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HomeMy WebLinkAbout02 CUP 2013-06AGENDA REPORT MEETING DATE: OCTOBER 21. 2013 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2013 -06 APPLICANT: PROPERTY OWNER: DON LEE ARCHITECT AMERICANA PROJECT ONE LLC 2501 N. HARTMAN ST. 150 N. SANTA ANITA AVE., #300 ORANGE, CA 92865 ARCADIA, CA 91006 LOCATION: 111 FASHION LANE GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL /BUSINESS ZONING: SP 10 - FIRST STREET SPECIFIC PLAN SUBAREA 3 - COMMERCIAL ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO ESTABLISH AND OPERATE AN ADULT DAYCARE FACILITY AND UTILIZE JOINT USE PARKING FOR THE PROJECT. Zoning Administrator October 21, 2013 CUP 2013 -06 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action No. 13 -010 approving Conditional Use Permit 2013 -06 to establish and operate an adult daycare facility utilizing joint use parking located at 111 Fashion Lane. APPROVAL AUTHORITY The project site is located within Subarea 3 of the First Street Specific Plan (SP 10) zoning district and is designated for commercial uses. Section III.C.1.b. of the First Street Specific Plan (FSSP) permits assisted living, rest homes, extended care facilities, and convalescent homes subject to the approval of a Conditional Use Permit (CUP). The proposed use is most similar to these uses. The applicant is also proposing to utilize joint use parking for the project pursuant to Section 9264a of the Tustin City Code (TCC) with the approval of a CUP. TCC Section 9299b3(f) authorizes the Zoning Administrator to review applications for minor conditional use permits for existing developments where there would be no change of primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. Pursuant to Section 9264a5. of the TCC, Zoning Administrator approval of a minor Conditional Use Permit is required for parking areas serving structures totaling less than thirty thousand (30,000) square feet. BACKGROUND The property is improved with a 21,850 square foot, two story building with basement. In 2010, permits were issued for significant tenant improvements to the building. These improvements were never fully completed and the permits have since expired. The building has been vacant since the tenant improvements began in 2010. New permits for tenant improvements will need to be obtained to prepare the building for the proposed use. The current property owner purchased the property in September of 2012. In addition to CUP 2013 -06, the applicant has submitted an application for Lot Line Adjustment (LLA) 2013 -04 under separate review for the property. The proposed lot line adjustment would remove a lot line which runs through the existing building and would consolidate the property into a single lot. Location The project site is located at the intersection on First Street and Fashion Lane. Adjacent properties are all commercial in nature and lie within Subarea 3 of the FSSP with the exception of the adjacent property to the north which is zoned as Planned Community Commercial (PC C). Office uses are located to the north and west of the property with a standalone bank to the east. Larwin Square shopping center lies to the south of the property across First Street. Zoning Administrator October 21, 2013 CUP 2013 -06 Page 3 PROJECT DESCRIPTION: The applicant is proposing an adult daycare center which would care for elderly individuals. According to the applicant, there is an unmet need for these services in the area. The use would cater to families which have taken in elderly relatives to live with them, but cannot provide complete care at all times for these elderly individuals. Services to be provided to the clients would include meals, recreation /socialization, personal care assistance, and exercise /physical fitness activities. The ground floor (8,960 s.f.) would be devoted to these services while the upper floors would contain medical office use and a beauty salon (8,960 s.f.). The intent of the medical office and beauty salon would be to primarily serve the adult daycare clientele; however, both uses would be open to the general public. Storage and administrative uses would occupy the 3,930 square foot basement. No nursing care, non - ambulatory care, or overnight care will be provided at the site. Tenant improvements to the facility will include both interior and exterior work on the property. Exterior improvements will involve a walled area with trellis to create a garden patio at the entrance of the building facing the parking lot. The walls will be finished in a smooth plaster and color palette to match the existing concrete walls of the buildings. An entry canopy will also be provided at the entrance of the building. A new or re- constructed trash enclosure would be required in accordance with the City's trash enclosure requirements. Improvements to the public right -of -way adjacent to the property would also need to be constructed by the applicant to meet current Federal Americans with Disabilities Act (ADA) requirements. Zoning Administrator October 21, 2013 CUP 2013 -06 Page 4 Fashion Lane Main Entrance Parking Lot First Street T Garden Patio 1 ,.rncuceece �• ��11�uccc ��I1nI /f neck I1Vf pva�Il 6 2 "d Floor Zoning Administrator October 21, 2013 CUP 2013 -06 Page 5 omuce I �ceer I A1xom+me I 0tO'°e MFc0 Basement Hours of Operation The facility is proposed to operate from 7:00 a.m. to 9:00 p.m. daily. In the future, the applicant hopes to extend those hours of operation to midnight. The extension of hours would be in response to a demand from clients wishing to obtain care for elderly members of the family if they have other activities scheduled for the evening and cannot care for these elderly family members. There are generally not many businesses within the immediate vicinity which remain open until midnight. However, allowing operations until midnight daily would not impact residential properties as the project site is predominately surrounded by commercial uses and the use is not anticipated to generate noise levels in excess of the limitations of the Tustin City Code. Joint Use Parking A parking analysis (Attachment D) for the project has been prepared by the firm Kunzman Associates, Inc., licensed traffic engineers. There are 71 parking spaces existing at the subject property. The project proposes to serve up to 180 clients with a staff of up to 44 persons; however, only 23 persons will be at the site at any given time. In addition to the daycare use there would also be 4,480 square feet of salon /beauty shop and another 4,480 square feet of medical office use. Based on the Tustin City Code parking requirements, the use would require a total of 96 parking spaces; however, the parking demand analysis has determined that the current 71 parking spaces at the subject property are adequate to serve the proposed project. The Public Works /Engineering Division has reviewed the submitted parking analysis and concurs that the parking analysis methodology supports the finding that the current 71 parking spaces on the site are adequate to serve the proposed project. FINDINGS: In determining whether to approve the Conditional Use Permit for the adult daycare center utilizing joint use parking, the Zoning Administrator must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, or general Zoning Administrator October 21, 2013 CUP 2013 -06 Page 6 welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin. A decision to approve this request may be supported by the following findings: 1) Assisted living, rest homes, extended care facilities, and convalescent homes are conditionally permitted uses within Subarea 3 of the First Street Specific Plan and the proposed adult daycare use is similar to said uses. 2) The proposed use would provide a service needed in the community to provide care for elderly individuals. 