present economic stability or future economic development of properties surrounding the area. The improvements to be made to the site will identify the area as one ready for continued investment, thus enhancing the economic viability of the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed expansion of the existing child care facility will be in compliance with all applicable regulations and standards found in Chapter 41 of the Santa Ana Municipal Code regarding child care facilities. Conditions of approval will ensure the project remains in compliance with all applicable codes and regulations for a child care use and ensure the use does not impact neighboring properties or create an attractive nuisance. 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 use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 1.8 encourages the development of nonprofit services, Policy 3.1 supports development which provides a positive contribution to neighborhood character and identity, and Policy 5.5 encourages development that is compatible with and supporting of surrounding land uses. Resolution No. 2017 -13 Page 2 of 6 31A -13 E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15332. This Class 32 exemption allows infill development that is consistent with the zoning and general plan designations, is on a site less than 5 acres in size, will not have any effects on the environment and is adequately served by existing utilities. Categorical Exemption Environmental Review No. 2016 -95 will be filed for this project. 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. 2017 -11 for the project located at 918 North Bewley Street, as conditioned in Exhibit A, attached hereto and incorporated herein. 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 April 10, 2017, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 10th day of April, 2017. AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS -LEO, MCLOUGHLIN, MENDOZA, NGUYEN, VERINO (7) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney Lynnette Verino Chairperson 31A -14 Resolution No. 2017 -13 Page 3 of 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2017 -13 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 10, 2017. Date: Commission Secretary City of Santa Ana 31A-15 Resolution No. 2017 -13 Page 4 of 6 EXHIBIT A Conditions of Approval Conditional Use Permit No. 2017 -11 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. 2016 -34. 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 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. There shall be a maximum of 45 children permitted at any given time for the child care facility. Any increase in the number of children will require further review of the conditional use permit. 5. Hours of operation for the facility shall be limited to 7:00 a.m. to 7:00 p.m. 6. Landscaping shall be maintained in compliance with the submitted plan including all parkways and street trees. Any modifications to this plan shall be submitted to the Planning Division for review and subject to the approval of the Planning Manager. 7. Prior to submittal into Building plan check, revise the plans to address the following: a. Depict and note the location of the trash enclosure and bin(s) for the proposed project to ensure it is adjacent to the preschool use. b. Depict the safe and efficient access of trash vehicles to trash receptacles and recycling bins inside the property. Resolution No. 2017 -13 Page 5 of 6 31A -16 c. Depict and note a vehicular turnaround area prior to the existing entrance gate at the northern driveway or add a note that states "The proposed six foot high fence and gate will remain open during the business hours of Angel Preschool." Add a note to the western drive approach that states "Remove existing driveway approach, curb and gutter and replace with the construction of new curb, gutter, parkway and sod." Resolution No. 2017 -13 Page 6 of 6 31A -17 31A -18