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HomeMy WebLinkAbout87-016CM:jd(10) 1/27×87 095 RESOLUTION NO. 87-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ACTION OF THE PLANNING COMMISSION DENYING CONDITIONAL USE PERMIT APPLI- CATION NO. 80-19, APPROVING SAID CONDITIONAL USE PERMIT, GRANTING APPEAL NO. 428, AND RESCINDING RESOLUTION NO. 81-4, ADOPTED ON JANUARY 5, 1981 WHEREAS, a public hearing was duly held before the City Council of the City of Santa Ana on December 15, 1980, on Appeal NO. 428 filed by Missionaries at Home, Inc., from a decision of the Planning Commission in denying Conditional Use Permit Appli- cation No. 80-19, which application sought to allow construction of the Orange County Rescue Center, a 10,800 square foot facility providing emergency shelter, a sanctuary, and administrative of- fices to be located at 120 South Daisy Street in the M1 District; and WHEREAS, prior to taking action on said Conditional Use Permit application, this Council has reviwed and considered the Negative Declaration for the project, including Initial Study No. IS 80-212; and WHEREAS, by a 4-3 vote, said Council, after concluding its public hearing, granted Appeal No. 428, and approved issuance of a Conditional Use Permit to Missionaries a Home, Inc., and re- quested that the City Attorney's Office prepare an appropriate resolution and submit the same to the Council for appoval; and WHEREAS, on January 5, 1981, the Council formally adopted, by a 4-3 vote, Resolution No. 81-4, and, by said reso- lution, granted a Conditional Use Permit to Missionaries At Home, Inc.; and WHEREAS, Messrs. Albert Gipson and Gilgardo Melgoza, and Southwest Neighbors, an unincorporated association ("peti- tioners''), on March 30, 1981, filed a lawsuit against the City of Santa Ana in the Orange County Superior Court (Gibson, et al. v. City of Santa Ana, et al., Case No. 35-33-34, seeking a Writ of Mandate, as well as injunctive and declaratory relief, to set aside the Council's approval of the Conditional Use Permit; and WHEREAS, on July 7, 1981, the Superior Court denied petitioners' request for a Peremptory Writ of Mandate and Pre- liminary Injunction; and petitioners thereafter filed a timely appeal with the Fourth District Court of Appeal; and WHEREAS, on October 19, 1981, the appellate court (Case No. 26187), in reversing the July 7, 1981 judgment in the City's favor, ruled that the findings of fact contained in Reso- lution No. 81-4 were not sufficiently specific to apprise a 096 RESOLUTION NO. 87-16 Page two reviewing court of the reasons why the Council approved the reloca- tion of the rescue center; and ordered the Superior Court to issue a writ of mandamus requiring the City Council to vacate Resolution NO. 81-4 and to adopt a new resolution which contained findings of fact consistent with Santa Ana Municipal Code ("SAMC") ~ 41-638; and WHEREAS, on January 10, 1983, the Superior Court issued its Peremptory Writ of Mandamus, which Writ was served on the City on or about January 17, 1983; and WHEREAS, on February 22, 1983, the City Council met for the purpose of considering the adoption of a resolution approving the grant of a Conditional Use Permit to Missionaries at Home, Inc., to allow it to relocate to 120 South Daisy Street; and WHEREAS, the matter was continued and, prior to the City Council making a decision, Missionaries at Home, Inc. sought clar- ification of the Peremptory Writ of Mandamus; which clarification order was issued on June 30, 1983 and which order severely limited the City Council's discretion in the matter; and WHEREAS, petitioners appealed the clarification order to the Appellate Court; which Court, on May 29, 1986 issued its opin- ion reversing the clarification order of the Superior Court and directed the Superior Court to issue a new Peremptory Writ of Mandamus which did not limit the discretion of the City Council in making its decision; and WHEREAS, on October 28, 1986 the Superior Court issued its new Peremptory Writ of Mandamus, a copy of which was served on the city on or about November 10, 1986; and which, pursuant to a stipulation by all parties and ordered by the Court, the City has until February 27, 1987 to comply with the Writ and re- port back to the Superior Court; and WHEREAS, on February 2, 1987, the City Council met for the purpose of considering the adoption of a resolution approving the grant of a Conditional Use Permit to Missionaries at Home, Inc. to allow it to relocate to 120 South Daisy Street; and WHEREAS, at its meeting of February 2, 1987, the City Council read and considered the following materials and documents submitted by the City Attorney: a. City Attorney's Memorandum dated January 19, 1987; b. Resolutions Nos. 81-3 and 81-4; c. Portions of the City Council's Minutes of December 