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HomeMy WebLinkAboutRESO 2020-04_1570 17TH STREET (VARIANCE)RESOLUTION NO. 2020-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2019-06 AS CONDITIONED TO ALLOW A REDUCTION IN REQUIRED OFF- STREET PARKING FOR 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 Variance (VA) No. 2019-06 to allow a reduction in required parking for an adult day care facility proposed at 1570 East Seventeenth Street. B. Pursuant to Santa Ana Municipal Code Section (SAMC) 41-632, the Planning Commission is authorized to review and approve a variance for a reduction in off-street parking for the subject property and project as set forth by the SAMC. C. On January 27, 2020, the Planning Commission held a duly noticed public hearing for VA No. 2019-06. 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 VA No. 2019-06, for a reduction in required off-street parking, have been established as required by SAMC Section 41-638: 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 1962, the building and site improvements were constructed which included a 10,215- square foot building. In order to meet the City's current off- street parking requirements for an adult day care facility, significant modifications to the building and site, such as Resolution No. 2020-04 Page 1 of 8 demolishing portions of the building, would be required. In addition, the property is a corner lot which requires landscaped setbacks on two sides (verses one side for an interior lot) reducing the buildable area. Strict application of the off-street parking regulations would not allow the property owner to lease or operate several of the permitted or conditionally permitted uses within the Arterial Commercial (C5) 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 be sufficient parking for the proposed facility, therefore, no parking impacts to the nearby uses or properties will be created. 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 the property to be used as an adult day care facility which will benefit the community at large. The use is compatible with surrounding land uses and will not be detrimental to the surrounding 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 which concluded that with 40 participants at the adult day care facility the 36 parking spaces are sufficient to meet the demand of the facility's patrons and employees. Furthermore, the target population of the adult day care facility is adults and seniors that do not drive and rely on other transportations services provided by the facility. Conditions of approval have been added to the variance to limit the number of participants on -site at once. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for a reduction in required off-street parking 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 Resolution No. 2020-04 Page 2 of 8 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 community's needs. The adult day care facility will provide a social service to families of the City's residents and workers. 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 no 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. Resolution No. 2020-04 Page 3 of 8 Section 4. Variance No. 2019-06 shall not be effective unless and until the Planning Commission reviews and approves Conditional Use Permit No. 2019-45. 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 VA No. 2019-06 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 January 27, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 27th day of January, 2020_ AYES: Commissioners: CP44, Cow'rl2 vw-ixbr C-1 C1pe) of Ciu` vo NOES: Commissioners: mw C57 ABSENT: Commissioners: )OCLOJ �,4 1 �Jr R IVWPI(2- ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvaiho, City Attorney By .k IL- Lisa Storck Assistant City Attorney ie-nth'ia Contreras-!_eo Chairperson Resolution No. 2020-04 Scanned with CamScanner CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-04 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 27, 2020. Date: 01/27/2020 ,,&,A— e5� Recording Secretary City of Santa Ana Resolution No. 2020-04 Page 5 of 8 EXHIBIT A Conditions of Approval for Variance No. 2019-06 Variance No. 2019-06 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 variance. 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 variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the variance must be amended. 3. The maxim 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. 4. 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 (WELD), and the Citywide Design Guidelines. The landscape plan shall also include landscape planters along the west property line. 5. 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: 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.); Resolution No. 2020-04 Page 6 of 8 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/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; 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; and Resolution No. 2020-04 Page 7 of 8 h. The execution and recordation of the Maintenance Agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. Resolution No. 2020-04 Page 8 of 8