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HomeMy WebLinkAboutReso25-02_1800 N Bush St_VAR Resolution No. 2025-02 Page 1 of 9 RESOLUTION NO. 2025-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2019-2- MOD-1, AS CONDITIONED, TO ALLOW AN INCREASE IN PARKING DEVIATION FROM A 27-PERCENT TO 47- PERCENT DEFICIT, RESULTING FROM THE RECLASSIFICATION OF PROFESSIONAL OFFICE TO MEDICAL OFFICE LAND USES ON THE SECOND FLOOR OF 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 to Conditional 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 a 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 the construction of 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. 2019-2. 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 Property Owner (and operator of the existing adult day care center) submitted a Development Project application proposing to increase the number of participants and requesting a further parking deviation. Resolution No. 2025-02 Page 2 of 9 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 their discretionary application. E. Santa Ana Municipal Code (SAMC) Section 41-649 requires approval of a variance modification to amend the original request. F. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the variance modification for this Project as set forth by the SAMC. G. On January 27, 2025, the Planning Commission held a duly noticed public hearing for VAR No. 2019-2-MOD-1. H. The Planning Commission of the City of Santa Ana has considered the information and determines that the followin g findings, which must be established in order to grant VAR No. 2019-2-MOD-1, for an adult day care center, have been established as required by SAMC Section 41 -638. 1. 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 chapte r. The subject property exhibits special circumstances due to its size, existing development, and operational requirements. The two-story, 10,800-square-foot building is constrained by a 0.53- acre lot and limited parking availability, which challenges the strict application of zoning requirements. The site has historically functioned with a parking deficit under previously approved conditions. These unique factors, including the operational needs of the adult day care center and the proposed reclassification of office spaces, make strict compliance with parking requirements impractical. Without the variance, the property would be deprived of privileges to serve the community effectively, as other similar facilities do within the city. 2. That the granting of a variance or minor exception is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting the variance is necessary to allow the adult day care center to expand its capacity to meet community needs while remaining operationally viable. The property owner is proposing measures, such as the use of transportation vans and staggered Resolution No. 2025-02 Page 3 of 9 scheduling of medical staff, to minimize parking demand and support the intended use. Without the variance, the property would not be able to accommodate the increase in participants and staff, restricting its ability to provide essential services. This limitation would hinder the full utilization of the site, which already has the physical capacity to support the expanded use. 3. That the granting of a variance or minor exception will not be materially detrimental to the public welfare or injurious to surrounding property. The reclassification of the second floor to medical office use is not anticipated to be materially detrimental to public welfare or injurious to surrounding properties as medical offices traditionally operate by appointment only, which inherently minimizes the potential for parking congestion. Moreover, the proposed reclassification aligns seamlessly with the existing use of the property as an adult day care center, both of which promote health and wellness. 4. That the granting of a variance or minor exception will not adversely affect the general plan of the city. 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 parking by utilizing transportation vans for staff and participants. This approach respects the surrounding community by preventing spillover parking in adjacent areas. This commitmen t 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 residents. The proposed expansion would enable the facility to serve more elderly individuals 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 Resolution No. 2025-02 Page 4 of 9 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. Therefore, would not adversely affect the General Plan. Section 2. Pursuant to the California Environmental Qua lity 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 expansion 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 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 Variance No. 2019-2-MOD-1, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1800 North Bush Street. Resolution No. 2025-02 Page 5 of 9 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 Resolution No. 2025-02 Page 6 of 9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2025-02 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. 2025-02 Page 7 of 9 EXHIBIT A Conditions of Approval for Variance No. 2019-2-MOD-1 Variance (“VAR”) No. 2019-2-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 variance. 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 VAR 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. Violations of the Variance 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. A maximum of 23 staff members may be on site at any one time, and at no time can the maximum occupancy exceed 199 occupants, including participants and staff. 8. 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 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, Resolution No. 2025-02 Page 8 of 9 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. 9. Within 90 days of adoption of this resolution , Applicant (and the owner of the property upon which the authorized use and/or authorized improvement s 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 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 Resolution No. 2025-02 Page 9 of 9 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 Property Maintenance Agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement.