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HomeMy WebLinkAboutReso25-05_600 W Santa Ana Blvd Unit 202Resolution No. 2025-05 Page 1 of 4 RESOLUTION NO. 2025-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2025-04 TO ALLOW OPERATION OF A MEDICAL OFFICE OPERATED BY A NOT-FOR-PROFIT AND GOVERNMENT- SUBSIDIZED ENTITY KNOWN AS CHILD GUIDANCE CENTER, INC., PURSUANT TO SECTION 41-313.5 OF THE SANTA ANA MUNICIPAL CODE AT 600 WEST SANTA ANA BOULEVARD, UNIT 600 (APN: 398-221-24) 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.Child Guidance Center, Inc. (“Applicant” and “Tenant”) representing Civic Center LLC (“Property Owner”), is requesting approval of Conditional Use Permit (“CUP”) No. 2025-04 pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-313.5 to allow a medical office operated by a government-subsidized entity at 600 W. Santa Ana Boulevard, Unit 600 (“Project”). B.On December 20, 2022, the City Council approved urgency Ordinance No. NS- 3035, amending various sections of Chapter 41 (Zoning) of the SAMC. This included adding definitions for counseling services, medical offices, and adding the use, included medical offices operated by government, government-subsidized, not-for-profit or philanthropic entities under Section 41-313.5, requiring a CUP. C.On February 7, 2023, the City Council approved Ordinance No. NS-3038, amending portions of Chapter 41 (Zoning) of the SAMC, including Section 41- 313.5., requiring approval of a CUP for medical offices operated by government, government-subsidized, not-for-profit, or philanthropic entities. D.Child Guidance Center has been operating its medical office use at 600 W. Santa Ana Boulevard, Unit 600 since 2023 without the required CUP and active certificates of occupancy. Pursuant to SAMC Section 41-313.5, approval of a CUP for medical offices operated by government, government-subsidized, not-for-profit or philanthropic entities is necessary to bring the facility into conformance with SAMC and ensure compliance with all applicable regulations. E.On October 29, 2024, the Applicant submitted a Development Project Review (DP) application to change the existing office use of the sixth floor to a medical office operated by Applicant and Tenant. Subsequently, on January 23, 2025, the Applicant submitted the subject CUP application. F.On March 10, 2025, the Planning Commission held a duly-noticed public hearing on CUP No. 2025-04. G.The Planning Commission of the City determines that the following findings, which must be established in order to grant a CUP pursuant to Section 41-638 of the Resolution No. 2025-05 Page 2 of 4 SAMC, have been established for CUP No. 2025-04 to allow medical offices operated by government-subsidized, not-for-profit entity at 600 W. Santa Ana Boulevard, Unit 600. 1.That the proposed use will provide a service or facility which will contribute to the general wellbeing of the neighborhood or community. The proposed non-profit, government-subsidized medical office in Santa Ana will significantly contribute to the general wellbeing of the neighborhood and community by providing essential behavioral health and psychiatric services for children and young adults. Located within an existing office building in an Urban Neighborhood designated area, the facility aligns with the General Plan's vision of creating well-connected spaces that integrate commercial, residential, and healthcare amenities. By offering accessible mental health care, this medical office will address critical community needs, enhance healthcare accessibility, and contribute to the overall well-being of Santa Ana residents, supporting the city's commitment to comprehensive and inclusive healthcare services. 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 establishment of a non-profit, government-subsidized medical office in Santa Ana will significantly benefit the community by providing essential behavioral health and psychiatric services for children and young adults. By offering accessible mental health care, this medical office will address critical community needs, enhance healthcare accessibility, and contribute to the overall well-being of Santa Ana residents, supporting the city's commitment to comprehensive and inclusive healthcare services. 3.That the proposed use will not 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. CUP approval will retain a vital healthcare provider in the city, supporting economic stability through job retention and professional opportunities. 4.That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The medical office will be in compliance with all applicable regulations in Section 41-638 of the SAMC. The medical office will comply with all development standards, including parking requirements. In addition, operational standards will ensure the project remains in compliance with all applicable codes and regulations related to medical offices to ensure that the use does not impact neighboring properties or create a nuisance. 