Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
06-24-19 AGENDA PACKET
PLANNING COMMISSION AGENDA June 24, 2019 Minh Thai Executive Director CITY OF SANTA ANA PLANNING COMMISSION REGULAR MEETING AGENDA JUNE 24, 2019 5:30 P.M. COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, California MARK McLOUGHLIN Chair, Citywide Representative CYNTHIA CONTRERAS-LEO Vice Chair, Ward 5 Representative ERIC ALDERETE Ward 1 Representative FELIX RIVERA Ward 2 Representative KENNETH NGUYEN Ward 3 Representative DAVID BENAVIDES Ward 4 Representative ANGIE CANO Ward 6 Representative The Planning Commission Agenda can be found online at https://www.santa-ana.org/cc/city-meetings Si tiene preguntas en español, favor de llamar a Narcee Perez al (714) 667-2260. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. If you wish to submit a comment on any item on the Agenda, please submit to eComments@santa-ana.org before 1:00 p.m. or prior to the day of the meeting; emails received after said time may not be distributed to the Commission but will be on file for public viewing the day after the meeting and will be made part of the record. If you need special assistance to participate in this Planning Commission meeting, please contact Michael Ortiz, ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting [Americans with Disabilities Act, Title II, 28 CFR 35.102]. For translation services in other languages, contact Sarah Bernal at 714-667-2732 no later than 48 hours prior to the scheduled meeting. Lisa E. Storck Legal Counsel Candida Neal, AICP Planning Manager Sarah Bernal Recording Secretary PLANNING COMMISSION AGENDA June 24, 2019 Basic Planning Commission Meeting Information Five-Year Strategic Plan (2014-2019): Vision, Mission and Guiding Principles - The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The vision, mission and guiding principles (values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow. Vision - The dynamic center of Orange County which is acclaimed for our: •Investment in youth •Safe and healthy community •Neighborhood pride •Thriving economic climate •Enriched and diverse culture •Quality government services Mission – “To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.” Guiding Principles - •Collaboration •Efficiency •Equity •Excellence •Fiscal Responsibility •Innovation •Transparency Strategic Plan Goals/Objectives/Strategies: Goal 1 - Community Safety Goal 2 - Youth, Education, Recreation Goal 3 - Economic Development Goal 4 - City Financial Stability Goal 5 - Community Health, Livability, Engagement & Sustainability Goal 6 - Community Facilities & Infrastructure Goal 7 - Team Santa Ana Planning Commission: The Santa Ana Planning Commission consists of seven residents of the city who are appointed by Santa Ana City Councilmembers. The Commission meets regularly on the second and fourth Monday of each month in the Council Chamber located at 22 Civic Center Plaza, Santa Ana, CA 92701. Meetings begin at 5:30 p.m., unless otherwise noted. The Planning Commission is responsible for providing input to the City Council on long-range planning. Santa Ana’s long-range planning goals are embodied in the General Plan. The General Plan and the amendments to it are reviewed by the Planning Commission and adopted by the City Council. The General Plan is implemented through the City’s development regulations. The Planning Commission has the authority to approve or deny applications concerning development within the City. The category of applications includes Tentative Tract Maps, Conditional Use Permits, Minor Exceptions, and Variances. The Planning Commission also makes recommendations to the City Council on all applications for amendments to Zoning and the General Plan. Agenda An agenda is provided for each Planning Commission meeting. The Planning Commission agenda is posted on the posting boards outside the Civic Center entrance and Council Chamber. Meeting agendas and approved minutes are kept current on the City website at www.santa- ana.org/cc/city-meetings. The items on the agenda are arranged in four categories: 1. Consent Calendar: These are relatively minor in nature, do not have any outstanding issues or concerns, and do not require a public hearing. All consent calendar items are considered by the Commission as one item and a single vote is taken for their approval, unless an item is pulled from the consent calendar for individual discussion. There is no public discussion of consent calendar items unless requested by the Commission. 2. Public Hearings: This category is for case applications that require, by law, a hearing open to public comment because of the discretionary nature of the request. Public hearings are formally conducted and public input/testimony is requested at a specific time. This is your opportunity to speak on the item(s) that concern you. 3. Business Items: Items in this category are general in nature and may require Commission action. Public input may be received at the request of the Commission. See information for Speaker’s Card/Request to Speak on the first page. 4. Work Study Session: Items in this category are generally items requiring discussion. No action will be taken. Persons wishing to speak regarding Work Study Session matters should file a "Request to Speak" form with the Recording Secretary. Public Hearing Procedure: The Planning Commission will follow the following procedure for all items listed as public hearing items: 1. The Chairman will ask for presentation of the staff report; 2. The Commission will have the opportunity to question staff in order to clarify any specific points; 3. The public hearing will be opened; 4. The applicant and the project representative will be allowed to make a presentation; 5. Members of the audience will be allowed to speak, for a maximum of 3 minutes per speaker; 6. The applicant will be given an opportunity to respond to comments made by the audience; 7. The public hearing will be closed; and 8. Discussion of the proposal will return to the Commission with formal action taken to approve, conditionally approve, deny, or continue review of the application. Staff Reports: Staff reports can be downloaded from the City’s website at https://www.santa-ana.org/cc/city-meetings If you have any questions regarding any item of business on the agenda for this meeting, or any of the staff reports or other documentation relating to any agenda item, please contact the Planning and Building Agency at 714-667-2732. Appeals: The formal action by the Planning Commission regarding Tentative Tract Maps, Conditional Use Permits, Minor Exceptions, and Variances are final and shall become effective after the ten-day appeal period (unless the City Council in compliance with section 41-643, 41-644 or 41-645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council). An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission’s action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. Submittal of information for dissemination or presentation Written Materials/Handouts: Any member of the public who desires to submit documentation in hard copy