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HomeMy WebLinkAbout83-102RJW/fm 8/8/83 RESOLUTION NO. 83- 102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ACTION OF THE PLANNING COMMISSION DENYING CONDITIONAL USE PERMIT APPLI- CATION NO. 80-19, APPROVING SAID CONDITIONAL USE PERMIT, GRANTING APPEAL NO. 428, AND RESCINDING RESOLUTION NO. 81-4, 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. 428 filed by Missionaries at Home, Inc., from a decision of the Planning Commission in denying Conditional Use Permit Application No. 80-19, which application sought to allow construction of the Orange County Rescue Center, a 10,800 square foot facility providing emergency shelter, a sanctuary, and administrative offices to be located at 120 South Daisy Street in the M1 District; and WHEREAS, prior to taking action on said Conditional Use Permit 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. 428, and approved issuance of a Conditional Use Permit 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. 81-4, and, by said resolution, granted a Conditional Use Permit 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 Conditional Use Permit; and WHEREAS, on July 7, 1981, the Superior Court denied petitioners' request for a Peremptory Writ of Mandate and Preliminary injunction; and petitioners thereafter filed a timely appeal with the Fourth District Court of Appeal; and RESOLUTION NO. 83-102 Page Two 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. 81-4 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. 81-4 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 resolution approving the grant of a Conditional Use Permit to Missionaries at Home, Inc., to allow it to relocate to 120 South Daisy Street; and WHEREAS, at its meeting of February 22, 1983, the said Council read and considered the following materials and documents 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 SS 41-471, 41-472 and 41-638; 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 included staff reports, environmental documents and background information concerning efforts undertaken to relocate the rescue center; RESOLUTION NO. 83-102 Page Three 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 Conditional Use Permit Application No. 80-19, and does hereby approve said Conditional Use Permit and grant Appeal No. 428. 2. That the City Council adopts, as its findings of fact for the approval of Conditional Use Permit No. 80-19, the following: (a) The rescue center will provide a facility and services which will contribute to the general well being of the neighborhood and community, as follows: RESOLUTION NO. 83-102 Page Four (i) The facility is designed to and will offer basic emergency shelter and related services for a maximum of up to ninety (90) persons. (ii) Meals, clothing, counseling, referral services and chapel services will be part of the programs offered to persons who stay at the center. (iii) A Life Recovery Program, for men ,experiencing problems with alcohol, will be conducted on the premises with an initial capacity to handle ten (10) men. (iv) The facility will also offer food boxes and counseling services to families, single women and single women with children. (v) The facility is expected to house the offices of Operation Love, a proposed neighborhood ministry program which is designed to refurbish existing houses using volunteer help and donated materials. (vi) The services of the rescue center are carried out by a combination of persons who are salaried or work as volunteers and the rescue center itself is supported by private donations. (b) The rescue center will not be detrimental to the health, safety or welfare of persons residing or working in the vicinity, or be injurious to property or improvements in the vicinity, as follows: (i) The rescue center's site at 120 South Daisy Street is located in a mixed-use area and in close 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 conditions to the approval of the Conditional Use Permit, such as: hours of operation; no congregating outside the facility; provision of adequate staff supervision to insure successful RESOLUTION NO. 83-102 Page Five social integration into the surrounding neighborhood; an initial approval period of six (6) months for the use; and construction 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. (c) The proposed use will comply with the provisions of Chapter 41 (the zoning ordinance) of the Santa Ana Municipal ,Code, as follows: (i) SAMC 5 41-472(h)(12)(a) requires that a conditional use permit must be obtained before any service use permitted in any commercial zone, can be inaugurated in the M-1 Zone. Missions are a conditionally permitted use in the C-2 and C-3 zones. Thus, in order to comply with SAMC § 41-472(h)(12)(a), Missionaries at Home, Inc., under SAMC S 41-632, has obtained a Conditional Use Permit. (ii) SAMC § 41-475 requires a yard area of 2,576 square feet with a five (5) foot stip abutting the street. Missionaries at Home, Inc. proposes a yard area of 1,400 square feet with a five (5) foot strip abutting the street. SAMC § 41-617 requires a total of thirty-nine (39) parking spaces for the proposed uses of the site. Missionaries at Home, Inc. proposes twelve (12) parking spaces. In order to modify the above-described yard and parking requirements, Missionaries at Home, Inc., under SAMC § 41-632, has obtained a Variance. (d) The granting of the Conditional Use Permit 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 RESOLUTION NO. 83-102 Page Six 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 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 the 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 Conditional Use Permit 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. 81-4, adopted by this body on January 5, 1981, be, and the same hereby is, repealed. ADOPTED this 15th day of August 11983. R. W. LUXEMBOURGER, MAYOR ATTEST: JANICE C. GUY, Clerk of he Council COUNCILMEMBERS: Luxembourger Aye Griset Nay APPROVED AS TO FORM: Acosta Aye Bricken Aye Johnson Aye McGuigan Aye EDWARD J OP R, Young lye City Attorney- 1. If the application is approved, the fallowing standard regaixaemb oat be act: X Planing: 1, 2, 3, 6, U — B. Public Marks: 1, 10, 11, 14, 15, 20, 21 b d, 22 e, 23, 27, 29•, 60, 41, 42••, 13 -if raxaaary, Dairy Street. M City Swcr Muir. 2. The following requirmerts oat also be set: A. Planing Departne t 1) 'chat the Orange Cokrrty Fescue Oenter's hours of operation be such that a client may eater the faculty as necessary. 2) That there be m congregating outside the facility. 3) That these be adequate staff supervision to insure for the successful social integration of the faeiiity and the nsighb=h=d. 1) That the use be approved far a psricd of six (6) months, at which, Liar the Plaming D;artment shall revise• the subject ptmiaes to detenine catpliance with the conditlana of approval and to dete.aine whether or rot any problems have arisen due to its operation. S) That any Icaad signage be mhmittad to and approved by the Planing Department. 6) That a 6-foot high, 6-inch wide block wall be amwutctad along the rnathcly property lire abutting the parkins arae, wall height to be treasured fr® highert finlahmd g.adle. S. Public Osaka Department • 1) Pay City sanitary scorer Connection fee. A 2) arpavvments: Drily Street a) Araove'and rt„.s existing drive approach anvor construct drive approach as approved. b) Plant street trees per City Standard Pb.'124. 3) 2Mprvvmmts: lllnut Stmt a) Fsmwe and replace all damaged sidewalk. b) Con tact ornamental street lighting with a dergrwd power distribution. C) Plast street t=ees per City Obsodard Pb. 124. d) Construct drive apprnedr as approved. j 3. Piro Dgmrt mmt 1 e building and Its use dwell mtf® to all applicable sections of C.A.G. i Title 24 and the 1976 Urif m Pire Code. !. Police Dwartmignrt tbeply with the pruriabo s of Chapter S, Article 11, Ddvision 3, of the Serta Ara municipal Code Osut]dlrg Security Crdinree) .