HomeMy WebLinkAbout20141208_Reso2014-47_325-403NSusanROH — 12/08/14
RESOLUTION NO. 2014 -47
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2014 -49 AS CONDITIONED TO
EXPAND AN EXISTING CARE HOME FACILITY,
VARIANCE NO. 2014 -07 AS CONDITIONED TO ALLOW A
REDUCTION IN BUILDING SETBACKS, AND VARIANCE
NO. 2014 -08 AS CONDITIONED TO ALLOW A SIX FOOT
HIGH FRONT YARD FENCE FOR THE PROPERTY
LOCATED AT 325 THROUGH 403 NORTH SUSAN
STREET
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. Applicant is requesting approval of Conditional Use Permit No. 2014 -49 to
expand an existing care home facility, Variance No. 2014 -07 to allow a
reduction in building setbacks, and Variance No. 2014 -08 to allow a six
foot high front yard fence at 325 through 403 North Susan Street.
B. Conditional Use Permit No. 2014 -49, Variance No. 2014 -07, and Variance
No. 2014 -08 came before the Planning Commission of the City of Santa
Ana for a duly noticed public hearing on December 8, 2014, to consider all
testimony, written and oral.
C. Conditional Use Permit No. 2014 -49 has been filed with the City of Santa
Ana seeking to allow the expansion of an existing care home facility
1. Section 41- 247.5(b) of the Santa Ana Municipal Code requires a
conditional use permit for care homes in the R2 district.
2. This site contains seven buildings: five residential structures, an
administrative office, and meeting room functions. A conditional use
permit is needed to expand the existing John Henry Foundation care
facility to incorporate two existing residential structures to the south.
3. Santa Ana Municipal Code Section 41 -638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
Resolution No. 2014 -47
Page 1 of 12
The proposed use will provide a service or facility, which will
contribute to the general well being of the neighborhood or the
community.
The project will provide a service or facility which will
contribute to the community. Expanding the current
care home will provide additional housing and support
services for those in need in the community. As part of
the expansion, the site will be improved with additional
open space, decorative wrought iron fencing and other
aesthetic improvements to create a pleasant
environment for the care home residents as well as the
surrounding neighborhood. Further, the care home will
provide a safe and nurturing environment for people
living with schizophrenia spectrum disorders; that
might otherwise be without housing and key support
services.
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 expansion of the care home and support services
to serve 12 additional residents will not be detrimental
to persons residing or working in the area as the facility
is located within an area of the City that is
predominantly residential in nature. The John Henry
Foundation care home provides services to care for
some of the most vulnerable members of society, in a
well maintained and supportive environment. Finally,
the project design and ongoing site management will
mitigate any negative or adverse impacts created by
the use that could otherwise affect the health, safety,
or general welfare of the surrounding neighborhood
and businesses.
Will the proposed use adversely affect the present economic
stability or future economic development of properties
surrounding the area?
The proposed use will not adversely affect the
economic stability of the area, but instead will provide a
well maintained and operated service to the
community. The expanded care home would include
improvement to the property and streetscape including
new decorative fencing, additional landscaping, and
architectural enhancements. In addition, a number of
Resolution No. 2014 -47
Page 2 of 12
the care home residents attend local colleges and
volunteer at a number of community locations
contributing the overall community. The use of the site
as a secured care home, in conjunction with the
improvements that will be made to the site, will
enhance the economic viability of the area.
iv. Will the proposed use comply with the regulations and
conditions specified in Chapter 41 for such use?
The use will be in compliance with all regulations and
provisions of Chapter 41 (Zoning Code) of the Santa
Ana Municipal Code. Site improvements are proposed
to the parking and on -site circulation that will bring the
site into compliance with the Zoning Code. The
remaining items that are not in compliance with the
Zoning Code are intended to be addressed by the
requested variances for setbacks, building separation,
and front yard fence.
V. Will the proposed use adversely affect the General Plan or
any specific plan of the City?
The proposed use will not adversely affect the General
Plan, but rather support its goals. Goal 1 of the Land
use Element encourages uses that promote a balance
of land uses that address basic community needs.