form may do so prior to the meeting or at the time he/she addresses the Planning Commission. Please provide 15 copies of the information to be submitted and file with the Recording Secretary at the time of arrival to the meeting. This information will be disseminated to the Planning Commission at the time testimony is given. Large Displays/Maps/Renderings: Any member of the public who desires to display freestanding large displays or renderings in conjunction with their public testimony is asked to notify the Planning and Building Agency at 714- 667-2732 no later than noon on the day of the scheduled meeting. Electronic Documents/Audio-Visuals: Any member of the public who desires to display information electronically in conjunction with their public testimony is asked to submit the information to the Planning and Building Agency at 714-667-2732 no later than noon on the day of the scheduled meeting. Code of Ethics and Conduct: The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. A copy of the City’s Code can be found on the Clerk of the Council’s webpage. The following are the core values expressed: Integrity · Honesty · Responsibility · Fairness · Accountability · Respect · Efficiency Senate Bill 343: As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning & Building Agency during normal business hours. Planning Commission Agenda 2 June 24, 2019 CITY OF SANTA ANA PLANNING COMMISSION MEETING AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS - At this time the members of the public may address the Planning Commission regarding any non-agenda items within the subject matter jurisdiction of the Commission. Members of the public will be allotted 3 minutes to speak Request to Speak shall not be accepted after the public comment session begins without permission of the Chairperson. No action may be taken on non-agenda items unless authorized by law. RECOMMENDED ACTION: Approve staff recommendation on the following Consent Calendar Item: A-C. ADMINISTRATIVE MATTERS A. MINUTES FROM THE REGULAR MEETING OF MAY 28, 2019 {STRATEGIC PLAN NO. 5, 1} RECOMMENDED ACTION: Approve Minutes. B. EXCUSED ABSENCES RECOMMENDED ACTION: Excuse absent commission members. * * * END OF CONSENT CALENDAR * ** CONSENT CALENDAR Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the Recording Secretary. Members of the public will be allotted 3 minutes to speak, unless additional time is granted by the Chairperson. Planning Commission Agenda 3 June 24, 2019 BUSINESS CALENDAR Persons wishing to speak regarding Business Calendar matters should file a "Request to Speak" form with the Recording Secretary. Members of the public will be allotted 3 minutes to speak, unless additional time is granted by the Chairperson. PUBLIC HEARINGS 1.CONDITIONAL USE PERMIT NO. 2019-20 {STRATEGIC PLAN NOS. 3,2; 3,5} – Jerry Guevara, Case Planner. REQUEST: Filed by Core Development Services, representing Crown Castle, to renew the entitlements of an existing 60-foot high major wireless (“mono-pine”) communications facility located at 2210 North Grand Avenue in the Arterial Commercial (C-5) zone. ENVIRONMENTAL DETERMINATION: In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b) (3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the ac tivity in question may have a significant effect on the environment. The project proposes to renew an existing major wireless facility through the issuance of a new CUP. No expansion of square footage or physical land disturbances are proposed as part of t he project. Environmental Review No. 2018-73 will be filed for this project. RECOMMENDED ACTIONS: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-20 AS CONDITIONED TO RENEW THE ENTITLEMENTS OF AN EXISTING 60-FOOT TALL MAJOR WIRELESS COMMUNICATION FACILITY LOCATED AT 2210 NORTH GRAND AVENUE. General Notes: Legal notice published in the Orange County Reporter on June 14, 2019 and notices mailed on June 13, 2019. Decision on this matter is final unless appeal within 10 days. 2.CONDITIONAL USE PERMIT NO. 2019-19 AND VARIANCE NO. 2019-02 {STRATEGIC PLAN NO. 3, 2} – Selena Kelaher, Case Planner. REQUEST: Filed by DNG Properties, LLC, to allow: (1) an adult day care facility; and (2) a reduction in off-street parking in order to facilitate the operation of an adult day care facility and professional office uses at an existing two-story building located at 1800 North Bush Street in the Professional (P) zone. ENVIRONMENTAL DETERMINATION: In accordance with the California Environmental Quality Act (CEQA), the project is exempt from further review per Section 15301 of the Guidelines for CEQA. The Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing private structures involving no negligible or no expansion of the use. Planning Commission Agenda 4 June 24, 2019 RECOMMENDED ACTIONS: a.Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-19 AS CONDITIONED TO ALLOW AN ADULT DAY CARE FACILITY AT 1800 NORTH BUSH STREET; AND b.Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2019-02 AS CONDITIONED TO ALLOW A REDUCTION IN OFF-STREET PARKING FOR AN ADULT DAY CARE FACILITY AT 1800 NORTH BUSH STREET General Notes: Legal notice published in the Orange County Reporter on June 14, 2019 and notices mailed on June 13, 2019. Decision on this matter is final unless appeal within 10 days. * * * END OF BUSINESS CALENDAR * * * COMMENTS 3.STAFF COMMENTS 4.COMMISSION MEMBER COMMENTS ADJOURNMENT – The meeting scheduled for July 8, 2019 is canceled. The next regular meeting will be held on Monday, July 22, 2019 at 5:30 p.m. in Council Chambers, 22 Civic Center Plaza, Santa Ana, California. FUTURE AGENDA ITEMS Elections for Chair, Vice Chair & HRC Rep VAR No. 19-03 - 3323 W Warner Avenue GPA No. 19-02; VAR No. 19-04 - 402 N. Euclid Street CUP No. 19-18 - 923 N. Santiago Street #C This page left blank intentionally. 1 PLANNING COMMISSION MINUTES June 10, 2019 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA June 10, 2019 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:33 P.M. ATTENDANCE COMMISSIONERS Present: ERIC ALDERETE (arrived at 5:35 p.m.) DAVID BENAVIDES (arrived at 5:37 p.m.) ANGIE CANO CYNTHIA CONTRERAS-LEO, Vice Chair MARK MCLOUGHLIN, Chair KENNETH NGUYEN (left at 7:01 p.m.) FELIX RIVERA COMMISSIONERS Absent: None. PLANNING & BUILDING AGENCY STAFF Present: MINH THAI, Executive Director CANDIDA NEAL, Planning Manager LISA STORCK, Assistant City Attorney SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE PRESENTATION by Adrienne Gladson, OC-APA Planning Commissioners Representative, on the Orange County Planning Officials Leadership Initiative Collaborative (OC POLI -C). Invited Commissioners to attend the Leadership on the Dias event on July 18, 2019. PUBLIC COMMENTS (on non-agenda items): None. CONSENT CALENDAR A. MINUTES FROM THE REGULAR MEETING OF JUNE 10, 2019 MOTION: Approve Minutes. MOTION: Nguyen SECOND: Contreras-Leo VOTE: AYES: Alderete, Benavides, Cano Contreras-Leo, McLoughlin, Nguyen, Rivera (7) NOES: None (0) A - 1 2 PLANNING COMMISSION MINUTES June 10, 2019 ABSTAIN: None (0) ABSENT: None (0) * * * END OF CONSENT CALENDAR * ** BUSINESS CALENDAR ITEMS