3) The facility is a standalone building with its own parking lot to accommodate clientele. No impacts to residential properties are anticipated as the project site is predominately surrounded by commercial uses and the use is not anticipated to generate noise levels in excess of the limitations of the Tustin City Code. All activities would occur within the building and garden patio area. 4) The joint use parking analysis prepared by Kunzman Associates, Inc., dated August 14, 2013, concludes that the existing 71 parking spaces at the subject property are adequate to serve the proposed project during peak parking demand. 5) As conditioned, Conditional Use Permit 2013 -06 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 2013 -06 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. Staff recommends that that the Zoning Administrator adopt Zoning Administrator Action No. 13 -010 approving Conditional Use Permit 2013 -06 to establish and operate an adult daycare facility utilizing joint use parking within an existing 21,850 square foot building located at 111 Fashion Lane. Ryan iontek Senior fanner Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Submitted Parking Analysis E. ZAA 13 -010 ATTACHMENT A LOCATION MAP LOCATION MAP CUP 2013 -06 111 FASHION LANE PMA _- PROJECT SITE 80ULEYMO N. PROSPECT AVENUE r- PROSPECT PMI( N. CMRTYARO FIERVYN'S SHOPPING CENTER om �OWECT JOSE --� P11— -- PROSPECT PMNS. —J '•.�e'•. R PL �c l j 300' s P SZSZSZ 5 i �- yew ES'fR�G STR OC � � C �j SECOND ST.. SUUARE Si. POLICE OEPM fMENt � CITY HALL 0 ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT 2013 -06 2. LOCATION: FIRST STREET & FASHION LANE 3. ADDRESS: 111 FASHION LANE 4. APN(S):401- 162 -09 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: LLA 2013 -04 6. SURROUNDING LAND USES: NORTH: COMMERCIAL SOUTH: COMMERCIAL EAST: COMMERCIAL WEST: COMMERCIAL 7, SURROUNDING ZONING DESIGNATION: NORTH: PCC - PLANNED COMMUNITY COMMERCIAL SOUTH: FIRST STREET SPECIFIC PLAN (SP -10) - SUBAREA 3 EAST: FIRST STREET SPECIFIC PLAN (SP -10) - SUBAREA 3 WEST: FIRST STREET SPECIFIC PLAN (SP -10) -SUBAREA 3 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PROFESSIONAL OFFICE SOUTH: PC COMMERCIAL /BUSINESS EAST: PC COMMERCIAL /BUSINESS WEST: PC COMMERCIAL /BUSINESS 9. SITE LAND USE: A. EXISTING: COMMERCIAL PROPOSED: COMMERCIAL B. GENERAL PLAN: PC COMMERCIAL /BUSINESS PROPOSED: SAME C. ZONING: FIRST STREET SPECIFIC PLAN (SP -10) PROPOSED: SAME DEVELOPMENT FACTS: 10. LOT AREA: 11. BUILDING S.F. 12. PARKING 1_0 ACRES APPROX. 21,850 S.F. 96 REQUIRED STALLS 71 PROVIDED STALLS PARKING ANALYSIS SUBMITTED FOR JOINT USE PARKING 13. IMPROVEMENTS: INTERIOR & EXTERIOR - WALLED PATIO AREA AND ENTRY CANOPY SUBMITTED PLANS Q1 � J `o C -smm OL S�qu a yA �� m°' Rx2 I OQ r$�� ti ai C7 �g om $ $ yy a i� t ri frd� ^ ij FI 4 g d�dk yayzy 1 d 6 i L g 3 F e < 4 H s4 4 �;ti a — t— r—__-°' —?—• —S °"°' i � - gee Y� T I � �� _I ' I� 4�� :� J � � z � y� � Y •.£ a tl S tt uo yU 533t e'2 ab H .�Yx2�CN y �d� �2 y Eli E ' N yy g }} + T5 f1 -0 -0-0 111 L � i r li y F ._ ". P,I J ✓ .1 1 O `c_�h5 $� a ��5$u���3} �� ;ssep � J iM g Y f 3NVl NOiH9VJ P t , I mgs?: {3`i O� z ai£stjf� `aid 1 f m� § e t'�iia (£ €£i,tfr [is ti�p4ti t $it! ik{ji$a3E$[�fttfila €it$�'ISI gq w - r€ asi Fir' f! / !, S ;aa E 1 (ii rya I!f $ tt ii�� $ L{ !£'tit t 'ti R t a£.tn'it� €s t➢ � \ \ 42 > - !),: � \ ca \ j4j .4h., §) � ` `i § \ - �� � ) \ �[ j4j .4h., �� � ) \ �[ ) � i co r.._ [ . . ATTACHMENT D SUBMITTED PARKING ANALYSIS KLINZMAN AssocIATES, INC. OVER 39 YEARS OF EXCELLENT SU VICE August 14, 2013 Ms. Agnes Yen AMERICAN FRANCHISE REGIONAL CENTER, LLC 150 North Santa Anita Avenue, Suite 300 Arcadia, CA 91006 Dear Ms. Yen: INTRODUCTION The firm of Kunzman Associates, Inc. is pleased to submit this parking analysis for the 111 Fashion Lane project. The project site is located at 111 Fashion Lane in the City of Tustin. The project site is presently vacant and is located on the northeast corner of Fashion Lane and First Street. Figure 1 shows an aerial photograph of the proposed project site. Figures 2 to 5 illustrate the proposed site plan. This report summarizes our methodology, analysis and findings. We trust that the findings, which are summarized in the front of the report, will be of immediate as well as continuing value to you and the City of Tustin in evaluating the project. Although this is a technical report, every effort has been made to write the report clearly and concisely. To assist the reader with those terms unique to transportation engineering, a glossary of terms is provided within Appendix A. FINDINGS 1. The project site is presently vacant and is located on the northeast corner of Fashion Lane and First Street in the City of Tustin. 2. The proposed project consists of a 21,850 square foot two -story building with basement. The basement is 3,930 square feet and the first and second stories are 8,960 square feet each. The second story is proposed to be developed with 4,480 square feet of medical office and 4,480 square feet of salon /beauty shop. The entire facility will operate as an adult daycare center. The basement will only be used for administrative purposes. It is anticipated that the project will have a maximum enrollment of 180 clients with 8 administrative staff employees, 20 Full - Time or 30 Part -Time program delivery aids (in two shifts), 6 food service employees, and 4 vans used for transportation. The hours of operation for the project site are 7 :00 AM to 9:00 PM Monday through Sunday, possibly extending to 12:00 Midnight in the future. 3. The project site currently provides a total of 71 on -site parking spaces. This parking study concludes that the 71 parking spaces are adequate to serve the facility. 