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HomeMy WebLinkAbout31A - CUP - 403 N SUSAN STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: CONDITIONAL USE PERMIT NO. 2014 -49 TO EXPAND AN EXISTING CARE HOME FACILITY, VARIANCE NO, 2014 -07 TO ALLOW A REDUCTION IN BUILDING SETBACKS AND VARIANCE NO. 2014.08 TO ALLOW A SIX FOOT HIGH FRONT YARD FENCE AT 325 THROUGH 403 NORTH SUSAN STREET - THE JOHN HENRY FOUNDATION {STRATEGIC PLAN NO . 3, 2; 6,3) CITY MANAG R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -49 as conditioned, Variance No. 2014 -07 as conditioned, and Variance No. 2014 -08 as conditioned. PLANNING COMMISSION ACTION On December 8, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -49 to allow the expansion of a care home facility at 325 through 403 North Susan Street as conditioned; Variance No. 2014 -07(a) to allow a reduction in front yard setbacks, Variance No. 2014 -07(b) to allow a reduction in rear yard setbacks, and Variance No. 2014 -07(c) to allow a reduction in building separation setbacks for 325 and 403 North Susan Street as conditioned; and Variance No. 2014 -08 to allow an increase in the front yard fence height at 325 through 403 North Susan Street as conditioned by a vote of 7:0 located in the Two - Family Residential (R2) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION The existing care home village located at 403 North Susan Street was approved in 1970 through Variance No. 1970 -21. The applicant, The John Henry Foundation, proposes to incorporate two homes south of the existing facility at 325 North Susan Street into the complex. This will expand their housing and support services to serve 12 additional residents for those with special needs and /or disabilities. As part of the expansion proposal, both exterior and interior improvements will be made. These include a redesign of the site to improve vehicular and pedestrian access, architectural enhancements to two buildings, and interior improvements to all of the structures to make them consistent with the program operations of the Foundation. Full sized site plans are available for public viewing in the Clerk of the Council Office. 31A-1 CUP 2014 -49, VA No. 2014 -07 & VA No. 2014 -08 January 20, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Goal No. 5 Community health, Livability, Engagement and Sustainability, Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve livability in Santa Ana neighborhoods). FISCAL IMPACT There is no fiscal impact associated with this action Vince Fregoso, Al ecto)r Interim Executive Planning & Building Agency MM,rb WREPORTWMCUP 14 -48 VA 14- 07 &08,w Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2014 TITLE: PUBLIC HEARING — FILED BY THE JOHN HENRY FOUNDATION FOR CONDITIONAL USE PERMIT NO. 2014 -49 TO EXPAND AN EXISTING CARE HOME FACILITY, VARIANCE NO. 2014 -07 TO ALLOW A REDUCTION IN BUILDING SETBACKS AND VARIANCE NO. 2014 -08 TO ALLOW A SIX FOOT HIGH FRONT YARD FENCE AT 325 THROUGH 403 NORTH SUSAN STREET (STRATEGIC PLAN NOS. 3, 2; 5, 3) Prepared by Melanie G. McCann Interim Executive Direct PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CK�IpYil�ti {�iSiiC Acting lannln anager 1. Adopt a resolution approving Conditional Use Permit No. 2014 -49 to allow the expansion of a care home facility at 325 through 403 North Susan Street as conditioned. Adopt a resolution approving Variance No. 2014 -07(a) to allow a reduction in front yard setbacks for 325 and 403 North Susan Street as conditioned. 3. Adopt a resolution approving Variance No. 2014 -07(b) to allow a reduction in rear yard setbacks for 325 and 403 North Susan Street as conditioned. 4. Adopt a resolution approving Variance No. 2014 -07(c) to allow a reduction in building separation setbacks for 325 and 403 North Susan Street as conditioned. 5. Adopt a resolution approving Variance No. 2014 -08 to allow an increase in the front yard fence height at 325 through 403 North Susan Street as conditioned. DISCUSSION Request of the Applicant The John Henry Foundation is requesting approval of several entitlements to allow the expansion of an existing care facility. Specifically, the applicant is requesting approval of a conditional use permit to allow the expansion of an existing care home facility, a variance from Sections 41 -249, 41 -251 and 41- 254 of the Santa Ana Municipal Code (SAMC) to reduce the required building setbacks, and from Section 41 -610 to allow a front yard fence that exceeds the maximum height of three feet. EXHIBIT A 31A-3 CUP 2014 -49, VA No. 2014 -07 & VA No. 2014-08 December 8, 2014 Page 2 Proiect Location and Site Description The proposed project site consists of two existing parcels located on North Susan Street between First and Fifth Streets. The northern parcel, located at 403 North Susan Street, is approximately 39,000 square feet in size and is home to The Jahn Henry Foundation State licensed adult residential care facility. This site contains seven buildings: five residential structures that range in size from 1,072 to 2,340 square feet (7,275 total square feet for all five residential structures); with the remaining two buildings consisting of the administrative office and meeting room functions and total 991 square feet. The southern parcel, located at 325 South Susan Street, is approximately 19,200 square feet in size and contains two single- family residences. These two structures are 1,747 and 2,095 square feet in size and will be incorporated into the existing care home village. The project site is surrounded by commercial uses to the north and east, multiple- family to the south and east, and single - family residences to the west (Exhibits 1, 2 and 3). Proiect Background The existing care home village located at 403 North Susan was approved in 1970 through Variance No, 1970 -21. This variance allowed the conversion of six existing single - family residences to "small family care homes," with one or two -car garages with a maximum occupancy of five persons per structure, for a total of 30 residents. In 2003, The John Henry Foundation purchased the site and obtained a certificate of occupancy to operate the existing care home facility. In 2011, the Foundation purchased the two homes south of the existing facility at 325 South Susan Street with a desire to expand their housing and support services to provide for those with special needs and /or developmental disabilities. Proiect Description The applicant proposes to expand the existing care home facility, which serves adult men and women with special needs, by incorporating the two single- family residences to the south into the existing campus. As part of the expansion proposal, both exterior and interior improvements will be made. These include a redesign of the site to improve vehicular and pedestrian access, architectural enhancements to two buildings, and interior Improvements to all of the structures to make them consistent with the program operations of the Foundation. If approved, the care home village will include a total of eight individual buildings, This includes five residential structures from the existing approved care home facility, the incorporation of two additional residential structures on the south parcel, and the existing office building. The office will also be expanded to approximately 1,800 square feet in size to replace the existing modular structure on the site (Exhibit 4). 31A-4 CUP 2014 -49, VA No. 2014-07 & VA No, 2014 -08 December 8, 2014 Page 3 The proposed facility will comply with the City's parking standards. The zoning code requires one space for every three beds for a care home use plus three spaces per 1,000 square feet for office uses. Based on the proposed 42 resident capacity and 1,800 square feet of office area, a total of 20 parking spaces are required with 21 parking spaces provided. The primary vehicular access to the site will be from the south driveway, with the required parking located towards the rear of the property. The required trash /recycling enclosure and loading area will also be located adjacent to the parking area. Due to the nature of the care home service population, meals for the residents are provided daily in the dining room located within Building 5. In addition, the one and two -car garages that were converted without permits are proposed to be formally converted into common space such as a laundry room, recreation /exercise room, office and storage. In some cases, the garage has been reconfigured to provide additional bedrooms and common area for the residence of the individual units. Each residential structure will be licensed to provide supportive housing for a maximum of six adult residents (Exhibit 5). The two residential structures proposed to be incorporated into the campus will be enhanced to meet the City's Design Standards, including the rehabilitation of the exterior of the structures. Building 5 exterior rehabilitation includes reintroducing Craftsman architectural features into the front porch, the addition of alternate building materials, new single -hung wood windows on the front elevation, and wood window trim (Exhibit 6). A new six -foot high decorative block wall is proposed along a portion of the south property line that will be enhanced with landscape vine pockets. In addition, a six -foot high decorative wrought iron fence and gate is proposed in the front yard along Susan Street, with a two -foot landscape buffer between the property line and the fence (Exhibits 7). The proposed care home village will meet or exceed most provisions of the Two - Family Residence (R2) standards and the care home parking requirements with the exception of the following: General Plan and Zoning Consistency The General Plan land use designation for the site is Low Density Residential (LR -7), which primarily allows for lower density residential development and uses such as care facilities, at a maximum density of seven units per acre. The proposed project is consistent with this General Plan land use designation. 31A-5 Existing (feet) Proposed (feet) Reouired (feet) Front yard 17.6 17.6 20 Rearyard 10 10 15 Building Separation 10 10 15 Front Yard Fence 6 6 3 General Plan and Zoning Consistency The General Plan land use designation for the site is Low Density Residential (LR -7), which primarily allows for lower density residential development and uses such as care facilities, at a maximum density of seven units per acre. The proposed project is consistent with this General Plan land use designation. 