15, 1980 and January 5, 1981, which pertained to the rescue center project; RESOLUTION NO. 87-16 Page three d. The Appellate Court's Opinions dated October 19, 1982 and May 29, 1987; e. The Peremptory Writ of Mandamus dated October 28, 1986, issued by the Orange County Superior Court; f. SAMC ~§ 44-471, 41-472 and 41-638; g. The full and complete agenda packet concerning this land use approval which was distributed to the members of the Council prior to its December 15, 1980 public hearing, which included staff reports, environmental documents and background information concerning efforts undertaken to relocate the rescue center; h. A transcript made of the proceedings which occurred on December 15, 1980, at said Council's public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. That based on the evidence described hereinabove, and further based on the public hearing and the oral and documentary evidence submitted therein, the City Council does hereby reverse the action of the Planning Commission denying said Conditional Use Permit Application No. 80-19, and does hereby approve said Conditional Use Permit and grant Appeal No. 428. 2. That the City Council adopts, as its findings of fact for the approval of Conditional Use Permit No, 80-19, the following: (a) The rescue center will provide a facility and services which will contribute to the general well being of the neighborhood and community, as follows: (i) The facility is designed to and will offer basic emergency shelter and related services for a maximum of up to ninety (90) persons. (ii) Meals, clothing, counseling, referral services and chapel services will be part of the programs offered to persons who stay at the center. (iii) A Life Recovery Program, for men exper- iencing problems with alcohol, will be conducted on the premises with an initial capacity to handle ten (10) men. (iv) The facility will also offer food boxes and counseling services to families, single women and single women with children. (v) The facility is expected to house the 098 RESOLUTION NO. 87-16 Page four offices of Operation Love, a proposed neighborhood ministry pro- gram which is designed to refurbish existing houses using volunteer help and donated materials. (vi) The services of the rescue center are carried out by a combination of persons who are salaried or work as volunteers and the rescue center itself is supported by private donations. (b) The rescue center will not be detrimental to the health, safety or welfare of persons residing or working in the vicinity, or be injurious to property or improvements in the vicinity, as follows: (i) The rescue center's site at 120 South Daisy Street is located in a mixed-use area and in close prox- imity to other social services uses. To the north of the site are located commercial uses (abandoned restaurant, auto repair and auto service). To the south of the site are located Chestnut Park and the Orange County Social Services Center, which consists of the welfare office and medical clinic. Just northwest of the site is located the state's Human Resources and Development De- partment office. Just southwest of the site at Chestnut and Center Streets are located community-sponsored education and training facilities. To the east of the site are located resi- dential uses with commercial uses fronting on First Street. To the west of the site are locates uses associated with automotive services and repair. (ii) That the imposition of certain condi- tions to the approval of the Conditional Use Permit, such as: hours of operation; no congregating outside the facility; provi- sion of adequate staff supervision to insure successful social integration into the surrounding neighborhood; and initial ap- proval period of six (6) months for the use; and construction of a six (6) foot high block wall along the northerly property line, will serve to mitigate any adverse impacts such use could pose to surrounding properties. (iii) The design of the facility itself, in which the dining hall and chapel areas will be oriented towards an interior patio or courtyard area, will minimize the possibility of the center's lodgers congregating outside of the facility. (iv) That the rescue center itself will be a modern, one-story, attractively designed structure, which will be attractively landscaped, which will significantly upgrade the neighborhood as compared to the types of structures and uses found in the immediate vicinity. (c) The proposed use will comply with the provi- sions of Chapter 41 (the zoning ordinance) of the Santa Ana RESOLUTION NO. Page five 87-16 Municipal Code, as follows: (i) SAMC ~ 41-472(h)(12)(a) requires that a conditional use permit must be obtained before any service use permitted in any commercial zone, can be inaugurated in the M-1 zone. Missions