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Home My WebLink About75A - PH - 1600 E FIRST STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2010-01 AND CONDITIONAL USE PERMIT NO. 2010-15 TO ALLOW A RESIDENTIAL CARE FACILITY FOR THE ELDERLY AT 1600 EAST FIRST STREET - AZURE PLAZA PARTNERS, LLC, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance approving Amendment Application No. 2010-01. 2. Adopt a resolution approving Conditional Use Permit No. 2010-15 as conditioned. PLANNING COMMISSION ACTION On September 13, 2010, the Planning Commission recommended that the City Council adopt an ordinance approving Amendment Application No. 2010-01; and adopt a resolution approving Conditional Use Permit No. 2010-15 as conditioned by a vote of 7:0 to allow a residential care facility for the elderly and change the zoning for a portion of the lot from Single Family Residential (R1) and Multiple Family Residential (R3) to General Commercial (C2) zoning for property at 1600 East First Street (Exhibit A). The Planning Commission added a condition to require the Commission's review and approval of the final landscape plan prior to permit issuance. FISCAL IMPACT There is no fiscal impact associated with this action. Jay V. Trevino Executive Director Planning & Building Agency LL: rb LLlreports\pc&zalcupl0-15aa10-01 Azure Plaza= Exhibit: A. Planning Commission Staff Report 75A-1 75A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2010 TITLE: PUBLIC HEARING - FILED BY AZURE PLAZA PARTNERS, LLC FOR AMENDMENT APPLICATION NO. 2010-01 AND CONDITIONAL USE PERMIT NO. 2010-15 TO ALLOW A RESIDENTIAL CARE FACILITY FOR THE ELDERLY AT 1600 EAST FIRST STREET Prepared by Lucy Linnaus xecutive Director RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For DENIED ? Applicant's Request ? Staff Recommendation CONTINUED TO Planning Mana r Adopt an ordinance approving Amendment Application No. 2010-01. 2. Adopt a resolution approving Conditional Use Permit No. 2010-15 as conditioned. DISCUSSION Request of the Applicant Nabile Anz of Azure Plaza Partners, LLC is requesting approval of Amendment Application (AA) No. 2010-01 to change the zoning designation of a portion of the site from Single Family Residence (R1) and Multiple-Family Residence (R3) to General Commercial (C2). Additionally, the applicant is requesting approval of Conditional Use Permit (CUP) No. 2010-15 to allow the conversion of an existing hotel and restaurant into a licensed residential care facility for the elderly (RCFE) at 1600 East First Street. Property Description The project site is located midblock, just west of the southwest corner of First and Lyon Streets. The site is an L-shaped, flat, 3.13 acre parcel developed with a 10-story, 150-room hotel and a detached single story restaurant constructed in 1971. A total of 182 parking spaces are provided for the site. A 0.49 acre portion of the parcel located towards the southeast corner of the lot is currently undeveloped. The site has three zoning designations: 1.62 acres of the site are zoned General Commercial (C2); 1.02 acres are zoned Single-Family Residence (R1) and 0.49 acres are zoned Multiple-Family Residence (R3). The General Plan land use designation for the entire site is General Commercial (GC). Surrounding land uses include commercial uses to the north, a mortuary to the east, Santa Ana Unified School district offices to the south and office buildings to the west (Exhibits 1, 2 and 3). Exhibit A 1 Amendment Application No. 2010-01 Conditional Use Permit No. 2010-15 September 13, 2010 Page 2 Project Description Azure Plaza Partners, LLC is proposing to convert an existing 150-room hotel into a 128-room licensed residential care facility for the elderly (RCFE). The facility will provide 24-hour care and supervision for up to 147 residents age 60 and above. The first floor will be modified to accommodate a new entrance lobby, sitting area, dining rooms, medical clinic, beauty salon, exercise room, therapy pool, and three rooms to house non-ambulatory residents. The existing swimming pool and amenity deck will continue to operate and be restored to meet accessibility standards. The second through tenth floor will house most of the residents in rooms that will vary in size from 335 to 425 square feet. Each room will have private accessible bathroom facilities, a closet and a small counter, but no kitchen facilities as these are rooms within a care home environment and not individual residential units. The central core on each floor will have a community space intended to provide a variety of stimulating activities for the residents. These will include meeting and business rooms, library, theater, card/game room, arts and crafts room, billiards/sports room, dance studio and worship area. Additional service facilities, such as private resident storage, will be provided on the seventh and eighth floors and a common laundry facility on the fourth floor. The applicant is also proposing several site improvements. The primary vehicular entrance and