1111 TowN & COUNTRY ROAD, SUITE 34 ORANDE. CALIFORNIA 92868 (714) 973 -8383 W W W.TRAFFIC- ENGINEER.COM Ms. Agnes Yen AMERICAN FRANCHISE REGIONAL CENTER, LLC August 14, 2013 PROJECT DESCRIPTION The proposed project consists of a 21,850 square foot two -story building with basement. The basement is 3,930 square feet and the first and second stories are 8,960 square feet each. The second story is proposed to be developed with 4,480 square feet of medical office and 4,480 square feet of salon /beauty shop. The entire facility will operate as an adult daycare center. The basement will only be used for administrative purposes. It is anticipated that the project will have a maximum enrollment of 180 clients with 8 administrative staff employees, 20 Full -Time or 30 Part -Time program delivery aids (in two shifts), 6 food service employees, and 4 vans used for transportation. The hours of operation for the project site are 7:00 AM to 9:00 PM Monday through Sunday, possibly extending to 12:00 Midnight in the future. CITY OF TUSTIN PARKING CODE The City of Tustin parking code requirements are included within Appendix B. The parking code require- ments indicate that the proposed project would require a total of 96 parking spaces (see Table 1). PARKING SURVEY LOCATIONS In order to ascertain if adequate parking is provided for the project site, parking surveys were conducted at similar locations provided by the applicant. The survey locations were based on the following criteria: 1) the location is a similar land use (adult daycare center), 2) the location operates solely as this land use and does not have ancillary land uses, and 3) the location has its own parking lot that is not shared with other nearby land uses. Based upon these criteria, it was determined that two facilities within Orange County met this criteria. Alzheimer's Family Services Center is located at 9451 Indianapolis Avenue in the City of Huntington Beach (see Figure 6) and Rehabilitation Institute is located at 2021 Calle Frontera in the City of San Clemente (see Figure 7). PARKING SURVEY Two adult daycare facilities in Orange County were surveyed. The information collected from these adult daycare facilities consists of the total square footage of the facility and the number of parking spaces provided (see Tables 2 and 3). The following information was obtained from the project applicant for the Alzheimer's Family Services Center. Approximately 50% of the 20,000 square foot facility is used for administration and education (classrooms and meeting spaces) and approximately 50% is used for medical model adult day care. The licensed capacity is 100 clients with approximately 70% transported to /from the facility by facility vans and approximately 30% transported to /from the facility by family members and caregivers. The facility has 35 full -time staff members which includes administration /management, commercial kitchen and food service, and program aides. There is a consultant staff for the medical program of 10 individuals with 3 to 5 at the facility each day of the week. While conducting the parking survey it was not feasible to discern how many employees were on staff at each point in time during the day. The hours of operation are 7:30 AM to 5:30 PM Monday through Friday. W W W.TRAFFIC- ENOINEER.COM Ms. Agnes Yen AMERICAN FRANCHISE REGIONAL CENTER, LLC August 14, 2013 Rehabilitation Institute declined to provide data concerning the operations of their facility. The hours of operation are 7:00 AM to 4:00 PM Monday through Friday. Alzheimer's Family Services Center had a surveyed parking space count of 35 for the 20,000 square foot facility. This results in a parking space per thousand square foot ratio of 1.75. Rehabilitation Center had a surveyed parking space count of 34 for the 14,069 square foot facility. This results in a parking space per thousand square foot ratio of 2.42. Both facilities had an overall parking space count of 69 for 34,069 square feet of adult daycare center. This results in a parking space per thousand square feet ratio of 2.03. ADULT DAYCARE FACILITIES OCCUPIED PARKING SPACE SURVEY Two adult daycare facilities in Orange County were surveyed by Kunzman Associates, Inc. staff. The information collected from these adult daycare facilities consists of the number of occupied parking spaces (see Table 2). Alzheimer's Family Services Center was surveyed on Wednesday July 31, 2013 and Rehabilitation Institute was surveyed on Thursday August 1, 2013. Both facilities were surveyed from 7:30 AM to 6:00 PM. As indicated in Table 2, the maximum number of occupied parking spaces at Alzheimer's Family Services Center is 31 parked vehicles from 10:00 AM to 10:30 AM. This results in a maximum occupied parking space per thousand square feet of 1.55 (see Table 3). As indicated in Table 2, the maximum number of occupied parking spaces at Rehabilitation Institute is 19 parked vehicles from 11:00 AM to 11:30 AM and 1:30 PM to 2:00 PM. This results in a maximum occupied parking space per thousand square feet of 1.35 (see Table 3). Both facilities had an overall surveyed maximum occupied parking space count of 50 for 34,069 square feet of adult daycare center. This results in a maximum occupied parking space per thousand square feet ratio of 1.47 (see Table 3). EXPECTED PARKING DEMAND Table 4 displays a summary of the parking data that was collected, and calculates parking rates for adult daycare facilities. The parking rates calculated that the maximum occupied parking space per thousand square feet ratio of 1.47 shows that 19 parking spaces are needed for the basement and first floor of the proposed project, and 33 parking spaces are needed for the total facility. The project was separated between the basement (administrative purposes only) and first floor and the total facility to show the difference in parking demand given that the second floor of the proposed project will be medical office and salon /beauty shop. The second floor will be utilized by the adult daycare center and can be utilized by the general public. W W W.TRAFFIC-ENGINEER.COM Ms. Agnes Yen AMERICAN FRANCHISE REGIONAL CENTER, LLC August 14, 2013 PARKING DEMAND SURVEY Table 5 displays a summary of the parking demand for the project site. The parking demand summary shows that the expected peak parking demand is 56 parking spaces utilizing the City of Tustin parking code requirements for the second floor and the maximum occupied parking space per thousand square feet ratio of 1.47 for the basement and first floor. The parking demand summary shows that the expected peak parking demand is 69 parking spaces utilizing the City of Tustin parking code requirements for the second floor and the maximum occupied parking space per thousand square feet ratio of 1.47 for the total facility. It should be noted that the parking demand summary for the total facility is a "worse case" analysis as it includes the City of Tustin parking code requirements for the second floor as well as factors in the second floor square footage into the observed adult daycare facility rate. This provides a double counting of the second floor but indicates there are adequate proposed parking spaces provided for the proposed project to utilize the second floor for both adult daycare services and general public services. Based upon the calculations shown in Table 5, the proposed 71 parking spaces at the 111 Fashion Lane project are adequate. CONCLUSIONS The project site is presently vacant and is located on the northeast corner of Fashion Lane /First Street. The proposed project consists of a 21,850 square foot two -story building with basement. The