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HomeMy WebLinkAboutZAA 13-010CC) [I\] D170©X1zAL LJ SC F RiNl d X31 5 it `I `I F-11\ -1�9 Hi0-d\,] LAIN The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator funds and determines as foiioN\s; A. That a proper appiucation for Conditional Use Permit 2013 -06 was filed by Don 'fee Architeot on behalf of Americana Project One LLC, requesting ,authorization to establish and operate an adult daycare facility utilizing joint Use parGuing ���ithi�� an (existing 21,850 square foot building located at II I Fashion Lane. [ . That the property is zoned First Street Specific Dian (SP 10) and located ,AjiNn Subarea 3 e Commercial. The property has a land use desjgna� o by the General Bien of planned Community Commemial /Business which prove des for a variety of retail, service commerci2l, and office uses. The project is consistent with the Air Quality Sub- element of the Cu`ty of Tustin General Plan. C. That in accordance with TCC Section 9299b(3)(`,D, the Zoning Administrator is authorized to consider rnunor 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 after the original intent of the project or site. D. That in accordance with TCC Section 9264x5., joint use of parking areas uu "eu� hires �i�uouiu \diuiuuuustraAor approval al of �� uUluUlor �ondutuonai Use Permit for parking areas serving structures totaling less than thirty thousand (30,000) square feet. The total build °ng area meets this threshold at 21,850 square feet. L. 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 she circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons resi6ng or VJorking 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 ev✓ denced by the follm Mng findings; 1) Assisted living, rest homes, extended care facilities, and convalescent homes are cond'tionally permitted apses within Zoning Administrator Action 13 -010 Conditional Use Pernrogit 2013 -00 Page 2 Subarea 3 of the First Street Specific Plan and the proposed adult dayOarO USe is siMilcIr to said uses. Z) The proposed USO Nivould provide a service needed in the community to provide care for elderly individuals. 3) The facility is a st2ndalOne building with its 0mj� n partaking lot to accommodate clientele. AlO 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 activi�Ues would Occur within the building and garden patio area. 4) The joint use parking analysis ,prepared by Kunzman Associates, lrc., dated August 1 -, 2013, concludes that the existing 71 parking spaces at the subject property are adequate to serge 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 arfec&g 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 153011, (Class ill of Title 14, Ch2pter 3 of the �°�li�� rni� ���1� c ��ru ilatiOns (n, gidplinn.'z ,For the CalifOrnia Environmental 'duality Act). ll. 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 USIS partaking Within an existing 21,850 square foot building located at 1II Fashion Lane, subject to the conditions contained Nxithin Exhibit A attached hereto. PASSED AND ADOPTED ED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 21 s' day of October, 2013. ELIZABETH A. BINSACK ZONING ADMIMSTGATOR VET ,\TIS -C4 fV RECORDING SECRET , RY Zoning Administrator Action 13 -090 Conditi®nai Use Permit 2013 -06 Page 3 STATE OF CALIFORNIA COUNTY OF GRAIaNGI �, VC 'f\ 'I iSC RIE-:NO, °thee undersigned, hereby cord y, that i am the Recording Secretary Of the Zoning Admi nistratOT Of the City of T u&dn, California; that Zoning Administrator AcIdon N9o. 10 -010 passed and adopted at a regular mee�dng of the Tustin Zoning Administrator, held on the 21st day of October, 2013. �J� G-Ak V I SC —A''q N -0 RECOR iNG SECRETARY !CE;�f �1B1 7 IA COND a ON S OF ;��??R\O'VzAU C0�9DI u 10 IM l- U SE i?[EIrRMI a ZB 10 -0 5 11 LAME DEM ERA L 1.`I The proposed prgject shall substantially conform with the Submitted plans for the project date stamped October 21, 2013, on fjls �Mth 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 appTove subsequent minor modifications to pleas during plea check if such modifications are consistent with provisions of the Tustin Oily Code. 1.2 This approval shall become null and void Unless the visa is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted F a written request is received by the Community Development Department within thirty (30) days prior to eXpiratiOn. 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied wM as specified, subject to review and approval by the Community Development Department. l) �A, Approval of Condi'donal Use PeTMit 2013 -06 is contingent upon the applicant and property owner sign ng and returning to the Community Development Department a notarized "AgMiemOnt to Conditions Imposed" form and the property owner signing and recording AAjith the County Clerk - recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Apprcr,iago form. T he flu- MIS Shall be as-tab !° sh� e d I�L- y the Di re —lof of Co�'fi]mlunny Development, and svidence of recordation shall be provided 'to the Community Development Department. 1.6 Any violation of any of the condRions imposed is subject to issuance of an administrative citation pursuant to 'I CC 1 162(2). l) ME 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 E C©D�S Q2) CGE (nA MITIGA a I0j\\9 Q:S) 3C Ul � -7L u z- S �Z) UNIFORM 1-9UlLD1M\ Q COD-EIS 7) IPC ICC [POUCY Q4) DESIGN N REMMiAl ENCEP ii IONS Zoning Administrator Action 13 -010 Conditional Use Permit 2013 - 06 Exhibit A Page 2 �1j 1�7 Conditional Use-Permit 2013 -36 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 v�jith 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 initiato proceedings to revoke the Conditional Use Permit. if in the future the City's Community Development Director, Police Chief, and/or Public V /Vorks 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 revievAjed 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 follo'ojing: (a) Adjust hours of operation. Tb7 Deduce the number of clients and /or employees (c) Require additional on -site security personnel. (d) Provide additional parking. 