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HomeMy WebLinkAboutPC RES 4165RESOLUTION 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building has been upgraded so that, with Planning Commission Concurrence, Conditions 1 and 2 of Resolution No. 2448 are no longer applicable and may considered moot.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. ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) _ .____, TEVE K Chairperson 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. t~ y~~~ ~~ ~~~~ 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 property. 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 CODES (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.