basement is 3,930 square feet and the first and second stories are 8,960 square feet each. The second story is proposed to be developed with 4,480 square feet of medical office and 4,480 square feet of salon /beauty shop. The entire facility will operate as an adult daycare center. The basement will only be used for administrative purposes. It is anticipated that the project will have a maximum enrollment of 180 clients with 8 administrative staff employees, 20 Full -Time or 30 Part -Time program delivery aids (in two shifts), 6 food service employees, and 4 vans used for transportation. The hours of operation for the project site are 7:00 AM to 9:00 PM Monday through Sunday, possibly extending to 12:00 Midnight in the future. The project site currently provides a total of 71 on -site parking spaces. Two adult daycare facilities in Orange County were surveyed. The information collected from these adult daycare facilities consists of the total square footage of the facility and the number of parking spaces provided. Alzheimer's Family Services Center had a surveyed parking space count of 35 for the 20,000 square foot facility. This results in a parking space per thousand square foot ratio of 1.75. Rehabilitation Center had a surveyed parking space count of 34 for the 14,069 square foot facility. This results in a parking space per thousand square foot ratio of 2.42. W W W.TRAFFIC- ENGINEER.COM 4 Ms. Agnes Yen AMERICAN FRANCHISE REGIONAL CENTER, LLC August 14, 2013 Both facilities had an overall parking space count of 69 for 34,069 square feet of adult daycare center. This results in a parking space per thousand square feet ratio of 2.03. The maximum number of occupied parking spaces at Alzheimer's Family Services Center is 31 parked vehicles from 10:00 AM to 10:30 AM. This results in a maximum occupied parking space per thousand square feet of 1.55. The maximum number of occupied parking spaces at Rehabilitation Institute is 19 parked vehicles from 11:00 AM to 11:30 AM and 1:30 PM to 2:00 PM. This results in a maximum occupied parking space per thousand square feet of 1.35. Both facilities had an overall surveyed maximum occupied parking space count of 50 for 34,069 square feet of adult daycare center. This results in a maximum occupied parking space per thousand square feet ratio of 1.47. The City of Tustin parking code requirements indicate that the proposed project would require a total of 96 parking spaces. The parking demand summary shows that the expected peak parking demand is 56 parking spaces utilizing the City of Tustin parking code requirements for the second floor and the maximum occupied parking space per thousand square feet ratio of 1.47 for the basement and first floor. The parking demand summary shows that the expected peak parking demand is 69 parking spaces utilizing the City of Tustin parking code requirements for the second floor and the maximum occupied parking space per thousand square feet ratio of 1.47 for the total facility. Based upon the calculations shown in Table 5, the current 71 parking spaces at the 111 Fashion Lane project are adequate to serve the proposed project. It has been a pleasure to service your needs on this project. Should you have any questions or if we can be of further assistance, please do not hesitate to call at (714) 973 -8383. Sincerely, KUNZMAN ASSOCIATES , INC. KUNZMAN ASSOCIATES, INC. oQPp . ESS /0* A K(/�r FyG' 3 No.TR0056 Z cr Q U,4 Carl Ballard, LEED GA Principal Associate #5455 * \�OFcAu O W W W.TRAFFIC-ENGINEER.COM William Kunzman, P.E. Principal Table 1 Parking Spaces Required By City Parking Code - Project Building Area Land Use Quantity Units' Parking Code Parking Spaces Required Basement / First Floor Adult Daycare Facilities 23 EM 1 parking space for each employee on maximum shift, plus 23.0 180 CL 1 parking space for each 5 clients on maximum enrollment 36.0 Second Floor Salon /Beauty Shop 4.480 TSF 1 parking space per 250 square feet 17.9 Medical Office 4.480 TSF 1 parking space per 250 square feet for first 4,000 square feet, and 18.9 1 parking space per 166.67 square feet over 4,000 square feet Total Parking Spaces Needed I 95.8 ' EM = Employees; CL: Clients; TSF =Thousand Square Feet ' See Appendix a Table 2 Adult Day Care Facilities Parking Count' Time Period Number of Parked Vehicles and Percentage of Occupied Parking Spaces Alzheimer's Family Services Center Rehabilitation Institute Parking Spaces Provided 35 34 7:30 AM - 8:00 AM 14 40% 11 32% 8:00 AM - 8:30 AM 14 40% 14 41% 8:30 AM- 9:OOAM 22 63% 14 41% 9:00 AM -9:30 AM 24 69% 16 47 °% 9:30 AM -10:00 AM 30 86% 16 47% 10:00 AM - 10:30 AM 31 89% 17 50% 10:30 AM -11:OO AM 29 83% 16 47% 11:00 AM -11:30 AM 29 83% 19 56% 11:30 AM -12:00 Noon 28 80% 18 53% 12:00 Noon -12:30 PM 27 77% 16 47% 12:30 PM - 1:00 PM 27 77% 16 47% 1:00 PM -1:30 PM 27 77% 18 53% 1:30 PM - 2:00 PM 26 74% 19 56% 2:00 PM - 2:30 PM 26 74% 16 47% 2:30 PM - 3:00 PM 30 86% 12 35% 3:00 PM - 3:30 PM 30 86% 12 35 °% 3:30 PM - 4:00 PM 25 71 °% 12 35 °% 4:00 PM - 4:30 PM 24 69% 9 26% 4:30 PM - 5:00 PM 24 69% 0 0% 5:00 PM - 5:30 PM 23 66% 0 0% 5:30 PM - 6:00 PM 20 57 °% 0 0% 31= Maximum number of occupied parking spaces at Alzheimer's Family services Center from 10:00 AM - 10:30 AM 12 = Maximum number of occupied parking spaces at Rehabilitation Institute from 11:00 AM- 11:30 AM and 1:30 PM -2:00 PM ' Alzheimer's Family services Center parking count conducted on Wednesday July 31, 2013 and Rehabilitation Institute parking count conducted on Thursday August 1, 2013. Table 3 Parking Demand at Comparable Adult Daycare Facilities 3 TSF = Thousand Square Feet Building Maximum Parked Cars TSF' Parked Cars Per TSF Location [A] [B] [C =B /A] Alzheimer's Family Services Center 20.000 31 1.550 Rehabilitation Institute - San Clemente 14.069 19 1.350 Maximum Occupied Parking Space Per TSF 1.468 3 TSF = Thousand Square Feet Table 4 Calculation of Expected Parking Demand at Proposed Adult Daycare Center Basement and First Floor Building Peak Parked Peak TSF1 Cars Per TSF Parked Cars Location [A] [B = (See Table 3)] [C =BxA] 111 Fashion Lane 12.890 1.468 18.92 Total Facility Building Peak Parked Peak TSF Cars Per TSF Parked Cars Location [A] [B = (See Table 3)] [C =BxA] 111 Fashion Lane 21.850 1.468 32.07 1 TSF = Thousand Square Feet Table 5 Parking Demand Summary Basement and First Floor Calculations Descriptor Number of Parking Spaces Parking Spaces Required for Salon /Beauty Shop' 17.9 Parking Spaces Required for Medical Office' 18.9 Parking Spaces Required for Adult Daycare Facilities 18.9 Total Expected Peak Parking Demand 55.7 Parking Spaces Provided 71 Total Facility Calculations Descriptor Number of Parking Spaces Parking Spaces Required for Salon /Beauty Shop' 17.9 Parking Spaces Required for Medical Officer 18.9 Parking Spaces Required for Adult Daycare Facilities2 32.1 Total Expected Peak Parking Demand 68.9 Parking Spaces Provided 71 ' See Table 1. S See Table 4. 10 Over 35 VG"o E � Smi e � vw � � m sz z 1 { - Over 35 VG"o E � Smi Figure 2 Site Plan ^°� a..