PUBLIC HEARINGS 1. AMENDMENT APPLICATION NO. 2019-02; CONDITIONAL USE PERMIT NO. 2019-12; VARIANCE NO. 2019-01 REQUEST: Filed by Fiedler Group, representing 7-Eleven, Inc. to: (1) change the zoning designation from Light Industrial (M-1) to General Commercial (C-2); (2) allow after-hours operation; and (3) allow an additional free-standing sign for a new 7-Eleven convenience store and gas station located at 1904 W. First Street. General Notes: Legal notice published in the Orange County Reporter on May 3, 2019 and notices mailed on May 2, 2019. Matter was continued from the May 13, 2019 meeting by a vote of 6:0 (Alderete absent). Matter was continued from the May 28, 2019 meeting by a vote of 6:0 (Benavides absent). Case Planner Guevara provided a staff presentation. Commission discussion ensued regarding signage location, size, state regulations, impact of lighting on nearby neighborhood, ingress & egress of site, parking, and security. Written communication in opposition to the matter was received from the following individuals: Paul Chairez Diego Zarate Chair McLoughlin opened the Public Hearing. The following individuals spoke on the matter. Ben Steckler, applicant, spoke in support of the matter. Addressed Commission's concerns regarding signage, safety, and gas tank location. Commission expressed concerns regarding potential loitering, panhandling, and drug sales at the site. It was suggested that the site have a 24-hour security guard, and that the applicant work with the community to address any other safety concerns. The applicant explained that a security guard would have negative economic impacts on the franchisee. Commission generally agreed that an on-site security guard is needed for the site. A - 2 3 PLANNING COMMISSION MINUTES June 10, 2019 Adam Indar, property owner, spoke in support of the matter. Receives call frequently regarding vandalism and loitering on the site. Opined that 7-Eleven will benefit the community. Security condition will make this project unviable. Hopes the Commission reconsiders. Sherrie Olson, representative of the applicant, spoke in support of the matter. Requested that the Commission reconsider the security condition. There were no other speaker and the Public Hearing was closed. Commissioner Benavides motioned to approve the matter with added conditions relating to a 24-hour security guard, semi-annual review by Santa Ana Police Department to review police activity, and participation in the neighborhood association by the franchisee. Motion seconded by Commissioner Alderete. Discussion ensued and commission generally agreed that a 24-hour security guard is not warranted. Commissioner Benavides modified the condition to require a security guard between the hours of 6:00 a.m. and 10 p.m. Modified motion was accepted by seconder. MOTION: 1. Recommend that the City Council adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING AND APPROVING MITIGATED NEGATIVE DECLARATION, ENVIRONMENTAL REVIEW NO. 2017- 140 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO AMENDMENT APPLICATION NO. 2019-02, CONDITIONAL USE PERMIT NO. 2019-12 AND VARIANCE NO. 2019-01 FOR THE PROJECT LOCATED AT 1904 WEST FIRST STREET; 2. Recommend that the City Council adopt an ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2019-02 REZONING THE PROPERTIES LOCATED AT 1904 WEST FIRST STREET, 1910 WEST FIRST STREET, 1916 WEST FIRST STREET, AND 1901 WEST WALNUT STREET FROM LIGHT INDUSTRIAL (M1) TO GENERAL COMMERCIAL (C2) AND 2002 WEST FIRST STREET FROM COMMUNITY COMMERCIAL (C1) TO GENERAL COMMERCIAL (C2) 3. Adopt a resolution. RESOLUTION NO. 2019-25 OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-12 AS CONDITIONED TO ALLOW 24-HOUR OPERATIONS AT A NEW 7- ELEVEN CONVENIENCE STORE LOCATED AT 1904 W EST FIRST STREET with the following added conditions: 1.) There shall be an on-site security guard from 6 a.m. until 10 p.m.; 2.) The Santa Ana Police Department shall review police activity for the site on a semiannual basis to determine if the hours for security shall be reduced or expanded; and 3.) The franchisee shall be an active member of the Casa Bonita Neighborhood Association; A - 3 4 PLANNING COMMISSION MINUTES June 10, 2019 4. Adopt a resolution. RESOLUTION NO. 2019-26 OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2019-01 AS CONDITIONED TO ALLOW AN ADDITIONAL MONUMENT SIGN AT 1904 WEST FIRST STREET MOTION: Benavides SECOND: Alderete VOTE: AYES: Alderete, Benavides Cano Contreras-Leo, McLoughlin, Nguyen, Rivera (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * * * END OF BUSINESS CALENDAR * * * 2. GENERAL PLAN UPDATE Principal Planner Carvajal provided a presentation which included information on the following: Our City’s Future Our Community’s Vision Vision Statement General Plan Elements & Core Values Plan and Focus Area Objectives Santa Ana’s Regional Setting Existing Plans and Focus Areas Protect, Preserve & Enhance Existing Land Use Map Why Now? Transit Oriented Development Benefits Focus Areas South Main Focus Area o Goals for the Focus Area o Urban Neighborhood o Industrial Flex Grand Avenue/ 17th Street Focus Area o Goals for the Focus Area o Urban Neighborhood o Industrial Flex o Medium Density Residential West Santa Ana Boulevard Focus Area o Goals for the Focus Area A - 4 5 PLANNING COMMISSION MINUTES June 10, 2019 o Urban Neighborhood o Industrial Flex o Corridor Residential o Medium Density Residential 55 Freeway/Dyer Road Focus Area o Goals for the Focus Area o District Center o Industrial Flex South Bristol Street Focus Area o Goals for the Focus Area o District Center o Urban Neighborhood Citywide and Focus Area Survey Land Use Survey Evaluation Land Use Survey Quick Facts General Plan Website and Survey Next Steps COMMENTS 3. STAFF COMMENTS Planning Manager Neal o Meeting regarding the city’s 150-year celebration will be held on June 13. o If interested in attending the OC-POLIC meeting, please let staff know. 4. COMMISSION MEMBER COMMENTS Commissioner Benavides o Wished everyone a Happy Father’s Day Vice Chair Contreras-Leo o Wished everyone a Happy Father’s Day Commissioner Cano o Thanked the advanced planning team for their presenation A - 5 6 PLANNING COMMISSION MINUTES June 10, 2019 Chair McLoughlin o Requested for staff to work with the City of Orange Planning Department to obtain information on development projects that are in close proximity to Santa Ana residents. o Wished everyone a Happy Father’s Day 7:52 P.M. ADJOURNMENT – The next regular meeting will be held on June 24, 2019 at 5:30 p.m.in Council Chambers, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary A - 6 1-1 1-2 1-3 1-4 1-5 This page left blank intentionally. 1-6 EXHIBIT 1 1-7 This page left blank intentionally. 1-8 Resolution No. 2019-xx Page 1 of 7 LS 6.24.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-20 AS CONDITIONED TO RENEW THE ENTITLEMENTS OF AN EXISTING 60-FOOT TALL MAJOR WIRELESS COMMUNICATION FACILITY LOCATED AT 2210 NORTH GRAND 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. Alexander Lew with Core Development Services, representing CCTMO, LLC (“Applicant”), is requesting approval of Conditional Use Permit (“CUP”) No. 2019-20 to renew the entitlements of an existing 60-foot tall major wireless communications facility disguised as a mono-pine located at 2210 North Grand Avenue. B. On May 5, 2008, the City Council approved Conditional Use Permit No. 2006-08 allowing the construction of the subject major wireless communications facility. C. Pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-198.10, a Conditional Use Permit is required for major wireless communications facilities established in the City of Santa Ana. D. SAMC Section 41-198.13 states that major wireless communications facilities shall be approved for a period not to exceed ten (10) years. E. The Applicant is required to apply for a new CUP in order to maintain the entitlements for the current facility as the approval has reached 10 years. On June 24, 2019, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2019-20. F. The Planning Commission 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. 2019-20 to renew the entitlements of an existing 60-foot tall major wireless communication facility: 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or the community. 1-9 Resolution No. 2019-xx Page 2 of 7 The major wireless communication facility will continue to provide a service to Santa Ana residents, businesses and motorists who subscribe to cellular services by providing cellular service and data coverage for its users within the vicinity. The issuance of a new conditional use permit will allow the provider to continue to provide a service to the surrounding community. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The issuance of a new conditional use permit to maintain a wireless facility at this location will not be detrimental to persons residing or working in the area as the facility will remain in compliance with Federal law that governs health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The facility is compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealthing provided by the facility’s mono-pine design and location at the rear of the site will maintain and increase the economic stability for this industrial area by providing an additional service for business owners, workers, and residents in the area. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The use will continue to comply with all provisions pertaining to the continuation of existing wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The facility will continue to be stealthed by its design and surrounding landscape and will comply with other standards outlined in the SAMC. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The major wireless communication facility will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication 1-10 Resolution No. 2019-xx Page 3 of 7 that will be served by the facility. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of impacts caused by development. The mono-pine location minimizes visual impact on the area and assists with the stealthing of the equipment. Further, Policy 2.2 encourages land uses that accommodate the City’s need for services. Maintaining a cell phone provider’s coverage in the area adds to the services that are readily available for business owners, workers, visitors and residents in the immediate vicinity. Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b) (3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to renew an existing major wireless facility through the issuance of a new CUP. No expansion of square footage or physical land disturbances are proposed as part of the project. Categorical Exemption Environmental Review No. 2018-73 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 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. 2019-20, as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated June 24, 2019, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. 1-11 Resolution No. 2019-xx Page 4 of 7 ADOPTED this 24th day of June, 2019 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 24, 2019. Date: ________________ ____________________________________ Recording Secretary 1-12 Resolution No. 2019-xx Page 5 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-20 Conditional Use Permit No. 2019-20 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 prior 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. The Applicant must comply with all conditions and requirements of the Development Review Committee for the Development Project (DP No. 2018-18). 2. The proposed facility shall be maintained as per approved plans and any existing landscaping shall be enhanced and well maintained. Any damage to existing structures, walls, parking areas, or landscaping must be repaired. 3. The Applicant shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 4. The Applicant will provide a “single point of contact” in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the City’s designated representative after approval of the new CUP. 5. The Applicant shall ensure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit Applicant to comply. 6. The major wireless facility shall be subject to any applicable California Building Code or federal requirements for seismic safety, retrofit, and/or upgrades as deemed necessary by the Building Division. 7. Conditional Use Permit No. 2019-20 expires 10 years from the date of Planning Commission approval. 8. Within thirty (30) days of approval of this CUP, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the 1-13 Resolution No. 2019-xx Page 6 of 7 Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a Maintenance Agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The Property Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the Maintenance Agreement and both shall be jointly and severally liable for compliance with its terms. (f) The Property Maintenance Agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to 1-14 Resolution No. 2019-xx Page 7 of 7 assume all of the duties, obligations and responsibilities set forth under the Property Maintenance Agreement. (g) The Property Maintenance Agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. 1-15 This page left blank intentionally. 1-16 EXHIBIT 2 1-17 This page left blank intentionally. 1-18 CUP No. 2019-202210 North Grand Avenue Vicinity Zoning and Aerial Map © 2019 Digital Map Products. All rights reserved. 250 feet 1-19 This page left blank intentionally. 1-20 EXHIBIT 3 1-21 This page left blank intentionally. 1-22 CUP No. 2019-20 2210 North Grand Avenue Site Photo 1-23 This page left blank intentionally. 1-24 EXHIBIT 4 1-25 This page left blank intentionally. 1-26 OVERALL SITE PLAN KEYED NOTES LEGENDA-1SHEET NUMBER:SHEET TITLE:SITE INFORMATION:SITE ADDRESS:SITE NAME:LA VETA REV. DATE ISSUED FORDRAWN BY: CHECKED BY:MD7 PROJECT NUMBER:PLANS PREPARED BY:··DATE: 01/25/19FOR SUBMITTAL5#06#%.#4##8')4#0' #..';1-27 This page left blank intentionally. 1-28 EXHIBIT 5 1-29 This page left blank intentionally. 1-30 KEYED NOTESA-2ENLARGED SITE PLAN SHEET NUMBER:SHEET TITLE:SITE INFORMATION:SITE ADDRESS:SITE NAME:LA VETA REV. DATE ISSUED FORDRAWN BY: CHECKED BY:MD7 PROJECT NUMBER:PLANS PREPARED BY:··DATE: 01/25/19FOR SUBMITTAL1-31 This page left blank intentionally. 