interior site circulation will be simplified and flanked by plazas. The plaza adjacent to the restaurant will have a trellis and canopy trees to provide a comfortable outdoor seating area for the restaurant, while the plaza to the west will be developed with canopy trees, seating and a water feature to define the entrance and provide a pedestrian friendly connection to the street. On the undeveloped portion of the lot will be a new parking area built in compliance with city standards. The existing parking lot will be repaired as needed and re-striped, and the landscaping and exterior lighting will be restored to comply with current codes. The existing restaurant will be remodeled to better serve the tower residents as well as the public at large. The lounge area will be converted into a juice/ice cream bar. Another portion of the restaurant will be converted into a coffee shop/deli. A third portion of the existing restaurant will continue to operate as a full service restaurant. The kitchen will prepare meals for the restaurant, coffee shop/deli and the residents of the tower. The restaurant will operate seven-days a week from 6:00 am to 11:00 pm. No Alcohol Beverage Control license is requested. Lastly, exterior modifications to the tower and restaurant are also being proposed in order to update its architecture. The buildings will be painted in muted colors and the glazing system will be replaced with a more energy efficient system. To update the architectural style of the tower, a new horizontal louver system will be installed over the open stairs and elevator shaft, and a new roof railing feature painted in a contrasting color will be added to the top of the tower. The mansards on the restaurant and porte-cochere will be removed and the architecture will be streamlined. Trellises will be added to accent the restaurant entrances and seating areas (Exhibits 4, 5 and 6). Amendment Application No. 2010-01 Conditional Use Permit No. 2010-15 September 13, 2010 Page 3 Analysis of the Issues The proposed project entails two separate actions for consideration: The rezoning of portions of the lot which are zoned R1 and R3 to C2 and the conversion of an existing hotel and restaurant into a licensed residential care facility for the elderly (RCFE). The section below will analyze each of these actions. Amendment Application As a mature city, the City of Santa Ana has seen many changes in its policies that direct development. As such, there are many parcels that have zoning designations that no longer are consistent with the General Plan land use designation or even with the development of the site. The hotel and restaurant were entitled in 1969 with a use variance that allowed development on the portion of the lot that was zoned R1. In 1969, the site had split zoning; the northern 183 feet adjacent to First Street was zoned C2, while the remainder of the lot was zoned R1. In 1989, the zoning of the portion of the lot occupied by the tower was changed from R1 to C2 to bring consistency between the land use, the zoning designation and the General Plan land use designation, leaving a small island in the center of the lot zoned R1. It has been the Planning Division's policy to correct situations like this, where the development is consistent with the General Plan land use designation, but inconsistent with the zoning, as projects are brought forward. As such, the proposed zone change represents only a clean-up to create consistency between the zoning and general plan land use designation. Conditional Use Permit The Santa Ana Municipal Code allows care homes in the General Commercial (C2) zoning district subject to a conditional use permit. Care homes are commercial facilities that are maintained and operated to provide living accommodations for and 24-hour care to persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living. Residential Care Facilities for the Elderly (RFCE) are non-medical facilities that provide room, meals, housekeeping and supervision; distribute medication; and provide personal care assistance with basic activities like hygiene, dressing, eating, bathing and transportation for the elderly. This level of care and supervision is for people who are unable to live by themselves, but who do not need 24-hour nursing care. RCFEs are considered non-medical facilities and are not required to have nurses, certified nursing assistants or doctors on staff. RFCEs or Assisted Living Facilities, as they are sometimes also known, must meet care and safety standards set by the State and are licensed and inspected by the Department of Social Services, Community Care Licensing (CCL). The State not only regulates the service providers, but also ensures compliance with the City standards. Since 1996, Azure Partners has successfully embarked on three hotel conversion projects in the Los Angeles area and have converted more than 300 hotel rooms into senior housing. Since this is their first proposal for a Residential Care Facility for the Elderly as a team, they have assembled