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HomeMy WebLinkAbout31A - 818 NORTH GARFIELD SERV. REQUEST FOR COUNCIL ACTION . CITY COUNCIL MEETING DATE: MARCH 15, 2004 TITLE: CONDITIONAL USE PERMIT NO. 2004-02, VARIANCE NO. 2004-01 AND NEIGHBORHOOD PROJECT REVIEW NO. 2004-01 TO PERMIT THE CONSTRUCTION OF A CARE HOME IN THE SPECIFIC ;8V<LM); ¿¡cø p -, . CITY MANAGER ~ ~ CLERK OF COUNCIL USE ONLY: APPROVED 0 As Recommended 0 As Amended 0 Ordinance on 1" Reading 0 Ordinance on 2"" Reading 0 Implementing Resolution 0 Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2004-02 as conditioned, Variance No. 2004-01 as conditioned and Neighborhood Project Review 2004-01. . Planning Commission Action . On February 23, 2004, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2004-02 as conditioned, Variance No. 2004-01 as conditioned and Neighborhood Project Review No. 2004-01 by a vote of 6:1 (Sinclair opposed, De La Torre absent). DISCUSSION On February 23, 2004, the Planning Commission held a public hearing for the various entitlements associated with the Mercy House Care Home to be known as the San Miguel Residence within the Historic French Park District (Exhibit A). At this hearing, two members of the French Park Neighborhood Association spoke in favor of the project. At the conclusion of the public hearing, the Commission recommended approval due to benefits it would provide to the community. The San Miguel Residence will contribute to the general well being of the . community by providing housing and supportive services to Orange County residents who are in a period of transition from homeless situations into normal living conditions. Additionally, the design and operation of San Miguel Residence have been developed to ensure compatibility with the surrounding community. The project will be consistent with the goals and . 31 A-1 Conditional Use Permit No. 2004-02 Variance No. 2004-01 Neighborhood Project Review No. 2004-01 March 15, 2004 Page 2 policies of the general plan by providing in-fill development housing for persons with special needs and development that provides positive contribution to the character of the existing neighborhood. Stephen G. Ha~ ing Executive Director Planning & Building Agency PG:rb pglreportølcupO4-02vaO4-01nprO4-01. cc 31A-2 REQUEST FOR . Planning Commission Action . LANNING COMMISSION MEETING DATE: EEBRUARY 23, 2005 ~ ~ PLANNING COMMISSION SECRETARY TITLE: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2004-02, VARIANCE NO. 2004-01 AND NEIGHBORHOOD PROJECT REVIEW NO. 2004-01 TO PERMIT THE CONSTRUCTION OF A CARE HOME IN THE SPECIFIC DEVELOPMENT 19 ZONE (FRENCH PARK) Prepared by Pedro Guillén APPROVED 0 As Recommended 0 As Amended 0 Set Public Hearing For DENIED 0 Applicant's Request 0 Staff Recommendation CONTINUED TO ¡Æ^- iW ~ /tN~ Deputy City Manager RECOMMENDED ACTION ~~ ....... . Planning Manager 1. Adopt a resolution approving Conditional Use Permit No. 2004-02 as conditioned. .2. Adopt a resolution approving Variance No. 2004-01 as conditioned. Adopt a resolution approving Neighborhood Project Review 2004-01. DISCUSSION Request of Applicant Larry Haynes, Executive Director of Mercy House, is requesting approval of a care home at 818 North Garfield Street. '. Property Description The development site is a 6,200 square foot rectangular vacant lot with 41 feet of frontage located on Garfield Street. The property is within the Specific Development Plan 19 (SD-19) zoning district, otherwise known as the Historic French Park District. The General Plan land use designation for the area is Low-Density Residential (LR-7).. The surrounding land uses consist of a mixture of single and multiple-family residences and a care home to the east (Exhibits 1 and 2). Project Description 4Irercy House is proposing to construct a 4,139 square foot care home and 1,264 square foot detached five-car garage, to be known as the San , Miguel Residence (Exhibit 3). The care home will include four, one- EXHIBIT A 31A-3 Conditional Use Permit No. 2004-02 Lriance No. 2004-01 Neighborhood project Review No. 2004-01 February 23, 2004 Page 2 bedroom units and one, two-bedroom unit each with kitchen, bàthroom, dining and living room areas. Additionally, each unit will have one parking space, one storage space and access to a laundry facility within the garage (Exhibits 4 through 6). The new construction on the site has been designed in the Spanish Colonial Revival architectural style and will reflect the characteristics, materials, and