— rcirv�wuc;aru-.rmirrn iI FI � vm un�.n n +mwnmeu.. –J-44 ' �I I J,uisTUii �____I T I F ; ' I i p LL i I i i s ItlST IST1LLSi LL IJ1 I GC�R 1' I' lot I' I' I' I i I � FU . I ❑ ISmInL Iamwcrsm. I EMSTIMTWO STOWGUILDING I � I I I it N ..;..�m��, mnvei.nu��vuavoewa. nFWSTMET NTS 5455/2 KUNZMAN ASSOCIATES, INC. OVER M YF"OF RY LvM grmvfP 0 Figure 3 Site Plan - Basement 9f0(UtiE' IWBY, / \ OAY CANE `JIpMM" • ApA1W6iM11VE ' OfFKE9 �h. NTS 5455/3 KUNZMAN ASSOCIATES, INC. OVER db YEARS OF t]'CELIC- SERVICC 13 Figure 4 Site Plan - First Floor NTS 5455/4 KUNZiViAN ASSOCIATES, INC. 0V 35 VF m nF EYLE!1EM' Smv= 14 Figure 5 Site Plan - Second Floor rj 1 7"�'� ✓J� eMw arse aces V mee 1 mea� NTS 5455/5 KiINZMAN ASSOCIATES, INC. CNea 35 Yeh" oP ExcajxNT SeRvia SS m I IN 16 LjV M YEW Cr byzelA Ir Slid 27 Figure 7 Rehabilitation Institute ' ♦�� a i ,�,� -�.,� "�, did'°' �'. e §4 S MCI -ST { K F ti a Mm TO r s I • LjV M YEW Cr byzelA Ir Slid 27 APPENDIX A Glossary of Transportation Terms GLOSSARY OF TRANSPORTATION TERMS COMMON ABBREVIATIONS AC: Acres ADT: Average Daily Traffic Caltrans: California Department of Transportation DU: Dwelling Unit ICU: Intersection Capacity Utilization LOS: Level of Service TSF: Thousand Square Feet V /C: Volume /Capacity VMT: Vehicle Miles Traveled TERMS AVERAGE DAILY TRAFFIC: The total volume during a year divided by the number of days in a year. Usually only weekdays are included. BANDWIDTH: The number of seconds of green time available for through traffic in a signal progression. BOTTLENECK: A constriction along a travelway that limits the amount of traffic that can proceed downstream from its location. CAPACITY: The maximum number of vehicles that can be reasonably expected to pass over a given section of a lane or a roadway in a given time period. CHANNELIZATION: The separation or regulation of conflicting traffic movements into definite paths of travel by the use of pavement markings, raised islands, or other suitable means to facilitate the safe and orderly movements of both vehicles and pedestrians. CLEARANCE INTERVAL: Nearly same as yellow time. If there is an all red interval after the end of a yellow, then that is also added into the clearance interval. CORDON: An imaginary line around an area across which vehicles, persons, or other items are counted (in and out). CYCLE LENGTH: The time period in seconds required for one complete signal cycle. CUL -DE -SAC STREET: A local street open at one end only, and with special provisions for turning around. DAILY CAPACITY: The daily volume of traffic that will result in a volume during the peak hour equal to the capacity of the roadway. DELAY: The time consumed while traffic is impeded in its movement by some element over which it has no control, usually expressed in seconds per vehicle. DEMAND RESPONSIVE SIGNAL: Same as traffic - actuated signal. DENSITY: The number of vehicles occupying in a unit length of the through traffic lanes of a roadway at any given instant. Usually expressed in vehicles per mile. DETECTOR: A device that responds to a physical stimulus and transmits a resulting impulse to the signal controller. DESIGN SPEED: A speed selected for purposes of design. Features of a highway, such as curvature, superelevation, and sight distance (upon which the safe operation of vehicles is dependent) are correlated to design speed. DIRECTIONAL SPLIT: The percent of traffic in the peak direction at any point in time. DIVERSION: The rerouting of peak hour traffic to avoid congestion. FORCED FLOW: Opposite of free flow. FREE FLOW: Volumes are well below capacity. Vehicles can maneuver freely and travel is unimpeded by other traffic. GAP: Time or distance between successive vehicles in a traffic stream, rear bumper to front bumper. HEADWAY: Time or distance spacing between successive vehicles in a traffic stream, front bumper to front bumper. INTERCONNECTED SIGNAL SYSTEM: A number of intersections that are connected to achieve signal progression. LEVEL OF SERVICE: A qualitative measure of a number of factors, which include speed and travel time, traffic interruptions, freedom to maneuver, safety, driving comfort and convenience, and operating costs. LOOP DETECTOR: A vehicle detector consisting of a loop of wire embedded in the roadway, energized by alternating current and producing an output circuit closure when passed over by a vehicle. MINIMUM ACCEPTABLE GAP: Smallest time headway between successive vehicles in a traffic stream into which another vehicle is willing and able to cross or merge. MULTI- MODAL: More than one mode; such as automobile, bus transit, rail rapid transit, and bicycle transportation modes. OFFSET: The time interval in seconds between the beginning of green at one intersection and the beginning of green at an adjacent intersection. PLATOON: A closely grouped component of traffic that is composed of several vehicles moving, or standing ready to move, with clear spaces ahead and behind. ORIGIN - DESTINATION SURVEY: A survey to determine the point of origin and the point of destination for a given vehicle trip. PASSENGER CAR EQUIVALENTS (PCE): One car is one Passenger Car Equivalent. A truck is equal to 2 or 3 Passenger Car Equivalents in that a truck requires longer to start, goes slower, and accelerates slower. Loaded trucks have a higher Passenger Car Equivalent than empty trucks. PEAK HOUR: The 60 consecutive minutes with the highest number of vehicles. PRETIMED SIGNAL: A type of traffic signal that directs traffic to stop and go on a predetermined time schedule without regard to traffic conditions. Also, fixed time signal. PROGRESSION: A term used to describe the progressive movement of traffic through several signalized intersections. SCREEN -LINE: An imaginary line or physical feature across which all trips are counted, normally to verify the validity of mathematical traffic models. SIGNAL CYCLE: The time period in seconds required for one complete sequence of signal indications. SIGNAL PHASE: The part of the signal cycle allocated to one or more traffic movements. STARTING DELAY: The delay experienced in initiating the movement of queued traffic from a stop to an average running speed through a signalized intersection. TRAFFIC- ACTUATED SIGNAL: A type of traffic signal that directs traffic to stop and go in accordance with the demands of traffic, as registered by the actuation of detectors. TRIP: The movement of a person or vehicle from one location (origin) to another (destination). For example, from home to store to home is two trips, not one. TRIP -END: One end of a trip at either the origin or destination; i.e. each trip has two trip -ends. A trip -end occurs when a person, object, or message is transferred to or from a vehicle. TRIP GENERATION RATE: The quality of trips produced and /or attracted by a specific land use stated in terms of units such as per dwelling, per acre, and per 1,000 square feet of floor space. TRUCK: A vehicle having dual tires on one or more axles, or having more than two axles. UNBALANCED FLOW: Heavier traffic flow in one direction than the other. On a daily basis, most facilities have balanced flow. During the peak hours, flow is seldom balanced in an urban area. VEHICLE MILES OF TRAVEL: A measure of the amount of usage of a section of highway, obtained by multiplying the average daily traffic by length of facility in miles. APPENDIX 8 City of Tustin Parking Code TABLE 1: PARKING REQUIREMENTS BY LAND USE Land Use Type Parking Spaces Required Manufacturing and Processing ,General manufacturing, industrial uses 1 space for each 500 sq. ft. of gross floor area Research and development, laboratories 1 space for each 500 sq. ft. of gross floor area Warehouses and storage facilities 1 space for each 1,000 sq. ft. of gross floor for the first 20,000 sq. ft. of gross floor area and 1 space for each 2,000 sq. ft. of gross floor area for the next 20,000 sq. ft.; and 1 space for each 4,000 sq. ft. thereafter Wholesale operations not used exclusively for storage 1 space for each 1,000 sq. ft. of gross floor area, less that area devoted to office or sales, which shall be l space for each 250 sq. ft. of gross floor area Recreation, Education, Public Assembly Adult day care centers I space for each employee on maximum shift, plus 1 space for each 5 clients at maximum enrollment Child day care centers I space for each employee and teacher on maximum shift, plus 1 space for each 5 children at maximum enrollment; or 1 space for each employee and teacher on maximum shift, plus 1 space for each 10 children at maximum enrollment if adequate drop -off facilities provided. Drop -off facilities must be designed to accommodate a continuous flow of passenger vehicles to safely load and unload children. The adequacy of drop -off facilities proposed shall be determined by the approval body for the proposed use. Cinemas, movie theaters I space for each 3 fixed seats Commercial trade or business schools, I space for every 3 students at maximum capacity of instructional each classroom, plus 1 space for each faculty member and employee Golf courses 6 spaces for each hole; plus additional spaces for other related uses on the site Driving ranges 1 space for each tee Miniature golf courses 3 spaces for each (tole Indoor recreation/fitness centers Arcades I space for each 200 sq. ft. of gross floor area Bowling alleys 5 spaces for each lane, plus required spaces for ancillary uses Health/fitness clubs I space for each 150 sq. ft. of gross floor area, including swimming pool area Pool and billiard rooms 2 spaces for each table, plus 1 space for each 250 sq. ft. of indoor gross floor area excepting the pool and billiard area, plus as required for ancillary uses Skating rinks pace for each 150 sq. ft. of gross floor area, plus I space for each 250 sq. ft. of indoor gross floor area i excepting the skating rink area, plus as required for ancillary uses Libraries, museums, art galleries 1 space for each 300 sq. ft. of gross floor area Performance theaters, meeting halls and 1 space for each 3 fixed seats; or if no fixed seats are membership organizations provided, 1 space for every 35 sq. ft. of gross assembly � or viewing area Places of assembly not specified elsewhere 1 space for each 3 fixed seats; or if no fixed seats are provided, 1 space for every 35 sq. ft. of gross assembly area, classrooms, meeting rooms, etc., based on the most intense simultaneous use Schools (Private) Elementary and Middle 2 spaces per classroom, plus adequate drop - off /loading area as approved by the Community Development Director Schools (Private) High Schools 1 space per 3 students, plus adequate drop- off /loading area as approved by the Community Development Director Colleges/Universities (excluding related 1 space per 3 students residential uses) Studios for dance, art, martial arts, one -on -one 1 space for each instructor plus 1 space for each 3 personal fitness; Tutoring facilities students present at any one time Tennis /racquetball/handball or other courts 1.5 spaces for each court, plus 1 space for each 250 sq. ft. of indoor gross floor area excepting the court area, plus as required for ancillary uses Residential Uses Dormitories, fraternities, sororities, and 1 space for each 2 beds rooming/boarding houses Duplex housing units (not within a multifamily 2 garage spaces for each unit plus 1 space for open, complex) unassigned guest parking pet-4 dwelling units Large family day care homes I space for each nonresident employee, in addition to the required residential spaces, plus adequate drop -off area as approved by the Community Development Director Mobile homes (in mobile home parks) 2 covered spaces for each mobile home (tandem parking permitted in an attached carport), plus I guest parking space for each 10 units Multifamily housing 2 covered spaces for each dwelling unit, plus I unassigned guest space for every 4 units Second residential units 2 garage spaces in addition to that required for the primary single- family unit Senior citizen congregate care housing rSenior citizen multifamily housing I 1 space for every 3 beds 1 space for each unit with 50 percent ofthe spaces as covered spaces, plus 1 guest parking space for each 10 1 units Single- Family housing 2 spaces, within a fully enclosed garage, for each unit with 4 or fewer bedrooms, and 3 spaces, within a fully i enclosed garage, for each unit with 5 or more bedrooms (Retail Trade Automobile parts and supplies, including Automobile 1 space for each 400 sq, ft. of gross floor area home and vehicle machinery Banks and financial services 1 space for each 250 sq. ft. of gross floor area Building materials, hardware stores, and plant 1 space for each 250 sq. ft. of indoor display area, plus I nurseries space for each 1,000 sq. ft. of outdoor display area Convenience stores I space for each 250 sq. ft. of gross floor area Nightclubs and dance halls I space for each 7 sq. ft. of dance floor area, plus 1 space for every 35 sq. ft. of additional gross floor area, plus as required for ancillary uses (restaurant, etc.) Restaurants, cafes, cafeterias, lounges, or 1 space for each 100 sq. ft. of gross floor area, plus a similar establishments at which the minimum 7 -car stacking space for drive - through, except consumption of food and beverages occurs no additional parking spaces shall be required when a primarily on the premises restaurant use replaces a retail, service, or office use on a property located within both the Central Commercial District (C -2) and the Old Town Commercial General Plan land use description No additional parking shall be required for an outdoor restaurant seating area when the area either contains no more than 12 seats, or is no larger than 50 percent of the restaurant's interior seating area; 1 additional parking space shall be required for each additional 100 sq. ft. by which the outdoor restaurant seating area exceeds the 50- percent threshold Restaurants, take out; including delicatessens, I space for each 250 sq. ft. of gross floor area, plus a donut shops, coffee shops, or similar minimum 7 -car stacking space for drive - through, except establishments at which the consumption of no additional parking spaces shall be required when a (food and beverages occurs primarily away restaurant use replaces a retail, service, or office use on a from the premises property located within both the Central Commercial District (C -2) and the Old Town Commercial General Plan land use designation. No additional parking shall be required for an outdoor restaurant seating area when the area either contains no more than 12 seats, or is no larger than 50 percent of the restaurant's interior seating area; I additional parking space shall be required for each additional 250 sq. ft. by which the outdoor restaurant seating area exceeds the �50-percent threshold i Retail Center (Small) The parking required will the sum of parking requirements for the individual uses as specified in this Table 11 - -i Retail Center (Large) 4.5 spaces for each 1,000 sq. ft. of gross floor area Retail stores: General merchandise I space for each 250 sq. ft, of gross floor area Retail stores: Appliance, furniture, and bulk I space for each 500 sq. ft. of gross floor area good stores Service Uses Body art facility I space for each 250 sq. ft. of gross floor area Hotels and motels I space for each guest room, plus I space for each 2 employees on largest shift, plus requirements for other accessory uses Kennels and animal boarding I space for each 500 sq. ft. of gross floor area Laundromats --]each 1 space for every 3 washing machines or one space for 250 sq. ft. of gross floor area, whichever is greater Medical services Clinics, medical/dental offices 1 space for each 250 sq. ft. of gross floor area for the first 4,000 sq. ft. of medical space within a building or center and 6 spaces for each 1,000 sq. ft. of gross floor area in excess of 4,000 square feet; except for locations in the Combining Parking District (P) where 1 space for each 300 sq. ft. of gross floor area shall apply Extended care (elderly, skilled nursing 1 space for each 4 beds the facility is licensed to facilities, etc.) accommodate Hospitals 2 spaces for each patient bed the facility is licensed to accommodate, plus required spaces for ancillary uses as determined by the review authority Medical /dental labs I space for each 300 sq. ft. of gross floor area Offices, administrative, corporate 1 space for each 250 sq. ft. of gross floor area for the first 25,000 sq, ft. and I space for each 300 sq. ft. thereafter; except for locations in the Combining Parking District (P) where I space for each 300 sq. ft. of gross floor area shall apply Pet grooming I space for each 500 sq. ft. of gross floor area Personal services 1 space for each 250 sq. ft. of gross floor area Barber /beauty shops (and other personal services: massage therapy, tanning salon) Service stations �� I space for each pump island, plus 4 spaces for each (service bay, plus additional spaces for accessory uses Storage, personal self - storage facilities 1 space for each 2,000 sq. ft. of gross floor area, plus 2 spaces fora resident manager Vehicle repair and maintenance Auto Repair 4 spaces for each service bay, plus adequate queuing i lanes for each bay JI Car washes - automated self serve _ I space per facility if not in conjunction with a service station; no additional space required when in conjunction with service station; number of stacking spaces subject to Conditional Use Permit Car washes -self serve 12.5 spaces for each washing stall, for queuing and drying Car washes -full serve 10 spaces, plus 10 spaces for each wash lane for drying area, plus queuing area for 5 vehicles ahead of each lane Veterinary clinics and hospitals I space for each 250 sq. ft. of gross floor area for the first 4,000 sq. ft. of medical space within a building or center; and 6 spaces for each 1,000 sq. ft. of gross floor area in excess of 4,000 square feet. Video rental 1 space for each 250 sq. ft. of gross floor area ATTACHMENT E ZONING ADMINISTRATOR ACTION NO. 13 -010 ZONING ADMINISTRATOR ACTION 13 -010 CONDITIONAL USE PERMIT 2013 -06 111 FASHION LANE The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 2013 -06 was filed by Don Lee Architect on behalf of Americana Project One LLC, requesting authorization to establish and operate an adult daycare facility utilizing joint use parking within an existing 21,850 square foot building located at 111 Fashion Lane. B. That the property is zoned First Street Specific Plan (SP 10) and located within Subarea 3 — Commercial. The property has a land use designation by the General Plan of Planned Community Commercial /Business which provides for a variety of retail, service commercial, and office uses. The project is consistent with the Air Quality Sub - element of the City of Tustin General Plan. C. That in accordance with TCC Section 9299b(3)(f), the Zoning Administrator is authorized to consider minor conditional use permits for existing development where there would be no change of primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. D. That in accordance with TCC Section 9264a5., joint use of parking areas requires Zoning Administrator approval of a minor Conditional Use Permit for parking areas serving structures totaling less than thirty thousand (30,000) square feet. The total building area meets this threshold at 21,850 square feet. E. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2013 -06 on October 21, 2013, by the Zoning Administrator. F. That the establishment, maintenance, and operation of the proposed adult daycare center utilizing joint use parking 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 be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: 1) Assisted living, rest homes, extended care facilities, and convalescent homes are conditionally permitted uses within Zoning Administrator Action 13 -010 Conditional Use Permit 2013 -06 Page 2 Subarea 3 of the First Street Specific Plan and the proposed adult daycare use is similar to said uses. 2) The proposed use would provide a service needed in the community to provide care for elderly individuals. 3) The facility is a standalone building with its own parking lot to accommodate clientele. No impacts to residential properties are anticipated as the project site is predominately surrounded by commercial uses and the use is not anticipated to generate noise levels in excess of the limitations of the Tustin City Code. All activities would occur within the building and garden patio area. 4) The joint use parking analysis prepared by Kunzman Associates, Inc., dated August 14, 2013, concludes that the existing 71 parking spaces at the subject property are adequate to serve the proposed project during peak parking demand. 