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Amendment Application No. 2010-01 Conditional Use Permit No. 2010-15 September 13, 2010 Page 3 Analysis of the Issues The proposed project entails two separate actions for consideration: The rezoning of portions of the lot which are zoned R1 and R3 to C2 and the conversion of an existing hotel and restaurant into a licensed residential care facility for the elderly (RCFE). The section below will analyze each of these actions. Amendment Application As a mature city, the City of Santa Ana has seen many changes in its policies that direct development. As such, there are many parcels that have zoning designations that no longer are consistent with the General Plan land use designation or even with the development of the site. The hotel and restaurant were entitled in 1969 with a use variance that allowed development on the portion of the lot that was zoned R1. In 1969, the site had split zoning; the northern 183 feet adjacent to First Street was zoned C2, while the remainder of the lot was zoned R1. In 1989, the zoning of the portion of the lot occupied by the tower was changed from R1 to C2 to bring consistency between the land use, the zoning designation and the General Plan land use designation, leaving a small island in the center of the lot zoned R1. It has been the Planning Division's policy to correct situations like this, where the development is consistent with the General Plan land use designation, but inconsistent with the zoning, as projects are brought forward. As such, the proposed zone change represents only a clean-up to create consistency between the zoning and general plan land use designation. Conditional Use Permit The Santa Ana Municipal Code allows care homes in the General Commercial (C2) zoning district subject to a conditional use permit. Care homes are commercial facilities that are maintained and operated to provide living accommodations for and 24-hour care to persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living. Residential Care Facilities for the Elderly (RFCE) are non-medical facilities that provide room, meals, housekeeping and supervision; distribute medication; and provide personal care assistance with basic activities like hygiene, dressing, eating, bathing and transportation for the elderly. This level of care and supervision is for people who are unable to live by themselves, but who do not need 24-hour nursing care. RCFEs are considered non-medical facilities and are not required to have nurses, certified nursing assistants or doctors on staff. RFCEs or Assisted Living Facilities, as they are sometimes also known, must meet care and safety standards set by the State and are licensed and inspected by the Department of Social Services, Community Care Licensing (CCL). The State not only regulates the service providers, but also ensures compliance with the City standards. Since 1996, Azure Partners has successfully embarked on three hotel conversion projects in the Los Angeles area and have converted more than 300 hotel rooms into senior housing. Since this is their first proposal for a Residential Care Facility for the Elderly as a team, they have assembled a partnership where individual members' experience includes operating and administering licensed (RCFEs) and currently operate two small facilities in Orange County.