HomeMy WebLinkAboutRESO 2017-13_918 N. Bewley StreetLS 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
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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
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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:
lt,
L ette Verino
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:L�. c—
Lisa Storck
Assistant City Attorney
Resolution No. 2017-13
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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: I I1 I ) i
C'vdu , fi�
Commission Secretary
City of Santa Ana
Resolution No. 2017-13
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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 belowrip 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.
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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."
d. 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."
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