31A-5 CUP 2014 -49, VA No. 2014 -07 & VA No. 2014 -08 December 8, 2014 Page 4 The zoning for the site is Two - Family Residence (R2) zoning district. The R2 designation is a residential zone that allows single and two- family residential land uses and neighborhood serving uses such as limited adult and child care facilities. The proposed use is consistent with the zoning designation. Protect Analvsts The applicant is requesting approval of two discretionary applications in order to allow the expansion of the existing care facility. A conditional use permit is needed to expand the existing John Henry Foundation care facility to incorporate two existing residential structures to the south. This will allow the applicant to provide services to 12 additional special needs adults.. Conditional Use Permit Conditional use permits are governed by Section 41 -638 of the SAMC, and may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • 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, • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • 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. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis which, in turn, forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. 31A-6 CUP 2014 -49, VA No. 2014 -07 & VA No. 2014 -08 December 8, 2014 Page 5 The project will provide a service or facility which will contribute to the community. Expanding the current care home will provide additional housing and support services for those in need in the community. As part of the expansion, the site will be improved with additional open space, decorative wrought iron fencing and other aesthetic improvements to create a pleasant environment for the care home residents as well as the surrounding neighborhood. Further, the care home will provide a safe and nurturing environment for people living with schizophrenia spectrum disorders that might otherwise be without housing and key support services. The expansion of the care home and support services to serve 12 additional residents will not be detrimental to persons residing or working in the area as the facility is located within an area of the City that is predominantly residential in nature. The John Henry Foundation care home provides services to care for some of the most vulnerable members of society, in a well maintained and supportive environment. Finally, the project design and ongoing site management will mitigate any negative or adverse impacts created by the use that could otherwise affect the health, safety, or general welfare of the surrounding neighborhood and businesses. The proposed use will not adversely affect the economic stability of the area; but instead will provide a well maintained and operated service to the community. The expanded care home would include improvement to the property and streetscape including new decorative fencing, additional landscaping, and architectural enhancements. In addition, a number of the care home residents attend local colleges and volunteer at a number of community locations contributing the overall community. The use of the site as a secured care home, in conjunction with the improvements that will be made to the site, will enhance the economic viability of the area. • The use will be in compliance with all regulations and provisions of Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. Site improvements are proposed to the parking lot and on -site circulation that will bring the site into compliance with the Zoning Code. The remaining items that are not in compliance with the Zoning Code are intended to be addressed by the requested variances for setbacks and the front yard fence. The proposed use will not adversely affect the General Plan, but rather support its goals. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs. Goal 2 encourages uses that enhance the City's economic and fiscal viability, The care home expansion will further these goals as the care home expansion includes physical improvements to enhance the property, thereby contributing to the overall integrity of the neighborhood. Housing Element Goal 2 seeks to provide a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. Goal 4 seeks adequate housing opportunities and support services for people with disabilities, and people needing emergency, transitional or supportive housing. 31A-7 CUP 2014 -49, VA No. 2014 -07 & VA No. 2014 -08 December 8, 2014 Page 6 Variances from Setback Standards (Variance No. 2_0.14 -_07 The applicant is requesting a variance from Sections 41 -249, 41 -251 and 41 -254 of the S.A.M.0 to allow a reduction in front yard and rear yard setbacks as well as the building separation requirements in order to accommodate the proposed expansion project. More specifically, approval of the variance will recognize the location of the existing buildings and allow the existing 17 foot, six inch to 19 foot, six inch front yard setbacks to remain. In addition, relief is requested from the 15 -foot rear yard setback to allow a rear yard setback of 10 feet for Building 5, as well as relief from the 15 -foot separation requirement between Buildings 1 and 8 which is only 10 feet. Variance requests are governed by Section 41 -638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property. • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained In this report. In analyzing the variance requests staff must be able to show that findings can be made that support the criteria listed above. The project site has a special circumstance related to its size, shape and location. The property is located just north of First Street on Susan Street and is bound by existing development. The existing structures on the subject lot were originally constructed prior to 1970 in their existing locations, thus creating challenges in reconfiguring the site for expansion. The overall project site will be upgraded to comply with the Citywide Design Guidelines and will comply with the development standards set forth in Chapter 41 of the Santa Ana Municipal Code including parking, trash enclosure, and open space. 31A-8 CUP 2014 -49, VA No. 2014 -07 & VA No. 2014 -08 December 8, 2014 Page 7 The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Allowing a reduction in the front and rear yard setbacks as well as the building separation standard will accommodate the placement of the existing buildings and will allow the owner the ability to develop the property with a care home facility that is compatible with the Two - Family Residence (R2) zoning district. Compliance with the setback standards would result in portions of the existing structures to be demolished, which would reduce the feasibility of the proposed expanded care home and impact the property rights of the owner. The granting of the variance will not be materially detrimental to the public or surrounding properties as the buildings and site have been designed to comply with all applicable development standards except for the front and rear yard setbacks and building separation standard. The expanded office building, to be built in the center of the campus, along with the related site improvements and landscaping, will enhance this property as well as the surrounding properties. The rehabilitation of the two residential structures at 325 Susan Street, by reintroducing Craftsman architectural features such as decorative porch piers, wood window trim and wood siding accents at the eaves, will enrich the street elevation and ensure the project is architecturally compatible with the adjacent neighborhood. Finally, the project will not adversely affect the general plan as care facilities are a compatible use In the Low Density Residential General Plan land use designation, In addition, the project is consistent with several goals and policies of the General Plan. Specifically, Land Use Element Policy 2.10 supports new development which is harmonious in scale and character with the existing development and Policy 3.5 encourages new development that is compatible in scale, and consistent with the architectural style and character of the neighborhood. The existing care facility, in conjunction with the improvements to be made to the site, will be in scale and compatible with the development pattern of the neighborhood. Housing Element Goal 2 seeks to provide a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. The John Henry Foundation currently provides housing and support services for special needs and the developmental disabled population. The proposed project will allow the Foundation to expand upon the services they provide. Variance from Front Yard Fence Standards (Variance No. 2014 -08 The applicant is requesting a variance from SAMC Section 41- 610 to allow a six foot high decorative wrought iron fence and entry gates along Susan Street. Currently, three feet is the maximum fence height allowed within the front yard setback. The applicant contends that the increased fence height will allow the John Henry Foundation to provide a more secure environment for their special needs and developmentally disabled residents. 31A-9 CUP 2014 -49, VA No. 2014 -07 & VA No. 2014 -08 December8, 2014 Page 8 Variance requests are governed by Section 41 -638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property. • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. In analyzing the variance requests staff must be able to show that findings can be made that support the criteria listed above. • The project site has a special circumstance related to its size, shape, location and surroundings. The property Is located on Susan Street between First and Fifth Streets and Is primarily surrounded by lower density residential development. The increase in the height of the fence is needed in order to allow the property owner the ability to use the facility to its maximum potential and ensure the privacy and safety of its residents. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Allowing relief from the maximum three -foot high front yard fence requirement will allow the owner the ability to develop the property with a care home facility that provides a secure environment and is compatible with the Two - Family Residence (R2) zoning district. Without the proposed six -foot high wrought iron fence, the care home operation and site security would be compromised, which impacts the property rights of the owner. The granting of the variance will not be materially detrimental to the public or surrounding properties as the building and site have been designed to comply with the majority of the applicable development standards. The applicant is proposing to replace an existing six-foot high chain link fence with a six -foot high decorative wrought iron fence and gate with a landscape buffer along Susan Street to enrich the streetscape and pedestrian walking experience, 31A -10 CUP 2014 -49, VA No. 2014 -07 & VA No. 2014 -08 December 8, 2014 Page 9 The project will not adversely affect the general plan as care facilities and ancillary fencing are a compatible use in the Low Density Residential General Plan land use designation. In addition, the project is consistent with several goals and policies of the General Plan. Specifically, Land Use Element Policy 2.10 supports new development which is harmonious in scale and character with the existing development and Policy 3.5 encourages new development that is compatible in scale, and consistent with the architectural style and character of the neighborhood. The proposed fencing for the existing care facility, in conjunction with the improvements to be made to the site, will be in scale and compatible with the development pattern of the neighborhood, Public Notification The project site is located within the Santa Anita Neighborhood Association boundaries. Staff and the project applicant have been in contact with the Neighborhood leaders on numerous occasions in the past. The John Henry Foundation and Neighborhood Improvement staff has attended several Neighborhood Association meetings over the past two years 'to share information regarding the proposed care home expansion. In spring of 2014, Santa Anita neighborhood leaders toured the existing John Henry Foundation Village. City staff also reached out to the owner of the multiple - family property to the south to inform them of the project. The contacts of the Neighborhood Association were notified by mail 10 days prior to this public hearing. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to surrounding property owners and tenants within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Analysis In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15301 and Section 15332. These exemptions allow a project that includes the rehabilitation and limited expansion of an existing structure as well as infill development on a project site that is no more than five acres in size, is surrounded by urban uses, and is consistent with goals and policies of the City's General Plan. Categorical Exemption Environmental Review No. 2013- 29 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Goal No. 5 Community Health, Livability, Engagement and Sustainability, Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve livability in Santa Ana neighborhoods). 31A-1 1 CUP 2014 -49, VA No. 2014 -07 & VA No. 2014 -08 December 8, 2014 Page 10 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -49, Variance No. 2014 -07 and Variance No 2014 -08 as conditioned. Melanie G. McCann, AICP Associate Planner MM:jm MAREPORTWO\GUP 14 -49 VA 14.O OS pcAm Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Existing Land Use Map Exhibit 3 —Site Photo Exhibit 4 — Site Plan Exhibit 5 -- Floor Plans Exhibit 6 —Building Elevations Exhibit 7 Preliminary Landscape Plan 31A -12 ro ro S I .Ru g Al GEJMAGRaMU7AL} OR -0 MMNGMMIRM ON GC C,W CGMMMALS"WAIN MI CI COMMUMNMMMUML M2 GIND COMM. 00MMMAVMUMIM UIMMr MO Q GEIEPALMMMEFUAL 'U Q CENTWUGNE'S P Q CZMLW9NMAM9MLLAGE PCD CA PLANNE)910PENGCeM FR) 0 ARIERALMMMMAL MMMECALFE[O MAL GOVkMMHgTmm LOMNDUSTRAL HFAW INDUSMAL MILITARVG'-F+AMN9 CPEVSRCE FDFMML RANNE) ODMMUNITYDEh10FME FI.ANNFD FffiDEQI7ALOE4 OPMWf RI 9NGEFPMII.YFxSOEdIIAL. R+' iNC3FAMILVfE3UFNCE W MULTIFTED WMULIPLE FAMILYFaDE{CE PA SIEUIMANAFARIM&ITS fE i DMTAL6 AM - so SPMRCDEVMQa MT SP SrMSOPLAN CUP 2014 -49 /VA 2014 -7 & 8 JOHN HENRY FOUNDATION CARE HOME 403 NORTH SUSAN STREET - -. =500 FEE-' V= 000 PEEP P L A N N I N G A N D 6 U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 31A -13 C M M E R I A L ": M 1 S C C I T Y COM ERCIAL COMM. vi 5TH STREET z CO M RCI L z COMM RCIAL u COMMERCIAL w w z ` w w w RQaI�,;.T v W w v w w w - A ILY SI ENCE ul n r SINGLE J FAMILY RESIDENCE w LL LL M.F.R. w w w J LE MULTI J FAMILY FAMILY w v z RESIDENCE RESIDENCE 5 vi ¢ = M.F.R. CUP 2014 -49 /VA 2014 -7 & 8 JOHN HENRY FOUNDATION CARE HOMES 403 NORTH SUSAN STREET �y P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A -14 J � ..,'' _(g 1 x� } 545, 4�\ Fry�4 F �� K ,� ktt A��1, 1l '• a r4< 3abJ n4,.F,�i f°.t`'assF� v {,ice 4 \ � a i► SF A �T! �, ; +y, x3'E ix It 4 n NV-Id 3L8 IMM•x.� ww,x.MOf. 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I I I 5 I r I SHE. € R�y2 W 0 s Alxh' Al -4, Page 2 of 6 Un 8 a� �g gx nd _ I I I S U `s —2 I I I �x I I D Page 3 of 6 6 mM V M i 8 p y � s �aa�p6 B � ; PM.m. e TRx�mTbA+ M, ; 4�10 a 7 fY; -7 7 �Page 4 of 6 �y Y II I r I t C I m H i I q .� r 1 FiF - — L ------------------------ � -T C f � I d 3 M �^ ° i, Page 5 of 6 @ }w � R � E19 Emui _ • � S { jig EXHIBIT 6 Page I of 2 A A 0%3 vE iE Page 2 of 2 !A-24 r 41"'MWc+ME1 RESOLUTION NO. 2014 -47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -49 AS CONDITIONED TO EXPAND AN EXISTING CARE HOME FACILITY, VARIANCE NO. 2014 -07 AS CONDITIONED TO ALLOW A REDUCTION IN BUILDING SETBACKS, AND VARIANCE NO. 2014 -08 AS CONDITIONED TO ALLOW A SIX FOOT HIGH FRONT YARD FENCE FOR THE PROPERTY LOCATED AT 325 THROUGH 403 NORTH SUSAN STREET 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. Applicant is requesting approval of Conditional Use Permit No. 2014 -49 to expand an existing care home facility, Variance No. 2014 -07 to allow a reduction in building setbacks, and Variance No. 2014 -08 to allow a six foot high front yard fence at 325 through 403 North Susan Street. B. Conditional Use Permit No. 2014 -49, Variance No. 2014 -07, and Variance No. 2014 -08 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on December 8, 2014, to consider all testimony, written and oral. C. Conditional Use Permit No. 2014 -49 has been filed with the City of Santa Ana seeking to allow the expansion of an existing care home facility 1. Section 41- 247.5(b) of the Santa Ana Municipal Code requires a conditional use permit for care homes in the R2 district. 2. This site contains seven buildings: five residential structures, an administrative office, and meeting room functions. A conditional use permit is needed to expand the existing John Henry Foundation care facility to incorporate two existing residential structures to the south. 3. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Resolution No. 2014 -47 Page 1 of 12 31A-26 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 project will provide a service or facility which will contribute to the community. Expanding the current care home will provide additional housing and support services for those in need in the community. As part of the expansion, the site will be improved with additional open space, decorative wrought iron fencing and other aesthetic improvements to create a pleasant environment for the care home residents as well as the surrounding neighborhood. Further, the care home will provide a safe and nurturing environment for people living with schizophrenia spectrum disorders; that might otherwise be without housing and key support services. 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 expansion of the care home and support services to serve 12 additional residents will not be detrimental to persons residing or working in the area as the facility is located within an area of the City that is predominantly residential in nature. The John Henry Foundation care home provides services to care for some of the most vulnerable members of society, in a well maintained and supportive environment. Finally, the project design and ongoing site management will mitigate any negative or adverse impacts created by the use that could otherwise affect the health, safety, or general welfare of the surrounding neighborhood and businesses. Will the proposed use 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, but instead will provide a well maintained and operated service to the community. The expanded care home would include improvement to the property and streetscape including new decorative fencing, additional landscaping, and architectural enhancements. In addition, a number of Resolution No. 2014 -47 Page 2 of 12 31A-27 the care home residents attend local colleges and volunteer at a number of community locations contributing the overall community. The use of the site as a secured care home, in conjunction with the improvements that will be made to the site, will enhance the economic viability of the area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The use will be in compliance with all regulations and provisions of Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. Site improvements are proposed to the parking and on -site circulation that will bring the site into compliance with the Zoning Code. The remaining items that are not in compliance with the Zoning Code are intended to be addressed by the requested variances for setbacks, building separation, and front yard fence. V. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan, but rather support its goals. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs. Goal 2 encourages uses that enhance the City's economic and fiscal viability. The care home expansion will further these goals as the care home expansion includes physical improvements to enhance the property, thereby contributing to the overall integrity of the neighborhood. Housing Element Goal 2 seeks to provide a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. Goal 4 seeks adequate housing opportunities and support services for people with disabilities, and people needing emergency, transitional or supportive housing. D. Variance No. 2014 -07 has been filed with the City of Santa Ana seeking to allow: (a) a reduction in front yard setbacks for 325 and 403 North Susan Street; (b) a reduction in rear yard setbacks for 325 and 403 North Susan Street; and, (c) a reduction in building separation setbacks for 325 and 403 North Susan Street. Resolution No. 2014 -47 Page 3 of 12 31A-28 1. Section 41 -249 of the Santa Ana Municipal Code requires a twenty (20) foot front yard setback; section 41 -251 of the Santa Ana Municipal Code requires a fifteen (15) foot rear yard setback; and, section 41 -254 of the Santa Ana Municipal Code requires a fifteen (15) foot separation between primary structures. 2. Approval of the variance will recognize the location of the existing buildings and allow the existing 17 feet, 6 inch to 19 feet, 6 inch front yard setbacks to remain. In addition, relief is requested from the 15 feet rear yard setback to allow a rear yard setback of 10 feet for Building 5, as well as relief from the 15 feet separation requirement between Building 1 and 8, which is only 10 feet. 3. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a variance upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of provisions of this Chapter. The project site has a special circumstance related to its size, shape and location. The property is located just north of First Street on Susan Street and is bound by existing development. The existing structures on the subject lot were originally constructed prior to 1970 in their existing locations, thus creating challenges in reconfiguring the site for expansion. The overall project site will be upgraded to comply with the Citywide Design Guidelines and will comply with the development standards set forth in Chapter 41 of the Santa Ana Municipal Code including parking, trash enclosure, and open space. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Allowing a reduction in the front and rear yard setbacks as well as the building separation standard will accommodate the placement of the existing buildings and will allow the owner the ability to develop the property with a care home facility that is compatible Resolution No. 2014 -47 Page 4 of 12 31A-29 with the Two - Family Residence (R2) zoning district. Compliance with the setback standards would result in portions of the existing structures to be demolished, which would reduce the feasibility of the proposed expanded care home and impact the property rights of the owner. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public or surrounding properties as the buildings and site have been designed to comply with all applicable development standards except for the front yard, side yard setbacks and building separation standard. The expanded office building, to be built in the center of the campus, along with the related site improvements and landscaping, will enhance this property as well as the surrounding properties. The rehabilitation of the two residential structures at 325 Susan Street, by reintroducing Craftsman architectural features such as decorative porch piers, wood window trim and wood siding accents at the eaves, will enrich the street elevation and ensure the project is architecturally compatible with the adjacent neighborhood. iv. That the granting of a variance will not adversely affect the General Plan of the City. Finally, the project will not adversely affect the general plan as care facilities are a compatible use in the Low Density Residential General Plan land use designation. In addition, the project is consistent with several goals and policies of the General Plan. Specifically, Land Use Element Policy 2.10 supports new development which is harmonious in scale and character with the existing development and Policy 3.5 encourages new development that is compatible in scale, and consistent with the architectural style and character of the neighborhood. The existing care facility, in conjunction with the improvements to be made to the site, will be in scale and compatible with the development pattern of the neighborhood. Housing Element Goal 2 seeks to provide a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Resolution No. 2014 -47 Page 5 of 12 31A-30 Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. The John Henry Foundation currently provides housing and support services for special needs and the developmental disabled population. The proposed project will allow the Foundation to expand upon the services they provide. E. Variance No. 2014 -08 has been filed with the City of Santa Ana seeking to allow an increase in the front yard fence height. 1. Section 41- 610(a)(1) of the Santa Ana Municipal Code limits front yard fences in the R2 district to three (3) feet in height. 2. The applicant is requesting a variance to allow a six (6) foot high decorative wrought iron fence and entry gates along Susan Street. The applicant contends that the increased fence height will allow the John Henry Foundation to provide a more secure environment for their special needs and developmentally disabled residents. 3. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a variance upon making certain findings. i. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The project site has a special circumstance related to its size, shape, location and surroundings. The property is located on Susan Street between First and Fifth Streets and is primarily surrounded by lower density residential development. The increase in the height of the fence is needed in order to allow the property owner the ability to use the facility to its maximum potential and ensure the privacy and safety of its residents. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Allowing relief from the maximum three -foot high front yard fence requirement will allow the owner Resolution No. 2014 -47 Page 6 of 12 31A-31 the ability to develop the property with a care home facility that provides a secure environment and is compatible with the Two - Family Residence (R2) zoning district. Without the proposed six -foot high wrought iron fence, the care home operation and site security would be compromised, which impacts the property rights of the owner. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public or surrounding properties as the building and site have been designed to comply with the majority of the applicable development standards. The applicant is proposing to replace an existing six -foot high chain link fence with a six -foot high decorative wrought iron fence and gate with a landscape buffer along Susan Street to enrich the streetscape and pedestrian walking experience. iv. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the general plan as care facilities and ancillary fencing are a compatible use in the Low Density Residential General Plan land use designation. In addition, the project is consistent with several goals and policies of the General Plan. Specifically, Land Use Element Policy 2.10 supports new development which is harmonious in scale and character with the existing development and Policy 3.5 encourages new development that is compatible in scale, and consistent with the architectural style and character of the neighborhood. The proposed fencing for the existing care facility, in conjunction with the improvements to be made to the site, will be in scale and compatible with the development pattern of the neighborhood. F. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15301 and Section 15332. These exemptions allow a project that includes the rehabilitation and limited expansion of an existing structure as well as infill development on a project site that is no more than five acres in size, is Resolution No. 2014 -47 Page 7 of 12 31A-32 surrounded by urban uses, and is consistent with goals and policies of the City's General Plan. Categorical Exemption Environmental Review No. 2013 -29 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves: Conditional Use Permit No. 2014 -49, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow the expansion of a care home facility at 325 through 403 North Susan Street; Variance No. 2014 -07, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow: (a) a reduction in front yard setbacks for 325 and 403 North Susan Street; (b) a reduction in rear yard setbacks for 325 and 403 North Susan Street; and, (c) a reduction in building separation setbacks for 325 and 403 North Susan Street; and, Variance No. 2014 -08, as conditioned in Exhibit "C" attached hereto and incorporated herein, to allow an increase in the front yard fence height at 325 and 403 North Susan Street. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 8, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 8th day of December, 2014. AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney Eric Alderete Chairman 31A-33 Resolution No. 2014 -47 Page 8 of 12 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2014 -47 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 8, 2014. Date: Planning Commission Secretary City of Santa Ana 31A-34 Resolution No. 2014 -47 Page 9 of 12 Conditions for Approval for Conditional Use Permit No. 2014 -49 Should the Planning Commission approve Conditional Use Permit No. 2014 -49, the approval is subject to compliance, to the reasonable satisfaction of the Planning Manager, 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 rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2013 -04 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Landscaping, once installed, shall be maintained per the approved landscape plan. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy and per the approved plan. 4. The temporary modular structure on the site is to be removed and replaced with a permanent structure, within one year of the conditional use permit approvals. 5. Provide the Planning Division a recorded copy of Lot Merger to consolidate the two existing properties into one. 6. Provide an operation and management plan describing on -site security and good neighbor communication practices, to be approved by the Planning Manager prior to issuance of building permit. B. Orange County Fire Authority The applicant shall comply with all provision from the Orange County Fire Authority for care facility uses. Resolution No. 2014 -47 Page 10 of 12 31A-35 Conditions for Approval for Variance No. 2014 -07 Should the Planning Commission approve Variance No. 2014 -07, the approval is subject to compliance, to the reasonable satisfaction of the Planning Manager, 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 rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division All proposed improvements must conform to the Site Plan Review approval of DP No. 2013 -04 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Landscaping, once installed, shall be maintained per the approved landscape plan. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy and per the approved plan. 4. The temporary modular structure on the site is to be removed and replaced with a permanent structure, within one year of the conditional use permit approvals. 5. Provide the Planning Division a recorded copy of Lot Merger to consolidate the two existing properties into one. 6. Provide an operation and management plan describing on -site security and good neighbor communication practices, to be approved by the Planning Manager prior to issuance of building permit. B. Orange County Fire Authority The applicant shall comply with all provision from the Orange County Fire Authority for care facility uses. Resolution No. 2014 -47 Page 11 of 12 31A-36 Conditions for Approval for Variance No. 2014 -08 Should the Planning Commission approve Variance No. 2014 -08, the approval is subject to compliance, to the reasonable satisfaction of the Planning Manager, 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 rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division All proposed improvements must conform to the Site Plan Review approval of DP No. 2013 -04 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Landscaping, once installed, shall be maintained per the approved landscape plan. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy and per the approved plan. 4. The temporary modular structure on the site is to be removed and replaced with a permanent structure, within one year of the conditional use permit approvals. 5. Provide the Planning Division a recorded copy of Lot Merger to consolidate the two existing properties into one. 6. Provide an operation and management plan describing on -site security and good neighbor communication practices, to be approved by the Planning Manager prior to issuance of building permit. B. Orange County Fire Authority The applicant shall comply with all provision from the Orange County Fire Authority for care facility uses. Resolution No. 2014 -47 Page 12 of 12 31A-37 31A-38