HomeMy WebLinkAbout83-101RJW/fm
8/8/83
RESOLUTION NO. 83- 101
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA OVERRULING THE
ACTION OF THE PLANNING COMMISSION
DENYING VARIANCE APPLICATION NO.
80-58, APPROVING SAID VARIANCE,
GRANTING APPEAL NO. 427, AND RE-
SCINDING RESOLUTION NO. 81-3, ADOPTED
ON JANUARY 5, 1981
WHEREAS, a public hearing was duly held before the
City Council of the City of Santa Ana on December 15, 1980,
on Appeal No. 427 filed by Missionaries at Home, Inc., from
a decision of the Planning Commission in denying Variance
Application No. 80-58, which application sought to waive a
portion of the yard and parking requirements for the develop-
ment of the Orange County Rescue Center at 120 South Daisy
Street in the Ml District; and
WHEREAS, prior to taking action on said Variance
application, this Council has reviewed and considered the
Negative Declaration for the project, including Initial
Study No. IS 80-212; and
WHEREAS, by a 4-3 vote, said Council, after con-
cluding its public hearing, granted Appeal No. 427, and
approved issuance of a Variance to Missionaries at Home,
Inc., and requested that the City Attorney's Office prepare
an appropriate resolution and submit the same to the Council
for approval; and
WHEREAS, on January 5, 1981, the Council formally
adopted, by a 4-3 vote, Resolution No. 81-3, and, by said
resolution, granted a.Variance to Missionaries at Home,
Inc.; and
WHEREAS, Messrs. Albert Gipson and Gilgardo Melgoza,
and Southwest Neighbors, an unincorporated association
("petitioners"), on March 30, 1981, filed a lawsuit against
the City of Santa Ana in the Orange County Superior Court
(Gipson, et al. v. City of Santa Ana, et al., Case No. 35-
33-34), seeking a Writ of Mandate, as well as injunctive and
declaratory relief, to set aside the Council's approval of
the Variance; and
WHEREAS, on July 7, 1981, the Superior Court
denied petitioners' request for a Peremptory Writ of Mandate
RESOLUTION NO
Page Two
and Preliminary
a timely appeal
and
83- 101
Injunction; and petitioners thereafter filed
with the Fourth District Court of Appeal;
WHEREAS, on October 19, 1982, the appellate court
(Case No. 26187), in reversing the July 7, 1981 judgment in
the City's favor, ruled that the findings of fact contained
in Resolution No. 81-3 were not sufficiently specific to
apprise a reviewing court of the reasons why the Council
approved the relocation of the rescue center; and ordered
the Superior Court to issue a writ of mandamus requiring the
City Council to vacate Resolution No. 81-3 and to adopt a
new resolution which contained findings of fact consistent
with Santa Ana Municipal Code ("SAMC") S 41-638; and
WHEREAS, on January 10, 1983, the Superior Court,
the Honorable Robert R. Fitzgerald presiding, issued its
Peremptory Writ of Mandamus, which writ was served on the
City on or about January 17, 1983; and
WHEREAS, on February 22, 1983, the City Council
met for the purpose of considering the adoption of a resolu-
tion approving the grant of a Variance to Missionaries at
Home, Inc., to waive certain yard and parking requirements
in conjunction with the rescue center's relocation to 120
South Daisy Street; and
WHEREAS, at its meeting of February 22, 1983, the
(said Council read and considered the following materials and
Idocuments submitted by the City Attorney:
a. City Attorney's Memorandum dated February 10,
'1983;
b. Resolutions Nos. 81-3 and 81-4;
C. Portions of the City Council's Minutes
of December 15, 1980 and January 5, 1981, which pertained to
the rescue center project;
d. The appellate court's opinion dated
October 19, 1982;
e. The Peremptory Writ of Mandamus, dated
January 10, 1983, issued by the Orange County Superior
Court;
f. SAMC §§ 41-471, 41-472 and 41-638;
RESOLUTION NO. 83-101
Page Three
g. The full and complete agenda packet
concerning this land use approval which was distributed to
the members of the Council prior to its December 15, 1980
public hearing, which packet included staff reports, environ-
mental documents and background information concerning
efforts undertaken to relocate the rescue center;
h. A transcript made of the proceedings
which occurred on December 15, 1980, at said Council's
public hearing; and
WHEREAS, said Council, at the conclusion of its
meeting of February 22, 1983, continued said meeting to
April 4, 1983; and
WHEREAS, Missionaries at Home, Inc., on March 31,
1983, obtained a Temporary Restraining Order from the Orange
County Superior Court, prohibiting this Council from conduct-
ing any further hearings regarding approval or disapproval
of the Rescue Center project until a court hearing was held
on the requests of Missionaries at Home, Inc. for a Preliminary
Injunction and for a court order authorizing it to file a
cross-complaint for damages and other relief against the
City of Santa Ana; and
WHEREAS, as a result of the March 31, 1983 lawsuit
filed by Missionaries at Home, Inc., the Honorable Robert R.
Fitzgerald, Judge of the Superior Court, on June 30, 1983,
issued an Order clarifying and modifying the previously
issued Peremptory Writ of Mandamus; and
WHEREAS, pursuant to said June 30, 1983 Court
Order, this Council was expressly prohibited from conducting
a'de novo hearing in this matter; and was further directed
to adopt new resolutions approving the Variance and Con-
ditional Use Permit which contained exact, specific findings
of fact in accordance with the October 19, 1982 opinion of
the Fourth District Court of Appeal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SANTA ANA AS FOLLOWS:
1. That based on the evidence described herein-
above, and further based on the public hearing and the oral
and documentary evidence submitted therein, the City Council
does hereby reverse the action of the Planning Commission
denying said Variance Application No. 80-58, and does hereby
approve said Variance and grant Appeal No. 427.
2. That the City Council adopts, as its findings
of fact for the approval of Variance No. 80-58, the following:
RESOLUTION NO. 83-101
Page Four
(a) In reference to a modification of the yard
and parking requirements normally applicable to this site,
special circumstances applicable to this property do exist,
as follows:
(i) The site is an irregularly shaped parcel
of approximately 16,411 square feet or .38 acres, with 193
feet of frontage on Walnut Street and 93 feet of frontage on
Daisy Street.
(ii) Although zoned for light industrial
use, the site is located on a block developed with land uses
of a commercial nature, none of which meet the yard require-
ments of SAMC S 41-475.
(iii) Missionaries at Home, Inc. proposes
,provide a five (5) foot landscape planter along both the
(Daisy and Walnut Street frontages. This 1400 square feet
!planter area meets the yard and landscaping requirements
the City's most restrictive commercial zoning district.
to
of
of
(iv) The yard area thus provided will allow
for development of an integrated landscape scheme to provide
the scenic amenities of a landscaped streetscape at this
location.
(v) Twelve (12) parking spaces, in lieu of
the required thirty-nine (39) parking spaces, will be
sufficient to service the rescue center site inasmuch as
ihistorically the rescue center's lodgers are not operators
lof motor vehicles; coupled with the fact that the site has
immediate access to public transit facilities (the site is
approximately 150 feet South of First Street, a major arterial,
,and a bus stop is located on the southwest corner of First
and Daisy Streets).
(b) The granting of the variance is necessary for
!the preservation and enjoyment of one or more substantial
(property rights, as follows:
(i) Failure to grant Missionaries at Home,
Inc., a variance regarding required yard areas, would deny
to such organization its right to use its property in a
manner enjoyed by adjacent commercial property owners, whose
properties do not meet the City's yard requirements.
(c) The granting of the variance will got be
materially detrimental to the public welfare or be injurious
to surrounding property, as follows:
(i) The rescue center's site at 120 South
Daisy Street is located in a mixed-use area and in close
RESOLUTION NO. 83- 101
Page Five
proximity to other social services uses. To the north of
the site are located commercial uses (abandoned restaurant,
auto repair and auto service). To the south of the site are
located Chestnut Park and the Orange County Social Services
Center, which consists of the welfare office and medical
clinic. Just northwest of the site is located the state's
Human Resources and Development Department office. Just
southwest of the site at Chestnut and Center Streets are
located community -sponsored education and training facilities.
To the east of the site are located residential uses with
commercial uses fronting on First Street. And to the west
of the site are located uses associated with automotive
services and repair.
(ii) That the imposition of certain condi-
tions to the approval of the Variance, such as: hours of
operation; no congregating outside the facility; provision
of adequate staff supervision to insure successful social
integration into the surrounding neighborhood; an initial
approval period of six (6) months for the use; and construc-
tion of a six (6) foot high block wall along the northerly
property line, will serve to mitigate any adverse impacts
such use could pose to surrounding properties.
(iii) The design of the facility itself, in
which the dining hall and chapel areas will be oriented
towards an interior patio or courtyard area, will minimize
the possibility of the center's lodgers congregating outside
of the facility.