Goal 2 encourages uses that enhance the City's
economic and fiscal viability. The care home
expansion will further these goals as the care home
expansion includes physical improvements to enhance
the property, thereby contributing to the overall integrity
of the neighborhood. Housing Element Goal 2 seeks
to provide a diversity of quality housing, affordability
levels, and living experiences that accommodate Santa
Ana's residents and workforce of all household types,
income levels, and age groups to foster an inclusive
community. Goal 4 seeks adequate housing
opportunities and support services for people with
disabilities, and people needing emergency,
transitional or supportive housing.
D. Variance No. 2014 -07 has been filed with the City of Santa Ana seeking to
allow: (a) a reduction in front yard setbacks for 325 and 403 North Susan
Street; (b) a reduction in rear yard setbacks for 325 and 403 North Susan
Street; and, (c) a reduction in building separation setbacks for 325 and 403
North Susan Street.
Resolution No. 2014 -47
Page 3 of 12
1. Section 41 -249 of the Santa Ana Municipal Code requires a twenty
(20) foot front yard setback; section 41 -251 of the Santa Ana
Municipal Code requires a fifteen (15) foot rear yard setback; and,
section 41 -254 of the Santa Ana Municipal Code requires a fifteen
(15) foot separation between primary structures.
2. Approval of the variance will recognize the location of the existing
buildings and allow the existing 17 feet, 6 inch to 19 feet, 6 inch front
yard setbacks to remain. In addition, relief is requested from the 15
feet rear yard setback to allow a rear yard setback of 10 feet for
Building 5, as well as relief from the 15 feet separation requirement
between Building 1 and 8, which is only 10 feet.
3. Santa Ana Municipal Code Section 41 -638 authorizes the Planning
Commission to grant a variance upon making certain findings.
i. 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
provisions of this Chapter.
The project site has a special circumstance related to
its size, shape and location. The property is located
just north of First Street on Susan Street and is bound
by existing development. The existing structures on
the subject lot were originally constructed prior to 1970
in their existing locations, thus creating challenges in
reconfiguring the site for expansion. The overall
project site will be upgraded to comply with the
Citywide Design Guidelines and will comply with the
development standards set forth in Chapter 41 of the
Santa Ana Municipal Code including parking, trash
enclosure, and open space.
ii. That the granting of a variance is necessary for the
preservation and enjoyment of one or more substantial
property rights.
The granting of the variance is necessary for the
preservation and enjoyment of substantial property
rights. Allowing a reduction in the front and rear yard
setbacks as well as the building separation standard
will accommodate the placement of the existing
buildings and will allow the owner the ability to develop
the property with a care home facility that is compatible
Resolution No. 2014 -47
Page 4 of 12
with the Two - Family Residence (R2) zoning district.
Compliance with the setback standards would result in
portions of the existing structures to be demolished,
which would reduce the feasibility of the proposed
expanded care home and impact the property rights of
the owner.
iii. That the granting of a variance will not be materially
detrimental to the public welfare or injurious to surrounding
property.
The granting of the variance will not be materially
detrimental to the public or surrounding properties as
the buildings and site have been designed to comply
with all applicable development standards except for
the front yard, side yard setbacks and building
separation standard. The expanded office building, to
be built in the center of the campus, along with the
related site improvements and landscaping, will
enhance this property as well as the surrounding
properties. The rehabilitation of the two residential
structures at 325 Susan Street, by reintroducing
Craftsman architectural features such as decorative
porch piers, wood window trim and wood siding
accents at the eaves, will enrich the street elevation
and ensure the project is architecturally compatible
with the adjacent neighborhood.
iv. That the granting of a variance will not adversely affect the
General Plan of the City.
Finally, the project will not adversely affect the general
plan as care facilities are a compatible use in the Low
Density Residential General Plan land use designation.
In addition, the project is consistent with several goals
and policies of the General Plan. Specifically, Land
Use Element Policy 2.10 supports new development
which is harmonious in scale and character with the
existing development and Policy 3.5 encourages new
development that is compatible in scale, and consistent
with the architectural style and character of the
neighborhood. The existing care facility, in conjunction
with the improvements to be made to the site, will be in
scale and compatible with the development pattern of
the neighborhood. Housing Element Goal 2 seeks to
provide a diversity of quality housing, affordability
levels, and living experiences that accommodate Santa
Resolution No. 2014 -47
Page 5 of 12
E.