colors of the existing residences in the neighborhood (Exhibits 7 through 10). Exterior design elements include smooth finish stucco and single-hung vinyl windows. Mercy House is a non-profit social service group founded for the purpose of assisting and providing affordable and stable living space for persons graduating from supervised rehabilitation programs. Mercy House operates three other facilities in Santa Ana: Regina House for women and children;. Joseph House for men; and the Emmanuel House located at 807 North Garfield Street. The land for the proj ect was acquired by the Community Redevelopment Agency of Santa Ana and was transferred to Mercy ..')use in 2003. . Analysis of the Issues The San Miguel Residence was originally approved by the Planning Commission under Neighborhood project Review No. 2001-07 as required in the French Park zoning provisions. The scope of the project involved the extensive remodel of a legal nonconforming five-unit apartment building and construction of a detached five-car garage. The facility would operate as an independent living facility for persons graduating from rehabilitation programs. The structures were designed to reflect the Spanish Colonial Revival architectural style. The project was issued building permits on October 10, 2003 as a rehabilitation of an existing building. During construction, the building was completely demolished. As a result, all legal nonconforming rights that existed on the site were lost. The City became aware of the demolition through a resident of the neighborhood. Staff performed a site investigation and observed that the entire structure had been demolished, contrary to the approval of Neighborhood Project Review No. 2001-07. A stop work order was issued and the applicant was informed of the necessary entitlements. 31A-4 . Conditional Use Permit No. 2004-02 ~riance No. 2004-01 cleighborhood Project Review No. 2004-01 February 23, 2004 Page 3 Care homes are permitted in French Park with a conditional use permit. Mercy House is committed to accomplishing its. goal of providing housing for persons in need and is requesting approval of a conditional use permit to allow a care home on the same site. There will be no increase in square footage, as the proposed care home will maintain the size of the originally entitled rehabilitation project. Th.: purpose of the proposed development is to reintegrate persons who have graduated from approved rehabilitation programs into normal and permanent living situations with supportíve services. On-site supervision will not be necessary due to the close proximity of the Emmanuel House, which is owned and operated by Mercy House. The Emmanuel House, which was approved under Conditional Use Permit No. 1998-12, is located directly across the street from this project at 807 North Garfield Street and is a transitional housing care home for . inqividuals living with HIV/AIDS. The proposed care home is intended to ryrovide a residential rather than an institutional environment for the . .esidents as well as the surrounding community. Care provided at this facility will not include medical services associated with a hospital or other medical facilities. To ensure architectural consistency and compatibility, the French Park zoning. provisions require that all new construction projects be reviewed anq approved by both the neighborhood association and the Planning Commission. Additionally, French .park zoning p¡¡-ovisions require that all . new construction projects conform .to one of the historical architectural styles of the district. The facility will maintain the Spanish Colonial Revival architectural style that was previously approved. The French Park Architectural Review Committee has reviewed the proposal and recommends approval of the project (Exhibit 11). The applicant is requesting to rebuild on the same builqing footprint as approved through Neighborhood Project Review No. 2001-07, which complied with side and rear setbacks. The front yard had a nonconforming setback of 13 feet measured from the front property line. This request requires a variance since the French Park zoning provisions require a 20-foot. minimum front yard setback for new construction. Although the required setback is 20 feet, the variance process provides an opportunity for .elief from this standard. The proposed 30-foot wide structure has 'etbacks that range from 17 feet, 15.5 feet, and a proposed seven-foot wide porch section 13 feet from .the