Loading...
HomeMy WebLinkAboutPC RES 346510 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3465 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 96-019, AUTHORIZING THE CONVERSION OF AN EXISTING THREE (3) UNIT APARTMENT COMPLEX AND A SIX (6) PERSON RESIDENTIAL CARE FACILITY TO A SIXTEEN (16) PERSON REST HOME FOR THE ELDERLY AT THE PROPERTY LOCATED AT 14752 HOLT AVENUE. The Planning Commission of the 'City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A· A proper application, Conditional Use Permit 96- 019, has been filed by James Kincannon on behalf of Arthur and Zeny Remigio to request approval to convert an existing three (3) unit apartment complex and 'a six. (6) person residential care facility to a sixteen (16) person rest home for the elderly. B · A public hearing was duly noticed,-called and held by the Planning Commission on September 23, 1996.. C. That establishment, maintenance and operation of the use applied for will not, Under the . circumstances of this case, be detrimental to the health~ safety, morals, comfort or general welfare of the persons residing or working in the neighborhood of such proposed use, nor to the general welfare of the City of Tustin'as evidenced by the following findings: The proposed use, as conditioned, will not be detrimental to the surrounding properties in that the use as applied for is in conformance with Tustin's General Plan and ZoningCode. . The use shall be licensed by the State of California Social Services Department as a sixteen (16) person rest home for the elderly. 10 11 12 13 14 15 16 17 18 19 20 21 24 25 26 27 28 Resolution No. 3465 Page 2 D· · As conditioned, the' use will not have a negative affect on' surrounding property owners, or impact the availability of .off- street parking in that the use. shall be restricted to accepting only elderly residents that are not capable of living adequately under their own care and supervision and that do not own, maintain, or operate motor vehicles. The proposed rest home, therefore, will have no impact on the health, safety, morals, comfort or general welfare of individuals residing or working in the vicinity Of the subject rest home. As conditioned, the' use is comPatible with the surrounding neighborhood in that most activities will be conducted within the building. The surrounding uses are primarily two-story residential apartment complexes which makes the proposed rest home acceptable at this location. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of the proposed rest home will not' impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: · · Height,. bulk and area of the building· S~tbacks and site planning· · · Exterior materials and colors. · Size and spacing of windows, doors and-other openings. · Physical relationship of proposed structure to existing structures in the neighborhood. That the proposed project is categorically exempt (Class 1) pursuant to the California Environmental Quality Act Section 15301. 10 11 12 Resolution No. 3465 Page 3 II. The Planning Commission hereby approves Conditional Use Permit 96-019 to authorize the conversion of an existing three (3) unit apartment complex and an existing six (6) person residential care facility to a sixteen (16) person rest home for the elderly, at the property located at 14752 Holt Avenue, .subject to the conditions contained in Exhibit A, attached hereto. PASSED ANDADOPTED at a regular meeting of the Tustin Planning Commission, held on the 23rd day of September, 1996. Secretary Chairman 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY'OF TUSTIN ) I, BARBARA REYES the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3465 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of September, 1996. Recording Secretary 28 EXHIBIT A RESOLUTION NO. 3465 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 96-019 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans.for the project date stamped September 23, 1996, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also-approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City. Code. (1) 1.2 The developer shall hold and defend the City of Tustin harmless from all claims and liabilities out of the City' s approval of the entitlement process for this project. (1) 1.3 Approval of Conditional Use Permit 96-019 is contingent upon the. applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.4 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.5 The subject project approval shall become null and void unless permits for the proposed project are.issued within eighteen (18) months of the date of this Exhibit and substantial construction is underway. Time extensions may be.granted if a written request is received.by the Community Development Department within thirty (30) days prior to expiration. SOURCE CODES (1) STANDARD CONDITIONS (2) PLANNXNG ~OMMISSION POLICY (3) MUNICIPAL CODE * * * EXCEPTION (4) UNIFORM BUILDING CODE (5) RESPONSIBLE AGENCY REQUIREMENT Exhibit A - Resolution No. 3465 Conditional Use Permit 96-019 Page 2 USE RESTRICTIONS (1) 2.1 Occupancy shall not exceed sixteen (16) residents. The number of beds provided within the facility shall correspondingly be limited to sixteen .(16)'. (1) 2.2 Prior to obtaining a Certificate of Use and Occupancy, (5) the applicant shall obtain a valid license as required by the State of California Social Services Department for the operation of a sixteen (16) resident rest home for the elderly. A copy of such State License shall be provided to the Community Development Department. (1) 2.3 The use of the facility shall be-restricted to a rest home for the elderly which accepts only elderly residents that are not capable of living adequately under their own care and supervision and that do not own, maintain, or operate motor vehicles. *** 2.4 Visiting h6urs for the facility shall be limited to the hours between 8:00 a.m. and 9:00 p.m. SITE PLAN (1)' 3.1 Details of th~ t~ash enclosure shall be provided on the construction drawings and shall included solid metal gates painted to match the building. ('1) 3.2 The design, material and color of the existing front building shall match with the proposed design, material and color of the rear building, as shown on submitted color elevations. BUILDING DIVISION (4) ~.1 At building plan check, the following items shall be submitted: a . Construction plans, structural calculations and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Handicap .and Energy Requirements shall be complied with as approved by the Building Official. Exhibit A. - Resolution No. 3465 Conditional Use Permit 96-019 Page 3 b. Preliminary technical details and plans for all utility installations, including Cable TV, telephone, gas, water and electricity. Addition- ally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official (1) 4.2 Ail construction operations, including engine warm up, deliveries of materials and e.cfuipment, shall be subject to the provisions of the City of Tustin Noise Ordinance as amended, and may take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday, unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired, subject to application being made at the time the permit for the work is awarded or during progress of the work. No Sunday or holiday construction ~hall be permitted. (1) 4.3 The shared spaces, bedrooms, bathrooms, toilets, (5) entrances, path of travel and a van accessible parking space shall be accessible to persons with disabilities. ENGINEERING DIVISION (1) 5.1 Both driveway aprons will need to be reconstructed and/or (5) modified to meet current Americans with Disabilities Act (ADA) requirements. Driveway approach slope shall not exceed 10 percent and a minimum of four feet at 2 percent .at the rear of the driveway approach shall be provided or other alternative design approved by the City Engineer. (1) 5.2 The property will require .annexation to the Tustin (5) landscape and lighting district. The Public Works Department will require a letter from the property owner stating this annexation will not be protested. Exhibit A - Resolution No. 3465 Conditional Use Permit 96-019 Page 4 LANDSCAPING (1) 6.1 At plan check, detailed landscaping plans shall be submitted reflecting the following: a) b) c) Turf is unacceptable for grades over 25 percent A combinati6n of planting materials shall be used, ground cover on large areas alone is- not acceptable. Provide a minimum of one 15 gallon size tree for every 30 feet of property line on the easterly property perimeter and shrubs where landscaping is provided shall be a minimum five (5) gallon size. (1) 6.2 Landscaping shall be maintained in a neat and healthy condition, this will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, and regular watering. FEES (1) 7.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the'following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. Building plan check and permit fees to the Community Development Department based on the most current schedule. B. School facilities fee to the Tustin Unified School District-subject to any. agreement reached and executed between the District and. the applicant. (1) 7.2 Within forty-eigh~ '(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 $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the p~oject. If within such forty-eight. (48) hour period that 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.