Ana's residents and workforce of all household types,
income levels, and age groups to foster an inclusive
community. The John Henry Foundation currently
provides housing and support services for special
needs and the developmental disabled population.
The proposed project will allow the Foundation to
expand upon the services they provide.
Variance No. 2014 -08 has been filed with the City of Santa Ana seeking to
allow an increase in the front yard fence height.
1. Section 41- 610(a)(1) of the Santa Ana Municipal Code limits front
yard fences in the R2 district to three (3) feet in height.
2. The applicant is requesting a variance to allow a six (6) foot high
decorative wrought iron fence and entry gates along Susan Street.
The applicant contends that the increased fence height will allow the
John Henry Foundation to provide a more secure environment for
their special needs and developmentally disabled residents.
3. Santa Ana Municipal Code Section 41 -638 authorizes the Planning
Commission to grant a variance upon making certain findings.
i. 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 chapter.
The project site has a special circumstance related to
its size, shape, location and surroundings. The
property is located on Susan Street between First and
Fifth Streets and is primarily surrounded by lower
density residential development. The increase in the
height of the fence is needed in order to allow the
property owner the ability to use the facility to its
maximum potential and ensure the privacy and safety
of its residents.
ii. That the granting of a variance is necessary for the
preservation and enjoyment of one or more substantial
property rights.
The granting of the variance is necessary for the
preservation and enjoyment of substantial property
rights. Allowing relief from the maximum three -foot
high front yard fence requirement will allow the owner
Resolution No. 2014 -47
Page 6 of 12
the ability to develop the property with a care home
facility that provides a secure environment and is
compatible with the Two - Family Residence (R2)
zoning district. Without the proposed six -foot high
wrought iron fence, the care home operation and site
security would be compromised, which impacts the
property rights of the owner.
iii. That the granting of a variance will not be materially
detrimental to the public welfare or injurious to surrounding
property.
The granting of the variance will not be materially
detrimental to the public or surrounding properties as
the building and site have been designed to comply
with the majority of the applicable development
standards. The applicant is proposing to replace an
existing six -foot high chain link fence with a six -foot
high decorative wrought iron fence and gate with a
landscape buffer along Susan Street to enrich the
streetscape and pedestrian walking experience.
iv. That the granting of a variance will not adversely affect the
General Plan of the City.
The project will not adversely affect the general plan
as care facilities and ancillary fencing are a
compatible use in the Low Density Residential
General Plan land use designation. In addition, the
project is consistent with several goals and policies of
the General Plan. Specifically, Land Use Element
Policy 2.10 supports new development which is
harmonious in scale and character with the existing
development and Policy 3.5 encourages new
development that is compatible in scale, and
consistent with the architectural style and character of
the neighborhood. The proposed fencing for the
existing care facility, in conjunction with the
improvements to be made to the site, will be in scale
and compatible with the development pattern of the
neighborhood.
F. In accordance with the California Environmental Quality Act, the proposed
project is exempt from further review pursuant to Section 15301 and
Section 15332. These exemptions allow a project that includes the
rehabilitation and limited expansion of an existing structure as well as infill
development on a project site that is no more than five acres in size, is
Resolution No. 2014 -47
Page 7 of 12
surrounded by urban uses, and is consistent with goals and policies of the
City's General Plan. Categorical Exemption Environmental Review No.
2013 -29 will be filed for this project.
Section 2. The Planning Commission, after conducting the public hearing, hereby
approves: Conditional Use Permit No. 2014 -49, as conditioned in Exhibit "A" attached
hereto and incorporated herein, to allow the expansion of a care home facility at 325
through 403 North Susan Street; Variance No. 2014 -07, as conditioned in Exhibit "B"
attached hereto and incorporated herein, to allow: (a) a reduction in front yard setbacks
for 325 and 403 North Susan Street; (b) a reduction in rear yard setbacks for 325 and
403 North Susan Street; and, (c) a reduction in building separation setbacks for 325 and
403 North Susan Street; and, Variance No. 2014 -08, as conditioned in Exhibit "C"
attached hereto and incorporated herein, to allow an increase in the front yard fence
height at 325 and 403 North Susan Street. These decisions are based upon the
evidence submitted at the above said hearing, which includes, but is not limited to: the
Request for Planning Commission Action dated December 8, 2014, and exhibits
attached thereto; and the public testimony, all of which are incorporated herein by this
reference.
