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HomeMy WebLinkAboutRESO 2020-03_1570 E 1TH STREET (CUP)LS 1.27.20 RESOLUTION NO. 2020-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-45 AS CONDITIONED TO ALLOW THE OPERATION OF AN ADULT DAY CARE FACILITY AT 1570 EAST SEVENTEENTH 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. Mike Flory with Easter Seals Southern California (Applicant) is requesting approval of Conditional Use Permit (CUP) No. 2019-45 to allow the operation of an adult day care facility at 1570 East Seventeenth Street. B. Santa Ana Municipal Code (SAMC) Section 41-424.5(o) requires approval of a CUP for adult day care facilities within the Arterial Commercial (C5) zoning district. As defined by SAMC Section 41-12.1, an adult day care facility is a facility that provides nonmedical care to persons eighteen (18) years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis, as currently defined by the California Health and Safety Code Section 1502(a)(2). Such facilities include Adult Day Programs. C. Easter Seals Southern California will operate an Adult Day Program and will obtain an Adult Day Program license from the Department of Social Services. The mission of Easter Seals is to maximize the independence of people with disabilities. Participants will arrive early in the morning via public transportation and will then go out into the community to work, shop, volunteer, learn and play. Onsite services provided consist of a variety of recreational activities, such as socializing, learning new skills and exercising. In addition, participants can receive health and supportive services, such as physical therapy, speech therapy, medical supervision and assistance with personal care. D. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the CUP for this project as set forth by the SAMC. E. On January 27, 2020, the Planning Commission held a duly noticed public hearing for CUP No. 2019-45. Resolution No. 2020-03 Page 1 of 8 F. 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 CUP No. 2019-45, for an adult day care facility, 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 facility will provide a service to persons and families that are working or residing in the area. The facility will obtain a license from the California Department of Social Services for an Adult Day Program which goes through a screening and vetting process. The facility will provide a benefit to the community by providing needed services to the targeted population. Programs and services provided are intended to support adults with developmental disabilities to gain life skills through volunteering in the community and other meaningful activities so they can live as independently as possible in their community. 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 facility will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The facility will be operated within an existing building and the use is compatible with the nearby professional office, commercial and residential uses. Impacts are not anticipated from the project. A loading and unloading zone is provided to accommodate the participants that will be transported to and from 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 facility 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 facility will help re-establish use of the property and help activate the block. The project will provide a community service for adults and elderly persons and will create temporary and permanent jobs in the City. Resolution No. 2020-03 Page 2 of 8 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 (Zoning) of the SAMC. As part of this application, the Applicant is proposing to conduct minor exterior and interior improvements to the site. The C5 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 C5 zoning district such as a medical office and other conditionally permitted uses such as convalescent hospitals, nursing homes and extended care facilities. A condition of approval has been added to require rehabilitation of the front and side street yard landscaping and a property maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. 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 General Commercial (GC) General Plan land use designation which applies to major corridors in the City that provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment, and education. In addition, they provide support facilities and services to other uses. Approval of the CUP will be consistent with several goals and policies of the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Furthermore, Goal 1 of the Public Facilities Element promotes the need for sufficient public, cultural, recreational, educational, social service and related facilities to meet the needs of the community. The adult day care facility will provide a social service to families of the City's residents and workers. Resolution No. 2020-03 Page 3 of 8 Section 2. In accordance with the California Environmental Quality Act (CEQA), the project is categorically exempt from further review per Section 15301 (Class 1 — Existing Facilities) of the CEQA Guidelines. 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 the use. The existing 10,215-square foot building is within the C5 zone which allows for professional office uses. The proposed adult day care facility does not involve an expansion in use. As a result, Categorical Exemption, Environmental Review No. 2019-117 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 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. Conditional Use Permit No. 2019-45 shall not be effective unless and until the Planning Commission reviews and approves Variance No. 2019-06. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this conditional use permit shall be null and void and have no further force and effect. Section 5. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves CUP No. 2019-45, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 1570 East Seventeenth 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 January 27, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2020-03 Page 4 of 8 ADOPTED this 270 day of January, 2020. AYES: Commissioners: CANO, CONTRERAS-LEO, GARCIA, NGUYEN, PHAN (5) NOES: Commissioners: NONE (0) ABSENT: Commissioners: NONE (0) mcL; w (-a NG1� ABSTENTIONS: Commissioners: MCLOUGHtI`N', RIVERA Onhia Contreras -Leo Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 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. 2020-03 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 27, 2020. 01/27/2020 Date: Recording Secretary City of Santa Ana Resolution No, 2020-03 Page 5 of S Scanned with CamScanner Ira:u3rr_� Conditions of Approval for Conditional Use Permit No. 2019-45 Conditional Use Permit No. 2019-45 for an adult day care facility 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, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. All proposed site improvements must conform to the Site Plan Review (DP No. 2019-11) 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 if the conditional use permit must be amended. 3. The operation of the adult day care facility is also subject to Variance No. 2019-06, as conditioned. 4. The maximum number of participants on -site during business hours shall not exceed 40 individuals and the maximum number of employees shall not exceed 25 individuals. In addition, 36 parking spaces shall be maintained on -site at all times. 5. Prior to the issuance of a Building Permit, the Applicant shall submit a landscape and irrigation plan for the entire site to the Planning Division for review and approval. The landscape and irrigation shall comply with the zoning district's landscape standards, the Water Efficient Landscape Ordinance (WELO), and the Citywide Design Guidelines. The landscape plan shall also include landscape planters along the west property line. 6. 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/Applicant (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 Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following: Resolution No. 2020-03 Page 6 of 8 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; adherence to approved project phasing etc.), if applicable; 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) if applicable; 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/Applicant 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 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 Maintenance Agreement; and Resolution No. 2020-03 Page 7 of 8 g. The 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. Resolution No. 2020-03 Page 8 of 8