front property line. 31A-5 Conditional Use Permit No. 2004-02 ~riance No. 2004-01 Neighborhood Project Review No. 2004-01 February 23, 2004 Page 4 Staff has determined through a survey of the existing front yard setbacks of the adjacent structures on the west side of the block that the prevailing setback is 17 feet (Exhibit 12).. There are five existing structures and one under construction on the west side of the block. Two of the five existing structures have an existing front yard setback of 13 feet. The public parkway along this block is an additional 16 feet, which amounts to a total setback of 29 feet from the structure's nearest point to the street. Staff believes that the proposed setback is. acceptable and will result in no impact to the neighborhood when considering that a portion of the structure meets the prevailing setback and given the existence of a large parkway. . Care homes require a parking ratio of one parking stall for every three. beds. A five-car garage is proposed and will allow the care home to provide up to 15 beds. The facility will have a total of six bedrooms; therefore, the parking provided should be sufficient to meet this ,=equirement. In conclusion, the design and operation of the. San Miguel Residence have been developed to ensure compatibility with the surrounding community and compliance with the French Park Architectural Design Guidelines. A variance request for reduction of the required front yard is in keeping with the existing neighborhood street pattern. Further, conditions imposed on the conditional use permit will ensure compatibility with the surrounding residential neighborhood. Addit1onally, the French Park Neighborhood Association is in support of the variance and conditional use . permit required for this project. Based on the above analysis, it is requested that the Planning Commission adopt a resolution approving the recommended actions as conditioned (Exhibits 13 and 14). CEQA Compliance In. accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption Environmental Review No. 04-17 will be filed for this project. ~~~ 'edro Guillén Assistant Planner I . PG:JM pg\reports \cup.' -02vaO' -OlnprO' -01. pc 31A-6 . AI GENERALAGRICULTURAL CR COMMERCIAL RESIDENTIAL R, SINGLE FAMILY RESIDENTIAL -B PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO FAMILY RESIDENCE e.SM COMMERCIAL SOUTH MAIN M, LIGHT INDUSTRIAL R3 MULTIPLE DENSITY MULTIPLE C, COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL FAMILY RESIDENCE C,-MD COMM. COMMERCIALIMUSEUM DISTRICT MO MILITARY OPERATIONS R4 SUBURBAN APARTMENTS C2 GENERAL COMMERCIAL 0 OPEN SPACE RE RESIDENTIAL ESTATE C3 CENTRAL BUSINESS P PROFESSIONAL SO SPECIFIC DEVELOPMENT C3-A CENTRAL BUSINESS-ARTIST VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT SP SPECIFIC PLAN C< PlANNED SHOPPING CENTER PRO PLANNED RESIDENTIAL DEVELOPMENT C5 ARTERIAL COMMERCIAL . A "=100DFEET A N N CUP 04-2NA 04-1/NPR 04-1 MERCY HOUSE - SAN MIGUEL RESIDENCE 818 NORTH GARFIELD STREET If.. r!lf - - =500 FEET G A D B U I EXHIBIT 1 31A-7 .D G A G c A CUP 04-2NA 04-1/NPR 04-1 MERCY HOUSE - SAN MIGUEL RESIDENCE 818 NORTH GARFIELD STREET A #{' PLANNING AND BUILDING AGENCY EXHIBIT 2 31A-8 . ;~I.d! III ';i, il, .'~ I!li GI!I! .11 81 I ili! I' I,'. I :!: ! I ! . I. !~I II.;.II=¡ m 181 II~ L .1. ... '. "'" - h~ I i I hi l.iI ~ ~I; ill! Ii I . -----1 ! I II I ' i I I ! I ------j -----1 II I ¡ i ------1 I ¡ I I ----------_J J.æRfJ.S 0"aIIM) ,\ 'I It ." ,----- I I I \ I I : :. i >' L_-_- I il A!T1V :~ @ E~~-9 Ii Ii Ii £ ... 81 ¡¡::a .~ ~ Ii EXHJBIT 4 31A-10 ~ ~ ~ ~ ?31 ¡ I ~I ~ ~. ~ i I . I: ¡¡ -~=::: I: ~: . _I !~ I: . E!~I"~~ 1 I . . ~ ~ ~ ~ fI) t; ,U ~ ~ii I ¡¡j ~ I « . T-" I ! I I ¡ I I I I ~J <0' ~i !¡ .' , ~! ¡, " Ii -,-9Z ¡ j ~ ø.. ~ !!5 ~ =1 8 i ~¡ I:IJ :t ~i t ¡:::¡ I ~ ð ~o ~ i .,... ~ ~ " , ~~IJ{~~ 2 ---------- . . ~ "'. ~,r-~ œ mæ œœ 8 '.&:1 ~ _I ¡¡:¡I ! 'L. N ~'. ,~ ,¡: Ii"XHIBIT 7 ;s1A-13 ~ § ¡¡: ~ 8 æfIJ t; '.&:1 :z: ::> jl~. g ~ ~I ø.~ ~ ~ ~ fIJ~ ~ i ¡¡¡ ~ -..-------- 8 8 II II mEa 83 83 æ~, ~II 8 8 i II II M8 ~ 1 ~ fš .8 ~! i ~ 11~~ ~ ~ ! tI]~ ~ i I i ~ EXHIBIT184 31 A- -- I . ~ . . I. - --r- æ [ "-- '-- 8 ".¡: ti ~¡ j 8 i ~i I ~ ~ It ~ . ml ~ i ~I i i ¡¡¡ ~ EXHIBIT 9 31A-15 -..------.- II III ~o '.¡: t ~¡ ... ¡;;¡ I I E!~I7(~~O6 ~ ~ d ~ ~ ..g .:z= Iii ::> ~ '" fIJ~ 0 !ij ~¡ ~~ ~ Q <I:: ø.