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HomeMy WebLinkAboutPC RES 2448 1 3 4 6 7 8 9 10 11 13 14 15 16 17 18 19 ~0 ~3 25 ~6 ~7 28 RE_SOLUTION NO. 2448 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING APPROVAL OF AMENDMENT NO. 1 OF ZONE CHANGE 84-4, FOR THE PROPERTY KNOWN AS TUSTIN ROYALE, 1262 BRYAN AVENUE The Planning Commission of the City of Tusttn does hereby resolve as fol lows' 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) non-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 amen'dment 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. The intent of this use was to allow diversification of land uses tn 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 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 2448 Page two II. The Planning Commission hereby recommends to the City Council approval of Amendment No. i 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. Se 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~I) ADOPTED~ at a regular Planning Commission meeting on the 9th day of November, 1987. ~hni Foley - J Secretary Chairman. STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the P)zn_ning Commission of the City of Tustin, California; that Resolution No ~/~/~' was duly passed a~nd~ .adopted at ~regular yneet.ing of the198 ~ttn Pl~nntng Commission, held on the C~e~ day of ~;~~?~~. , PENNI .FOLEY Recordi ng Secretary AGREEMENT TO CONDITIONS IMPOSED LIAR 03 Oft t~Nl'rY G1~11~t„QPA4~NT DEPT` I, the undersigned, hereby agree to comply with all conditions imposed by the Community Development Department and Planning Commission of the City of Tustin on approval of the Amendment to Resolution No. 2448 with conditions as stated in Exhibit A of Resolution No. 4165 attached to the letter dated January 12, 2011. e Michael K. Frazier Applicant Date: ~ ~ ~' ~ 1 ~ t~ ~-- Date: Michael J. Damone, ~SL Twin, LP Property Owner RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Director of Community Development 300 Centennial Way Tustin, CA 92780-3767 Space Above This Line For Recorder's Use Only AGREEMENT WITH CONDITIONS OF APPROVAL DISCRETIONARY PERMIT APPROVAL 1. Project Name: 2. Name of Applicant(s): 3. File Number: 4. Resolution No.: 5. Assessor's Parcel Number(s) of Property: 6. Street Address of Property: 7. Legal Description of Property: 8. Type of Discretionary Permit: 9. Property Owners: Amendment to Resolution No. 2448 Michael K. Frazier, Frazier Group N/A 4165 500-093-21 1262 Bryan Avenue Exhibit "A" Amendment to Resolution No. 2448 CSL Tustin, LP Attn: Michael J. Damone Notice is hereby given that a discretionary permit was approved by the City of Tustin for the Project at the Property, as described above. The discretionary permit was approved subject to certain specified conditions of approval which apply to the Property and to the use of the Properly. The Property Owner agrees to these conditions of approval and acknowledges that these conditions of approval run with the land and constitute express limitations and restrictions on the use of the Property. These conditions of approval are binding on all persons who own or occupy the Property. A copy of the discretionary permit and the conditions of approval are on file in the Office of the Director of Community Development of the City of Tustin. PR~ PERTY OWNERS) SIGNATURES: ~`~~ Date. (~:~ / ( Signature =~ ~ Signature Date: Notes: Legal Description of Property must be attached as Exhibit "A" Signatures of Owner(s) must be acknowledged before a notary public. Attach additional sheets for all property owner signatures. CALIFO1tNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE Off' C)f ~ COUNTY OF ~~ ~ /l ! _~{ ~~ ) ~:~A %' I l ~ ~ 2 Cl'ri 1 before me, ~ '7~f 'f !~C ~~~! 1 C~ DATE INSERT NAME, TITLE OF OFFICER - E.G.., "JANE DOE, NOTARY PUBLIC Personally appeared, Jib G.. f-~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~f ?,~ '~'-~ ~ ~ L~ _ ~ (BRAT") NOTA[EY PUBLIC SIGNATURE NUMBER OF PAGES OPTIONAL INFORMATION THIS OPTIONAL II~Q+OAMATI(Rd SBCITON ffi NOT BEQUIR®BY LAW HtIT MAY BB BFI~FtCIAI, TO PERSONS RFLYBVO ON THIS NOTARIZEa] DOCUA~i'T. TITLE OR TYPE OF DOCUMENT DATE OF DOCIJMQdT SIGNERS(S} pTHER THAN NAMED ABOVE SIGNER'S NAME LAURA 1. WOODHALL Notary Public, State of Michigan County of Macomb My Commission Expires Feb. 15, 2015 Acting in the County of ~'i To otda supplies, pkaac coots~x McGbBe insleaBCe Sarvioe~ inc ,~ roi~ e4e nQn. SIGNER'S NAME 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. 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.