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Koo - 12/3/03
RESOLUTION NO. 2003-47
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2003-32 FOR AN ADULT DAY CARE AS
CONDITIONED FOR THE PROPERTY LOCATED AT 1920
EAST DEERE AVENUE
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. 2003-32 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
November 24, 2003.
B. The applicant is requesting approval of Conditional Use Permit No. 2003-
32 for an adult day care for the property located at 1920 East Deere
Avenue.
• 1. Santa Ana Municipal Code Section 41-377.5 (a) of the Santa Ana
Municipal Code allows adult day care facilities subject to the
issuance of a conditional use permit.
2. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
i. The proposed use will provide a service or facility, which will
contribute to the general well being of the neighborhood or
the community.
The Adult Day Health Care use will provide a benefit
to the community by providing needed services to
seniors who are recovering from a disability.
Programs provide limited medical, rehabilitative and
social services to elderly persons and other adults
with functional physical or mental impairments. They
are designed to rehabilitate and help adults be self-
sufficient after a disability and to delay or prevent
placement into nursing homes, long term care
facilities or similar institutions. Helping clients
maintain a safe and independent lifestyle .will
contribute to the general well being of the community.
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Resolution No. 2003-47
Page 1 of 4
ii. 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 Adult Day Health Care use is a conditionally
permitted use in the Professional zoning district and
will take place within an existing building on the
project site. The project .has been conditioned to
provide a loading and unloading area to
accommodate the majority of clients that will be
transported to and from the facility. The loading zone
is located behind the facility so that the loading
function can take place outside of main drive aisles so
that circulation on the project site is not affected.
There are no residential uses within the immediate
vicinity. The facility does not use hazardous materials
and will not be detrimental to the health, safety or
general well being of persons working in the area.
iii. Will the .proposed use adversely affect the present
economic stability or future economic development of
properties surrounding the area?
The project will help the stability and future economic
. development of the area by keeping a building leased
with a long-term tenant that provides services to
seniors so that they can lead an independent lifestyle
and avoid being placed prematurely in nursing homes
or long term care facilities.
iv. Will the proposed use comply with the regulations and
conditions specified in Chapter 41 for such use?
The project will comply with all applicable city codes
and standards pertaining to the Adult Day Health
Care use. In addition, there are no code enforcement
violations on the subject site at the time of this report.
v. Will the proposed use adversely affect the General Plan or
any specific plan of the City?
The operation of an Adult Day Health Care facility
within an existing building on the project site will have
no affect on the City's General Plan. Adult Day
Health Care use is permitted within the Professional
and Administrative Office (PAO) General Plan
designation and are allowed with a conditional use
permit in the Professional (P) zoning district. There
• are no specific plans in the immediate area.
Resolution No. 2003-47
Page 2 of 4
• Section 2. The Planning Commission has reviewed and considered the
information contained in the initial study and the mitigated negative declaration and
mitigation monitoring program prepared with respect to this Project. As a result of this
consideration and the evidence presented at the hearing on this matter, the Planning
Commission has determined that, as required pursuant to the California Environmental
Quality Act ("CEQA") and the State CEQA Guidelines, a mitigated negative declaration
and mitigation monitoring program adequately addresses the expected environmental
impacts of this Project. On the basis of this review, the Planning Commission finds that
there is no evidence from which it can be fairly argued that the Project will have a
significant adverse effect on the environment. The Planning Commission hereby certifies
and approves the mitigated negative declaration and mitigation monitoring program and
directs that the Notice of Determination be prepared and filed with the County Clerk of the
County of Orange in the manner required by law.
Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the
Planning Commission has determined that, after considering the record as a whole, there
is no evidence that the proposed project will have the potential for any adverse effect on
wildlife resources or the ecological habitat upon which wildlife resources depend. The
proposed project exists in an urban environment characterized by paved concrete,
roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and
Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game
Department filing fees is not required in conjunction with this project.
Section 3. The Planning Commission of the City of Santa Ana hereby,
• approves Conditional Use Permit No. 2003-32 as conditioned in Exhibit "A" attached
hereto and incorporated herein.
ADOPTED this 24th day of November, 2003 by the following vote:
AYES: Commissioners: De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Cribb (1)
ABSTENTIONS: Commissioners: None (0)
Chairperson
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Resolution No. 2003-47
Page 3 of 4
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Q o
Deputy Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ROSA BARELA, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2003-47 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on November 24, 2003.
~ ,
Date: ~~~'/~-~ ~~ ~- ~ ` ~_
Recording Secretary
City of Santa Ana
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Resolution No. 2003-47
Page 4 of 4
Conditions for Approval for Conditional Use Permit No 2003-32
Conditional Use Permit No. 2003-32 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with 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. In addition, it shall meet the following
conditions of approval:
The applicant must comply in full with each and every condition listed below rip or 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. Plannin4 Division
Comply with Development Review Committee comments dated July 31,
2003 for Site Plan Review DP No. 032-23.
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. A 10-foot by 25-foot loading area shall be maintained behind the structure,
outside of travel aisles, to accommodate the loading and unloading of
clients shuttled to the facility.
Police Department
The existing building and parking lot within 60 feet of the building 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.
•
Exhibit A