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HomeMy WebLinkAbout2001-044 Not AdoptedRESOLUTION NO. 2001-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2001-08 TO ALLOW AN ADULT RESIDENTIAL CARE FACILITY FOR THE PROPERTY LOCATED AT 1101 THROUGH 1213 NORTH JACKSON STREET CN: 06/25/01 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOVVS: Section 1. The City Council does hereby find, determine and declare as follows: Amendment Application No. 2001-02 and Conditional Use Permit No. 2001- 08 have been filed with the City of Santa Ana to change the zoning district designation of certain real property located at 1101 through 1213 North Jackson Street, in the City of Santa Ana, from North Harbor Specific Plan/Single Family Residence to Specific Development Plan No. 71 (SD-7~I) which would allow an adult residential care facility as a conditional~use ~ The Planning Commission held a duly noticed public hearing on May 14, 2001 which was continued to June 11, 2001, for Amendment Application No. 2001-02 and Conditional Use Permit No. 2001-08. The Planning Commission recommended that the City Council approve, the proposed use with limited capacity of 80 beds. C. Negative Declaration for Environmental Review No. 01-25 has been prepared for the Project. Section 2. The City Council has reviewed and considered the information contained in the initial study and the negative declaration for Environmental Review No. 01-25 prepared with respect to this Project. It is determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be faidy argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and accompanying mitigation monitoring plan and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XlV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The City Council approves Conditional Use Permit No. 2001-08 as conditioned in Exhibit "A" attached hereto and incorporated herein. The City Council further expresses its intent that Conditional Use Permit No. 2001-08 shall not become effective until such time as Amendment Application No. 2001-02 is approved and becomes effective. Section 4. The City Council makes, adopts and relies upon the findings of fact attached hereto as Exhibit "B' and incorporated herein, in rendering its decision to approve Conditional Use Permit No. 2001-08. ADOPTED this 2._~..~ day of July, 2001. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Christopher G. Norman Assistant City Attomey AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2001-044 to be the original resolution adopted by the City Council of the City of Santa Ana on July 2, 2001. Date: Clerk of the Council City of Santa Ana EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2001-08 Conditional Use Permit No. 2001-08 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 Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the dghts 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. A. Planning Division All proposed site improvements, including all landscaping as shown on the site plan, must conform to the Site Plan review approval of DP No. 01-02. The conditional use permit becomes null and void if the City Council does not approve Amendment Application No. 2001-02. This conditional use permit will not become effective until 30 days after the second reading of the ordinance approving Amendment Application No. 2001-02. The facility is limited to the board and care of clients with a permanent mental disability, is on medication and need assistance with daily living. No other type of care facility, including drug and/or alcohol treatment facilities, is permitted. An annual review will be performed by the Planning Division in order to ensure compliance with the conditions of approval for the project. Each driveway, and other front yard areas, that do not directly lead into a garage must be removed and be replaced with landscaping. A lot consolidation action to merge all legal parcels must be applied for and approved prior to occupancy of the proposed use. The proposed trash enclosures for the facility must be built per City Standards. A management plan needs to be submitted to the Planning Division for review. This plan must include a delivery schedule for service vehicles, expected visitation hours, and the methods for monitoring the residents of the project. 10. (Modified by the Planning Commission June 11, 2001). Police Department The existing buildings and parking areas must conform to the previsions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). This will require that the existing lighting, door/window locking devices and addressing be upgraded to current code standards. The use is restricted to that of caring for clients who have a permanent mental disability. Drug and alcohol rehabilitation will not be allowed at this location. 3. No exterior public pay phones will be allowed. EXHIBIT "B" FINDINGS OF FACT FOR CONDITIONAL USE PERMIT NO. 2001-08 Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed residential care facility for mentally disabled adults will contribute to the overall general well being of the neighborhood as the facility will help address the shortage of these facilities in the City. Will the proposed use 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 use will not be detrimental to the health, safety and welfare of persons in the area as a management plan will be required for the facility. This plan will document the operation of the facility, including how residents will be monitored on the premises. Additionally, a condition of approval has been included which prohibits other types of care facilities, including drug and/or alcohol rehabilitation. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The development of the site with a care facility will affect the economic viability of the area as the applicant is proposing to make a substantial investment in improving the physical appearance of the property, including repairing and repainting the structures. Additionally, major landscaping improvements are also proposed that will assist in improving the economic stability of the area. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Aha Municipal Code for such use? The project will be in compliance with the applicable provisions of Chapter 41 of the Santa Ana Municipal Code as well as the provisions included within the Specific Development Plan No. 71 (SD-71) zoning district. Will the proposed use adversely affect the General Plan or any specific plan of the c y? The proposed project will not adversely affect the General Plan or North Harbor Specific Plan. The use will be compatible with the Low-Density Residential (LR-7) General Plan designation and with the Single-Family Residence designation of the North Harbor Specific Plan.