~ ~ ~ ~ fIJ ~i ~ ~ _w_------- .. .. .. January 6, 2004 RE-CEIVED JAN 072004 SANTA ANA PlArfIfG DEPT. . .. Mr. Pedro Guillen Fax: 714/667-2759 Planning Division, City of Santa Ana 20 Civic Center Pla¡¡;a Santa Ana, CA 92701 SANTA'ANA ,! Dear Mr. Guillen, ,. The Historic French Park Neighborhood Association is happy to reaffinn its support for the San Miguel Care Facility proposed by Mercy House, and to recommend that the p~oject be approved. We understand that the project will require approval of a Conditional Use Pennit for a care facility, as is set forth in the Specific Development 19 (SD-19) zone. Additionally, a variance will be required for the front yard setback. (The applicant mtends to build to a front yard setback of 14 feet, which wilr duplicate that of the five unit apartment building' previously situated on this site, rather than the current prevailing minimum required front yard setback in SD-19, which is 20 feet.) , The Association recommends that the nèeded conditional use permit be issued, and a variance or the reduction of minimum front yard setback be granted. . EXHI~IT 11 ;;¡.HISTORIC FRENCH PARK ASSOCIATION.. P.O. 31AT17..NTA ANA, .CA 92702, WWW.FRENCHPARK,ORG A CUP 04-2N A 04-1/NPR 04-1 MERCY HOUSE - SAN MIGUEL RESIDENCE 818 NORTH GARFIELD STREET A eW' PLANNING BUILDING AGENCY AND EXHIBIT 12 31A-18 4IÞconditional Use Permit No. 2004-02 ~bruary 23, 2004 t'age 1 of 2 Findinqsof Fact A. . Will the proposed use provide a service or facility which will contribute to the general well being of. the neighborhood or the community? The proposed care home will contribute to the general well being of the neighborhood and the community by providing supportive services to Orange County residents who are in a period of transition from rehabilitation programs into normal and permanent living situations, by which allowing them to take control of their lives. The City of. Santa Ana, as well as the County of Orange, is underserved in terms of the number of facilities providing care to those in need. The establishment of a care facility will provide an alternative for families in need of housing. .B. 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 design and operation of the care home are intended to ensure compatibility with the surrounding uses. Mercy House has maintained three facilities in Santa Ana including the Emmanuel House, which is immediately across .the street from this project at 807 North Garfield Street with no adverse impacts to the health, safety or general welfare of the community. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? . The facility has been designed to resemble the Spanish Colonial Revival architectural style, which is compatible with the character of the Historic French Park District. The area includes a mixture of single and multiple-family residential structures in terms of design and size. The establishment of this structure at this location is consistent with this pattern. Mercy House currently operates three facilities in the surrounding area including the Emmanuel House. All three facilities have proven to be stable and beneficial uses for the community. Because of the compatible design, positive operating history and conditions of approval, the establishment of this facility will be beneficial to the area. 3fÃ~fa-13 conditional Use Permit No. 2004-02 ¡bruary 23, 2004 Page 2 of 2 D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The facility will comply with the applicable standards of the Santa Ana Municipal Code with the exception of the front yard setback. The proposed building is located within the required 20-foot front yard setback. The proposed 30-foot wide structure has offsetting setbacks of 17 feet, 15.5 feet, and a proposed seven-foot wide porch 13 feet from the front property line. A variance will be required for this request. A survey of the existing front yard setbacks of the adjacent structures on the west side of the block has determined that the prevailing setback is 17 feet. There are five existing structures and one under construction on the west side of the block. Two of the five existing structures have an existing front yard setback of 13 feet. The public parkway along this block is an additional 16 feet, which sets back the structure's nearest point at 29 feet from the street. A portion of the structure meets the prevailing setback and coupled with the large parkway, the yard reduction should have minimal impact to the existing street pattern. E. will the proposed use adversely affect specific plan of the City? the General Plan or any The area is designated Low Density Residential (LR-7) in the General Plan Land Use Element and. is located in Specific Development 19, otherwise known as Historic French Park District. A care home is an allowed use in Specific Development 19 with a conditional use permit. French Park includes a mixture of single and multiple-family residential uses, professional uses, and the Emmanuel House care home which is immediately across the street from this project. Additionally, Goal No.3 of the Land Use Element encourages the support of development, which provides positive contribution to the character of existing neighborhoods. Goal No.4. 