ADOPTED this 8th day of December, 2014.
AYES: Commissioners: Alderete, Bacerra,
Yrarrazaval (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Rye
As:
Bauer, Gartner, Mill, Nalle,
Chairman
Resolution No. 2014 -47
Page 8 of 12
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify
the attached Resolution No. 2014 -47 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on December 8, 2014.
Date:
am &MZ21v-
Planning Commission Secretary
City of Santa Ana
Resolution No. 2014 -47
Page 9 of 12
Conditions for Approval for Conditional Use Permit No. 2014 -49
Should the Planning Commission approve Conditional Use Permit No. 2014 -49, the
approval is 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 rip or to
exercising the rights conferred by this variance.
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 variance.
A. Planning Division
1. All proposed improvements must conform to the Site Plan Review
approval of DP No. 2013 -04 and the staff report exhibits.
2. Any amendment to this variance must be submitted to the Planning
Division for review. At that time, staff will determine if administrative relief
is available or the variance must be amended.
3. Landscaping, once installed, shall be maintained per the approved
landscape plan. After project occupancy, landscaping is to be maintained
to include the minimum level of plant materials installed at the time of
occupancy and per the approved plan.
4. The temporary modular structure on the site is to be removed and
replaced with a permanent structure, within one year of the conditional use
permit approvals.
5. Provide the Planning Division a recorded copy of Lot Merger to
consolidate the two existing properties into one.
6. Provide an operation and management plan describing on -site security
and good neighbor communication practices, to be approved by the
Planning Manager prior to issuance of building permit.
B. Orange County Fire Authority
1. The applicant shall comply with all provision from the Orange County Fire
Authority for care facility uses.
Resolution No. 2014 -47
Page 10 of 12
Conditions for Approval for Variance No. 2014 -07
Should the Planning Commission approve Variance No. 2014 -07, the approval is 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 variance.
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 variance.
A. Planning Division
1. All proposed improvements must conform to the Site Plan Review approval
of DP No. 2013 -04 and the staff report exhibits.
2. Any amendment to this variance must be submitted to the Planning Division
for review. At that time, staff will determine if administrative relief is
available or the variance must be amended.
3. Landscaping, once installed, shall be maintained per the approved
landscape plan. After project occupancy, landscaping is to be maintained
to include the minimum level of plant materials installed at the time of
occupancy and per the approved plan.
4. The temporary modular structure on the site is to be removed and replaced
with a permanent structure, within one year of the conditional use permit
approvals.
5. Provide the Planning Division a recorded copy of Lot Merger to consolidate
the two existing properties into one.
6. Provide an operation and management plan describing on -site security and
good neighbor communication practices, to be approved by the Planning
Manager prior to issuance of building permit.
B. Orange County Fire Authority
1. The applicant shall comply with all provision from the Orange County Fire
Authority for care facility uses.
Resolution No. 2014 -47
Page 11 of 12
Conditions for Approval for Variance No. 2014 -08
Should the Planning Commission approve Variance No. 2014 -08, the approval is 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 rip or to
exercising the rights conferred by this variance.
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 variance.
A. Planning Division
1. All proposed improvements must conform to the Site Plan Review approval
of DP No. 2013 -04 and the staff report exhibits.
2. Any amendment to this variance must be submitted to the Planning Division
for review. At that time, staff will determine if administrative relief is
available or the variance must be amended.
3. Landscaping, once installed, shall be maintained per the approved
landscape plan. After project occupancy, landscaping is to be maintained
to include the minimum level of plant materials installed at the time of
occupancy and per the approved plan.
4. The temporary modular structure on the site is to be removed and replaced
with a permanent structure, within one year of the conditional use permit
approvals.
5. Provide the Planning Division a recorded copy of Lot Merger to consolidate
the two existing properties into one.
6. Provide an operation and management plan describing on -site security and
good neighbor communication practices, to be approved by the Planning
Manager prior to issuance of building permit.
B. Orange County Fire Authority
1. The applicant shall comply with all provision from the Orange County Fire
Authority for care facility uses.
Resolution No. 2014 -47
Page 12 of 12