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. Resolution No. 2025-05 Page 3 of 4 Approval of the CUP for Applicant and Tenant aligns with Santa Ana’s goals of fostering public health, responsible land use, and economic stability. By allowing the continued operation of this mental health service provider, the CUP supports improved access to quality healthcare for children and young adults, particularly underserved populations, thereby addressing critical community health needs. The integration of this facility into the existing urban fabric preserves neighborhood character while enhancing livability by providing local access to essential mental health resources. Additionally, the CUP approval retains a vital healthcare provider in the city, supporting economic stability through job retention and professional opportunities. This decision reflects Santa Ana’s commitment to promoting active living, improving quality of life, and supporting organizations that contribute to the overall health and vitality of its residents. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The Project proposes to allow a government-subsidized, not- for-profit medical office that provides behavioral health and psychiatric services to children and young adults in an existing building tenant space previously used as an office. Moreover, the Project considers a conditional use permit for an existing medical office use at 600 W. Santa Ana Boulevard, Unit 600. As such, a Notice of Exemption, Environmental Review No. 2024-108, 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 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 a public hearing, hereby approves Conditional Use Permit No. 2025-04, as conditioned in Exhibit A, attached hereto and incorporated herein, for medical offices at 600 W. Santa Ana Boulevard, Unit 600. 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 March 10, 2025, Resolution No. 2025-05 Page 4 of 4 and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 10th day of March 2025 by the following vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: ABSTENTIONS: Commissioners: Jennifer Oliva Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Melissa M. Crosthwaite Senior Assistant City Attorney Carl Benninger, Manuel J. Escamilla, Chris Leo, Jennifer Oliva, Bao Pham, Isuri Ramos, Alan Woo (7) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2025-05 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 10, 2025. Date: Nuvia Ocampo Recording Secretary City of Santa Ana 3/10/2025 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2025-04 Conditional Use Permit No. 2025-04 allowing a medical office operated by a government- subsidized, not-for-profit entity on the sixth floor of an existing office building at 600 W. Santa Ana Boulevard, Unit 600, is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Building Standards Code, and all other applicable regulations: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. 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. Conditional Use Permit (CUP) No. 2025-04 for the subject property allows a medical office operated by a government-subsidized, not-for-profit entity, which currently occupies the entirety of the sixth floor (Unit 600) in an existing office building as per the plans submitted with the application for Development Project (DP) No. 2024-23 and CUP No. 2025-04. CUP No. 2025-04 hereby authorizes the following operations and services provided: a. Behavioral health services for individuals aged 0 to 21 b. Psychiatric services for individuals aged 0 to 21 Any modification to the operations, services provided, and building area are subject to review by Planning Division staff to determine consistency with this CUP. At that time, staff will determine if administrative relief is available or if the CUP must be amended by the Planning Commission at the Applicant’s full and sole expense. 2. Prior to the issuance of a certificate of occupancy, all the comments issued by the Development Review Committee (DRC) regarding DP No. 2024-23 must be addressed and DP No. 2024-23 must be approved, including, but not limited to, comments issued by the Public Works Agency, Building Division, and Orange County Fire Authority regarding compliance with all adopted and applicable codes and regulations. 3. The government-subsidized, not-for-profit medical office shall comply with all provisions of local, state or federal laws, regulations or orders, including, but not limited to, compliance with the City’s business license annual renewal. 4. Violations of the CUP, as contained in Section 41-647.5 of the SAMC, will be grounds for permit revocation and/or suspension as described in Section 41-651 of the SAMC. 5. The business owner shall maintain and adhere to a “Good Neighbor Policy,” implementing measures to ensure patrons comply with applicable noise, and parking regulations, and removing litter and preventing loitering in the areas in the immediate vicinity of the business. 6. Within 90 days of the adoption of this resolution, a Property Maintenance Agreement shall 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. Applicant (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 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 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 maintenance agreement and both shall be jointly and severally liable for compliance with its terms; f. The 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; and g. The 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.