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HomeMy WebLinkAboutRESO 2019-28_1800 N BUSH STREET (CUP)LS 6.24.19 RESOLUTION NO. 2019-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-19 AS CONDITIONED TO ALLOW AN ADULT DAY CARE FACILITY AT 1800 NORTH BUSH 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. Gina Beshai, representing DNJ Properties, LLC ("Applicant'), is requesting approval of Conditional Use Permit No. 2019-19 to allow an adult day care facility in the Professional zoning district at 1800 North Bush Street. B. Santa Ana Municipal Code (SAMC) Section 41-313.5(k) requires approval of a conditional use permit for adult day care facilities. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project as set forth by the Santa Ana Municipal Code. D. On June 24, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-19. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-19, for an adult day care, have been established as required by SAMC Section 41- 638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed adult day care will provide a service to persons and families that are working or residing in the area. The project will provide a service that is only offered by three other facilities in the City. The facility will obtain a license from the California Department of Aging Community -Based Adult Services which has a screening and vetting process. The facility will provide a benefit to the community by providing Resolution No. 2019-28 Page 1 of 8 needed services for seniors. Programs and services provided include limited -medical, rehabilitative and social services. The facility is designed to help maintain self-sufficiency and prevent placement in a nursing home, long-term care facility or similar institution. 2. That the proposed use will not, 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 proposed adult day care will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The adult care facility will be operated within an existing building and the use is compatible with the nearby professional office, commercial and residential uses. Noise impacts are not anticipated from the project. A loading and unloading zone is provided to accommodate the participants that will be transported to the facility. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The adult day care will not adversely affect the economic stability or future economic development of properties in the surrounding area. The building is primarily vacant and the adult day care will re-establish use of the property. The project will provide a community service for adults and elderly and will provide temporary and permanent jobs. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41, including building height and landscaping. The Professional zoning district allows for adult day care uses subject to a conditional use permit. The adult day care use is similar in nature to other uses that are permitted within the Professional zoning district such as a medical office and other conditionally permitted uses such as convalescent hospitals, nursing homes and extended care facilities. The front yard setback is existing non -conforming. A condition of approval has been added to require a property maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. Resolution No. 2019-28 Page 2 of 8 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The adult day care facility will not adversely affect the General Plan. The project is located within the District Center (DC) General Plan land use designation which serves as an anchor to the City's commercial corridors and accommodates major development activity. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Public Facilities Element. For example, Land Use Element Goal 1 to promote a balance of land uses to address basic community needs. The adult day care is located within a Professional zoning district. Policy 2.9, supports developments that create a business environment that is safe and attractive. The conditions of approval requiring the Applicant to paint the building, install new landscaping and execute a property maintenance agreement will maintain a safe and attractive environment for the community. Public Facilities Element Goal 1 to provide sufficient public, cultural, recreational, educational, social service and related facilities to meet the community's needs. The adult day care will provide a social service to families of the City's residents and workers. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15301 of the Guidelines for the California Environmental Quality Act. The Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The existing 10,800-square foot building is within the Professional zone which allows for professional office uses. The proposed adult day care and office uses do not involve an expansion in use. As a result, Categorical 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 Resolution No. 2019-28 Page 3 of 8 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, which approval will not be unreasonably withheld, 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 Conditional Use Permit No. 2019-19, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 1800 North Bush Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated June 24, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 24th day of June, 2019. AYES: Commissioners: Benavides, Contreras -Leo, McLoughlin, Nguyen, Rivera (5) NOES: Commissioners: None ABSENT: Commissioners: Alderete, Cano (2) ABSTENTIONS: Commissioners: None Marl c oughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney Resolution No. 2019-28 Page 4 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-28 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 24, 2019. Date: U I f ! 1,1 c7,G4191 `-' �C,� Recording Secretary City of Santa Ana Resolution No. 2019-28 Page 5 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-19 Conditional Use Permit No. 2019-19 for an adult day care 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 California Building Standards Code, and all other applicable regulations. In addition, the following conditions of approval shall be met: The Applicant must comply with each and every condition listed below Prior to exercising the rights conferred by this conditional use permit. I. 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. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2017- 15) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The operation of the adult day care is subject to Variance No. 2019-02, as conditioned. 4. The adult day care is limited to the first floor (6,948 square feet) with a maximum of 4,280 square feet of activity/assembly area. 5. For the adult day care: The maximum number of participants on -site during business hours is forty (40) participants. The maximum number of staff/employees on -site during business hours is eight (8) staff/employees. 6. Prior to the issuance of building permits, the Applicant shall submit a Parking Management Plan subject to the satisfaction of the Planning Manager. This plan shall include signage, vehicle parking stickers, parking assignments, and/or staff information. 7. For the adult day care: The operator shall utilize a non -medical transportation service for drop-off and pick-up. Prior to the issuance of a certificate of occupancy, the Applicant shall submit documentation demonstrating use of a contracted non -medical transportation service. 8. For the adult day care: The operator shall implement a drop-off and pick-up plan for the peak hours of 7:30 to 9:00 a.m. and 4:30 to 6:00 p.m. Prior to the issuance of a certificate of occupancy, the Applicant shall submit a drop-off and pick-up management plan. Resolution No. 2019-28 Page 6 of 8 9. Prior to the issuance of a certificate of occupancy, the Applicant shall install parking lot signage and paint the parking lot stalls to clearly distinguish parking spaces designated for each use on the site (office, adult day care staff, loading zone for transportation vehicles for drop-off and pick-up, and adult day care family drop-off and pick-up). 10. Prior to the issuance of a certificate of occupancy, the exterior of the building shall be painted. The stucco and wood shall be repaired as needed. 11. Prior to the issuance of a building permit, a landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall conform to the professional district landscape standards, Citywide Design Guidelines and the City's Water Efficient Landscape Ordinance. 12. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The 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, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a Maintenance Agreement with the City of Santa Ana which shall be recorded against the property 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 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 Resolution No. 2019-28 Page 7 of 8 fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer 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 Maintenance Agreement and both shall be jointly and severally liable for 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 Property Maintenance Agreement. s(g) The Property Maintenance Agreement shall contain provisions relating to the (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. (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. Resolution No. 2019-28 Page 8 of 8