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HomeMy WebLinkAbout2003-47 Koo - 12/3/03 RESOLUTION NO. 2003-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2003-32 FOR AN ADULT DAY CARE AS CONDITIONED FOR THE PROPERTY LOCATED AT 1920 EAST DEERE AVENUE 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. Conditional Use Permit No. 2003-32 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on November 24, 2003. B. The applicant is requesting approval of Conditional Use Permit No. 2003- 32 for an adult day care for the property located at 1920 East Deere Avenue. • 1. Santa Ana Municipal Code Section 41-377.5 (a) of the Santa Ana Municipal Code allows adult day care facilities subject to the issuance of a conditional use permit. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. i. The proposed use will provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The Adult Day Health Care use will provide a benefit to the community by providing needed services to seniors who are recovering from a disability. Programs provide limited medical, rehabilitative and social services to elderly persons and other adults with functional physical or mental impairments. They are designed to rehabilitate and help adults be self- sufficient after a disability and to delay or prevent placement into nursing homes, long term care facilities or similar institutions. Helping clients maintain a safe and independent lifestyle .will contribute to the general well being of the community. • Resolution No. 2003-47 Page 1 of 4 ii. Will the proposed use 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 Adult Day Health Care use is a conditionally permitted use in the Professional zoning district and will take place within an existing building on the project site. The project .has been conditioned to provide a loading and unloading area to accommodate the majority of clients that will be transported to and from the facility. The loading zone is located behind the facility so that the loading function can take place outside of main drive aisles so that circulation on the project site is not affected. There are no residential uses within the immediate vicinity. The facility does not use hazardous materials and will not be detrimental to the health, safety or general well being of persons working in the area. iii. Will the .proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project will help the stability and future economic . development of the area by keeping a building leased with a long-term tenant that provides services to seniors so that they can lead an independent lifestyle and avoid being placed prematurely in nursing homes or long term care facilities. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The project will comply with all applicable city codes and standards pertaining to the Adult Day Health Care use. In addition, there are no code enforcement violations on the subject site at the time of this report. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The operation of an Adult Day Health Care facility within an existing building on the project site will have no affect on the City's General Plan. Adult Day Health Care use is permitted within the Professional and Administrative Office (PAO) General Plan designation and are allowed with a conditional use permit in the Professional (P) zoning district. There • are no specific plans in the immediate area. Resolution No. 2003-47 Page 2 of 4 • Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program prepared with respect to this Project. As a result of this consideration and the evidence presented at the hearing on this matter, the Planning Commission has determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigated negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Planning Commission finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The Planning Commission hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the Planning Commission has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The Planning Commission of the City of Santa Ana hereby, • approves Conditional Use Permit No. 2003-32 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 24th day of November, 2003 by the following vote: AYES: Commissioners: De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Cribb (1) ABSTENTIONS: Commissioners: None (0) Chairperson • Resolution No. 2003-47 Page 3 of 4 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Q o Deputy Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2003-47 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 24, 2003. ~ , Date: ~~~'/~-~ ~~ ~- ~ ` ~_ Recording Secretary City of Santa Ana • • Resolution No. 2003-47 Page 4 of 4 Conditions for Approval for Conditional Use Permit No 2003-32 Conditional Use Permit No. 2003-32 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 Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply in full with each and every condition listed below rip or 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. A. Plannin4 Division Comply with Development Review Committee comments dated July 31, 2003 for Site Plan Review DP No. 032-23. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit • must be amended. 3. A 10-foot by 25-foot loading area shall be maintained behind the structure, outside of travel aisles, to accommodate the loading and unloading of clients shuttled to the facility. Police Department The existing building and parking lot within 60 feet of the building must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. • Exhibit A