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HomeMy WebLinkAboutReso25-01_1800 N Bush St Resolution No. 2025-01 Page 1 of 9 RESOLUTION NO. 2025-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-19-MOD-01, AS CONDITIONED, TO ALLOW FOR AN INCREASE IN ADULT DAY CARE PARTICIPANTS AT THE EXISTING ADULT DAY CARE CENTER AT THE PROPERTY LOCATED AT 1800 NORTH BUSH STREET (APN: 003-142-24) 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. Christina Meshreky and Georgina Beshi, with DNJ C Properties, LLC (“Property Owner” and “Applicant”), are requesting approval of a modification toConditional Use Permit (CUP) No. 2019-19-MOD-1, to allow for an increase in adult day care participants from 40 participants to a maximum of 199 total occupants/individuals, including participants and staff members, at an existing adult daycare center (360 Adult Day Care) for the property located at 1800 North Bush Street. Applicant is also requesting approval of modification to Variance No. 2019-02 to allow for a reduction in the required parking spaces, resulting from a change of use to the second floor office space at the same subject property, from professional office to medical office. B. The site was originally developed in 1989 with a two -story; 10,800-square-foot building that has since been occupied by various professional and medical office tenants. C. On June 24, 2019, the Planning Commission conditionally approved CUP No. 2019-19 and VAR No. 2019-02. These approvals permitted the operation of an adult day care center on the first floor of the building, accommodating up to 40 participants, along with a parking deficit of twenty-seven (27) percent. The adult day care center is still in operation and is now proposing an expansion to accommodate additional participants and staff, as the existing unit has the capacity to support additional individuals. D. On February 23, 2024, the owner and operator submitted a Development Project application proposing to increase the number of participants and requesting a further parking deviation. The applicant collaborated with Planning Staff to provide all necessary documentation, including a parking analysis, to support the City's review of the request. The Development Project review was finalized on November 7, 2024, after which the applicant submitted Resolution No. 2025-01 Page 2 of 9 their discretionary applications. E. Santa Ana Municipal Code (SAMC) Section 41-649 requires approval of a CUP modification to amend the original request. F. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the CUP modification for this project as set forth by the Santa Ana Municipal Code. G. On January 27, 2025, the Planning Commission held a duly noticed public hearing for CUP No. 2019-19-MOD-1. H. 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 CUP No. 2019-19-MOD-1, for an adult day care center, 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 Project would expand and existing adult day care, enabling it to provide critical services to elderly and adults in need of care, which would enhance their quality of life. The center not only offers care but a variety of engagement activities such as chair exercises, arts and crafts, puzzles, and various forms of therapy that support their well-being. Expanding the center's capacity would allow it to meet the increasing demand for these services; particularly from families residing and working in the area thus also contribute to the overall well-being of the community. 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 Project would not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, as it is carefully designed to mitigate potential impacts. Operational practices such as staggered participant scheduling, transportation provided by caregivers and center-operated vans, and coordinated staff schedules will ensure minimal disruption to the community. Additionally, no physical changes to the building are proposed, and the site has demonstrated the capacity to safely accommodate the increased use within the existing occupancy limit. Lastly, the increase in participants would not necessarily result in a continuous influx of individuals at the site throughout the hours of operation, but would provide the owner Resolution No. 2025-01 Page 3 of 9 with the flexibility to offer services to additional members, as the current limitation is 40. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. By increasing the number of participants, the center will not only address the immediate needs of the community but also foster economic growth by creating additional job opportunities and ensuring the center's continued success. This expansion strengthens the area's economic vitality by enhancing the availability of essential services for the aging population and their families. Furthermore, the project demonstrates a strong commitment to minimizing parking and traffic impacts through carefully designed operational practices thus reflecting a proactive effort to foster a positive relationship with the surrounding community. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed increase in participants will occur within an existing commercial building that currently includes established site improvements. The applicant does not propose any increase in square footage or structural alterations to the building itself. However, they are proposing key site enhancements to ensure compliance with current City standards. These improvements include resizing the trash enclosure as needed to meet updated requirements, installing a roof cover for the enclosure, and recording an easement for the corner ramp located at the intersection of Eighteenth Street and Bush Street. As it relates to the site parking, a Variance was conditionally approved on June 24, 2019 to allow for a 27-percent parking deficit and modification to the approved variance was requested to allow for an increase in deficit to 47-percent. 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 proposed Project aligns with several goals and policies of the City’s General Plan. Goal LU-1 of the Land Use Element seeks to provide a land use plan that enhances quality of life while respecting the existing community. The services offered by the center improve the quality of life for elderly individuals, other adults in need, and their families by providing engagement and care. The proposed increase in participants and staff is reflected in the applicant’s commitment to minimizing the need for onsite Resolution No. 2025-01 Page 4 of 9 parking by utilizing transportation vans for staff and participants. This approach respects the surrounding community by preventing spillover parking in adjacent areas. This commitment aligns with Policy LU-1.1, which aims to foster compatibility between land uses to enhance livability and promote healthy lifestyles. As the project involves modifying an existing land use within the built environment, it ensures the continued coexistence of the center with the surrounding