are a conditionally permitted use in the C-2 and C-3 zones. Thus, in order to comply with SAMC § 41-472(h)(12)(a), Missionaries at Home, Inc., under SAMC ~ 41-632, has obtained a Conditional Use Permit. (ii) SAMC ~ 41-475 requires a yard area of 2,576 square feet with a five (5) foot strip abutting the street. Missionaries at Home, Inc. proposes a yard area of 1,400 square feet with a five (5) foot strip abutting the street. SAMC § 41-617 requires a total of thirty nine (39) parking spaces for the proposed uses of the site. Missionaries at Home, Inc. pro- poses twelve (12) parking spaces. In order to modify the above- described yard and parking requirements, Missionaries at Home, Inc., under SAMC ~ 41-632, has obtained a Variance. (d) The granting of the Conditional Use Permit will not adversely affect the general plan of the City, as follows: (i) The subject site is designated as Mixed Use Corridor on the Land Use Element of the General Plan. Two of the primary purposes of properties placed into such a category are: to provide important neighborhood facilities and services including shopping, recreation, cultural and entertainment activ- ities, employment and education; and to provide support facilities and services for the Industrial Districts including office and retail, restaurants, and various other services. Approval of this project is in conformance with these standards. (ii) According to the Urban Design Element of the General Plan, each Multi-Use Corridor is located in an area of significant development potential and anticipates the creation of an innovative and stimulating mix of land uses designed to encourage urban development of the highest design and functional standards. The location and design of the proposed rescue center building is in conformance with this standard. (iii) One of the goals of the Public Facili- ties Element of the General Plan is to provide sufficient public, cultural, recreational, educational, social service and related facilities to meet the community's needs. Approval of this pro- ject would further achieve this goal. 3. For the reasons set forth in the Negative Declara- tion prepared for this project, this Council reaffirms its December 15, 1980 and January 5, 1981 approvals of said Negative Declaration and its finding that the project will not have a significant effect on the environment. lO0 RESOLUTION NO. Page s ix 87-16 4. The said Conditional Use Permit is approved subject to the requirements and limitations set forth in the attached con- ditions labeled Exhibit "A" and incorporated herein by reference. 5. That Resolution No. 81-4, adopted by this body on January 5, 1981, be, and the same hereby is, repealed. ADOPTED this 2nd day of February , 1987. ATTEST: Clerk of the Coundil"-~-/ ~~.' yo~~ Mayor COUNCILMEMBERS: Young McGuigan ~ Acosta Nay Griset Nay Hart Aye May Aye Pulido Nay APPROVED AS TO FORM: C OPER, City A t t~DTrfey 101 e EXHIBIT "A" If the application is approved, the following standard requirements must be met: A. Planning: 1, 2, 3, 4, 14 B. Public Works: 1, 10, 11, 14, 15, 20, 21 b d, 22 c, 23, 27, 28*, 40 41, 42**, 43 *If necessary, Daisy Street ** City Bench Mark The following requirements must also be met: A. Planning Department 1) That the Orange County Rescue Center's hours of operation be such that a client may enter the facility as necessary. 2) That there be no congregating outside the facility. 3) That there be adequate staff supervision to insure for the successful social integration of the facility and the neighborhood. 4) That the use be approved for a period of six (6) months, at which time the Planning Department shall review the subject premises to determine compliance with the conditions of approval and to determine whether or not any problems have arisen due to its operation. 5) That any proposed signage be submitted to and approved by the Planning Department. 6) That a 6-foot high, 6-inch wide block wall be con- structed along the northerly property line abutting the parking area, wall height to be measured from highest finished grade. B. Public Works Department 1) Pay City Sanitary sewer connection fee. 2) Improvements: Daisy Street a) Remove and close existing drive approach and/or construct drive approach as approved. b) Plant street trees per City Standard No. 124 EXHIBIT "A" 102 EXHIBIT "A" (continued) 3) Improvements: Walnut Street a) Remove and replace all damaged sidewalk. b) Construct ornamental street lighting with underground power distribution. c) Plant street trees per City Standard No. 124. d) Construct drive approach as approved. Fire Department The building and its use shall conform to all applicable sections of C.A.C. Title 24 and 1976 Uniform Fire Code. Police Department Comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance).