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HomeMy WebLinkAbout02 Amendment to PC Reso 2448Report to the Planning Commission DATE: JANUARY 11, 2011 ITEM ^#2 ~,,,,~, _ SUBJECT: AMENDMENT TO PLANNING COMMISSION RESOLUTION NO. 2448 APPLICANT: MICHAEL K. FRAZIER (ON BEHALF OF CSL TUSTIN, LP) FRAZIER GROUP 4712 TUCANA YORBA LINDA, CA 92886 PROPERTY CSL TUSTIN, LP OWNER: ATTN: MICHAEL J. DAMONE 850 STEPHENSON HWY. #200 TROY, MI 48083 PROPOSED 1262 BRYAN AVENUE LOCATION: GENERAL PLAN: HIGH DENSITY RESIDENTIAL ZONING: PLANNED COMMUNITY MULTIPLE FAMILY (PCMF) ENVIRONMENTAL: THIS PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER CEQA PURSUANT TO SECTION 15301 OF THE STATE CEQA GUIDELINES REQUEST:. A REQUEST TO AMEND PLANNING COMMISSION RESOLUTION NO. 244$ TO ALLOW AMBULATORY AND NON-AMBULATORY RESIDENTS ON THE FIRST AND SECOND FLOOR AND A MAXIMUM SIX (6) NON- AMBULATORY RESIDENTS ON THE THIRD FLOOR. RECOMMENDATION That the Planning Commission adopt Resolution No. 4165, approving a minor amendment to conditions of approval for Resolution No. 2448, to allow for ambulatory and non-ambulatory residents on first and second floor and a maximum of six (6) non- ambulatory residents on the third floor at an existing senior citizen board and care facility at 1262 Bryan Avenue. Planning Commission Report Amend PC Resolution No. 2448 Page 2 BACKGROUND On September 17, 1984, the City Council adopted Ordinance 917 approving Zone Change 84-4 for the development of a senior citizen residential board and care facility known as Cranbrook of Tustin, and formerly known as Tustin Royale. The project included rezoning the property from Single Family (R-1) zoning to Planned Community Multiple Family (PC-MF) zoning and developing athree-story senior citizen board and care facility. On November 9, 1987, the Planning Commission adopted Resolution No. 2448 (Attachment A) amending the approval by allowing a maximum of six (6) non- ambulatory senior residents at the facility due to Building Code restrictions existing at that time. DISCUSSION The property owners have made improvements to the building to meet current Building Code requirements for anon-ambulatory resident facility (Attachment B). Based on the current Occupancy Code and on-site improvements, the senior board and care facility could have any combination of ambulatory and non-ambulatory residents on the first and second floor, and a maximum of six (6) non-ambulatory residents on the third floor. The applicant, on behalf of the property owners, submitted a request to amend the existing conditions of approval regarding restrictions on the number of non-ambulatory residents to allow more than the approved six (6) non-ambulatory residents. ENVIRONMENTAL ANALYSIS Proposed amendment is exempt from environmental review under CEQA pursuant to Section 15301 of the State CEQA Guidelines. This section provides that a project is exempt from environmental review where there is no or negligible expansion of the existing structure or use. FINDINGS An approval of the amendment to conditions of approval could be supported by the following findings: 1) That the facility will remain as a senior citizen board and care facility as approved by the City Council. 2) That the applicant has modified and upgraded the existing building to meet the requirements for ambulatory and non-ambulatory residents on the first and second floors and a maximum of six (6) non-ambulatory residents on the third floor. 3) That the proposed amendment is not a substantial change to the existing development and may be considered by the Planning Commission. Planning Commission Report Amend PC Resolution No. 2448 Page 3 4) That the building has been upgraded so that, with Planning Commission Concurrence, Conditions 1 and 2 of Resolution No. 2448 are no longer applicable and may be considered moot. i~ ~~ Edm nne V. Huffer Associate Planner Elizabeth A. Binsack Community Development Director Attachments: A -Resolution No. 2448 B -Submitted Plans C -Resolution No. 4165 S:\Cdd\PCREPORT\2011 Wmend Reso 2448 (Non-ambulatory).doc ATTACHMENT A PLANNING COMMISSION RESOLUTION NO. 2448 1 l 3 4 5 G 7 8 9 lU 1] 12 13 14 15 1G 17 1S 19 I 20 21 22 23 24 25 2G 27 28 RESOLUTION N0. 2448 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING APPROVAL OF AMENDMENT N0. 1 OF ZONE CHANGE 84-4, FOR THE PROPERTY KNOWN AS TUSTIN ROYALE, 1262 BRYAN AVENUE The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines: A. That a proper application has been filed by Goldrich, Kest and Associates requesting authorization to amend the development plan for Tustin Royale (Ordinance No. 917) to allow a maximum of six (6) Han-ambulatory, walker assisted, senior residents at 1262 Bryan Avenue. B. That the development plan previously approved established a senior citizen residential board and care retirement home for occupants 55 years of age or older. C. That the amendment to the development plan as applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals and general welfare of the community and should be granted, evidenced by the following findings: 1. This amendment as proposed conforms with the provisions of the City's general plan and zoning ordinance which designated Tustin Royale as a senior citizen retirement Home. 2. The intent of this use was to allow diversification of land uses in order to accommodate this housing opportunity for the board and care of senior citizens. 3. The project may not be amended in any substantial fashion without approval by the City's Planning Commission and City Council. D. This project is Categorically exempt from the requirements of the California Environmental Quality Act as a Class I - Existing Facility which consists of the operation of a private facility involving no expansion of use beyond that previously existing. 1~ 2~ 3 4 5 6 r 8 9 lU 1] 12 13 14 15 1G 17 iS 19 i 20l 2l 22 23 24 25 2s 27 ~ 28~ Resolution No. 2448 Page two II. The Planning Commission hereby recommends to the City Council approval of Amendment No. 1 to Zone Change 84-4 Development Plan subject to the following conditions: 1. There shall be a maximum of six (6) non-ambulatory, walker assisted, senior residents at any one time. 2. These non-ambulatory persons shall be walker and cane assisted only, no bed-ridden or wheelchair guests are allowed. 3. These conditions shall become a part of the permit which is licensed and inspected by the Department of Social Services. 4. These conditions shall be added to the Covenant and Agreement dated March 4, 1987 for the Tustin Royale and recorded at the Orange County Recorder's Office. No final Certificate of Occupancy shall be granted to Tustin Royale until a copy of this recorded document is on file in the City Clerk's Office. 5. Any amendment to the plan shall be submitted for City approval prior to any alteration of the site or use. 6. All conditions of approval listed in Ordinance 917 are herein incorporated into this approval. PASSED A ADOPTE at a regular Planning Commission meeting on the '1! day of ~~, 1987. ~~ ' a by Weil Chairman renni roiey Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE } CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, Secretary of the P nning Commission Resolution No. ~ was duly the Tjistin Plann ng omm scion, held 198_ ~ivGiG~~<~~ PNN OLY Recording Secretary hereby certify that I am the Recording of the City of Tustin. California; that passed a ~dopted at gular,,mmeeeting of on the ~ day of d'dUJ?,.(.~U/ ATTACHMENT B SUBMITTED PLANS R2.1 -Residentially-based, licensed facility accomodoting more than six non-ambulatory clients. and may include ambulatory clients. R2.2 -Residentially-based, licensed facil"XY accomodating more than six ambulatory clients. This division may include 6non-ambulatory clients and shall not exceed Bnon-ambulatory. clients. ~. CBC 310.9.1.1 Smoka alarms aro requ'ved. CBC 310.9.1.6 Manual and automatic fire alarm system per the Firo code Chapters 3,9,J5. Exception-will not be required when supervised sprinkler system is installed. CRC 904.2.10 NFPA 13 system required CBC 1004.3.4 One hour corridors Specify comdom are protected. cec 1oO7.s.1 (see 1004.3.4) CBC 310.14.8 Exit Signs required CBC 310.14.10 Occupancy Separations CBC 1007.6.3.7.2 Enclosed stir exits CBC 1007.6.3.3 Corridor width 60' min. or justify 44" width. ~' ROOF 3RD FLOOR 1-HR FLR/CLG MIN SMOKE-> --- BARRIER WALL 2ND FLOOR 1-HR ~1-HR RR/CLG W4TED MIN MINIMUM src o[rK nn ~ CONCRETE SLAB SCHEIAAnC SECTION SMOKE CHAMBER MAXIMUM 22,500 S.F. RECLASSIFICATION OF OCCUPANCY- R-2.1, R 2.2, A-3, AND B FROM 1.2 TO R2.1Ai1.2 PER C.B.C. 2001 EDITION (SEC. 310) R2) ON LEVELS 1 ANO 2 R1.2 ON LEVEL 3 THREE STORY, 38 FEET ANALYSIS OF CAE: i. CONSTRUCTIONTYPE (SEC. BOt) CURRBNF-TYPEV 1HR (SEC. 808) PROPOSED-TYPEVIHR 2. ~ULLV SPRINKLED' 3. P.LLOWABLE BLDG NEIGH'f (FEET ANO STORES, SEC. 501) PER TABLE SA 3: STOREB, 6D FT. CALCULATKIN OF FLOOR AREA OF BUIL08J0 fIRST FLOOR: 20,5tt SECOND FLOOR: 78,111 THIRD FLOOR: 18,142 TOTAL: 52,~56S.F. FIRE REBISRVE FOR MATERV~LS- TABLE BA ALL 1 HOUR RATED EXISTING SRECHARACTERISTICS- ,a_e r- -____ _ __ __ I I I r,--r 1 I I W Q z~ } K 0] ' I I ~ W I 1 Mv. RAnNG OF OPENING OF EXT. WALLS REQUBiEO; NON RATED ALLOWABLE BLDG. FLOOR AREA TYrE 1 BASIC PER TAB E B EA (SF1 S . 5• L iD, .. 2. SE?ARATION FER 505.1.1 4,1343.F. Sib' (261DES) _ SU&TOTAL: 14,834 Sf. S tJt 3. FIRE SPRINLEES PER 606.3 14,8346F. ( DOUBLE AREA) 182Q8AlUlW.PEA WLR 610AY BI( 4.IdkiF6TOTY PER5M1 :SB,S38SF. YAX ALLOWABLE-ENIIHE (DOUBLE AREA) ALLOWABLE ACTUAL ENTIRE BUILDING 58538 S.F. 52,858 S.F. OX E4CH FLOOR 28,288 S.F. 20672 S.F. OJC OCCUPANCY SEPANATION SEE FLOOR LAYOUTS FOR BLDG SEPAMnON ABxED usE: DINING ROOM OCC. O.P. -A3:1,9219.F, OCCUPANCY SEPARATION REQUIRED FOR A3 8 R2 1-HOUR (PER TABLE 38) OCCUPANT LOAD (PER TABLE 16A) .2) 49,958 S.F. /300 S.F. PER OCC =187 DINING ROOM 1,821 S.F. 115 S.F. PER OCC =128 arcHEN 878 S.F.1200 S.F. PER OCC • 5 TOTAL OCCUPANTS: 300 iMOKE BARRIERS: (PER SEC. 310.2.3) DF MORE THAN 8,000 S.F.Ift00R SMOKE COLiPARTMENT SHALL NOT EXCEED 22,500 S.F. OR MORE THAN 150 L.F. IN ANY DIRECTKkI ALL FLOORS OF THIS BLDG ARE lES3 THAN12,500 S.F. FEILD VERIFICATION OF ALL SMOKE * SEALS AT FLOORS AND CEILINGS IS REQUIRED aw.,,~.aW~µ~,.»,lo~~.d~.~ .A,..uemi~M~mw•ru,en+w.e+w.mumen wr;imluamneawmA uma:miowr~6~ nav, kuomanxnr +~.vulm6urm••amlu!rm.snoew lm®a.+,i puxoaw.•. ncm.unwu ~°iw"`irtmun~oom` a~ nrwlmn4wuemulruaraa MWiI•aIYYM ~1~..~•ra.,~.,~ ~A.1~~ v.W J.IPMB•R~t11n0p1 M1g4fON. Allml®AIO u~°r.u::•°uN eauimo ww amrrwee~~~~~m~xxrtmrm rvaw6lun~inw~rwla'i.w°=aiw .~~ >m.,lr~~,r• rr n0.we [4116 bA NIY s'll! ~9tllM Nr. ,`.w~.rmr~rwr~mu ueola~6 mn.nm6.nm.~..rwue.aem, rxro.M~mav~.m~~ A•.6m w R~,x~.m,~. „TMw~n..,~,1, ~~ ~~~..~ i~mm.umaaw"w.am~ms w ~.1•mul ewnmw.u u, ~ n..1. 1 ~.6.rl~i `•w16.l~na .°."v ~.la:liari, _ ~w+nmm~ '"~YU en°O~uim'~"`~0wormoro s75 la,vnmm°•~.m"~,or•mv'~an:"'.,or a`=.mr G _ np~166tI~itllA~pU RNYTmI va'nOaMV O•ILL ~a~~~„1~:.~ n mau~u lw'~o~ir.~u.im ~•"0m.~a wlw~~,.~m.6 .~r~~a~.~.•• ~~~am,K~r.~~ax ,~_~ r,,r~.~l.~u,6 •~• }or.ala•m. ~mawun•. .~r.6m.erx«mm.~ ~n~ :m~•6u~ w n4n.16 SMOKE BARRIER WAIL EX1SInNG 2-HR WALL CONSTRUCnON PER DEfA1L t/CS-3, AS ORIGINALLY PERMITTED AND CONSTRUCTED SHALL BE llNLIZED TO CONFORM WITH REQUIREMEMS OF SECTIONS 308.2.2.1, 708 AND ]o9.e of cec 2ao1 Eo~noN. VERIFY IN FIELq EXISRNO AND NEW PENETRATKXNS ARE PROPERLY PROTECTED FOR SMOKE PENATRAnO NO HORIZONTAL DUCT PENETRATK)N3 EXIST OR WILL RE CONSTRUCTED THROUGH THESE BARRIERS. CRO53 CORRIDOR DOOR SHALL COMPLY WRH SMOKE BARRIER REQUIREMEMS. SEC.709.6 ~$- 12N[ 3R0 TOT SMOI CHA Ma•1,4Gt31S N AREA A- 6904.4 AREA D 1 4331. Mv2Ha3]e fl MwieW.016 R wa-1,e~l.aw rt Mo•IN././1 R SMOKE BARRIER WALLS EXHIBIT 3 N IL' N N t0 5 O m O Z LL i Q bJ ~ ~~ 2 xgxJ 2~ 0 SMOKE BPRRIER WALLS z 0 U W rn LL a !D EXHIBIT 2 ~ u.o-7os n t7 -_ Q ~ ARE B-1 a o6 s e n rt ~ ,v.a. , . 1 618 .4S anass n LL N r sssxv n a .e-2 N 0 0 ,~-,,ssl.se~n AREA C-1 ~ 3119.4 SF I- ~ Mr3,IIG.W n (~ OCCUPANCY ~ _ l1. ® SMOKE BARRIERS WALLS EXHIBIT 1 ®® OCCUPANCY SEPARATON AND SMOKE BARRIER WALL W A~ r 0 ~~o r H~~ N~+ j-' ~ e+~l EQ ~Q ~ ~W w ~V y ~~Wmm~ IL ~ ~ ~ r- U~ °~ ~Q~ ~n }r 1 E i 1~~~ y nw ow ow l 1 j ~ x~ ~, . Draw •+ ow. s L s~ ,~~ / / Pf4LNMY also ovr. suerr ~~ ~ ~ ~ p xr . vrvvrm oa~cr str CS-: ATTACHMENT C PLANNING COMMISSION RESOLUTION N0.4165 RESOLUTION NO. 4165 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AMENDING RESOLUTION NO. 2448 TO ALLOW AMBULATORY AND NON-AMBULATORY RESIDENTS ON THE FIRST AND SECOND FLOORS AND A MAXIMUM SIX (6) NON-AMBULATORY RESIDENTS ON THE THIRD FLOOR FOR AN EXISTING SENIOR BOARD AND CARE RETIREMENT HOME AT 1262 BRYAN AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application to amend Planning Commission Resolution No. 2448 was filed by Michael Frazier of Frazier Group on behalf of CSL Tustin LP requesting a minor amendment to the conditions of approval related to an existing senior board and care retirement home facility located at 1262 Bryan Avenue. B. That the site is zoned as Planned Community Multiple Family, designated as High Density Residential by the General Plan. C. That on September 17, 1984, the City Council adopted Ordinance No. 917 approving Zone Change 84-4 for the development of a senior citizen residential board and care retirement home facility. D. That on November 9, 1987, the Planning Commission adopted Resolution No. 2448 amending Zone Change 84-4 to allow a maximum of six (6) non- ambulatory residents at any one time due to Building Code restrictions at that time. E. That the facility will remain as a senior citizen board and care facility as approved by the City Council. F. That the applicant has modified and upgraded the existing building to meet the current Building Code requirements for ambulatory and non-ambulatory residents on the first and second floors and a maximum of six (6) non- ambulatory residents on the third floor. G. That the proposed amendment is not a substantial change to the existing development and may be considered by the Planning Commission. H. That the building has been upgraded so that, with Planning Commission Concurrence, Conditions 1 and 2 of Resolution No. 2448 are no longer applicable and may considered moot. Resolution No. 4165 Amend PC Resolution No. 2448 Page 2 That conditions of approval numbers 3 to 6 of Planning Commission Resolution No. 2448 remain valid and in effect. J. That where there is a conflict between Planning Commission Resolutions No. 2448 and No. 4165, Resolution No. 4165 shall supersede. K. That this project is Categorically Exempt pursuant to Section 15301, Class 1, Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves an amendment to Planning Commission Resolution No. 2448 to allow for ambulatory and non-ambulatory residents on the first and second floors and a maximum of six (6) non-ambulatory residents on the third floor. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 11t" day of January, 2011. STEVE KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4165 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11t" day of January, 2011. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4165 AMENDMENT TO PLANNING COMMISSION RESOLUTION NO. 2448 CONDITIONS OF APPROVAL (1) 1.1 Approval of the amendment to Planning Commission Resolution No. 2448 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. *** 1.2 Conditions of approval numbers 3 to 6 of Planning Commission Resolution No. 2448 remain valid and in effect. *** 1.3 Where there is a conflict between Planning Commission Resolutions No. 2448 and No. 4165, Resolution No. 4165 shall supersede. (1) 1.4 The applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. USE RESTRICTIONS (1) 2.1 There may be any combination of ambulatory and non-ambulatory senior residents on the first and second floors of the subject properly. There shall be a maximum of six (6) non-ambulatory senior residents on the third floor. (1) 2.2 Conditions of approval numbers 3 through 6 listed in Resolution No. 2448 are herein incorporated into this approval. (1) 2.3 Any minor modifications to the conditions of approval shall be reviewed and approved by the Director of Community Development. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Exhibit A Resolution No. 4163 Page 2 FEES (1) 3.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.