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HomeMy WebLinkAbout2011-006 - Care Home for the Elderly at 1600 East First StreetROH - 03/07/11 RESOLUTION NO. 2011-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2010-15 AS CONDITIONED TO ALLOW A CARE HOME FOR THE ELDERLY 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 a care home for the elderly in the General Commercial (C2) zoning district for the property located at 1600 East First Street. B. Santa Ana Municipal Code Section 41-377.5 allows care homes for the elderly 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 October 4, 2010. At that time, the City Council continued the matter for another duly noticed public hearing on December 6, 2010. At that time, the City Council continued the matter for another duly noticed public hearing on February 7, 2011. At that time, the City Council continued the matter for another duly noticed public hearing on February 22, 2011. 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 a care home for the elderly: 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 Resolution No. 2011-006 Page 1 of 9 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? 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. Resolution No. 2011-006 Page 2 of 9 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, 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 7th day of March, 2011 by the following vote: YES: Councilmembers: Alvarez, Benavides, Bustamante, Martinez, Pulido Tinajero, Sarmiento (7) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None (0) Miguel AkPulido Mayor APPROVED AS TO FORM: Joseph Straka, City Attorney i By: 1 Ryan ' odg Assista City orney r Resolution No. 2011-006 Page 3 of 9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the City Council, do hereby attest to and certify the attached Resolution No. 2011-006 to be the original resolution adopted by the City Council of the City of Santa Ana on March 7, 2011. Date: Clerk of the City Council City of Santa Ana Resolution No. 2011-006 Page 4 of 9 EXHIBIT A 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. Resolution No. 2011-006 Page 5 of 9 e. A fully furnished card/game room with a minimum capacity of 30 occupants. 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. Resolution No. 2011-006 Page 6 of 9 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 of a building permit, the applicant shall submit a final landscape plan to the Planning Commission for review and approval (Recommended by the Planning Commission on September 13, 2010). 14. In order to develop the entry plaza as shown on pages 3 and 5 of Exhibit 6, the Fire Department connections, double check valves and any other appurtenances located within the entry plaza shall be relocated as needed. (Recommended by the City Council on February 22, 2011). 15. The parking lot shall be fully repaired, including but not limited to the repair of the asphalt base prior to re-striping. (Recommended by the City Council on February 22, 2011). 16. The wood fence located on the east property line and the chain link fence located on the south property line shall be replaced with wrought iron or decorative masonry. (Recommended by the City Council on February 22, 2011). 17. All wrought iron fencing on the site, including but not limited that around the pool area, shall be replaced with new wrought iron to match the new proposed fencing. (Recommended by the City Council on February 22, 2011). 18. Trash enclosure gates shall be replaced with new metal gates. (Recommended by the City Council on February 22, 2011). Resolution No. 2011-006 Page 7 of 9 19. All existing signage on the site, including convenience and directional signs, shall be removed. New signage shall comply with SAMC. (Recommended by the City Council on February 22, 2011). 20. All guardrails on the tower building shall be replaced with new guardrails to complement the new storefront. (Recommended by the City Council on February 22, 2011). 21. All glazing, mullions and storefront on the restaurant shall be replaced with glazing, mullions and storefront to match the new storefront on the tower. (Recommended by the City Council on February 22, 2011). 22. The three restaurant entries shall be designed with arches clad in tile or durable weather resistant natural wood. (Recommended by the City Council on February 22, 2011). 23. All exterior doors located on the first floor, including but not limited to service doors for the tower and restaurant, shall be replaced with new metal doors. (Recommended by the City Council on February 22, 2011). 24. Exterior materials, colors and finishes shall be subject to approval by the Planning Division. (Recommended by the City Council on February 22, 2011). 25. All roof mounted mechanical equipment shall be screened by a solid screen designed to be compatible with the building architecture. All other mechanical equipment and other site appurtenances shall be screened with landscape. (Recommended by the City Council on February 22, 2011). 26. All exterior exposed conduits on the restaurant and tower building shall be removed and re-routed to the interior of the building. (Recommended by the City Council on February 22, 2011). 27. All exterior building lighting fixtures shall be replaced with fixtures of like design to the building architecture. (Recommended by the City Council on February 22, 2011). 28. The satellite dish, and all mechanical equipment and other site appurtenances not in use shall be removed. (Recommended by the City Council on February 22, 2011). Resolution No. 2011-006 Page 8 of 9 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. Resolution No. 2011-006 Page 9 of 9