1. 11 of the Housing Element encourages infill development sites throughout the City to provide housing for persons with special needs such as female headed households and homeless persons. No adverse impacts are anticipated because of the design of the project and the operational plan for the facility. 31 A-20 ~ariance 2004-01 Jbruary 23, 2004 Page 1 of 3 Findings of Fact . A. 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. . The development proj ect has special circumstances that warrant the granting of a variance. The proposed 3D-foot wide structure has offsetting setbacks of 17 feet, 15.5 feet, and 13 feet from the front property line. A survey of the existing front yard setbacks of the adjacent structures has determined that the prevailing setback is 17 feet. There are five existing structures and one under construction on the west side of the block. Two of the five existing structures have an existing front yard setback of 13 feet. The public parkway along this block is an additional 1q feet, which sets back the structure's nearest point at 29 feet from the street. A portion of the structure meets the prevailing setback and coupled with the large parkway, the proposed yard reduction should have minimal impact to the existing street pattern. This project is compatible with the Emmanuel House care home which was approved under Conditional Use Permit No. 1998-12 and is located directly across the street from this project at 807 North Garfield Street. The Emmanuel House is a transitional housing care home for individuals living with HIV/AIDS. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. . The approval of this variance will allow the property owner to continue with construction of a care home in an area that includes a mixture of single and mul tiple-family residential uses, professional uses, and the Emmanuel House care home immediately across the street from this project at 807 North Garfield Street. The establishment of this structure at this location is consistent with the development pattern. The construction of a care home with the majority of the structure meeting or exceeding the prevailing setback will respect and continue the unusual setbacks found throughout the area. 31A-21 Variance 2004-01 ~bruary 23, 2004 Page 2 of 3 C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance will not be detrimental or injurious to the surrounding properties. The new structure will be aesthetically compatible with the surrounding properties within the Historic French Park District, which offers a variety of residential designs and architecture. French Park zoning provisions require that all new construction and rehabilitation projects conform to one of the historical architectural styles of the district as identified in the Historic French Park Architectural Design Guidelines. The proposed project accompl ishes Goal s 2.1 and 2.2 of the Urban Design Element, encouraging creative architectural design and consistency with the existing pattern of development. The French Park Architectural Review Committee has approved the proposed Spanish Colonial Revival architectural style. The encroachment into the prevailing front yard setback will not have a significant impact on the existing neighborhood character and will provide architectural design that will enhance the area. The Land Use Element's policy 3.1 supports development which provides a positive contribution to neighborhood character and identity; a new care home with the majority of the structure meeting the prevailing setback and the existence of a large public parkway is consistent with this policy. Goal 2.7 of the Urban Design Element states projects must exhibit a functional, comfortable scale in relation to the neighborhood; the stepped setback design of the structure will accomplish this goal. D. That the granting of a variance will not adversely affect the General Plan of the City. The requested variance will not adversely affect the General