(iv) That the rescue center building itself
will be a modern, one-story, attractively designed structure,
which will be attractively landscaped, which will signifi-
cantly upgrade the neighborhood as compared to the types of
structures and uses found in the immediate vicinity.
(d) The granting of the Variance will not adversely
affect the general plan of the City, as follows:
(i) The subject site is designated as Mixed
Use Corridor on the Land Use Element of the General Plan.
Two of the primary purposes of properties placed into such a
category are: to provide important neighborhood facilities
and services including shopping, recreation, cultural and
entertainment activities, employment and education; and to
provide support facilities and services for the Industrial
Districts including office and retail, restaurants, and
various other services. Approval of this project is in
conformance with these standards.
(ii) According to the Urban Design Element
of the General Plan, each Multi -Use Corridor is located in
RESOLUTION NO. 83- 101
Page Six
an area of significant development potential and anticipates
the creation of an innovative and stimulating mix of land
,uses designed to encourgage urban development of the highest
design and functional standards. The location and design of
ithe proposed rescue center building is in conformance with
this standard.
(iii) One of the goals of the Public Facilities
Element of the General Plan is to provide sufficient public,
cultural, recreational, educational, social service and
related facilities to meet the community's needs. Approval
of this project would further achieve this goal.
3. For the reasons set forth in the Negative
Declaration prepared for this project, this Council reaffirms
its December 15, 1980 and January 5, 1981 approvals of said
Negative Declaration and its finding that the project will
not have a significant effect on the environment.
4. The said Variance is approved subject to the
requirements and limitations set forth in the attached
conditions labelled Exhibit "A" and incorporated herein by
reference.
5. • That Resolution No. 81-3, adopted by this body
on January 5, 1981, be, and the same hereby is, repealed.
ADOPTED this 15th day
ATTEST:
JANICE C.UY,
Clerk of le Council
COUNCILMEMBERS:
Luxembourger Ave
Of Au ust 1983.
R. W. LUXEMBOURGER, MAY.OR..__..-_
Griset Nay APPROVED AS TO FORM:
Acosta Ave
Bricken Ave
Johnson Ave 94
McGuigan Ave EDWARD J OOP R,
Young Ave City Attorney
1. If the appe icatior is arproved, the fol]ovim, atsdard r,guir@:ts marc be set:
A. Plwr:ing: 1, 2, 3, 4, 14
D. Public Maks: 1, 10, 11, 31, 15, 20, 21 b d, 22 c, 23, 27, 281, 40, 11, 42••,
43
*if rrmaary, Deily 6trM a' City Deudi Mark.
2. The folim-;M raquix�ts mut also be est:
A. Pla-ring Dep�t
1) cat the mage Omrity Fescue Omr t vs hags of operation, be suer`: that
a r14 aey enter the facility as nary.
2) That there be m corgrigating artside the facility.
3) 71at there be adequate staff supervisim to insure for the successful
social t-a5ratim of the fwll:ty and the tei�lcahmd.
4) Rat the use bs approved fon a period of six (6) crt'r:, at Mii& time
the Pleminc Department shall revia: the subject p¢ariaes to deta=L.n
02*liarne With t7r conditions of appewal and ter 6&tM .Lr& whether or
rot any protlms have arisen due to its cperation.
S) !`at arrs pr—nsaL` signage be steitted to asd by the Planning
. Dspaaffiut.
6) Oat a 6-fent high, 6 -inch Wide blah Well bp ccretnu along the
= t)—ly Property ].ire abutting the parking area, wall Might to be
smnsred frau highest finista:d grde.
B. Public 1as(a: Department
• 1) Pay City Sanitary saver ooraactim fee.
2) ts: Doisy S"—vet ,
a) FMmve are eleae sodstirg drive gw=ach aww axatxuet drive
apFrcee as approved.
b) Plant at:rw tremas per City BtwAwd b. 124.
3) ]bproverents: Malnut Stxat
a) N.mvNm and saplaoe all da wmd sidswalk.
b) Owatrwt o.TAO=7r.i cruet light3n9 with wdw ro:a,d po.er
distrihrtim.
C) rlsrt street trvre Per City Dtwrdsrd b. 124.
d) Cmi trust drive appaoect as approved.
-3: rice pepmx a t
Y
7?e building g ord its ae stall oQ1®n ter all applicable smctj m of e.A.c.
TI le 24 ane the 1976 Zi tfam Tire nide.
4. Police Departaft-It
Cauply With the prvewem cd mW= S, Ar ticie n, ltivisim 3, of the &r to
Ana )a.ruicipal 0 --de (Duild.ing 6—a -sty OedttusM).
5D