1-32 EXHIBIT 6 1-33 This page left blank intentionally. 1-34 KEYED NOTESA-3EXISTING EAST ELEVATIONEXISTING SOUTH ELEVATIONSHEET NUMBER:SHEET TITLE:SITE INFORMATION:SITE ADDRESS:SITE NAME:LA VETA REV. DATE ISSUED FORDRAWN BY: CHECKED BY:MD7 PROJECT NUMBER:PLANS PREPARED BY:··DATE: 01/25/19FOR SUBMITTAL1-35 SHEET NUMBER:SHEET TITLE:SITE INFORMATION:SITE ADDRESS:SITE NAME:LA VETA REV. DATE ISSUED FORDRAWN BY: CHECKED BY:MD7 PROJECT NUMBER:PLANS PREPARED BY:··DATE: 01/25/19FOR SUBMITTAL KEYED NOTESA-3EXISTING WEST ELEVATIONEXISTING NORTH ELEVATION1-36 2-1 2-2 2-3 2-4 2-5 This page left blank intentionally. 2-6 EXHIBIT 1 2-7 This page left blank intentionally. 2-8 Resolution No. 2019-xx Page 1 of 8 LS 6.24.19 RESOLUTION NO. 2019-xx 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. Gina Beshai, representing DNJ Properties, LLC (“Applicant”), is requesting approval of Conditional Use Permit No. 2019-19 to allow an adult day care facility in the Professional zoning district at 1800 North Bush Street. B. Santa Ana Municipal Code (SAMC) Section 41-313.5(k) requires approval of a conditional use permit for adult day care facilities. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project as set forth by the Santa Ana Municipal Code. D. On June 24, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-19. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-19, for an adult day care, have been established as required by SAMC Section 41- 638: 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 adult day care will provide a service to persons and families that are working or residing in the area. The project will provide a service that is only offered by three other facilities in the City. The facility will obtain a license from the California Department of Aging Community-Based Adult Services which has a screening and vetting process. The facility will provide a benefit to the community by providing A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-19 AS CONDITIONED TO ALLOW AN ADULT DAY CARE FACILITY AT 1800 NORTH BUSH STREET EXHIBIT 1 2-9 Resolution No. 2019-xx Page 2 of 8 needed services for seniors. Programs and services provided include limited-medical, rehabilitative and social services. The facility is designed to help maintain self-sufficiency and prevent placement in a nursing home, long-term care facility or similar institution. 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 adult day care will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The adult care facility will be operated within an existing building and the use is compatible with the nearby professional office, commercial and residential uses. Noise impacts are not anticipated from the project. A loading and unloading zone is provided to accommodate the participants that will be transported to the facility. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The adult day care will not adversely affect the economic stability or future economic development of properties in the surrounding area. The building is primarily vacant and the adult day care will re-establish use of the property. The project will provide a community service for adults and elderly and will provide temporary and permanent jobs. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41, including building height and landscaping. The Professional zoning district allows for adult day care uses subject to a conditional use permit. The adult day care use is similar in nature to other uses that are permitted within the Professional zoning district such as a medical office and other conditionally permitted uses such as convalescent hospitals, nursing homes and extended care facilities. The front yard setback is existing non-conforming. A condition of approval has been added to require a property maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. 2-10 Resolution No. 2019-xx Page 3 of 8 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 adult day care facility will not adversely affect the General Plan. The project is located within the District Center (DC) General Plan land use designation which serves as an anchor to the City’s commercial corridors and accommodates major development activity. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Public Facilities Element. For example, Land Use Element Goal 1 to promote a balance of land uses to address basic community needs. The adult day care is located within a Professional zoning district. Policy 2.9, supports developments that create a business environment that is safe and attractive. The conditions of approval requiring the Applicant to paint the building, install new landscaping and execute a property maintenance agreement will maintain a safe and attractive environment for the community. Public Facilities Element Goal 1 to provide sufficient public, cultural, recreational, educational, social service and related facilities to meet the community’s needs. The adult day care will provide a social service to families of the City’s residents and workers. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15301 of the Guidelines for the California Environmental Quality Act. The Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The existing 10,800-square foot building is within the Professional zone which allows for professional office uses. The proposed adult day care and office uses do not involve an expansion in use. As a result, Categorical Exemption, Environmental Review No. 2017-35 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the 2-11 Resolution No. 2019-xx Page 4 of 8 City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-19, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 1800 North Bush Street. 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 24, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 24th day of June, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney 2-12 Resolution No. 2019-xx Page 5 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 24, 2019. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 2-13 Resolution No. 2019-xx Page 6 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-19 Conditional Use Permit No. 2019-19 for an adult day care is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the following conditions of approval shall be met: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. I. 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 (DP No. 2017- 15) 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. The operation of the adult day care is subject to Variance No. 2019-02, as conditioned. 4. The adult day care is limited to the first floor (6,948 square feet) with a maximum of 4,280 square feet of activity/assembly area. 5. For the adult day care: The maximum number of participants on-site during business hours is forty (40) participants. The maximum number of staff/employees on-site during business hours is eight (8) staff/employees. 