5) As conditioned, Conditional Use Permit 2013 -06 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 2013 -06 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. G. That this project is categorically exempt pursuant to Section 15301, (Class 1) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby adopts Zoning Administrator Action No. 13 -010 approving Conditional Use Permit 2013 -06 authorizing the operation of an adult daycare facility utilizing joint use parking within an existing 21,850 square foot building located at 111 Fashion Lane, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 21st day of October, 2013. ELIZABETH A. BINSACK ZONING ADMINISTRATOR VERA TISCARENO RECORDING SECRETARY Zoning Administrator Action 13 -010 Conditional Use Permit 2013 -06 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, VERA TISCARENO, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 13 -010 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 2151 day of October, 2013. VERA TISCARENO RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2013 -06 111 FASHION LANE (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 21, 2013, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 2013 -06 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) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. 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 Zoning Administrator Action 13 -010 Conditional Use Permit 2013 -06 Exhibit A Page 2 (1) 1.7 Conditional Use Permit 2013 -06 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with the conditions of approval or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.8 If in the future the City's Community Development Director, Police Chief, and /or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and /or Public Works Department may require that the applicant prepare a parking demand analysis, traffic study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and /or Public Works Department. Said mitigation measures may include, but are not limited to, the following: (a) Adjust hours of operation. (b) Reduce the number of clients and /or employees (c) Require additional on -site security personnel. (d) Provide additional parking. (1) 1.9 As a condition of approval of Conditional Use Permit 2013 -06 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 The adult daycare business may operate between the hours of 7:00 a.m. to 12:00 a.m. daily. Modifications to the hours of operation may be approved by the Director of Community Development if it is determined that no impacts to surrounding tenants or properties will occur. Zoning Administrator Action 13 -010 Conditional Use Permit 2013 -06 Exhibit A Page 3 (1) 2.2 The proposed garden wall shall be constructed or treated with appropriate materials which discourage or repel graffiti and the applicant shall be responsible for removing graffiti from the property within forty -eight (48) hours. The applicant shall be responsible for costs associated with any necessary enforcement action related to graffiti removal. (1) 2.3 Prior to certificate of occupancy any etching or graffiti on the building glazing shall be removed or the glazing replaced. (1) 2.4 All activities shall be located within the enclosed building or in the garden patio areas. No congregation and /or loitering in the parking area or walkways are allowed in association with the use. (1) 2.5 No change or alteration of the tenant space shall occur without prior approval of the Community Development Director. Major modifications to the floor area, services, and /or operation of the business may require consideration of a new conditional use permit. (1) 2.6 The adult daycare facility shall be limited to a maximum of 180 clients and 23 employees at any given time pursuant to the approved joint use parking analysis for the project. Any change in use shall be reviewed and approved by the Community Development Director. (1) 2.7 No overnight care, nursing care, or non - ambulatory care shall be provided at the facility. (1) 2.8 Prior to the operation of the adult daycare facility, applicable permits and licenses shall be obtained from the State of California. This may include, but is not limited to an Adult Day Program (ADP) license through the California Department of Social Services Community Care Licensing Division. (1) 2.9 Prior to building permit issuance, Lot Line Adjustment 2013 -04 shall be approved and recorded. (3) 3.1 At the time of building permit application, the plans shall comply with the current edition of the codes (2010 California Building Standards Code), City Ordinances, State, Federal laws, and other regulations as adopted by the City Council of the City of Tustin. (3) 3.2 Adult daycare facilities are classified as 1 -4 occupancy per California Building Code (CBC) Section 308.5.1. Section 426 does not permit 1 -4 occupancy in a basement and therefore adult daycare facilities cannot be located in the basement. Use of the basement shall be limited to storage and administrative uses in compliance with the CBC and the approved joint use parking analysis for the use. Zoning Administrator Action 13 -010 Conditional Use Permit 2013 -06 Exhibit A Page 4 PUBLIC WORKS DEPARTMENT (1) 4.1 The applicant shall design and re- construct the existing curb ramp at Fashion Lane and First Street and the concrete driveway along Fashion Lane to current Federal Americans with Disabilities Act (ADA) requirements and City of Tustin Standard Drawings. Depending on the applicable City standard, an easement on private property for pedestrian access may be required. In this case, a legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor, shall be submitted to the Public Works Department for review and approval. (1) 4.2 The applicant shall submit to the Public Works Department 24" x 36" reproducible street improvement plans and construction area traffic control plans, as prepared by a California Registered Civil Engineer, for approval. The traffic control plan shall be prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation. (1) 4.3 Prior to any work in the public right -of -way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 4.4 Any damage done to existing public street improvements and /or utilities shall be repaired to the satisfaction of the City Engineer. (1) 4.5 The applicant shall design and re- construct the existing trash enclosure. All trash enclosures shall utilize the City's standard enclosure designed with a solid roof to accommodate at least two (2) 4 -yd. bins, with at least one (1) bin reserved for recyclable materials. (1) 4.6 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). A. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50% of the project waste material. B. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed 5% of the project's valuation. Zoning Administrator Action 13 -010 Conditional Use Permit 2013 -06 Exhibit A Page 5 C. Prior to issuance of a permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin ". ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 5.1 Prior to issuance of a building permit, the applicant shall submit plans for approval for architectural review for 1-4 occupancy (Service Code PR 220). (5) 5.2 Prior to issuance of Certificate of Occupancy, all required permits and inspections from the OCFA shall be approved and completed. FEES (1) 6.1 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. a) Building plan check and permit fees to the Community Development Department based on the most current schedule. (1) 6.2 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.