a partnership where individual members' experience includes operating and administering licensed (RCFEs) and currently operate two small facilities in Orange County. Amendment Application No. 2010-01 Conditional Use Permit No. 2010-15 September 13, 2010 Page 4 A conditional use permit allows the City to impose conditions to mitigate any potential unforeseen negative impacts associated with a care home use and its operations. Since this is the first project of its kind for the City, the Planning Division and Police Department are proposing conditions of approval to ensure the project maintains its high quality through time and does not transition into an undesired or unintended use. The Planning Division's conditions are intended to ensure the facility will contribute to the general well being of the community and will create a positive economic impact by increasing the number of available jobs in the area and increasing the tax revenues. Conditions, such as requiring the facility to maintain its license and a high level of amenities to its residents are recommended. The Police Department's conditions refer to business operations and physical improvements to improve safety, such as requiring security guards to patrol the parking lot and upgrades to exterior lighting. The Police Department proposes a review of the project at six months, one year and annually thereafter to ensure that the business is in compliance with conditions approved for the project. Conclusion The project is consistent with the purpose of the General Plan Land Use Element and Housing Element, as it will further the goals and policies of the plan and not obstruct their attainment. Specifically, it would further the following General Plan goals and policies: Land Use Goal 1 I Promote a balance of land uses to address the basic community Element needs. I Policy 1.5 Maintain and foster a variety of residential land uses in the City. Policy 2.8 Promote rehabilitation of commercial properties, and encourage increased levels of capital investment. Policy 5.1 Promote development which has a net community benefit, and enhances quality of life. Housing Policy HE-4.4 Self Enriched Housing. Support efforts to increase the availability Element of supportive services and service-enriched housing for persons with special needs, such as seniors, disabled people, homeless people, families, and persons with medical conditions. As conditioned, the project will not create additional negative impacts to the surrounding business and residents; instead it will stabilize the First Street commercial corridor by creating new long term employment opportunities and providing a service that is needed in the community. Therefore, staff recommends approval of Amendment Application No. 2010-01 and Conditional Use Permit No. 2010- 15 as conditioned (Exhibits 7 and 8). Amendment Application No. 2010-01 Conditional Use Permit No. 2010-15 September 13, 2010 Page 5 CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project is exempt from CEQA review per Section 15332, class 32. Class 32 exemption allows infill development projects occurring on lots less than five acres, where the site has no value as a habitat for endangered species, is adequately served by all required utilities and public services, will not result in any significant effects relating to traffic, noise, air and water quality and is consistent with the applicable general plan, zoning and other policies. Environmental Review No. 2008-140 will be filed for this project. Lucy Lionaus, AIA c Vincent Frego , AICP Principal Plan r LL Jrn LLVepor1slpc&zalcup10-15aa10-01 Azure Plaza.pc 75A-8 4 Al GENERAL AGRICULTURAL -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL CI-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C4 PLANNED SHOPPING CENTER CS ARTERIAL COMMERCIAL CDR CORRIDOR CR COMMERCIAL RESIDENTIAL CSM SOUTH MAIN STREET COMMERCIAL DISTRICT DT DOWNTOWN -F FLOORAREARATIO GC GOVERNMENT CENTER MI LIGHT INDUSTRIAL M2 HEAVY INDUSTRIAL 0 OPEN SPACE -OZ OVERLAY ZONE P PROFESSIONAL PRD PLANNED RESIDENTIAL DEVELOPMENT R1 SINGLE-FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN TV TRANSIT VILLAGE UC URBAN CENTER UN-1 URBAN NEIGHBORHOOD 1 UN-2 URBAN NEIGHBORHOOD 2 AA 10-1/CUP 10-15 AZURE PLAZA, 1600 EAST FIRST STREET - - =FEET 1'= 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP ® M1 Overlay Zone EXHIBIT 1 M2 Overlay Zone 75A-10 AA 10-1/CUP 10-15 AZURE PLAZA 1600 EAST FIRST STREET P L A N N I N G A N D B U I L D I N G A G E N -C Y LAND USE MAP EXHIBIT 2 75A-12 FIRST 1 U Ml e C2 TTs .i SECTIONAL DISTRICT MAP IT-" ADOPTED BYTHESANTA ANACITY COUNCIL, JULY 21,19511BYORDINANCENS-392 SCALE EA FEET a +aEa MAVINM FgpN?AOE N/iM/M LOT ANEA AI -9 CI CI-MD C2 C3 C3-A G CS CR GENERAL AGRICULTURAL PARKING MOIXFICATN]N COMMUNITYCOMAERCIAL COMMUNITY COMMERCIAL-MUSEUM DISTRIC GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTISTS- VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL COMMERCIAL RESIDENTIAL T C-SM -F OC MI Mn MO 0 -OZ P PCO SOUTH MAW STREET COMMERCIAL DISTRICT FLOOR AREA RATIO GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE OVERLAY ZONE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PD PRO R1 R2 R3 R4 RE SO 3P PLANNED DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT SINGLE-FAMILY RESIDENCE TWO-FAMILY RESIDENCE MULTIPLE-FAMILY RESIDENCE SU9UR9AN APARTMENT RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN TMWP s THE OFR04SECTg44L DWWT NAPOF TNECttr IN EAMAAIW. 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L G r = ?oz Nv< v 2 M t L i 0 0 Y 2 O AA10-011CUP10-15 EXHIBIT $ 7c w #)c 4 of 5 IOU Qd? ® ® o0 0 W G O ` J K ? N F J r N = r? ? C ? S F 4 LL < W W ?W aor w i Nvt f t V O V V W O AA1a-011CUP1045 EXHIBIT 6 5 of 5 7Sn 27 'WE In - 75A-28 Conditional Use Permit No. 2010-15 September 13, 2010 Page 1 of 2 Findinas of Fact A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed conversion of a 150-room hotel into a 128-room licensed Residential Care Facility for the Elderly (RCFE) will provide a facility that will contribute to the general well being of the community by providing living facilities to a segment of the population in need of supervision and care, but not medical care. While RCFEs are regulated by the California Department of Social Services, conditions have been placed on the operations that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the community and the surrounding neighborhoods. 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 conditions of approval will require the facility compliance with State licensing requirements and will ensure the facility maintains a safe environment. The conditions of approval are imposed to mitigate any potential unforeseen impact that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The site as developed is suitable for the proposed use. The proposed use will not adversely affect the present economic stability or future economic development of the properties surrounding the area. Instead, the proposed use will create a positive economic impact by increasing the number of available jobs in the area and increasing the tax revenues which will protect property values within the community and will contribute to the economic stability of surrounding properties in the area. D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? With an approved conditional use permit for a care home in the General Commercial (C2) zone district, the proposed use will be in compliance with the applicable sections of Chapter 41 of the Santa Ana Municipal Code. Conditions of approval are imposed to ensure compliance with the State licensing requirement and to ensure that the proposed RCFE does not transition into an undesired or unintended use. EXHIBIT 7 Conditional Use Permit No. 2010-15 September 13, 2010 Page 2 of 2 E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed facility is located in the General Commercial (GC) general plan designation land use designation. The proposed use as conditioned will not adversely affect the General Plan as it will further the goals and policies of the plan and not obstruct their attainment. Specifically, it will further Goals 1, and Policies 1.5, 2.8 and 5.1 of the land use element and Policy HE-4.4 of the Housing Element The project site is not located within any specific plans. SEPTEMBER 13, 2010 PAGE 1 OF 3 Conditions for AmDroval Conditional Use Permit No. 2010-15 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 California Building Standards 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 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. Planninga Division 1. All proposed site improvements must conform to the Site Plan Review DP No. 2008- 47, except that Exhibits 4 and 6 of Conditional Use Permit No. 2010-15 shall replace the site plan and elevations of the Site Plan submittal. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The facility shall obtain and maintain a license by the State for a Residential Care Facility for the Elderly (RCFE). 4. The number of residents shall be limited to 147. 5. The facility shall provide at a minimum the following amenities as shown on page 3 and 4 of Exhibit 5: a. A fully furnished meeting room with a minimum capacity of 30 occupants. b. A business office equipped with computers with internet access, public telephone, fax and copier machines, and other incidental equipment necessary to support an office environment. C. A library furnished with tables, chairs and at least one computer. d. A fully furnished theater with a minimum capacity of 15 occupants. e. A fully furnished card/game room with a minimum capacity of 30 occupants. EXHIBIT 8 SEPTEMBER 13, 2010 PAGE 2OF3 f. A fully furnished and equipped arts and crafts room with a minimum capacity of 15 occupants. g. A fully furnished billiards/sports room with a minimum of two playing stations. h. A fully furnished dance studio with a minimum capacity of 15 occupants. i. A fully furnished worship area with a minimum capacity of 30 occupants. j. Private resident storage will be provided on the seventh and eighth floor. k. A common laundry facility with a minimum of eight washing machines and corresponding dryers and ironing/folding area. 1. Vehicular transportation with a minimum capacity of 20 passengers to provide free shuttle to the residents to destinations within 15 miles of the location. M. A fully equipped exercise room. n. A Therapy pool. o. A swimming pool with seating and shade. 6. Each amenity or service, including the shuttle service shall be available to the residents daily for a period of not less than 12 hours. Programmed activities shall be available to the residents daily for a period of not less than four hours. 7. An amenity plan showing the interiors and high quality and durable finishes, furnishing and proposed equipment shall be submitted to the Planning Division for review and approval. 8. No kitchen facilities or appliances shall be allowed in the resident rooms, as these are rooms in a care home environment and not residential units. 9. Residential units shall not be allowed on the site. 10. No banquet facilities as defined by SAW Section 41-25, medical marijuana dispensary as defined by Section 41-121 or massage establishment as defined by Section 41.1751.2 shall be allowed on the site. 11. The entry plazas shall be designed with shade trees, outdoor seating, decorative paving, landscape planters and a water feature. A plan shall be submitted to the Planning Division for review and approval. 75A-32 SEPTEMBER 13, 2010 PAGE 3 OF 3 12. The outdoor seating area adjacent to the restaurant shall be designed with shade trees, decorative paving, landscape planters and trellises. The landscape planter between the restaurant building and the street shall be fully landscaped. A plan showing durable and high quality materials shall be submitted to the Planning Division for review and approval. B. Police Department 1. The existing building and parking lot must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. Provide minimum 100 square inch windows in all doors leading into common areas such as laundry facilities, rec. rooms etc. 3. Provide minimum 12-inch shatterproof convex mirrors in all elevators. 4. State licensed uniformed security guards are required 24/7 at the staffing level of one guard in a fixed position on the first floor at a guard station. One guard is to conduct roving activities within the building. One guard is required to patrol the parking lot. 5. This conditional use permit shall be reviewed by the Police Department after six months and one year, and annually thereafter for modifications or violations of any of the conditions. 75A-33 75A-34 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ZONING THE PROPERTY LOCATED AT 1600 EAST FIRST STREET FROM SINGLE FAMILY RESIDENCE (R1) AND MULTIPLE-FAMILY RESIDENCE (R3) TO GENERAL COMMERCIAL (C-2) (AA NO. 2010-01) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. The Applicant is requesting adoption and approval of Amendment Application No. 2010-01 and Conditional Use Permit No. 2010-15 to allow an adult day care facility at 1600 East First Street. B. On September 13, 2010, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2010-01. 2. Adopt a resolution approving Conditional Use Permit No. 2010-15 as conditioned. C. On , 2010, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. D. Amendment Application No. 2010-01 has been filed with the City of Santa Ana to zone a portion of the property located at 1600 East First Street from Single Family Residence (R1) and Multiple-Family Residence (R3) to General Commercial (C-2). E. Amendment Application No. 2010-01 is consistent with the General Plan, including but not limited to its goals and policies: 1. Promote a balance of land uses to address basic community needs. Land Use Element Goal No. 1.0. 2. Maintain and foster a variety of residential land uses in the City. Land Use Element Policy 1.5. 3. Promote rehabilitation of commercial properties, and encourage 75A-35 increased levels of capital investment. Land Use Element Policy No. 2.8. 4. Promote development which has a net community benefit, and enhances quality of life. Land Use Element Policy No. 5.1. 5. Self Enriched Housing. Support efforts to increase the availability of supportive services and service-enriched housing for persons with special needs, such as seniors, disabled people, homeless people, families, and persons with medical conditions. Housing Element Policy HE-4.4. F. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the project at 1600 East First Street is consistent with the purpose of the general plan. G. The City Council also adopts as findings all facts presented in the Request for Council Action dated , 2010 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2010-01 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. H. Conditional Use Permit No. 2010-15 as conditioned came before the City Council on , 2010. This ordinance incorporates by reference, as though fully set forth herein, the Conditional Use Permit in support of this ordinance and the findings made herein. Section 2. The real property located at 1600 East First Street is hereby zoned from Single Family Residence (R1) and Multiple-Family Residence (R3) to General Commercial (C-2). (AA No. 2010-01) Amended Sectional District Map number - showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Council Action dated , 2010 and exhibits attached thereto and the public testimony written and oral, all of which are incorporated herein by this reference. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 75A-36 ADOPTED this day of , 2010. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: NOES: Councilmembers Councilmembers Miguel A. Pulido Mayor ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A-37 75A-38 ROH - 10/04/10 RESOLUTION NO. 2010-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2010-15 AS CONDITIONED TO ALLOW AN ADULT DAY CARE FACILITY AT 1600 EAST FIRST STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2010-15 to operate an adult day care facility in the General Commercial (C2) zoning district for the property located at 1600 East First Street. B. Santa Ana Municipal Code Section 41-199.2 allows adult day care facilities in the C2 zoning district subject to the issuance of a conditional use permit. C. Conditional Use Permit No. 2010-15 came before the City Council of the City of Santa Ana for a duly noticed public hearing on , 2010. D. The City Council determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established for Conditional Use Permit No. 2010-15 to allow an adult day care facility: 1. The proposed use will provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The proposed conversion of a 150-room hotel into a 128- room licensed Residential Care Facility for the Elderly (RCFE) will provide a facility that will contribute to the general well being of the community by providing living facilities to a segment of the population in need of supervision and care, but not medical care. While RCFEs are regulated by the California Department of Social Services, conditions have been placed on the operations that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the community and the surrounding neighborhoods. 2. 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? 75A-39 Resolution No. 2010-xx Page 1 of 4 The conditions of approval will require the facility compliance with State licensing requirements and will ensure the facility maintains a safe environment. The conditions of approval are imposed to mitigate any potential unforeseen impact that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The site as developed is suitable for the proposed use. The proposed use will not adversely affect the present economic stability or future economic development of the properties surrounding the area. Instead, the proposed use will create a positive economic impact by increasing the number of available jobs in the area and increasing the tax revenues which will protect property values within the community and will contribute to the economic stability of surrounding properties in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? With an approved conditional use permit for a care home in the General Commercial (C2) zone district, the proposed use will be in compliance with the applicable sections of Chapter 41 of the Santa Ana Municipal Code. Conditions of approval are imposed to ensure compliance with the State licensing requirement and to ensure that the proposed RCFE does not transition into an undesired or unintended use. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed facility is located in the General Commercial (GC) general plan designation land use designation. The proposed use as conditioned will not adversely affect the General Plan as it will further the goals and policies of the plan and not obstruct their attainment. Specifically, it will further Goals 1, and Policies 1.5, 2.8 and 5.1 of the land use element and Policy HE-4.4 of the Housing Element The project site is not located within any specific plans. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15332, class 32. This class 32 exemption allows infill development projects occurring on lots less than five acres, where the site has no value as a habitat for endangered species, is adequately served by all required utilities and public services, will not result in any significant effects relating to traffic, 75A-40 Resolution No. 2010-xx Page 2 of 4 noise, air and water quality and is consistent with the applicable general plan, zoning and other policies. Categorical Exemption Environmental Review No. 2008-140 will be filed for this project. Section 3. The City Council of the City of Santa Ana hereby, approves Conditional Use Permit No. 2010-15 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this day of , 2010 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan O. Hodge Assistant City Attorney 75A-41 Resolution No. 2010-xx Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the City Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the City Council City of Santa Ana 75A-42 Resolution No. 2010-xx Page 4 of 4 Conditions for Approval for Conditional Use Permit No 2010-15 Conditional Use Permit No. 2010-15 is approved subject to compliance, to the reasonable satisfaction of the City Council, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards 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 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. All proposed site improvements must conform to the Site Plan Review DP No. 2008- 47, except that Exhibits 4 and 6 of Conditional Use Permit No. 2010-15 shall replace the site plan and elevations of the Site Plan submittal. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The facility shall obtain and maintain a license by the State for a Residential Care Facility for the Elderly (RCFE). 4. The number of residents shall be limited to 147. 5. The facility shall provide at a minimum the following amenities as shown on page 3 and 4 of Exhibit 5: a. A fully furnished meeting room with a minimum capacity of 30 occupants. b. A business office equipped with computers with internet access, public telephone, fax and copier machines, and other incidental equipment necessary to support an office environment. C. A library furnished with tables, chairs and at least one computer. d. A fully furnished theater with a minimum capacity of 15 occupants. e. A fully furnished card/game room with a minimum capacity of 30 occupants. Exhibit "A" Resolution No. 2010-xx Page 5 of 4 75A-43 September 13, 2010 PAGE 2OF3 A fully furnished and equipped arts and crafts room with a minimum capacity of 15 occupants. g. A fully furnished billiards/sports room with a minimum of two playing stations. h. A fully furnished dance studio with a minimum capacity of 15 occupants. A fully furnished worship area with a minimum capacity of 30 occupants. Private resident storage will be provided on the seventh and eighth floor. k. A common laundry facility with a minimum of eight washing machines and corresponding dryers and ironing/folding area. Vehicular transportation with a minimum capacity of 20 passengers to provide free shuttle to the residents to destinations within 15 miles of the location. M. A fully equipped exercise room. n. A Therapy pool. o. A swimming pool with seating and shade. 6. Each amenity or service, including the shuttle service shall be available to the residents daily for a period of not less than 12 hours. Programmed activities shall be available to the residents daily for a period of not less than four hours. 7. An amenity plan showing the interiors and high quality and durable finishes, furnishing and proposed equipment shall be submitted to the Planning Division for review and approval. 8. No kitchen facilities or appliances shall be allowed in the resident rooms, as these are rooms in a care home environment and not residential units. 9. Residential units shall not be allowed on the site. 75A-44 September 13, 2010 PAGE 3OF3 10. No banquet facilities as defined by SAMC Section 41-25, medical marijuana dispensary as defined by Section 41-121 or massage establishment as defined by Section 41.1751.2 shall be allowed on the site. 11. The entry plazas shall be designed with shade trees, outdoor seating, decorative paving, landscape planters and a water feature. A plan shall be submitted to the Planning Division for review and approval. 12. The outdoor seating area adjacent to the restaurant shall be designed with shade trees, decorative paving, landscape planters and trellises. The landscape planter between the restaurant building and the street shall be fully landscaped. A plan showing durable and high quality materials shall be submitted to the Planning Division for review and approval. 13. Prior to issuance landscape plan (Recommended 2010). B. Police Department of a building permit, the applicant shall submit a final to the Planning Commission for review and approval by the Planning Commission on September 13, The existing building and parking lot must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. Provide minimum 100 square inch windows in all doors leading into common areas such as laundry facilities, rec. rooms etc. 3. Provide minimum 12-inch shatterproof convex mirrors in all elevators. 4. State licensed uniformed security guards are required 24/7 at the staffing level of one guard in a fixed position on the first floor at a guard station. One guard is to conduct roving activities within the building. One guard is required to patrol the parking lot. 5. This conditional use permit shall be reviewed by the Police Department after six months and one year, and annually thereafter for modifications or violations of any of the conditions. 75A-45 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd, Santa Ana, California 92702. I served the foregoing document described as: in this action by placing a true copy thereof enc ose in sea a envelopes addressed as follows: [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARIA D. HUIZAR 75A-46