6. Prior to the issuance of building permits, the Applicant shall submit a Parking Management Plan subject to the satisfaction of the Planning Manager. This plan shall include signage, vehicle parking stickers, parking assignments, and/or staff information. 7. For the adult day care: The operator shall utilize a non-medical transportation service for drop-off and pick-up. Prior to the issuance of a certificate of occupancy, the Applicant shall submit documentation demonstrating use of a contracted non-medical transportation service. 8. For the adult day care: The operator shall implement a drop-off and pick-up plan for the peak hours of 7:30 to 9:00 a.m. and 4:30 to 6:00 p.m. Prior to the issuance of a certificate of occupancy, the Applicant shall submit a drop-off and pick-up management plan. 2-14 Resolution No. 2019-xx Page 7 of 8 9. Prior to the issuance of a certificate of occupancy, the Applicant shall install parking lot signage and paint the parking lot stalls to clearly distinguish parking spaces designated for each use on the site (office, adult day care staff, loading zone for transportation vehicles for drop-off and pick-up, and adult day care family drop-off and pick-up). 10. Prior to the issuance of a certificate of occupancy, the exterior of the building shall be painted. The stucco and wood shall be repaired as needed. 11. Prior to the issuance of a building permit, a landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall conform to the professional district landscape standards, Citywide Design Guidelines and the City’s Water Efficient Landscape Ordinance. 12. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a Maintenance Agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The Property Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom 2-15 Resolution No. 2019-xx Page 8 of 8 fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the Maintenance Agreement and both shall be jointly and severally liable for compliance with its terms. (f) The Property Maintenance Agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the Property Maintenance Agreement. (g) The Property Maintenance Agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the Property Maintenance Agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 2-16 EXHIBIT 2 2-17 This page left blank intentionally. 2-18 Resolution No. 2019-xx Page 1 of 6 LS 6.24.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2019-02 AS CONDITIONED TO ALLOW A REDUCTION IN OFF-STREET PARKING FOR AN ADULT DAY CARE USE AT 1800 NORTH BUSH 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. Gina Beshai, representing DNJ Properties, LLC (“Applicant”), is requesting approval of Variance No. 2019-02 as conditioned, to allow for a reduction in off-street parking for an adult day care use at 1800 North Bush Street. B. Pursuant to Santa Ana Municipal Code Section 41-638, the Planning Commission is authorized to review and approve a variance for a reduction in off-street parking for the subject property and project. C. On June 24, 2019, the Planning Commission held a duly noticed public hearing for Variance No. 2019-02. D. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Variance No. 2019-02, for a reduction in off- street parking as required by SAMC Section 41-638 have been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. There are special circumstances related to the existing conditions of the property. In 1989, the building and site improvements were constructed which included a 10,800 square-foot building with 30 parking spaces (3 parking spaces per 1,000 square feet). In order to meet the City’s current off-street parking requirements for an adult day care and office use, significant modifications to the building and site, such as demolishing portions of the building, would be required. In addition, the property is a corner lot which requires landscaped setbacks on two sides (versus one side for an interior lot) reducing the buildable area. Strict EXHIBIT 2 2-19 Resolution No. 2019-xx Page 2 of 6 application of the off-street parking regulations would not allow the property owner to lease to or operate several of the permitted or conditionally permitted uses within the Professional zoning district. However, the parking analysis conducted by RK Engineering Group, Inc., supports the intent of the code which is to provide sufficient off-street parking. The study indicates that there would sufficient parking with the proposed uses, therefore no parking impacts to the nearby uses or properties. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting this variance is necessary for the preservation and enjoyment of substantial property rights. Granting this variance will allow for use of the property with an adult day care, a use that is compatible with the Professional zone district and nearby commercial and residential uses. Granting the variance will allow the property owner to utilize both floors of the building with businesses that provide employment opportunities and services to the community. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting this variance will not be detrimental to the public or surrounding properties. A parking analysis was conducted by RK Engineering Group, Inc. which determined that with 40 participants at the adult day care facility and office uses on the second floor that there is sufficient parking on-site. Furthermore, the target population of the adult day care is adults and seniors. The facility will utilize a non-medical transportation company to transport participants to and from the facility. The facility will also sub-contract with Access and any available regional or city transportation services. A schedule will be utilized to manage peak drop-off and pick- up times. Persons who live within walking distance of the center are encouraged to walk with appropriate supervision. Family members can provide transportation to and from the facility and will be given a scheduled time for drop-off and pick-up. In addition, conditions of approval have been added to the variance to limit the number of participants and staff on-site at one time, require use of a transportation service for drop-off and pick-up, and require a drop-off and pick-up schedule to manage peak times. 4. That the granting of a variance will not adversely affect the General Plan of the city. 2-20 Resolution No. 2019-xx Page 3 of 6 The variance for a reduction in required off-street parking will not adversely affect the General Plan. The project is located within the District Center (DC) General Plan land use designation which serves as an anchor to the City’s commercial corridors and accommodates major development activity. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Public Facilities Element. For example, Land Use Element Goal 1 to promote a balance of land uses to address basic community needs. The variance will allow an adult day care to operate at the site which provides a service to families of the residents and workers. Policy 2.9, supports developments that create a business environment that is safe and attractive. The condition of approval for property maintenance will help maintain a safe and attractive environment for the community. Public Facilities Element Goal 1 to provide sufficient public, cultural, recreational, educational, social service and related facilities to meet the community’s needs. The adult day care will provide a social service to residents and workers in the city. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15301 of the Guidelines for the California Environmental Quality Act. The Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The existing 10,800-square foot building is within the Professional zone which allows for professional office uses. The proposed adult day care and office use do not involve an expansion in use. As a result, Categorical Exemption, Environmental Review No. 2017-35 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a 2-21 Resolution No. 2019-xx Page 4 of 6 court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2019-02 as conditioned in Exhibit A, attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated June 24, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 24th day of June, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 24, 2019. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 2-22 Resolution No. 2019-xx Page 5 of 6 EXHIBIT A Conditions of Approval for Variance No. 2019-02 Variance No. 2019-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the following conditions of approval shall be met: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. I. The Applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2017- 15) and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. The adult day care use is limited to the first floor (6,948 square foot) with a maximum of 4,280 square feet of activity/assembly area. 4. For the adult day care: The maximum number of participants on-site during business hours is forty (40) participants. The maximum number of staff/employees on-site during business hours is eight (8) staff/employees. 5. Prior to the issuance of building permits, the Applicant shall have a Parking Management Plan approved by the Planning Manager. The plan shall include parking lot signage, vehicle parking stickers, assigned parking designations for each use on the site, and/or staff information. All improvements identified in the plan shall be installed prior to the issuance of a Certificate of Occupancy. 6. For the adult day care: The operator shall utilize a non-medical transportation service for drop-off and pick-up. Prior to the issuance of a certificate of occupancy, the Applicant shall submit documentation demonstrating use of a contracted non-medical transportation service subject to the satisfaction of the Planning Manager. 7. For the adult day care: The operator shall implement a drop-off and pick-up plan for the peak hours of 7:30 to 9:00 a.m. and 4:30 to 6:00 p.m. Prior to the issuance of a certificate of occupancy, the Applicant shall submit a drop-off and pick-up management plan subject to the satisfaction of the Planning Manager. 2-23 Resolution No. 2019-xx Page 6 of 6 8. Any modifications to allow for any use(s) that intensifies parking shall be subject to Planning Commission review at a public hearing and modifications to Conditional Use Permit No. 2019-19 and Variance No. 2019-02. 2-24 EXHIBIT 3 2-25 This page left blank intentionally. 2-26 Adult Day Care - CUP No. 2019-19 and VAR No. 2019-021800 North Bush Street Exhibit 3 - Vicinity Zoning and Aerial View © 2019 Digital Map Products. All rights reserved. 2018 Aerial Santa Ana Boundary Zoning Labels: Zoning 250 feet 2-27 This page left blank intentionally. 2-28 EXHIBIT 4 2-29 This page left blank intentionally. 2-30 Adult Day Care 1800 North Bush Street CUP No. 2019-19 & VAR No. 2019-02 Site Photos – Exhibit 4 2-31 Adult Day Care 1800 North Bush Street CUP No. 2019-19 & VAR No. 2019-02 Site Photos – Exhibit 4 2-32 This page left blank intentionally. 2-33 EXHIBIT 5 2-34 This page left blank intentionally. 2-35 Adult Day Care 1800 North Bush Street CUP No. 2019-19 & VAR No. 2019-02 Site Plan – Exhibit 5 2-36 This page left blank intentionally. 2-37 EXHIBIT 6 2-38 This page left blank intentionally. 2-39 FIRST FLOOR Adult Day Care 1800 North Bush Street CUP No. 2019-19 & VAR No. 2019-02 Proposed Floor Plans – Exhibit 6 2-40 SECOND FLOOR Adult Day Care 1800 North Bush Street CUP No. 2019-19 & VAR No. 2019-02 Floor Plans – Exhibit 6 2-41 This page left blank intentionally. 2-42 EXHIBIT 7 2-43 This page left blank intentionally. 2-44 May 29, 2019 Ms. Christina Meshreky GOOD SAMARITAN ADULT CARE CENTER 1800 N Bush Street Santa Ana, CA 92706 Subject: Adult Care Center Observed Parking Analysis, City of Santa Ana Dear Ms. Meshreky: Introduction RK ENGINEERING GROUP, INC. (RK) is pleased to provide this parking review for the proposed Good Samaritan Adult Care Center to be located at 1800 North Bush Street in the City of Santa Ana. The building has a total of 30 dedicated parking spaces including 2 handicap spaces. A site plan is provided in Exhibit A. The project is proposing a change of use from 4,280 square feet of medical office use to adult day care use on the first floor of an existing 8,132 square foot building. The second floor consists of 3,852 square feet of professional office use. The project is located within the Professional (P) Zoning District which requires a conditional use permit for adult day care facilities. Table 1 City of Santa Ana Parking Code for Proposed Uses Floor Tenant S.F.2 Land Use Hours of Operation Percent of Gross Floor Area Parking Code1 Number of Spaces Required 1 Good Samaritan Adult Care Center 4,280 Adult Care Center Monday - Friday 8AM - 5PM 53%1 space for each 200 gfa + 8 Staff 29 2 Professional Office 3,852 Professional Office Monday - Friday 8AM - 5PM 47%3 spaces for each 1,000 gfa 12 8,132 100%41 Parking Spaces Provided On-Site 30 Number of Parking Spaces Deficient Per Municipal Code -11 Percent of Parking Spaces Deficient Per Municipal Code -26.75% Total Required Parking 2-45 2 Based on a review of the City of Santa Ana Off-Street Parking Requirements, the project has a deficiency of parking spaces per code. As a result, the City has requested a parking analysis in order to determine if adequate parking is provided on -site. This will be accomplished by obtaining parking demand data at similar use and applying a derived parking rate to the proposed use. Proposed Adult Care Facility The Community Based Adult Day Center means an organized day program of therapeutic, social and health activities and services, provided to elderly persons or other persons with physical or mental impairments for the purpose of restoring or maintaining optimal capacity for self-care. This service will promote the social, emotional and physical well -being of impaired individuals living in the community, in order to maintain them at or restore them to their optimal functional potential and to help them remain at or return to their homes. The center will assist the families of the elderly person with the burden of providing care to impaired elderly individuals by offering respite for one or several days during the week. The adult care center is expecting to do nonmedical transportation will transport 90% of the participants to and from the adult day health center in mini vans. The vans will be given a scheduled time frame; usually on 10-minute increments to drop off and pick up participants by the entrance door. Anticipated time of drop off is 7:30 AM to 9:00 AM and Pick up times is 4:30 AM to 6:00 PM. Family members can provide transportation to those who chose not to participate in the transportation service; they will be given a scheduled time for drop off and pick up. The proposed adult care center will have a total of 8 staff member’s onsite at one time and is expected to have up to 40 participants. The second floor will consist of 3,852 square feet or professional office use. A floor plan is located in Exhibit B. Prior to initiating the parking study, RK reviewed the parameters of the analysis with M s. Selena Kelaher, AICP (City of Santa Ana, Planning Department). Based on the approved scope of work, an observed parking survey during a typical weekday operation from 8:00 AM to 5:00 PM at one-hour intervals is required at an off-site similar use in order to demonstrate that proposed adult care center has an adequate amount of parking. 2-46 3 Observed Parking Survey Results Mission Adult Care Center (Table 2) RK has conducted a detailed parking survey at an existing adult care center with a similar use. Typical hourly parking demand at the Mission Adult Day Care Center located at 214 West E Street, Ontario was surveyed on Friday, February 8th, 2019. The counts were collected from 8:00 AM to 5:00 PM at one-hour intervals. The parking counts were obtained during typical operations and weather conditions. The parking counts were conducted by an independent third party (Counts Unlimited, Inc.,). The number of parked cars was determined on an hourly basis. Detailed observed parking count raw data are provided in Appendix A. In order to determine the parking demand at the proposed facility, a parking rate (number of parked vehicles per number of participants) at the existing Mission Adult Day Care Center location was determined. Table 2 Observed Parking Survey Results Mission Adult Care Center, City of Ontario Observed Peak Parking Demand Number of Participants Observed Peak Parking Rate per Participant Add 10% to the Observed Peak Parking Rate¹ 7 40 0.18 0.20 ¹Add 10% Factor for Potential Fluctuations in Parking Demand Table 2 identifies the peak observed parking demand of 0.18 parking spaces per participant at the existing Mission Adult Day Health Care Center location. As a conservative analysis, an additional 10% is added to the parking demand to account for potential fluctuations in parking demand. As a result, a parking rate of 0.20 parking spaces per participant can be applied to the proposed Good Samaritan Adult Care Center. It should also be noted that the parking rate includes staff parking. 2-47 4 Projected Parking Demand at Good Samaritan Adult Care Center (Table 3): The parking rate of 0.20 parking spaces per participant and staff can be applied to the proposed Good Samaritan Adult Care Center. See Table 3 below for details: Table 3 Projected Parking Demand at Good Samaritan Adult Care Center Observed Peak Parking Rate per Participant Maximum Number of Participants Parking Spaces Required Add City Code Parking for 3,852 s.f. of Professional Office Use Total Projected Parking Demand Total Parking Spaces Provided On-site Surplus Parking Spaces 0.20 40 8 12 20 30 +10 The City of Santa Ana Off-Street Parking Requirements for professional office use located on the second floor was added to the projected parking demand in order to determine full project occupancy. See Table 1 for details. Projected Peak Parking Demand Findings: While taking into account the parking requirements (12 spaces) for the 3,852 square feet of professional office use located on the second floor, the projected peak parking demand for the project is 20 parking spaces. The project provides a total of 30 parking spaces. As a result, a total of 10 parking spaces are available during peak parking demand times. 2-48 5 Conclusion Based on the results of the observed parking analysis, the proposed Good Samaritan Adult Care Center has an adequate number of parking spaces during peak parking demand times to accommodate up to 40 participants. If you have any questions regarding this review or need further clarification, please contact us at (949) 474-0809. Sincerely, RK ENGINEERING GROUP, INC. Rogier Goedecke Darshan Shivaiah President Environmental Specialist Attachment RG:sl/rk15185.doc JN:2810-2019-01 2-49 ______________________________________________________________________________ ______________________________________________________________________________ Exhibits 2-50 group, inc.engineering Site PlanExhibit A 2810-2019-01 ADULT CARE CENTER OBSERVED PARKING ANALYSIS, City of Santa Ana, CA BUSH STREETN 2-51 engineeringgroup, inc.ADULT CARE CENTER OBSERVED PARKING ANALYSIS, City of Santa Ana, CA 2810-2019-01engineeringFloor PlanExhibit BN2-52 ______________________________________________________________________________ Appendices 2-53 Appendix A Observed Parking Demand Count 2-54 Mission Adult Day Health Care Center214 West E StreetOntario, CAFriday, March 8th, 2019Inventory 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PMRegular155556666662Handicap10000000000Handicap00011110011Subtotal165567776673Total Occupancy 165567776673Total Percent31%31%38%44%44%44%38%38%44%19%Counts Unlimited, Inc.P.O. Box 1178Corona, CA 92878951-268-62682-55 This page left blank intentionally. 2-56 EXHIBIT 8 2-57 This page left blank intentionally. 2-58 From:Mitre-Ramirez, Norma To:Bernal, Sarah; Magalona, Jocelyn Cc:Fregoso, Vince; Orozco, Norma; Rojano, Michael; Lopez, Kenia Subject:FW: Planning Commission - 1800 N. Bush Street - Adult Daycare Facility 2019-02 issue Date:Wednesday, June 19, 2019 1:31:32 PM Good Afternoon, The following communication has been received for your review and consideration by the Planning Commission. Respectfully, Norma Mitre Acting Clerk of the Council City of Santa Ana | Clerk of the Council Office 20 Civic Center Plaza | Santa Ana, CA 92701 714-647-5237 | nmitre@santa-ana.org This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received. From: Kalesnik, Layla > Sent: Wednesday, June 19, 2019 1:20 PM To: eComment <eComment@santa-ana.org> Subject: Planning Commission - 1800 N. Bush Street - Adult Daycare Facility 2019-02 issue Hello, I am home owner of 1919 N. Spurgeon St. Santa Ana CA. I am very concerned about opening of adult day care facility on Bush street. As resident of the Spurgeon street, parallel to Bush street, I am against of the opening of this facility because it will reduce street parking for the residents. We live next door to many apartments already and have hard time find additional street parking. Now with this new facility, our already limited parking will shrink. This is residential neighborhood and I want to keep it this way. Please, do whatever is possible to keep this as residential neighborhood. Thanks, Layla 2-59 This page left blank intentionally. 2-60