70- As a condition of approvaa of Conditional USe !Permit 2013 --05 the applicant shall agree, at its sole cost and expense, to dofend, indemnify, and hold harmless the City, its of5cers, 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 - .masking 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 RIES7RIC d ION 5 �) M 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 1 3 -01 0 Conditional Use Permit 2013-06 Exhibit A Page 3 (1) Z2 The proposed garden wall shall be constructed or treated with appropriate materials which discourage or repel graffiti and the appkant shall be responsible for removing graffiti from the property within fort -- sight (43 hours. The applicant shall be responsible for costs associated with any necessary enforcement action related to graffiti removal. �1) 2.0 Prior to certificate of occupancy any etching or graffiti on the building glazing shall be removed or the glazing replaced. �1 2o/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 Nivalkways are allowed in association with the wise. �1) 2Z 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. Q) ME The adult daycare facility shall be limited to a maximum of 130 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 overni ght care, nursing care, or non-ambulatory care shall be provided at the facility. �I ME 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 (SDP) license through the California !Department of Social Services Community Care !licensing Division. �1) 2.9 Prior to building permit issuance, Lot Dine Adjustment 2013 -04 shall be approved and recorded. UILD ��907 ,�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 Clay Council of the City of Tustin. Q 3 Adult daycare facilities are classified as l-4 occupancy per California [wilding Cods (CBC) Section 303.5.1. Section 426 does not permit it -1 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 asses 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 F1 ST, IC Ift- G'AG'S 0 LO CIR,,�\R� f Hi f N7 �1 6. The applicant shall design and re- ccnStTUCt the existing curb ramp at Fashion Dane and First Street and the concrete driveway along Fashion !bane to current Federal Americans �jljilth 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) ,117orks Department for review and approval. �1) 4o2 The applicant shall Submit 'to the Public NNoriks 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. ail 4o'0 prier to any Nmork in the public right- ou -�,A/ay, an Encroachment Permit shall be obtained from and applicable 'Fees paid to the public Works Department. ail) 4.4 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfactdon of the City Engineer, ,3 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 °tlwo (2) 4 -yd. bins, with at least one (1) bin reserved ,or recyclable materials. �1) 4. 9, 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 �,Ajasite material. S. The applicant will be required to submit a $50.00 application fee and a cash security deposit, [used 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 10orrnit 2013 -05 Exhibit A Page 5 C. Fri ®r to issuance of a permit, the applicant shall submit the required Security deposit in the form of cash, cashier's check, personal chack, or money order made payable to the "'pity of J usff'. M Prior to issuance of a building permit, the appflca nt shall submit plans for approval for architectural review `or 1-4 occupancy (Ser�wics Code FIR 220). �3 0.2 Prior to issuance of Certificate of Occupancy, all required permits end inspectbns from the OCFA shall be approved and co mpleted. FE`E =5 ail) BM Prior to issuance of any building permits, payment shall be made of all appl' able fees, including, but not limited to, the follmwing. 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 fear to the Community Development Department based on the most current schedule. Q1) 8.2 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 C LM I Y CLE3G'C 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 pedod the applicant has not delivered to the Comrr unKy Development Department the above —noted cheo'k, the statute of limitations °tor any interested parity to challenge 'time environmental determination under the prove sion5 of the California Environmental Quality Act could be significantly lengthened. It U S T rl N Inter -Com DATE: OCTOBER 22, 2013 TO: DIS R UTION Haw. BUILDING OUR. FUTURE HONORING OUR PAST VR0N1, E u H A 8l�9 BYAC �, D]R� T0R OF COMM L.JN , DEYE- LOPMENT SJ 9�C u, ACTIONS, /40AING ADNINISTRA OR HEIE `TI�9c, OC a 018[1 R 21, �D13 Pursuant to Tustin City Code Section 9294a, any ;person may appeal any decision of the Zoning Administrator by filing a written notice within ten (10) calendar days of the Zoning Administrator's action, or Di;tc)bsir 31, 2213. This notice of actions taken by the Zoning Administrator is being transmitted to the City Council and Planning Commission prior to the end of the appeal period. On October 21, 2013, the Zoning Administrator took the following action(s): Agenda Item 1. Conditional Use Permit 201314. Adopted Zoning Administrator A request to authorize (1) a commercial recreational Action Flo. 13 -009 (Attached) facility providing art classes and (2) allow alcoholic beverage sales of beer and wine for on -site consumption (ABC license type 42) within an existing tenant space located at 2479 Park Avenue. RECOMMENDATION: That the Zoning Administrator adopt Zoning Administrator Action Flo. 13 -009 approving Conditional Use Permit 2013 -14 to establish commercial recreational facility for art classes and allow on -site sales of beer and wine for on -sine consumption within public premises (Type 42) in conjunction with the art classes. 2. Conditional Use Permit 2013 -06. adopted Zoning Administrator A request to establish and operate an adult daycare Action No. 13010 (Attached) facility and utilize joint use parking for the project. RECOMMENDATION: That the Zoning Administrator adopt ,Zoning Administrator Action No. 13 -010 approving Conditional Use Permit 201306 to establish and operate an adult daycare facility utilizing joint use parking located at 111 Fashion Lane. Please contact me at 714 - 573 -3031 if you have any questions regarding this matter. Distribution. Tustin City Council Planning Commission City Manager City Clerk Services Supervisor City Attorney