HomeMy WebLinkAbout11A - ORDINANCE AND AMEND RESO FOR CUP 1600 EAST FIRST STREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 7, 2011
TITLE:
AMENDMENT APPLICATION NO. 2010-01 AND
CONDITIONAL USE PERMIT NO. 2010-15 TO
ALLOW A CARE HOME FOR THE ELDERLY AT
1600 EAST FIRST STREET - AZURE PLAZA
PARTNERS, LLC, APPLICANT
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 151 Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Place ordinance for Amendment Application No. 2010-01 on second reading and adopt.
2. Adopt a resolution for Conditional Use Permit No. 2010-15 with additional conditions.
CITY COUNCIL ACTION
On February 22, 2011, the City Council adopted an ordinance approving Amendment Application No.
2010-01; and adopted a resolution approving Conditional Use Permit No. 2010-15 by a vote of 7:0 to
allow a care home for the elderly and change the zoning for a portion of the lot from Single Family
Residential (R1) and Multiple Family Residential (R3) to General Commercial (C2) zoning for property
at 1600 East First Street. The City Council added 14 additional conditions of approval to ensure that
the improvements to the buildings and site were comprehensive. Recommendation No. 2
memorializes the additional conditions.
FISCAL IMPACT
There is no fiscal impact associated with this action.
JA KM. Trevino
Executive Director
Planning & Building Agency
LL:rb
LL\reports\pc&za\cup10-15aa10-01 Azure Plaza.cc-2n° reading
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ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ZONING THE PROPERTY LOCATED AT 1600
EAST FIRST STREET FROM SINGLE FAMILY RESIDENCE
(R1) AND MULTIPLE-FAMILY RESIDENCE (R3) TO
GENERAL COMMERCIAL (C-2) (AA NO. 2010-01)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. The Applicant is requesting adoption and approval of Amendment
Application No. 2010-01 and Conditional Use Permit No. 2010-15 to allow a
care home for the elderly at 1600 East First Street.
B. On September 13, 2010, the Planning Commission held a duly noticed
public hearing and voted to recommend that the City Council:
1. Adopt an ordinance approving Amendment Application No. 2010-01.
2. Adopt a resolution approving Conditional Use Permit No. 2010-15 as
conditioned.
C. Amendment Application No. 2010-01 came before the City Council of the
City of Santa Ana for a duly noticed public hearing on October 4, 2010. At
that time, the City Council continued the matter for another duly noticed
public hearing on December 6, 2010. At that time, the City Council
continued the matter for another duly noticed public hearing on February 7,
2011. At that time, the City Council continued the matter for another duly
noticed public hearing on February 22, 2011, to consider all testimony,
written and oral.
D. Amendment Application No. 2010-01 has been filed with the City of Santa
Ana to zone a portion of the property located at 1600 East First Street from
Single Family Residence (R1) and Multiple-Family Residence (R3) to
General Commercial (C-2).
E. Amendment Application No. 2010-01 is consistent with the General Plan,
including but not limited to its goals and policies:
Promote a balance of land uses to address basic community needs.
Land Use Element Goal No. 1.0.
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2. Maintain and foster a variety of residential land uses in the City. Land
Use Element Policy 1.5.
3. Promote rehabilitation of commercial properties, and encourage
increased levels of capital investment. Land Use Element Policy No.
2.8.
4. Promote development which has a net community benefit, and
enhances quality of life. Land Use Element Policy No. 5.1.
5. Self Enriched Housing. Support efforts to increase the availability of
supportive services and service-enriched housing for persons with
special needs, such as seniors, disabled people, homeless people,
families, and persons with medical conditions. Housing Element
Policy HE-4.4.
F. The City Council has weighed and balanced the general plan's policies and
has determined that based upon this balancing that the project at 1600 East
First Street is consistent with the purpose of the general plan.
G. The City Council also adopts as findings all facts presented in the Request
for Council Action dated February 22, 2011 accompanying this matter. For
these reasons, and each of them, Amendment Application No. 2010-01 is
hereby found and determined to be consistent with the General Plan of the
City of Santa Ana and otherwise justified by the public necessity,
convenience, and general welfare.
H. Conditional Use Permit No. 2010-15 as conditioned came before the City
Council on October 4, 2010, December 6, 2010, February 7, 2011, and
February 22, 2011. This ordinance incorporates by reference, as though
fully set forth herein, the Conditional Use Permit in support of this ordinance
and the findings made herein.
Section 2. The real property located at 1600 East First Street is hereby zoned
from Single Family Residence (R1) and Multiple-Family Residence (R3) to General
Commercial (C-2). (AA No. 2010-01) Amended Sectional District Map number 17-5-9
showing the above described change in use district designation, is hereby approved and
attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth
herein. This decision is based upon the evidence submitted at the above said hearing,
which includes but is not limited to: the Request for Council Action dated February 22,
2011 and exhibits attached thereto and the public testimony written and oral, all of
which are incorporated herein by this reference.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
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phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this day of )2011.
APPROVED AS TO FORM:
Joseph Straka
City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
AYES:
NOES:
Councilmembers
Councilmembers
Miguel A. Pulido
Mayor
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS- to be the original ordinance adopted by the City Council of the
City of Santa Ana on and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
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ROH - 03/07/11
RESOLUTION NO. 2010-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING CONDITIONAL USE PERMIT
NO. 2010-15 AS CONDITIONED TO ALLOW A CARE
HOME FOR THE ELDERLY AT 1600 EAST FIRST STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Applicant is requesting approval of Conditional Use Permit No. 2010-15 to
operate a care home for the elderly in the General Commercial (C2) zoning
district for the property located at 1600 East First Street.
B. Santa Ana Municipal Code Section 41-377.5 allows care homes for the
elderly in the C2 zoning district subject to the issuance of a conditional use
permit.
C. Conditional Use Permit No. 2010-15 came before the City Council of the
City of Santa Ana for a duly noticed public hearing on October 4, 2010. At
that time, the City Council continued the matter for another duly noticed
public hearing on December 6, 2010. At that time, the City Council
continued the matter for another duly noticed public hearing on February
7, 2011. At that time, the City Council continued the matter for another
duly noticed public hearing on February 22, 2011.
D. The City Council determines that the following findings, which must be
established in order to grant this Conditional Use Permit pursuant to Santa
Ana Municipal Code Section 41-638, have been established for
Conditional Use Permit No. 2010-15 to allow a care home for the elderly:
1. The proposed use will provide a service or facility, which will
contribute to the general well being of the neighborhood or the
community.
The proposed conversion of a 150-room hotel into a 128-
room licensed Residential Care Facility for the Elderly
(RCFE) will provide a facility that will contribute to the
general well being of the community by providing living
facilities to a segment of the population in need of
supervision and care, but not medical care. While RCFEs
are regulated by the California Department of Social
Services, conditions have been placed on the operations
that will mitigate any potential impacts created by the use
11 A-7 Resolution No. 2010-xx
Page 1 of 4
and ensure that the use will not negatively affect the
community and the surrounding neighborhoods.
2. 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 conditions of approval will require the facility compliance
with State licensing requirements and will ensure the facility
maintains a safe environment. The conditions of approval
are imposed to mitigate any potential unforeseen impact that
could otherwise affect the health, safety, or general welfare
of persons residing or working in the vicinity.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The site as developed is suitable for the proposed use. The
proposed use will not adversely affect the present economic
stability or future economic development of the properties
surrounding the area. Instead, the proposed use will create
a positive economic impact by increasing the number of
available jobs in the area and increasing the tax revenues
which will protect property values within the community and
will contribute to the economic stability of surrounding
properties in the area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
With an approved conditional use permit for a care home in
the General Commercial (C2) zone district, the proposed use
will be in compliance with the applicable sections of Chapter
41 of the Santa Ana Municipal Code. Conditions of approval
are imposed to ensure compliance with the State licensing
requirement and to ensure that the proposed RCFE does not
transition into an undesired or unintended use.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed facility is located in the General Commercial
(GC) general plan designation land use designation. The
proposed use as conditioned will not adversely affect the
General Plan as it will further the goals and policies of the
plan and not obstruct their attainment. Specifically, it will
further Goals 1, and Policies 1.5, 2.8 and 5.1 of the land use
element and Policy HE-4.4 of the Housing Element The
project site is not located within any specific plans.
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Page 2 of 4
E. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section 15332,
class 32. This class 32 exemption allows infill development projects
occurring on lots less than five acres, where the site has no value as a
habitat for endangered species, is adequately served by all required utilities
and public services, will not result in any significant effects relating to traffic,
noise, air and water quality and is consistent with the applicable general
plan, zoning and other policies. Categorical Exemption Environmental
Review No. 2008-140 will be filed for this project.
Section 3. The City Council of the City of Santa Ana hereby, approves
Conditional Use Permit No. 2010-15 as conditioned in Exhibit "A" attached hereto and
incorporated herein.
ADOPTED this
day of , 2011 by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph Straka, City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
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Page 3 of 4
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the City Council, do hereby attest to and certify the
attached Resolution No. to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the City Council
City of Santa Ana
11A-10 Resolution No. 2010-xx
Page 4 of 4
Conditions for Approval for Conditional Use Permit No 2010-15
Conditional Use Permit No. 2010-15 is approved subject to compliance, to the reasonable
satisfaction of the City Council, with all applicable sections of the Santa Ana Municipal Code, the
California Administrative Code, the California Building Standards Code and all other applicable
regulations.
The applicant must comply in full 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.
A. Planning Division
1. All proposed site improvements must conform to the Site Plan Review DP No. 2008-
47, except that Exhibits 4 and 6 of Conditional Use Permit No. 2010-15 shall replace
the site plan and elevations of the Site Plan submittal.
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. The facility shall obtain and maintain a license by the State for a Residential Care
Facility for the Elderly (RCFE).
4. The number of residents shall be limited to 147.
5. The facility shall provide at a minimum the following amenities as shown on page 3
and 4 of Exhibit 5:
a. A fully furnished meeting room with a minimum capacity of 30 occupants.
b. A business office equipped with computers with internet access, public
telephone, fax and copier machines, and other incidental equipment necessary
to support an office environment.
C. A library furnished with tables, chairs and at least one computer.
d. A fully furnished theater with a minimum capacity of 15 occupants.
e. A fully furnished card/game room with a minimum capacity of 30 occupants.
Resolution No. 2010-xx
Page 5 of 4
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September 13, 2010
PAGE 2OF5
A fully furnished and equipped arts and crafts room with a minimum
capacity of 15 occupants.
g. A fully furnished billiards/sports room with a minimum of two playing
stations.
h. A fully furnished dance studio with a minimum capacity of 15
occupants.
A fully furnished worship area with a minimum capacity of 30
occupants.
Private resident storage will be provided on the seventh and eighth
floor.
k. A common laundry facility with a minimum of eight washing
machines and corresponding dryers and ironing/folding area.
Vehicular transportation with a minimum capacity of 20 passengers
to provide free shuttle to the residents to destinations within 15 miles
of the location.
M. A fully equipped exercise room.
n. A Therapy pool.
o. A swimming pool with seating and shade.
6. Each amenity or service, including the shuttle service shall be available to
the residents daily for a period of not less than 12 hours. Programmed
activities shall be available to the residents daily for a period of not less
than four hours.
7. An amenity plan showing the interiors and high quality and durable finishes,
furnishing and proposed equipment shall be submitted to the Planning
Division for review and approval.
8. No kitchen facilities or appliances shall be allowed in the resident rooms,
as these are rooms in a care home environment and not residential units.
9. Residential units shall not be allowed on the site.
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September 13, 2010
PAGE 3 OF 5
10. No banquet facilities as defined by SAMC Section 41-25, medical marijuana
dispensary as defined by Section 41-121 or massage establishment as
defined by Section 41.1751.2 shall be allowed on the site.
11. The entry plazas shall be designed with shade trees, outdoor seating,
decorative paving, landscape planters and a water feature. A plan shall
be submitted to the Planning Division for review and approval.
12. The outdoor seating area adjacent to the restaurant shall be designed with
shade trees, decorative paving, landscape planters and trellises. The
landscape planter between the restaurant building and the street shall be
fully landscaped. A plan showing durable and high quality materials shall
be submitted to the Planning Division for review and approval.
13. Prior to issuance of a building permit, the applicant shall submit a final
landscape plan to the Planning Commission for review and approval
(Recommended by the Planning Commission on September 13,
2010).
14. In order to develop the entry plaza as shown on pages 3 and 5 of Exhibit
6, the Fire Department connections, double check valves and any other
appurtenances located within the entry plaza shall be relocated as
needed. (Recommended by the City Council on February 22, 2011).
15. The parking lot shall be fully repaired, including but not limited to the repair
of the asphalt base prior to re-striping. (Recommended by the City
Council on February 22, 2011).
16. The wood fence located on the east property line and the chain link fence
located on the south property line shall be replaced with wrought iron or
decorative masonry. (Recommended by the City Council on February
22, 2011).
17. All wrought iron fencing on the site, including but not limited that around
the pool area, shall be replaced with new wrought iron to match the new
proposed fencing. (Recommended by the City Council on February 22,
2011).
18. Trash enclosure gates shall be replaced with new metal gates.
(Recommended by the City Council on February 22, 2011).
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September 13, 2010
PAGE 4 OF 5
19. All existing signage on the site, including convenience and directional
signs, shall be removed. New signage shall comply with SAMC.
(Recommended by the City Council on February 22, 2011).
20. All guardrails on the tower building shall be replaced with new guardrails
to complement the new storefront. (Recommended by the City Council
on February 22, 2011).
21. All glazing, mullions and storefront on the restaurant shall be replaced with
glazing, mullions and storefront to match the new storefront on the tower.
(Recommended by the City Council on February 22, 2011).
22. The three restaurant entries shall be designed with arches clad in tile or
durable weather resistant natural wood. (Recommended by the City
Council on February 22, 2011).
23. All exterior doors located on the first floor, including but not limited to
service doors for the tower and restaurant, shall be replaced with new
metal doors. (Recommended by the City Council on February 22,
2011).
24. Exterior materials, colors and finishes shall be subject to approval by the
Planning Division. (Recommended by the City Council on February
22, 2011).
25. All roof mounted mechanical equipment shall be screened by a solid
screen designed to be compatible with the building architecture. All other
mechanical equipment and other site appurtenances shall be screened
with landscape. (Recommended by the City Council on February 22,
2011).
26. All exterior exposed conduits on the restaurant and tower building shall be
removed and re-routed to the interior of the building. (Recommended by
the City Council on February 22, 2011).
27. All exterior building lighting fixtures shall be replaced with fixtures of like
design to the building architecture. (Recommended by the City Council
on February 22, 2011).
28. The satellite dish, and all mechanical equipment and other site
appurtenances not in use shall be removed. (Recommended by the City
Council on February 22, 2011).
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September 13, 2010
PAGE 5OF5
B. Police Department
The existing building and parking lot 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.
2. Provide minimum 100 square inch windows in all doors leading into
common areas such as laundry facilities, rec. rooms etc.
3. Provide minimum 12-inch shatterproof convex mirrors in all elevators.
4. State licensed uniformed security guards are required 24/7 at the staffing
level of one guard in a fixed position on the first floor at a guard station.
One guard is to conduct roving activities within the building. One guard is
required to patrol the parking lot.
5. This conditional use permit shall be reviewed by the Police Department
after six months and one year, and annually thereafter for modifications or
violations of any of the conditions.
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PROOF OF SERVICE
(C.C.P. SECTION 1013(a), 2015.5)
STATE OF CALIFORNIA, COUNTY OF ORANGE
am employed in the aforesaid county; I am over the age of eighteen and not a
party to the within action; my business address is 20 Civic Center Plaza, Ross Annex
2nd Santa Ana, California 92702.
I served the foregoing document described as:
in this action by placing a true copy
thereof enclosed in sealed envelopes addressed as follows:
[ ] I caused to be delivered by courier, such envelope by hand to the office of the
addressee(s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with
U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana,
California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
[ ] The document was transmitted by facsimile transmission and was reported as
complete and without error.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed on [date] at Santa Ana, California.
MARIA D. HUIZAR
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