Plan, as it will be consistent with the goals and policies expressed in that document. Goal 3.5 of the Urban Design Element Policy plan is to encourage projects that are consistent with the architectural character of the neighborhood. Additionally, care home is a permitted use subject to a conditional use permit in the zoning district. The care home will be architecturally compatible with the existing 31A-22 .Variance 2004-01 ~bruary 23, 2004 Page 3 of 3 neighborhood. The structure has been designed to provide architectural consideration and articulation and the encroachment of the structure into the front yard setback will not significantly impact the prevailing setback. . . 31A-23 FEBRUARY 23, 2004 'AGE 1 OF 1 Conditions for Approval Conditional Use Permit No. 2004-02 is approved subject to the reasonable satisfaction of the Planning Manager, with sections of the Santa Ana Municipal Code, the California Code, the Uniform Fire Code, the Uniform Building Code applicable regulations. compliance, to all applicable Administrative and all other 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. A. P1anninq Division 1. The facility shall be limited to no more than one electric meter, one gas meter, and one water meter. 2. The use of the property is limited to a care home as provided for in the Santa Ana Municipal Code Section 41-41.5. 3. Any changes of use or client base will require reapplication of the conditional use permit for Planning Commission and City Council review. 4. The care home shall not have more than 15 beds on site. EXHIBIT 14 31A-24 . FEBRUARY 23, 2004 'AGE 1 OF 1 Conditions for Approval Variance No. 2004-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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 rights conferred by this variance. 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. A. P1anninq Division 1. Comply with all conditions of approval Permit No. 2004-02. for Conditional Use . . 31A-25 koo-02/25/04 RESOLUTION NO. 2004-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2004-02 AS CONDITIONED TO ALLOW A CARE HOME AND VARIANCE NO. .2004-01 AS CONDITIONED FOR A REDUCTION OF THE FRONT YARD SETBACK FOR THE PROPERTY LOCATED AT 818 NORTH GARFIELD 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. Conditional Use Permit No. 2004-02 and Variance No. 2004-01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on February 23, 2004. Conditional Use Permit No. 2004-02 has been filed with the City of Santa Ana seeking to allow a care home at 818 North Garfield Street. Pursuant to Specific Development No. 19 (SD-19) care homes are permitted uses subject to the issuance of a Conditional Use Permit. B. 1. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. a. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed care home will contribute to the general well being of the neighborhood and the community by providing supportive services to Orange County residents who are in a period of transition from rehabilitation programs into normal and permanent living situations, which allows them to take control of their lives. The City of Santa Ana, as well as the County of Orange, is underserved in terms of the number of facilities providing care to those in need. 31 A-26 Resolution No. 2004-04 Page1of8 . . . b. The establishment of a care facility will provide an alternative for families in need of housing. 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? c. The design and operation of the care home are intended to ensure compatibility with the surrounding uses. Mercy House has maintained three facilities in Santa Ana including the Emmanuel House, which is immediately across the street from this project at 807 North Garfield Street with no adverse impacts to the health, safety or general welfare of the community. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The facility has been designed to resemble the Spanish Colonial Revival architectural style, which is compatible with the character of the Historic French Park District. The area includes a mixture of single and multiple-family residential structures in terms of design and size. The establishment of this structure at this location is consistent with this pattem. Mercy House currently operates three facilities in the surrounding area including the Emmanuel House. All three facilities have proven to be stable and beneficial uses for the community. Because of the compatible design, positive operating history and conditions of approval, the establishment of this facility will be beneficial to the area. d. Will the proposed use comply with the regulations and conditions specified in this chapter for such use. The facility will comply with the applicable standards of the Santa Ana Municipal Code with the exception of the front yard setback. The proposed building is located within the required 20-foot front yard setback. The proposed 3D-foot wide structure has offsetting setbacks of 17 feet, 15.5 feet, and a proposed seven- foot wide porch 13 feet from the front property line. A variance will be required. for this request. A survey of the existing front yard setbacks of the adjacent 31 A-27 Resolution No. 2004.{)4 Page2of8 e. structures on the west side of the block has determined that the prevailing setback is 17 feet. There are five existing structures and one under construction on the west side of the block. Two of the five existing structures have an existing front yard setback of 13 feet. The public parkway along this block is an additional 16 feet, which sets back the structure's nearest point at 29 feet from the street. A portion of the structure meets the prevailing setback and coupled with the large parkway, the yard reduction should have minimal impact to the existing street pattem. Will the proposed use adversely affect the General Plan or any specific plan of the City? C. The area is designated Low Density Residential (LR- 7) in the General Plan Land Use Element and is located in Specific Development No. 19, otherwise known as Historic French Park District. A care home is an allowed use in Specific Development No. 19 with a conditional use permit. French Park includes a mixture of single and multiple-family residential uses, professional uses, and the Emmanuel House care home which is immediately across the street from this project. Additionally, Goal No.3 of the Land Use Element encourages the support of development, which provides positive contribution to the character of existing neighborhoods. Goal No. 4.1.11 of the Housing Element encourages infill development sites throughout the City to provide housing for persons with special needs such as female headed households and homeless persons. No adverse impacts are anticipated because of the design of the project and the operational plan for the facility. Variance No. 2004-01 has been filed with the City of Santa Ana seeking to allow the reduction of the front yard setback.. 1. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. a. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of 31A-28 Resolution No. 2004-04 Page3of6 . . . privileges not otherwise at minor exception with the intent and purpose of the provisions of this Chapter. The development project has special circumstances that warrant the granting of a variance. The proposed 3D-foot wide structure has offsetting setbacks of 17 feet, 15.5 feet, and 13 feet from the front property line. A survey of the existing front yard setbacks of the adjacent structures has determined that the prevailing setback is 17 feet. There are five existing structures and one under construction on the west side of the block. Two of the five existing structures have an existing front yard setback of 13 feet. The public parkway along this block is an additional 16 feet, which sets back the structure's nearest point at 29 feet from the street. A portion of the structure meets the prevailing setback and coupled with the large parkway, the proposed yard reduction will have minimal impact to the existing street pattern. This project is compatible with the Emmanuel House care home which was approved under Conditional Use Permit No. 1998-12 and is located directly across the street from this project at 807 North Garfield Street. The Emmanuel House is a transitional housing care home for individuals living with HIV/AIDS. b. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The approval of this variance will allow the property owner to continue with construction of a care home in an area that includes a mixture of single and multiple- family residential uses, professional uses, and the Emmanuel House care home immediately across the street from this project at 807 North Garfield Street. The establishment of this structure at this location is consistent with the development pattern. The construction of a care home with the majority of the structure meeting or exceeding the prevailing setback will respect and continue the unusual setbacks found throughout the area. c. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. . 31A-29 Resolution No. 2004-04 Page4of8 The granting of a variance will not be detrimental or injurious to the surrounding properties. The new structure will be aesthetically compatible with the surrounding properties within the Historic French Park District, which offers a variety of residential designs and architecture. French Park zoning provisions require that all new construction and rehabilitation projects conform to one of the historical architectural styles of the district as identified in the Historic French Park Architectural Design Guidelines. The proposed project accomplishes Goals 2.1 and 2.2 of the Urban Design Element, encouraging creative architectural design and consistency with the existing pattern of development. The French Park Architectural Review Committee has approved the propOsed Spanish Colonial Revival architectural style. d. The encroachment into the prevailing front yard setback will not have a significant impact on the existing neighborhood character and will provide architectural design .that will enhance the area. The Land Use Element's Policy 3.1 supports development which provides a positive contribution to neighborhood character and identity; a new care home with the majority of the structure meeting the prevailing setback and the existence of a large public parkway is consistent with this policy. Goal 2.7 of the Urban Design Element states projects must exhibit a functional, comfortable scale in relation to the neighborhood; the stepped setback design of the structure will accomplish this goal. That the granting of a variance will not adversely affect the General Plan of the City. The requested variance will not adversely affect the General Plan, as It will be consistent with the goals and policies expressed in that document. Goal 3.5 of the Urban Design Element Policy Plan is to encourage projects that are consistent with the architectural character of the neighborhood. Additionally, care home is a permitted use subject to a conditional use permit in the zoning district. The care home will be architecturally compatible with the existing neighborhood. The structure has been designed to provide architectural consideration and articulation 31 A-3D Resolution No. 2004-04 Page50f8 . . . and the encroachment of the structure into the front yard setback will not significantly impact the prevailing setback. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption Environmental Review No. 2004-17 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2004-02 as conditioned in Exhibit "A" attached hereto and incorporated herein and approves Variance No. 2004-01 as conditioned in Exhibit "B" attached hereto and incorporated herein. D. ADOPTED this 23rd day of February, 2004 by the following vote: AYES: Commissioners: Cribb, Leo, Lutz, Mondo, Nalle (5) NOES: Commissioners: Sinclair (1) ABSENT: Commissioners: De La Torre (1) ABSTENTIONS: Commissioners: None (0) Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Deputy City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2004-04 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 23, 2004. Date: Planning Commission Secretary City of Santa Ana 31A-31 Resolution No. 2004-04 Page6of8 Conditions for APproval for Conditional Use Permit No. 2004-02 Conditional Use Permit No. 2004-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections of the Santa Ana Municipal Code, the Califomia Administr¡:¡tive 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 Drior 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. . A Planning Division 1. The facility shall be limited to no more than one electric meter, one gas meter, and one water meter. 2. The use of the property is limited to a care home as provided for in the Santa Ana Municipal Code.Section 41-41.5.. 3. Any changes of use or client base will require reapplication of the conditional use permit for Planning Commission and City Council review. 4. The care home shall not have more than 15 beds on site. Exhibit "An 31 A-32 . . . Conditions for ADDroval for Variance No. 2004-01 Variance No. 2004-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections. of the Santa Ana Municipal Code, the Califomia Administrative Codè, 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 rights conferred by this variance. 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. A. Planning Division 1. Comply with all conditions of approval for Conditional Use Permit No. 2004-02. Exhibit "B" 31 A-33