HomeMy WebLinkAboutReso25-01_1800 N Bush St
Resolution No. 2025-01
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RESOLUTION NO. 2025-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA APPROVING CONDITIONAL USE
PERMIT NO. 2019-19-MOD-01, AS CONDITIONED, TO
ALLOW FOR AN INCREASE IN ADULT DAY CARE
PARTICIPANTS AT THE EXISTING ADULT DAY CARE
CENTER AT THE PROPERTY LOCATED AT 1800 NORTH
BUSH STREET (APN: 003-142-24)
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. Christina Meshreky and Georgina Beshi, with DNJ C Properties, LLC
(“Property Owner” and “Applicant”), are requesting approval of a modification
toConditional Use Permit (CUP) No. 2019-19-MOD-1, to allow for an increase
in adult day care participants from 40 participants to a maximum of 199 total
occupants/individuals, including participants and staff members, at an existing
adult daycare center (360 Adult Day Care) for the property located at 1800
North Bush Street. Applicant is also requesting approval of modification to
Variance No. 2019-02 to allow for a reduction in the required parking spaces,
resulting from a change of use to the second floor office space at the same
subject property, from professional office to medical office.
B. The site was originally developed in 1989 with a two -story; 10,800-square-foot
building that has since been occupied by various professional and medical
office tenants.
C. On June 24, 2019, the Planning Commission conditionally approved CUP No.
2019-19 and VAR No. 2019-02. These approvals permitted the operation of an
adult day care center on the first floor of the building, accommodating up to 40
participants, along with a parking deficit of twenty-seven (27) percent. The
adult day care center is still in operation and is now proposing an expansion to
accommodate additional participants and staff, as the existing unit has the
capacity to support additional individuals.
D. On February 23, 2024, the owner and operator submitted a Development
Project application proposing to increase the number of participants and
requesting a further parking deviation. The applicant collaborated with
Planning Staff to provide all necessary documentation, including a parking
analysis, to support the City's review of the request. The Development Project
review was finalized on November 7, 2024, after which the applicant submitted
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their discretionary applications.
E. Santa Ana Municipal Code (SAMC) Section 41-649 requires approval of a CUP
modification to amend the original request.
F. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to
review and approve the CUP modification for this project as set forth by the
Santa Ana Municipal Code.
G. On January 27, 2025, the Planning Commission held a duly noticed public
hearing for CUP No. 2019-19-MOD-1.
H. 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. 2019-19-MOD-1, for an adult day care
center, 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 Project would expand and existing adult day care,
enabling it to provide critical services to elderly and adults in need
of care, which would enhance their quality of life. The center not
only offers care but a variety of engagement activities such as
chair exercises, arts and crafts, puzzles, and various forms of
therapy that support their well-being. Expanding the center's
capacity would allow it to meet the increasing demand for these
services; particularly from families residing and working in the
area thus also contribute to the overall well-being of the
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 Project would not be detrimental to the health,
safety, or general welfare of persons residing or working in the
vicinity, as it is carefully designed to mitigate potential impacts.
Operational practices such as staggered participant scheduling,
transportation provided by caregivers and center-operated vans,
and coordinated staff schedules will ensure minimal disruption to
the community. Additionally, no physical changes to the building
are proposed, and the site has demonstrated the capacity to
safely accommodate the increased use within the existing
occupancy limit. Lastly, the increase in participants would not
necessarily result in a continuous influx of individuals at the site
throughout the hours of operation, but would provide the owner
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with the flexibility to offer services to additional members, as the
current limitation is 40.
3. That the proposed use will not adversely affect the present economic
stability or future economic development of properties surrounding the
area.
By increasing the number of participants, the center will not only
address the immediate needs of the community but also foster
economic growth by creating additional job opportunities and
ensuring the center's continued success. This expansion
strengthens the area's economic vitality by enhancing the
availability of essential services for the aging population and their
families. Furthermore, the project demonstrates a strong
commitment to minimizing parking and traffic impacts through
carefully designed operational practices thus reflecting a
proactive effort to foster a positive relationship with the
surrounding community.
4. That the proposed use will comply with the regulations and conditions
specified in Chapter 41 for such use.
The proposed increase in participants will occur within an
existing commercial building that currently includes established
site improvements. The applicant does not propose any increase
in square footage or structural alterations to the building itself.
However, they are proposing key site enhancements to ensure
compliance with current City standards. These improvements
include resizing the trash enclosure as needed to meet updated
requirements, installing a roof cover for the enclosure, and
recording an easement for the corner ramp located at the
intersection of Eighteenth Street and Bush Street. As it relates to
the site parking, a Variance was conditionally approved on June
24, 2019 to allow for a 27-percent parking deficit and modification
to the approved variance was requested to allow for an increase
in deficit to 47-percent.
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 proposed Project aligns with several goals and policies of
the City’s General Plan. Goal LU-1 of the Land Use Element
seeks to provide a land use plan that enhances quality of life
while respecting the existing community. The services offered by
the center improve the quality of life for elderly individuals, other
adults in need, and their families by providing engagement and
care. The proposed increase in participants and staff is reflected
in the applicant’s commitment to minimizing the need for onsite
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parking by utilizing transportation vans for staff and participants.
This approach respects the surrounding community by
preventing spillover parking in adjacent areas. This commitment
aligns with Policy LU-1.1, which aims to foster compatibility
between land uses to enhance livability and promote healthy
lifestyles. As the project involves modifying an existing land use
within the built environment, it ensures the continued
coexistence of the center with the surrounding community.
Additionally, the project is consistent with Goal LU-2 of the
General Plan, which seeks to provide a balanced mix of land
uses that meet the diverse needs of Santa Ana. The proposed
expansion would enable the facility to serve more individuals that
are elderly and other adults in need of care, as well as their
families. This expansion addresses a significant need in the
community, given that only four such facilities currently operate
in Santa Ana, and this center is functioning at limited capacity.
The proposed Project is also consistent with Goal CM-3 of the
Community Element, which promotes the health and wellness of
all Santa Ana residents. By increasing its capacity, the center will
be able to serve additional members of the community in need,
enabling them to remain healthy and active through the
programs offered. Additionally, the project will create job
opportunities for the additional staff needed to support the
expanded participants, aligning with Goal EP-1 of the Economic
Prosperity Element. This goal seeks to foster a dynamic local
economy that provides and creates employment opportunities for
all residents. Furthermore, granting approval for this request
ensures the center's ability to thrive despite the site's constraints,
consistent with Goal EP-3, which promotes a business-friendly
environment where businesses can grow and succeed.
Section 2. Pursuant to the California Environmental Quality Act (CEQA) and its
Guidelines, the Project is exempt from further review under Section 15301 (Class 1 –
Existing Facilities). The Project qualifies for this exemption, as it pertains to the operation,
licensing, or minor alteration of private structures with little to no expansion of their existing
or prior use. Although the proposed project would increase the number of participants and
the parking deficit, it does not involve any expan sion of the building’s floor area. As such, a
Notice of Exemption, Environmental Review No. 2017-35 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
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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 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. The Planning Commission of the City of Santa Ana, after conducting the
public hearing, hereby approves Conditional Use Permit No. 2019-19-MOD-1, as conditioned
in Exhibit A, attached hereto and incorporated herein, for the project located at 1800 North
Bush Street. This decision is based upon the evidence submitted at the above-referenced
hearing, including but not limited to: The Request for Planning Commission Action dated
January 27, 2025, 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 2025 by the following vote.
AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Christopher Leo,
Jennifer Oliva, Isuri Ramos, Alan W oo (6)
NOES: Commissioners:
ABSENT: Commissioners: Bao Pham (1)
ABSTENTIONS
:
Commissioners:
Jennifer Oliva
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Melissa M. Crosthwaite
Senior Assistant City Attorney
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2025-01 to be the original resolution adopted by the Planning Commission
of the City of Santa Ana on January 27, 2025.
Date:
Nuvia Ocampo
Recording Secretary
City of Santa Ana
1/27/2025
Resolution No. 2025-01
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EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2019-
19-MOD-1
Conditional Use Permit (“CUP”) No. 2019-19-MOD-1 for an adult daycare center is
approved subject to compliance, to the reasonable satisfaction of the Planning Manager,
with applicable sections of the SAMC, 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 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.
1. The Applicant must comply with all conditions and requirements of the
Development Review Committee for the Development Project (DP) No. 2024-03.
2. Any amendment to this CUP 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. Violations of the Conditional Use Permit as contained in Section 41 -647.5 of the
SAMC will be grounds for permit suspension and/or revocation as described in
Section 41-651 of the SAMC.
4. The business shall post in a conspicuous location at the entry to the building the
contact information for the responsible onsite manager, including full name, phone
number, and emergency or backup phone number, in case of noise and related
operational complaints.
5. Site illumination levels must remain in compliance with Section 8 -211 (Special
Commercial Building Provisions) of the SAMC at all times.
6. Site exterior noise levels must remain in compliance with Section 18-312 (Exterior
Noise Standards) of the SAMC at all times.
7. The Conditional Use Permit shall be subject to an administrative review by the
Planning Division within six (6) months from execution of this resolution. The
review shall focus on business operations and compliance with the City’s noise
ordinance and may include, but is not limited to, review of noise complaints. At the
conclusion of the administrative review, the Planning Division shall make a
determination if an increase in the height of the block wall along the north property
line is required for additional noise attenuation. Added on January 27, 2025 by
the Planning Commission.
8. A maximum of 23 staff members may be on site at any one time, and at no time
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can the maximum occupancy exceed 199 occupants, including participants and
staff.
9. The Conditional Use Permit shall be subject to an administrative review by the
Planning Department within six (6) months from execution of this resolution, to
determine if onsite parking availability is sufficient. If onsite parking availability
becomes insufficient within six months from the date of execution of this resolution ,
resulting in community complaints, the owner/operator shall develop and
implement a comprehensive Parking Management Plan , subject to approval by
Planning Division staff. This plan shall include strategies to address parking
deficiencies, such as parking agreements with adjacent properties, implementation
of valet services, incentivizing alternative modes of transportation, or optimizing
onsite parking layouts. Furthermore, designated parking areas shall be clearly
posted and properly maintained onsite to ensure compliance and mitigate potential
impacts on the surrounding community. Revised by the Planning Commission
on January 27, 2025.
10. Within 90 days of adoption of this resolution , Applicant (and the owner of the
property upon which the authorized use an d/or authorized improvements are
located, if different from the Applicant) shall execute a Property Maintenance
Agreement with the City of Santa Ana, which shall be recorded against the
property. The Property Maintenance 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 and which shall
be in a form reasonably satisfactory to the City Attorney. The Property
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.);
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 on or about the property; the proper and
timely removal of graffiti; the timely maintenance, repair and upkeep of
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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 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 Property
Maintenance Agreement and both shall be jointly and severally liable for
compliance with its terms;
f. The Property 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 Property 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
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.