community. Additionally, the project is consistent with Goal LU-2 of the General Plan, which seeks to provide a balanced mix of land uses that meet the diverse needs of Santa Ana. The proposed expansion would enable the facility to serve more individuals that are elderly and other adults in need of care, as well as their families. This expansion addresses a significant need in the community, given that only four such facilities currently operate in Santa Ana, and this center is functioning at limited capacity. The proposed Project is also consistent with Goal CM-3 of the Community Element, which promotes the health and wellness of all Santa Ana residents. By increasing its capacity, the center will be able to serve additional members of the community in need, enabling them to remain healthy and active through the programs offered. Additionally, the project will create job opportunities for the additional staff needed to support the expanded participants, aligning with Goal EP-1 of the Economic Prosperity Element. This goal seeks to foster a dynamic local economy that provides and creates employment opportunities for all residents. Furthermore, granting approval for this request ensures the center's ability to thrive despite the site's constraints, consistent with Goal EP-3, which promotes a business-friendly environment where businesses can grow and succeed. Section 2. Pursuant to the California Environmental Quality Act (CEQA) and its Guidelines, the Project is exempt from further review under Section 15301 (Class 1 – Existing Facilities). The Project qualifies for this exemption, as it pertains to the operation, licensing, or minor alteration of private structures with little to no expansion of their existing or prior use. Although the proposed project would increase the number of participants and the parking deficit, it does not involve any expan sion of the building’s floor area. As such, a Notice of 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 Resolution No. 2025-01 Page 5 of 9 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 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 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-MOD-1, 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 above-referenced hearing, including but not limited to: The Request for Planning Commission Action dated January 27, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 27th day of January 2025 by the following vote. AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Christopher Leo, Jennifer Oliva, Isuri Ramos, Alan W oo (6) NOES: Commissioners: ABSENT: Commissioners: Bao Pham (1) ABSTENTIONS : Commissioners: Jennifer Oliva Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Melissa M. Crosthwaite Senior Assistant City Attorney Resolution No. 2025-01 Page 6 of 9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2025-01 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 27, 2025. Date: Nuvia Ocampo Recording Secretary City of Santa Ana 1/27/2025 Resolution No. 2025-01 Page 7 of 9 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019- 19-MOD-1 Conditional Use Permit (“CUP”) No. 2019-19-MOD-1 for an adult daycare center is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the SAMC, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: 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. The Applicant must comply with all conditions and requirements of the Development Review Committee for the Development Project (DP) No. 2024-03. 2. Any amendment to this CUP must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. Violations of the Conditional Use Permit as contained in Section 41 -647.5 of the SAMC will be grounds for permit suspension and/or revocation as described in Section 41-651 of the SAMC. 4. The business shall post in a conspicuous location at the entry to the building the contact information for the responsible onsite manager, including full name, phone number, and emergency or backup phone number, in case of noise and related operational complaints. 5. Site illumination levels must remain in compliance with Section 8 -211 (Special Commercial Building Provisions) of the SAMC at all times. 6. Site exterior noise levels must remain in compliance with Section 18-312 (Exterior Noise Standards) of the SAMC at all times. 7. The Conditional Use Permit shall be subject to an administrative review by the Planning Division within six (6) months from execution of this resolution. The review shall focus on business operations and compliance with the City’s noise ordinance and may include, but is not limited to, review of noise complaints. At the conclusion of the administrative review, the Planning Division shall make a determination if an increase in the height of the block wall along the north property line is required for additional noise attenuation. Added on January 27, 2025 by the Planning Commission. 8. A maximum of 23 staff members may be on site at any one time, and at no time Resolution No. 2025-01 Page 8 of 9 can the maximum occupancy exceed 199 occupants, including participants and staff. 9. The Conditional Use Permit shall be subject to an administrative review by the Planning Department within six (6) months from execution of this resolution, to determine if onsite parking availability is sufficient. If onsite parking availability becomes insufficient within six months from the date of execution of this resolution , resulting in community complaints, the owner/operator shall develop and implement a comprehensive Parking Management Plan , subject to approval by Planning Division staff. This plan shall include strategies to address parking deficiencies, such as parking agreements with adjacent properties, implementation of valet services, incentivizing alternative modes of transportation, or optimizing onsite parking layouts. Furthermore, designated parking areas shall be clearly posted and properly maintained onsite to ensure compliance and mitigate potential impacts on the surrounding community. Revised by the Planning Commission on January 27, 2025. 10. Within 90 days of adoption of this resolution , Applicant (and the owner of the property upon which the authorized use an d/or authorized improvements are located, if different from the Applicant) shall execute a Property Maintenance Agreement with the City of Santa Ana, which shall be recorded against the property. The Property Maintenance 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 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 on or about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of Resolution No. 2025-01 Page 9 of 9 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 fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant 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 Property 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 maintenance agreement; 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; and h. The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement.