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HomeMy WebLinkAbout01 CUP 96-019 11-04-96NO. 1 11-4-96 I nter-Com ,., DATE: 1 NOVEMBER 4 , 1996 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: APPEAL OF CONDITIONAL USE PERMIT 96-019 (GOLDEN YEARS REST ~{OME) RECOMMENDATION That the City Council: o Adopt Resolution No. 96-115 upholding the Planning Commission's action with additional conditions and approving Conditional Use Permit 96-019; or, . Deny Conditional Use Permit 96-019 and direct staff to prepare the appropriate resolution for ratification at the November 18, 1996 City Council meeting. FISCAL IMPACT There is no fiscal impact associated with this project. The applicant has paid application fees to recover the cost of processing this application. BACKGROUND AND DISCUSSION On September 23, 1996, the Planning Commission adopted Resolution No. 3465 approving a request to convert an existing three (3) unit apartment complex and an existing six (6) person residential care facility to a sixteen (16) person rest home for the elderly (Attachment A). On October 7, 1996, the City Council appealed the Planning Commission's action due to concerns related to the amount of living area per resident and the number of parking stalls provided for the use (Attachment B). The applicant has submitted a response to the Council's concerns (Attachment C). • • City Council Report Appeal of CUP 96 -019 November 4, 1996 Page 2 The site is located at 14752 Holt Avenue and is surrounded by existing two -story apartment complexes to the north and south, and offices to the east Single family homes are located across the street to the west in unincorporated County area The current zoning on the property (R -3 3000) allows up to one dwelling unit for each 3,000 square feet of land area The subject property is ;approximately 12,243 square feet in size A maximum of four (4) dwelling units could be permitted on the property consistent with the R -3 (3000) development standards Project Description The proposed rest home conversion consists of an existing 1,884 square foot residential care facility located at the front of the property and an existing 1,918 square foot three unit apartment building located at the rear of the property The three unit apartment building is proposed to be remodeled and expanded to include a total of 2,297 square feet to accommodate ten (10) elderly residents and one (1) custodian The facility is proposed to consist of five (5) resident bedrooms, one (1) custodian bedroom, a living room, a dining room, two bathrooms, a kitchen and a laundry room The site is currently licensed by the State of California Department of Social Services for a six (6) non - ambulatory person Residential Care Facility The applicant proposes to expand this use to a sixteen (16) person rest home A "Rest Home" is defined by Tustin City Code as "any premises licensed under Section 2300 of the Welfare and Institutions Code of the State of California " If approved the applicant would be required to obtain proper licensing from the State of California Department of Social Services to operate the proposed sixteen (16) person rest home for the elderly (Condition 2 2) Operational Characteristics The rest home is proposed to provide care for ambulatory and non - ambulatory residents 60 years old and over The care and supervision of the elderly includes providing meals and monitoring food intake or special diets; assisting with dressing, grooming and bathing; assisting with intake of medication and arranging and assisting medical and dental care; and, supervising residents' schedules and activities There will be two (2) full time employees on duty during waking hours and one (1) employee at the facility on call for night supervision The home would be operated as a 24 hour facility, however, visiting hours would be limited to waking hours after breakfast and before dinner City Council Report AppeaI of CUP 96-019 November 4, 1996 Page 3 Site Plan/Elevations No major changes are proposed to the existing front building, other than the elimination of the kitchen exit door on the south side of the. building and steps servicing this door. The existing steps Currently project two feet into the north side of the driveway. The removal of the doors and steps will avoid obstruction into the driveway. The front building will continue to serve six (6) elderly persons. The rear building will be remodeled to include a total of 2,297 square feet of floor area to provide five (5) bedrooms, a dining room and kitchen, two bathrooms, a laundry room, and a custodian room. Each bedroom is proposed to contain two beds, which will provide occupancy for a total of ten (10) elderly persons. The applicant stated in their correspondence (Attachment C) that the Department of Social Services requires a minimum of 144 square feet of bedroom area for double occupancy rooms and 120 square feet for single occupancy rooms. Staff contacted the Licensing Division for the State Department of Social Services related to this issue. Representatives for the Licensing Division indicated that Social Services does not have any specific minimum square footage requirements for the facility. As part of their licensing process, the design of the facility, including the bedroom layout is considered to ensure that a minimum level of amenities are provided and the layout of eadh room can reasonably accommodate the occupancy. As an example, each bedroom would need to include a bed, dresser and nightstand for each resident. One bathroom would be required for each six (6) residents. According to the California Building Code, Title 24, the bedroom size would need to be a minimum of 120 square feet in area for each two (2) persons per room. The proposed plans exceed these minimum size requirements identified in Title 24. However, the Department of Social Services will still need to evaluate the adequacy of layout and amenities provided to determine if the proposed occupancy is appropriate for licensing by the state. The individual bedrooms are proposed as follows: Bedroom Occupancy _Minimum .Proposed · (Sq. Ft.~ (Sq. Ft. 1 Double 2 Double 3 Double 4 Double 5 Double Custodian Single TOTAL 120 159.5 120 176.0 120 160.0 120 160.0 120 168.0 ...120 159.5 780 983 City Council Report Appeal of CUP 96-019 November 4, 1996 Page 4 The design and color of the rear building includes: light grey stucco exterior walls; wood/glass entry doors painted "golden"; light grey services doors; white wood panels at gable ends; and dark grey barge and eave trims. The existing patio cover located at the front of the building will include white lattice screen and the wood post and beams will be painted dark grey. Condition number 3.2 was included by the Planning Commission requiring that both the front and rear building match in design, material and color as proposed in the submitted color elevations. The applicant proposes to remove an existing 4-car carport and a laundry room structure located between the existing buildings and to construct a new concrete driveway and parking lot providing five (5) parking spaces. The applicant proposes to modify the existing U-shaped driveway located at the front of the property, to provide temporary parking for loading and unloading of passengers. If approved, the applicant would be required to construct a full width sidewalk along the front of the property; modified driveway aprons to meet the Americans with Disabilities Act (ADA) requirements; and, the existing wrought iron fence located at the front of the property would be removed and new landscaping provided (Condition 5.1). parkinq Tustin City Code Section 9226b(3) provides that the amount of required parking for a senior citizen project be determined as part of the Conditional Use Permit process. The applicant proposes a total of five (5) parking spaces (two (2) covered parking spaces, two (2) uncovered spaces and one (1) handicap accessible parking space). The U-shaped driveway in the front of the property will provide short term parking for the loading and unloading of residents and guests. The Department of Social Services licenses the facility as a Rest Home for the elderly which requires the screening of each applicant admitted to the facility to determine that they need the care and supervision provided by such a facility. This process eliminates the possibility of more active seniors that might drive automobiles from residing in the facility. Conditions 2.2 and 2.3 were included by the Planning Commission requiring that the proposed project maintain an elderly care facility license and accepting only non-driving seniors. City Council Report Appeal of CUP 96-019 November 4, 1996 Page 5 Based upon information provide by the applicant, two (2) full time staff .persons will be present during the waking hours. The proposed carports could provide parking for the staff members. The remaining three (3) spaces and loading area would be available to visitors. In most residential situations, the highest parking demand occurs during the night hours when all the residents are home. Since the residents do not drive and visiting hours are limited, the demand for over night parking would not be critical. Condition 2.5 has been added to require the carport spaces to be utilized by the staff. Condition 2.6 has also been .added to require a parking study and additional mitigation if a parking problem develops in the future. Such mitigation may include reducing the occupancy of the facility. Further, Condition 2.7 has been added to require that a deed restriction be recorded on the property to ensure this use remains a residential care facility for the elderly. If it is to be converted to another use in the future, parking'would need to be provided to meet code as required at such time. In determining whether to approve this Conditional Use Permit, the City Council must determine whether or not the proposed rest home will be detrimental to the health, safety, morals, comfort and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. In determining its decision, the Planning Commission made the following findings: 1) The proposed use, as conditioned, will not be detrimental to the surrounding properties in that the use as applied for is in conformance with Tustin's General Plan and Zoning Code. 2) As conditioned, the use will be licensed by the State of California Social Services Department as a Sixteen (16) Person Rest Home for the Elderly. 3) As conditioned, the use will not have a negative affect on surrounding prOperty owners, or impact the availability of off- street parking in that the use shall be restricted to accepting only elderly residents that are not capable of living adequately under their own care and supervision and that do not own, maintain, or operate motor vehicles. The proposed rest home, therefore, will have no impact on the health, safety, morals, comfort or general welfare of individuals residing or working in the vicinity of the subject rest home. City Council Report Appeal of CUP 96-019 November 4, 1996 Page 6 4) As conditioned, the use is compatible with the surrounding neighborhood in that most activities will be conducted within the building. The surrounding uses are primarily two-story residential apartment complexes which makes the proposed rest home acceptable at this location. Should the Council wish to take action to deny the application, it would be appropriate to direct staff to prepare the appropriate resolution for ratification at the November 18, 1996 City Council meeting. Daniel Fox AICP Senior Planner Elizabeth A. Binsack Community Development Director EAB :DF :bt: CUP96019 .DF Attachments: Location Map Submitted Plans A - PC Resolution No. 3465 B - CC Minutes, November 7, 1996 C - Applicant's Response Resolution No. 96-115 LOCATION MAP ./ cup qc~ -o\ ~ 22,28,32, 38.42.48,5~ 4672 74 76.78~80' 14682,84 86,88,90 14682 14692 14702 14712 PLAZA 14762 _ 14772 _ 14782 14722 14742 14772 IRVINE BOULEVARD LAf-A YETT~ PLAZA NO SCALE HOLT AVE. I --H O L T A V ~'-, I ._. ,.,.. .,,~l t ' / ~ , . .-- ~ ~ _.,- : . .~t-,~~- , , : ~~~[ ~ I'= ~ . ' i ';~, .' I Ill~u~u ~ '~ ,~ '. · ~ · ~ t=., ~~ t ' t ', [t ~ I 'I ~/ ~{ ~ ~l ..~ .... '-:' ' L~ ' ~-- ~ ,. ~,, I~. ~ .... I ~. ,I ~.~ ~'~ ~ '~ ~ ~1~- < - j ~Z2~ -- ~Z ' . ~ '% ~ . : i · ! ATTACHMENT A PLANNING COMMISSION RESOLUTION 3465 APPROVING CUP 96-019 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 RESOLUTION NO. 3465 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 96-019, AUTHORIZING THE CONVERSION OF AN EXISTING THREE (3) UNIT APARTMENT COMPLEX AND A SIX (6) PERSON RESIDENTIAL CARE FACIL Y TO A SIXTEEN (16) PERSON REST HOME FOR TH IT PROPERTY E ELDERLY AT THE LOCATED AT 14752 HOLT AVENUE. The Planning Commission of the 'City of resolve as follows: I o Tustin does hereby The Planning Commission finds and determines as follows: A. A proper application, Conditional Use Permit 96- 019, .has been filed by James Kincannon on behalf of Arthur and Zeny Remigio to request approval to convert an existing three (3) unit apartment complex and 'a six (6) person residential care facility to a sixtee~ (16) person rest home for the elderly. B. A public hearing was duly noticed,.called and held by the Planning Commission on September 23, 1996. C. That establishment, maintenance and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working in the neighborhood of such proposed use, nor to the general welfare of the City of Tustin'as evidenced by the following findings: 1. The proposed use, as conditione . detrimental to the ........ d, will not be ~uzzounamng properties in that the use as applied for is i with T 'n,~ ~ ..... ~ _~ _ n conformance la .... ~= ~onlng Code. 2. The use shall be licensed by the State of California Social Services Department as a sixteen (16) person rest home for the elderly. 28 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 'Resolution ,40. 3465 Page 2 D. . As conditioned, the use will not have a negative affect on' surrounding property owners, or impact the availability of off- street parking' in that the use shall be restricted to accepting only elderly residents that are not capable of liv-ing adequately u~der their own care and supervision and that do not own, maintain, or operate motor vehicles. The proposed rest home, therefore, will have no impact on the health, safety, morals, comfort or .general welfare of individuals residing or working in the vicinity of the subject rest home. o As conditioned, the use is compatible with the surrounding neighborhood in that most activities will be conducted within the building. The surrounding uses are primarily two-story residential apartment complexes which makes the proposed rest home acceptable at this location. Pursuant' to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance.of the proposed rest home will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: E , ' 1. Height, bulk and area of the building. 2. Setbacks and site planning. 3. Exterior materials and colors. o Size and spacing of windows, doors and other openings. o Physical relationship of proposed structure to existing structures in the neighborhood. That the proposed project is categorically exempt- (Class 1) pursuant to the California Environmental Quality Act Section 15301. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 Resolution No. 3465 Page 3 II. The Planning Commission hereby approves Conditional Use Permit 96-019 to authorize the conversion of an existing three (3) unit apartment complex and an existing six ('6) person residential care facility to a sixteen (16) person best home for the elderly, at the property located at 14752 Holt Avenue, subject to the conditions contained in Exhibit A, attached hereto. . PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 23rd day of September, 1996. Secretary Chairman STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3465 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of September, 1996. Recording Secretary 28 EXHIBIT A RESOLUTION NO. 3465 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 96-019 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 23, 1996, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code. (1) 1.2 The developer shall hold and defend~the City of Tustin harmless from all claims and liabilities out. of the City's approval of the entitlement process for this project. (1) 1.3 Approval of Conditional Use Permit 96-019 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.4 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to. review and approval by the Community Development Department. (1) 1.5 The subject project approval shall become null and void unless permits for the proposed project are issued within eighteen (18) months of the date of.this Exhibit and substantial construction is underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. SOURCE CODES (1) STANDARD CONDITIONS (2) PLANNING COMMISSION POLICY (3) MUNICIPAL CODE *** EXCEPTION (4) UNIFORM BUILDING CODE (5) RESPONSIBLE AGENCY REQUIREMENT Exhibit A - Resolution No. 3465 Conditional Use Permit 96-019 Page 2 U~SE RESTRICTIONS _ (1) 2.1 Occupancy shall not exceed sixteen (16) residents. The number of beds provided within the facility shall correspondingly be limited to sixteen (16) (1) 2.2 Pri°r'to obtaining a Certificate of Use and Occupancy, (5) the applicant shall obtain a valid license as required by the State of California Social Services Department the elderly. A copy of such S . . for the ~peration of a sixteen (16) resident rest home for provided to the C .... ~ .... rate License sha 1 om,,,~y meve±~ ...... 1 be ~,,,=,~u ~epartment (1) 2.3 The use of the facility shall be. restricted to a rest hOme for the elderly which accepts only elderly residents that are not capable of living adequately under their own care and supervision and that do not own, maintain, or operate motor vehicles. *** 2.4 Visiting h~urs for the facility shall be limited to the hours between 8:00 a.m. and 9:00 p.m. RITE PLAN (1) 3.1 Details of th~ trash enclosure shall be provided on the construction drawings and shall included solid metal gates painted to ma[ch the building. ('1) 3.2 The design, material and color of the existing front building shall match with the Proposed design, material and color of the rear building, as shown on submitted color elevations. B_UILDING DIVISION -- (4) '4.1 At building plan check the following items shall be submitted: ' a . Construction plans, structural calculations and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. Exhibit A - Resolution No. 3465 Conditional Use Permit 96-019 Page 3 b. Preliminary technical details and plans for all utility installations, including Cable TV, telephone, gas, water and electricity. Addition- ally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official (1) 4.2 Ail construction operations, including engine warm up, deliveries of materials and equipment, shall be subject to the provisions of the City of TustinfNoise Ordinance as amended, and may take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday, unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired, subject to application being made at the time the permit for the work is awarded or during progress of the work. No Sunday or holiday construction shall be permitted. (1) 4.3 The shared spaces, bedrooms, bathrooms, toilets, (5) entrances, path of travel and a van accessible parking space shall be accessible to persons with disabilities. ENGINEERING DIVISION (1) 5.1 Both driveway aprons will need to be reconstructed and/or (5) modified to meet current Americans with Disabilities Act (ADA) requirements. Driveway approach slope shall not exceed 10 percent and a minimum of four feet at 2 percent at the rear of the driveway approach shall be provided or other alternative design approved by the City Engineer. (1) 5.2 The property will require annexation to the Tustin (5) landscape and lighting district. The Public Works Department will require a letter from the property owner stating this annexation will not be protested. Exhibit A - Resolution No. 3465 Conditional Use Permit 96-019 Page 4 LANDSCAPING (1} 6.1 At plan check, detailed landscaping plans shall be submitted 'reflecting the following:.. a) Turf is unacceptable for grades over 25 percent b) A combinatiOn of planting materials shall be used, ground cover on large areas lone is'not acceptable a c) ' Provide a minimum of one 15 gallon size tree for every 30 feet. of property line on the easterly property perimeter and shrubs where Iandscaping is provided shall be a minimum five (5) gallon size. (1) .6.2 Landscaping shall be maintained in a neat and healthy condition, this will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, and regular watering. ~FEES -- (1) 7.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of Payment and are subject to change. a. Building plan check and permit fees to the Community Development Department based on the most current schedule. B. School facilities fee to the Tustin Unified School District-subject to any agreement reached and executed between the District and the applicant. (1) 7.2 Within forty-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 $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to- Challenge the environmental determination under the provisions of the California Environmental Quality Act could be lengthened, significantly ATTACHMENT B CITY COUNCIL OCTOBER 7, 1996 MEETING MINUTES CITY COUNCIL Page 5, 10-7-96 !5. !6. 17. 18. 19. 20. 2!. CON 23, 1996 Counci RESOLUTION 7~O. 96-97 - A RESOLUTIO~f OF THE CITY COUNCIL OF THE CiTY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF I~PROV A~D AUTHORIZING RECORDATION OF ~OTICE OF COMPLETIO~ FOR SB 821 PEDESTRIAN IMPROVE>lENTS, FRANKLIN AVENUE TO (PROJECT NO. 700061) RCAD R~ecommendation: Adopt Resolution No. 96-97 acceDti~ work as complete and authorize the recordation of the No{ice Completion and direct the City Clerk to: (1) Release the Labo Materials Bond not sooner than thirty-five (35) days af the date cf recordation of the Notice ~f Completion; az Release the Faithful Performance Bond not sooner than one after the date of recordation of the Notice of Completion a: ended by the Public Works Department/Engineering Divisio FOURTH OF JULY CELEBRATION - FIREWORKS C( Recommendation: Award a three-year con 'act for Fourth of July Celebration fireworks to Fireworks Ame sa as recommended by the Community Services Department. DENIAL OF CLAiM NO. 96-26; cLA!F3~NT L ZAKRAJSCEK ~ecommendatioQ: Deny subject clai and direct the City Clerk to provide notice to the claimant to the claimant,s attorney as recommended by the City DENIAL OF CLAIM NO. 96-37; EDDIE ~ecommendatio~: Deny subjec, aim and direct the City Clerk to provide notice to the claim and to the claimant,s attorney as recommended by the City At' - DENIAL OF CLAIM NO. 96-3 CLAiSiAA'T: JOE CROSTHWAITE Recommendation: Deny s '.ect claim and direct the City Clerk to provide notice to th~ and to the claimant,s attorney as recommended by the C~ Attorney. - CONTRACT APPROVAL ER SERVICES RecommendatioQ: ~ the Police Department to enter into a contract with We~ Covina Police Department for completion of the computer softwa installation in the Police Department at a cost of $150,075.76 forfeiture funds) as Police De RESOLUTION CITY OF FINANCE Reco' Coo, Tust acquJ re( recommended by the 96-104 - A RESOLUTION OF THE CITY COUNCIL OF THE , CALIFOrnIA, ADOPTING A !'~LTi-FAMILY HOUSING IN COOPEP~TION WITH THE COUNTY OF OR3~NGE : Adopt Resolution No. 96-104 approving the Agreement between the County of Orance and the City of. lowing the County to issue bonds for th~ financing of the and rehabilitation of Hampton Square Apartments as by the Redevelopment Agency staff. - PL~'NING COY-MISSION A~_iO~ AGENDA -SEPTE~4BER Saltarelli referenced Item No. 3, Conditional Use Permit 96- 018 Design Review 96-030, and cuestioned whether the matter would be agen at a future Council meetfng for review. E1 abeth Binsack, Director of Community Development, responded tkat the i would not be presented to Council unless it was appealed. Duncil/staff discussion ~ ] ~o-lowed regarding Planning Commission public hearing comments; an~ the inclusion of Conditions cf Approval for the Ceuncilmember Saltareili referenced item No. 4, Conditional Use Permit 96- 019, and stated his concern regarding 10 additional residents in a 1,900 square foot rest home for the elderly; and believed the area was too small for that number of people to reside comfortably. Elizabeth Binsack, Director of Community Deve!oDment, stated that the project was consistent with zoning district s~andards; the Planning Commission had approved the project 4-1 with 'Commissioner Koza}- opposing; and the project complied with local and State requirements. C.~.. COUNCIL NibS' Page 6, 10-7-96 maintenance an.4 operational s-_andard~; !i~-i~e-4 parking; and Council ~ppe~ling -~he ire:- The follo~'in~ ~e~er of '~e au~ien:e spoke rew~rdin~ !i=ite~ p~rking: Niles }:oines, Foo~i!! Co--unity Association Presiden~ i% ~'~m ~oved by S~]tare~]~, ~ezonSe~ by wmr)ey, to ~ppe~! ite~ No. 4, Conditional Use Pe~it 96-019. ' Counc~!D,~er DDv!e stated that he believed oarkin~ %'mu!~ not be an issue because of ~e !~ck of resident visitors; ~n~ the size ~f ~he facility was ade~a~te due to the i~obi!ity of the resl~ents. Co,~nri!~er S~!tzre!li st~te~ -~% appe~iing ~he ~ter ~-ould all~' ~additi°n;" ~ ' zoning, p~rking, an~ the size of ~he facility. _. ._zn..lDg Cor=ission Action ArenJ~ SeDte~er 23, Counci!~enber Dy!e ~aestione-4 resonst_-uction the subject Coun:i!/staff di~ :scion fo!!o~ed re~argin~ ~he desitin resons=~ac~ion f~r =~o of ~ne streets ad been accelerated .... ~o~7/~g; cdc% of each street ~as esti=ated at ,0OD;OD; the re~onsu~a=tion consulting fee =as :petit!ye. it was moved by Dov!e secDn~e~ by Po=t$, to approve ~he _=~_ofessional Se_--vices A~reement Ball & Fore=an, Zn=., to provide Consulting Engineering Services for' err project for a total not to exceed fee of $iO4,5O0.0O'and authorize [on of ~ne Professional Se~'ices Agreement by the Mayor and city Motion carrSe~ 4-0, Thomas P_EGULA~ BUSl'h~Sg ( IT~W-~ 22 22. PROPOSITION 2!3, PERSOA~L [LITY ACT Councilmember Ports reported a 19S5 law prevented felons from recovering ~onetaryawards for a idental injuries sustained while committing a crime; Proposition 13 would close loopholes when certain lawsuits om=ur; increase and citizen rights; and re.cuested support of ~he Propositi; 213. ., Council~e~her Saltare!!i stated he was in the November e!e=tion on this item %-as flawed; be would abstain from study ~as needed; and be believed was good. of how he would vote proposed legislation on this issue; fur~her ehindthe proposition Comncinmember ~otts agreed that ~he orooos!~on was not well %~itte~; believed that if the' voters ~as~ed t_.~proposition it would be ove_~turned by the Supreme Cou~ and u!tLu_~ely rewritten; and citizen:' should be more involved in the !e~isl~on pro=ess- ~t ~as moved by Ports, seconded bv Doyle, to adopt th~following Resolution No. 96-96: ' - . .~ ~ ?~30NALPgSPONSiBILITY ACT OF 1996 Motion carried {-0, Saltare!!i abstained, Thomas absent. ATTACHMENT C APPLICANT CORRESPONDENCE The Golden years Guest Home Licensed Residential Care Home Zeny Remigio, RN Owner/Administrator Telephone (714) 744-5939 October 9,1996 Mr. Thomas Saltarelli Council Member Tustin City Hall 300 Centennial Way Tustin, California 92680 Dear Mr. Saltarelli: My name is Zeny Remigio. I am the owner and administrator of the Proposed facility for the elderly located at 14752 Holt Avenue. The proposed project is to convert the existing 3-unit apartment at the rear to a 10-bed capacity for elderly care. The architect of the project, Jim Kincannon, informed us that during the council meeting on October 7,1996, you have a concern regarding our proposed project. I would like to mention that the total area of the proposed building as shown in the plan is 2,297 sq.ft, and not the 1,900 sq.fz, as stated in the council meeting. This facility will be licensed by the State of California, Department of'Social Services. Their minimum square footage requirement for double occupancy room is 144 sq.ft, and for single occupancy is 120 sq.ft. The following is the .area of the individual bedroom in the proposed facility: Bedroom gl 159.5 sq.ft. " ~2 176.0 " " ~3 160.0 " " ~4 160.0 " " ~5 168.0 " CustOdian Rm. 159.5 " I would like to mention also that the elderly residents in our care are not as active as the regular individual. They require care and supervision in everything they do. That is the reason why two full bathrooms and one toilet are more than what is necessary for this facility.- I am talking through experience because we have been in this business since 1980 at the present address. · 14752 Holt Ave., Tustin, CA 92680 · 13071 Redhill Ave., Tustin, CA 92680 - 140 N. Wheeler , Orange, CA 92669 Page 2 As part of the proposed project, we will be modifying the front of the property to provide new full width sidewalk per the City of Tustin standards. New trees will be planted in the fron~ and within the property as shown in the proposed site plan. I would like to clarify all your concerns about the proposed project and if you have other questions regarding this matter, I would be glad to answer them to your satisfaction. You can call me (714) 744-5939. Truly yours, Zeny Remigio, RN WE oUR CLIENTS .-.: Our clients are the most important people in our. business. _ , .: ..... -. - . ~ - , · ':':::'~?:,::?-.:~.:.,??:~:~-. ur chents not depen -~,..;.....:?..~,.,;..~.:..:~.?,.:..~.~.. 0 . are dent on us. We are · ::?~::.'?;~6'"'endent on our clients. - "~.???;~(~,7::.;;':~:~:(:',.'?¢;~.'.:. Our. clientb are-'not an'inter?ption of our :¢ 5¢~N~?~:}~.~oY k ?-.T h~Y a-re -t h 6-p ur p ose-° f--~t :-:-: ......................... :: 474.:,,:;'::~:L~:~:¢::¢:?~R:,7,~:.,::.",· :':";~ .-. -.:,.,':-?.-~.:.:- : .... ..: - ._ - . _ . ..... - ......_: ,_ _ . :.~..:??~.:':~;~¢}?¢:?,:~::Our clients' do us a hVgr by..com~ng to us. We ::.- ~" ::- ~':'.' "ff?'.:: - -, ' . . ........................ =:-:7'-" ¢'-.7;'~='' :'---:--" C- :-::-"~:'Q:: v:.~r'~rm-" ' ' ' "'-:-::~7217 ..... Oub:"Cli6hts:-:'are. a Part:0f.~0hk:¢: business::--not an ..... d ...... - ....... ........ ~ .............. : --: .' --: .... ~G "-*=: .... 7_ - .. - . .- . ,_ -: . . . . . . . 'OUr clients are not just another inSurance form- money in our pockets, bUt human beings,' with gs like our own. 'Our clients are people who come to us with al needs 'and wants. It is our job to help them. our clients deserv6 the most courteous tion we can give and is the lifeblood of this every business. Clients pay your salary. ~:/i;'~i'ii~!:?i~:~?:.~.W. ithout them, we would have to close our doors. ~ii~:-~'~:;:ili/i!:!il.'D°n':t ever forget it. The Golden years Guest Home Licensed Residential Care Home Zeny Remigio, RN Owner/Administrator Telephone (714) 744-5939 ELE~ICAL SAFETY GUIDELINES · _ . . "' ' ,.;)..-:'-:... 'rT:, ' . " ~, ..: -.: .-' ~..'.. : ,.? :~..,,,::,-:-.:? .--,.. ::::::::::::::::::::::::::::::::::: '::. '.:' a: :" .:. 4. ':;Cfi',~ - ' ........ 5. ' ~':::'." ;;' ';-: ' 6 · . ' ,2: :;': ' '"-- - . The purpose of these guidelines is to prevent electrical shock or death due to imProPer adherence to electrical/fire safety guidelines and provide a safe environment for patients and staff. . Remcve hazardous articles that are close to electriCal equipment. _,-_ .: .....~ ........ ._ , - ............ . ,:-...- .-. . .... any si ' s of ' Look for and report any broken or.loo_s_e_.p_l_ug~_ or gn equipment malfunctions. Keep water away from'electrical switches, ..wiring o_r appliances. know the proper functioning:of:electrical:equipment:in_:.your area.:.:::::=:::-: .... Keep work areas with electrical . equipment' dry :-at all-times. " '" 7--: r:- _ - :.-.: -. '--:::_7_: .... - ..................... : ............... .-_:-:~-':-Z--:T-::-::.'-.-.:_- ' ' ~ Report any overheating'rec°grdzed by smell or touch~:2.:--- . --:-':':'- . Report light that flicker and switches' and knobs' thai~-;-are loose. Report any tingling sensation or shock while Using certain electrical equipment. Make sure gas stove pilot lights are always lit. Be sensitive to any unusual gas smells and report them immediately. Keep'all matches'and lighters in safe and proper places that are out of reach of confused clients. ;:? , . . .:..., :..L -_ · · . _ . 14752 Holt Ave., Tustin, CA 92680 13071 Redhill Ave.. Tustin, CA 92680 140 N. Wheeler , Orange, CA 92669 The Golden years Guest Home Licensed Residential Care Home Zeny Remigio, RN Owner/Administrator Telephone (714) 744-5939 " PERSONAL RIGHTS I,' ;':.!~.;;.?~I~",,-,;.--" , /.-,'- .~ " · ...i'::~:i~..:!i:'..:'ii!,';:...:: '.."i-' 'Each resident shah have personal rights which include but are not limited to .. ::.~::'~ ;:-!'?';h, le'i'fO~loWing: '~.- - '"":i .:,,~ ~" - _ ., tx be'aC'corded digni.' in his/her personal relationship with Staff, _.:,..._._ !6sidentS-and-other persons. .-~ .... . ?_'" ~,.-..- i)':. ,": . " ' ........... "~6be:-accorded safe, healthful and comfortable accommodations; ;-'and-equipment.- .................................... ,:d.:..... :.:- , · _ .... .... from-i'c0rporal.or unusual punishment, .... mental abuse; Or' other actions of a punitive namre;.-sucn' .:'-- i~)lding':bf monetary allowances, or interfering with or..;.:-.:.':':?_i.i:-.-:...:'._i'.. _- g...functions-su _Crh.~?S eating or. sleeping-P'atte-rn-s~: :_-_.--~- ............. ~i. the 1]~m~;':~'i the'proVisions' of law regarding~::i~?!??"'¥'-'-.'?''- :-'procedUreS :to"'COr6ideiitially'regiSter ComPlai-ht~-?::!.~;--i!:i~2?"~??:~ limited to the" address and telephone humber':'°f-the':i'' . '~6"~"~i;A~g"unit-of the licensing agency.., - - .... ::~,,..,_. ,.'.! ~,:._)': .--., .'.::... - .. .. ;'.0f after, ding'religious services of his/her choice '?visit6~fr6i~' the spiritual advisor of his/her choice. - '-". .... gious 'services, either in or outside the fadlity shall be m' a: ....... voluntary basis. ,':~_ .-. ..' .: eave or depot the facility at any _time and to not be locked into any ~ ..... ".,building or On fadlity premises by day or night. This does not .... piohibit the establishment of house rules, such as the locking of doors at night f~r"the protection of the licensing agency, and the barring of' window against intruders. ~':.~.~.~-_~-. d. -.. -_;'"... -. ,. %. T';,..sSit 'the fa~'ility prior' to residence along with his/her family and .... -.responsible persons. t:;~:..;: 8.;- - To have his/her family or responsible persons regularly informed by _ }~...?!-. - the facility of activities related to his/her care or services including '-'-- e"-,i. ' ' g ,.:.-.:.:_... on oing evaluations as appropriate to the resident's needs. The Golden years Guest Home Licensed Residential Care Home Zeny Remigio, RN Owner/Administrator Telephone (714) 744-5939 PERSONAL RIGHTS (cont'd) To have communications to the facility from his/her family and responsible persons answered promptly and appropriately.' To be informed of the facility's policy conCerning family Visits and-' .. ' other communications with residents, as specified in Health and Safety code section 1569.313 which states: ~ .... .~. - ....... --.:-:-.::: ...... ~:=-.... '.: -.. This'policy Shall be'designed t6 encourage regitiarfa/iiily:~'2: .. involvement with the resident and'Shall provide~arnple(..i:!./.~ opportunities for family particiPafi0n~in-:activiti~g-;h-t the'-f~/Cility2:i.:,~;~2:..:¢i ' i'- ~:~'~ '~::":~ :~-' " : ·: .... .::"-'~" :' .... .--...:j:.-~-:-- .'.. '.::. -=~:.-. .To have his/her visitors including 0mblUdsP';;S'ons :~nd-a~tv°C~-cy::.___=: .... ':_ :.__.. representatives permitted to' visit P'fiVai6F~~~~ ...~~~i-1~~~.__'.51 _.' ._ and without prior notice, provided that'th6':rights of:'0thei,: re'sidefits'are- :::'.;~. ' not infringed upon. ' .... : ........... - ..... '" .... - ..... :=~ .... -';'"'-'--'"':'-'-'-~-'.~'~:.~::~;:':':;~'-~--'--=' '- To wear his/her own clothes, to keep and Use hiS/ke~" Sm Per~'i~f-7:! ~': ::7:)7 possessions, including his/her toilet articles) and to keeP' and b~"-:-- '. allowed to spend his/her own money. '" ' -. · . . )..i. i"' t'5 '= ' ': .:...7: '~ -'"-:" "'" ::- ':: ' ~ : t' -~ '. -. - TO have access to individual storage space for private use.~ - .. 15. · To have reasonable access to the telephone to make and receive calls. The licensee may require reimbursement for long distance calls. To mail and receive unopened correspondence in a prompt manner. .,,:.~: ~..-~:::.-~ 16. To receive or reject medical care or other services. · -. . '. . ' 14752 Holt Ave., Tustia, CA 92680 · ., To receive assistance with exercising the righ. t to vote. To move from the fadlity. · 13071 Redhill Ave., Tustin, CA 92680 · 140 N. Wheeler , Orange, CA 92669 The G°Iden Years Guest Home Licensed Residential Care Home Zeny Remigio, RN Owner/Admini strator Telephone (714) 744-5939 Good Housekeeping and Sanitation Handwashing is the single most important means of preventing the spread of infection. '-'importance of handwashing can not be over emphasized since infectious agents are readily msmitted'via the hands. All staff are encouraged to practice good personal hygiene and ",UloUs handwashing techniques whenever necessary, even when gloves are used. The : ,o~g are just a few examples: '~ 1. ~ Afier touchimg-a-~li~n-t-6r~(~ten-fially c0-ntafiiinated ~cles and befor~ takiilg-c'are°f : :'~:" _i·''' _.: another client . _ After touching excretious materials (i.e., feces, urine or material soiled with them), . . . , '..'- .- · .'-':": '_ ':.)·' -5¥-:15 ~Xa.w-a~-~. ~h~u u*-'~on~ ~m~at~y afte,: oontaot w~th any uood o~ boay f~,~d~,-.' ,.. ' '" :'remOval of gloves and before leaving the work again. - and after each client care and after kitchen and cooking chores !'Bei'ore and after housekeeping and housecleaning .~'-.. . 7' 5{_,i. AI1 soiled sheets and clothing must be washed immediately and daily to avoid -bacterial growth. ' , ~.':.¢ -': ~-- "' _. ..... i; ?'i~All-t~ash and soiled diapers should be disposed immediately and taken to outside _ ..' :- garbage cans enclosed in plastic containers. 14752 Holt Ave., Tustin, CA 92680 · 13071 Redhill Ave., Tustin, CA 92680 * 140 N. Wheeler , Orange, CA 92669 .,_ Employees who fail to comply with this policy shall be counseled. Disciplinary actions shall be taken if repeated offenses are documented. The Golden years Guest Home Licensed Residential Care Home Zeny Remigio, RN Owner/Administrator Telephone (714) 744-5939 '-"---~: Recreational Program/Activities '~ k'-;:--~..' ":~':'., ~,ii,.'~..1,. .-Supervised walking in the morning Siesta or free time after lunch ,p ~ '. .. . - ...... -7.. GroUp singing or conversation u4-7'"''<:~xz'~ "~-' "r - . x_- ..... :.. ...... . . . .. ., · ,:~:--_-, ._.gout-on_the patio _or_walking exercise " .. _'-V!-:si?-.¢-~iewing _ .p~ni.C in the park (Summertime) -.. ' .... - ' - ............. 7 ~'JT ....... - . _ . .y~'p-a_rties and/or'Thaflksgiving celebration Christmas Party (for family and clients) .. ts and ministers are invited for those who wish to receive communion. · ~. 5~.7:e2~. ?'."... ._ _ 14752 Holt Ave., Tustin, CA 92680 · 13071 Redhill Ave., Tustin, CA 92680 · 140 N. Wheeler, Orange, CA 92669 The Golden years Guest Home Licensed Residential Care Home Zeny Remigio, RN Owner/Administrat°r . ~ ~ . Daily Duties for Staff Telephone (714) 744-5939 14752 Holt Ave., Tustin, CA 92680 · 13071 Redhill Ave., Tustin, CA 92680 · 140 N. Wheeler , Orange, CA 92669 '.-~ ::.I7..'..,?~, ':" "T. :~' ....... ' '~' ......... ':'~:-'"',.::,.i:!~"~:°~'"~,nd prepare well-balanced m~als and provide in-between meal snacks. onverse Mth the residents. . -- . .. 're recreational activities for.residents (i.e., magaz~es, newspapers, . ...games). - ......... ..~.._.~ ...... ...~ ..... . ....... . ~'~:'~de--eXerdse supervision through'walking and Passive exerdse w~e ........... .... ~. -. ._ . ~ '. ....... .;Z ~..-'~ ...... -- :- . ....... - -- ' ..... -. - - . _ . _ . . _ -".;~)~..:.;~:~:~: ~;-~:~ _._.'.~j.; -~: ~.:~ .:~:7. ?%?: :.. : ... ..... Mai~a~;~lient's daily hygiene at all ames (i.e., .clean clothes, shaved, ......... "T~h~pan~g75t~-0%brUsh6di--hnd combed.?(3~}:'::. ~rve ~:~ds"~bf %:e''~6fit?If:PfiU %~ ~s_0me-~~g is ~ong,~'contact Zeny , . .. ~.: :- . .. : . .. & ? :' · .--.~ . .. . b'a:thr0oms, showerroo~ and be~ooms2 . .. . 'L' . ': ' . - ' e ~nen'once a week or often ff needed... ..... . .~.:a.-... ..... . DUSt f~nimre and va~m ~ce a week or often if needed. - .- : ., ,- : M~ke ro~ds before gong to bed and ~ the ~ddle of %e night if you happen t0 wake up. , . ::~ M~e' ro~ds first ~g in the morning when you wake up to make s~e ~Very%~g is alright. . ~,.,' .. , . .... ..... · ..,.. . , . - M0~'~-~X3;rtantly, ~ve %e clients a sense of acceptance ~oUgh tender loving ~are, patience and ~dfirstanding. Always r~emb~, you will be treading the same path someday... . .,~ ".Last, but not least, be ~ustwor%y and everyt~ng Mll work out The Golden Years 'Guest Home Licensed Residential Care Home Zeny Remigio, RN Owner/Administra£or Telephone (714) 744-5939 In-Service Plan for Staff All Personnel will be required to have in-service/on the'job training in all aspects of ,'-~?~..'.:!'::?~i"~.!!.;7. residential care and includes the following: . -.':~!~!~?':ii!~:!ili:.?:!i'i;~!? principles of good 'nUtrition and food preparation and storage. .- . - .... ,per care and hygiene of the residents. . ' -.' -..~7': Fire ~afety and-pr~Vb'iition: 7 .- .-. 2' '..-:-::7 :..5':i;..'i---7~7;7:.7::.i~'::-~': i ' .. k": 7 ;" .:T"' '.'. ' ...'~,{-. :_-(;C.'i'?.... , .. . . ... .... ... ? 7:-7y-.77:.177.,277. u-:.~..-.-.-. ';":'"--".~m',~m-~ ........ : .: .I'.'.TJT .............. ,t' '. ~ ' . .- 5. - ..... , . '..',- z _.: - '. _ "-, .., . . : ....: . .... t .,_" ,-: ..; , ,- - ......... - . . ,,, ,, . - ' ......... - ' -:- - - .U Professional h~lp¥:fO}-~he~-'cli~t}~-~--_.7.7.~T/5~.)?~7:~:~-~~;~C::..y_:....:: .7..i-:...:,:;}~;~7577.,..... .... :..::..~ ...... .g and disposal of hazardous mat~rialS'7.477.1.;~-.'-"-"'/.).:`..' ._.7..' -. CHe r al ightl " ~tS' pe son r s -' .-.-.- . .... .... .- . --- ..~ , .., - . - ' ~ . .. -. . _ .. ', . . ;, . . .",.-[-., ?:,'?. . , 14752 Holt Ave., Tustin, CA 92680 13071 Redhill Ave., Tustin, CA 92680 140 N. Wheeler , Orange, CA 92669 The Golden years Guest Home Licensed Residential Care Home Zeny Remigio, RN Owner/Administrator Telephone (714) 744-5939 POLICIES/PROCEDURES FOR QUALITY PATIENT CARE Io II. PURPOSE To set up guidelines and criteria for quality care. POLICY ..... · ~'-~ --~ .................................. . . Personnel should practice the following established protocolin delivering care. A. Admission of Patient: . . . . . . Greet clients and family. ' · ~7..- .Q.;.2'-i ~.. ' ~ · '" .... -. -~ . _'£.__.''.'-25£. - ~7£-7_ .. Take client t© his/her' r66~~-~:.-ili~~t~'-.~b, c~ conversation ff possible. -. ' .... ' . , .--.7:~.5~C:.!7--:-5~7:,:,7:¥L-_..::~i.-.` ~..., ::~:i:...:-:.~:.7~::-:~:~; Orient client with house roiitin~' (ile~, mehl tim~s and bM tiifi'd;vf0~/n':iJ~:-- ' .... : '- and bathroom locations) and introduce them to home Staff.-'"'i-~:,.-'.~ff~ . -. , ~,. ~.-..: Give reassurance and support to cfient and family." ':'::~--:--':';'"" '~'" .... ... Assure proper disposition of valuables, and belongings. ' ' ' ' Notify attending physician of admission and obtain orders. Assess client within a specified time of admission. --. -~: '~-:- . a) Weight and Blood Pressure b) Physical Needs' c) Psychosocial Needs , Most importantly, make the client feel welcome and at home. 14752 Holt Ave., Tustin, CA 92680 · 13071 Redhill Ave., Tustin, CA 92680 · 140 N. Wheeler , Orange, CA~2669 POINTERS 1. SIZE OF ROOMS The size of rooms exceeded the square footage requirement of the State of California Department of Social Services. . QUALITY OF LIFE OF RESIDENTS a. The quality of life of the residents are monitored by the Licensing Section of the Department of Social Services as evidenced by their unannounced visit to the facility. b. It is also monitored by State mandated Ombudsman, who also visit the facility to check the welfare and condition of the elderly. c. Lastly, the sons and daugthers of the residents also have their say regarding the care their mother/father is receiving from the facility. 3. PARKING Usually, the parking spaces are used long enough to pick up and drop off the elderly by the relatives. So, (1) parking space for every four (4) residents is sufficient based on my 16 years experience in this business. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 RESOLUTION NO. 96-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF · TUSTIN, CALIFORNIA, MODIFYING THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT 96- 019, AUTHORIZING THE CONVERSION OF AN EXISTING THREE (3) UNIT APARTMENT COMPLEX AND A SIX (6) PERSON RESIDENTIAL CARE FACILITY TO A SIXTEEN (16) PERSON REST HOME FOR THE ELDERLY AT THE PROPERTY LOCATED AT 14752 HOLT AVENUE. The City Council of the City of Tustin does hereby resolve as follows: I o The City Council finds and determines as follows: a. A proper application, Conditional Use Permit 96- 019, has been filed by James Kincannon on behalf of Arthur and Zeny Remigio to request approval to convert an existing three (3) unit apartment complex and a six (6) person residential care ~facility to a sixteen (16) person rest home for the elderly. B o A public hearing was duly noticed, called and held on said application' by the Planning Commission on September 23, 1996 at which time the Planning Commission adopted Resolution No. 3465 approving Conditional Use Permit 96-019. C o on october 7, 1996, the City Council appealed the Planning Commission's action related to Conditional Use Permit 96-019. D , A public hearing was duly noticed, called and held on said appeal by the City Council on November 4, 1996. E , That establishment, maintenance and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working in the neighborhood of such proposed use, nor to the general welfare of the City of Tustin as evidenced by the following findings: 28 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 96-115 Page 2 F o o , The proposed use, as conditioned, will not be detrimental to the surrounding properties in that the use as applied for is in conformance with Tustin's General Plan and Zoning Code. As conditioned, the use will be licensed by the State of California Social Services Department as a sixteen (16) person rest home for the elderly. . As conditioned, the use will not have a negative affect on surrounding property owners, or impact the availability of off- street parking in that the use shall be restricted to accepting only elderly residents that are not capable of living adequately under their own care and supervision and that do not own, maintain, or operate motor vehicles. The proposed rest home, therefore, will have no impact on the health, safety, morals, comfort or general welfare of individuals residing or working in the vicinity of the subject rest home. As conditioned, the use is compatible with the surrounding neighborhood in that most activities will be conducted within the building. The surrounding uses are primarily two-story residential apartment complexes which makes the proposed rest home acceptable at this location. Pursuant to Section 9272 of the Tustin Municipal Code, the Council finds that the location, size, architectural features and general appearance of the proposed rest home will not impair the orderly and harmonious development of the area, the present or future developmen~ therein, or the. occupancy as a whole. In making such findings, the Council has considered at least the following items: . , Height, bulk and area of the building. Setbacks and site planning. Exterior materials and colors. Size and spacing of windows, doors and other openings. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Resolution No. 96-115 Page 3 o Physical relationship of proposed structure to existing structures in the neighborhood. G. That the proposed project is categorically exempt (Class 1) pursuant to the California Environmental Quality Act Section 15301. II. The City Council hereby modifies the Planning Commission's action and approves Conditional Use Permit 96-019 to authorize the conversion of an existing three (3) unit apartment complex and an existing six (6) person residential care facility to a sixteen (16) person rest home for the elderly, at the property located at 14752 Holt Avenue, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the City Council, held on the 4th day of November, 1996. Tracy Wills Worley Mayor Pamela Stoker City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 96-115 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 4th day of November, 1996, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK 28 EXHIBIT A RESOLUTION NO. 96-115 CONDITIONS OF APPROVAL APPEAL OF CONDITIONAL USE PERMIT 96-019 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 4, 1996, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code. (1) 1.2 The developer shall hold and defend the City of Tustin harmless from all claims and liabilities out of the City's approval of the' entitlement process for this project. .(1) 1.3 Approval of Conditional Use Permit 96-019 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed', form as established by the Director of Community. Development. (1) 1.4 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.5 The subject project approval shall become null and void unless permits for the proposed project are issued within twelve (12) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. SOURCE CODES (1) STANDARD CONDITIONS (2) PLANNING COMMISSION POLICY (3) MUNICIPAL CODE *** EXCEPTION (4) UNIFORM BUILDING CODE (5) RESPONSIBLE AGENCY REQUIREMENT Exhibit A Resolution No. 96-115 Appeal of CUP 96-019 Page 2 USE RESTRICTIONS (1) 2.1 Occupancy shall not exceed sixteen (16) elderly residents and two (2) staff during the waking hours and reduced to one (1) staff person during the sleeping hours. The number of beds provided within the facility shall correspondingly be limited to a total of seventeen (17); (sixteen (16) elderly residents and one staff). (1) 2.2 Prior to obtaining a Certificate of Use and Occupancy, (5) the applicant shall obtain a valid license as required by the State of California Social Services Department for the operation of a sixteen (16) resident rest home for the elderly. A copy of such State License shall be provided to the Community Development Department. (1) 2.3 The use of the facility shall be restricted to a rest home for the elderly which accepts only elderly residents that are not capable of living'adequately under their own care and supervision and that do not own, maintain, or operate motor vehicles. *** 2.4 Visiting hours for the facility shall be limited to the hours between 8:00 a.m. and 9:00 p.m. *** 2.5 Staff member parking shall be limited to the covered carport spaces provided on site. *** 2..6 If in the future the City is advised that a parking and/or traffic problem exists on the site or in the vicinity as a result of the facility, the Director of Community Development may require the applicant to prepare a parking demand analysis and/or traffic study. If said study indicates that there is inadequate parking or a traffic problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Planning Commission. Said mitigation'may include, but are not limited to, the following: a. Adjust hours of operatiOn/visiting hours. b. Reduce resident capacity. *** 2.7 A deed restriction shall be recorded on the property indicating that the use of' the property is limited to a residential care facility for the elderly. If the property is to be converted to another use in the future, a new Conditional Use Permit shall be required and parking shall be provided in full compliance with the Zoning Code at rates in effect at such time any future Exhibit A Resolution No. 96-115 Appeal of CUP 96-019 Page 3 use is considered by the City. Said deed restriction shall be prepared by the applicant and is subject to review and approval by the Community Development Department and the City Attorney. Once approved and prior to issuance of any permits, the applicant shall record the deed restriction with the County Recorder. Proof of recording shall be provided to the Community Development Department prior to issuance of any permits.. SITE PLAN (1) 3.1 Details of the trash enclosure shall be provided on the construction drawings and shall included solid metal gates painted to match the building. (1) 3.2 The design, material and color of the existing front building shall match with the proposed design, material and color of the rear building, as shown on submitted color elevations. BUILDING DIVISION (4) 4.1 At building plan Check, the following items shall be submitted: a . Construction plans, structural calculations and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. b o Preliminary technical details and plans for all utility installations, including Cable TV, telephone, gas, water and electricity. Addition- ally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official (1) 4.2 Ail construction operations, including engine warm up, deliveries of materials and equipment, shall be subject to the provisions of the City of Tustin Noise Ordinance as amended, and may take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday, unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired, subject to application being made at the time the permit for the work is awarded or during progress of the work. No Sunday or 'holiday construction shall be permitted. Exhibit A Resolution No. 96-115 Appeal of CUP 96-019 Page 4 (1) 4.3 The shared spaces, bedrooms, bathrooms, toilets, (5) entrances, path of travel and a van accessible parking space shall be accessible to persons with disabilities. ENGINEERING DIVISION (1) 5.1 Both driveway'aprons will need to be reconstructed and/or (5) modified to meet current Americans with Disabilities Act (ADA) requirements. Driveway approach slope shall not exceed 10 percent and a minimum of four feet at 2 percent at the rear of the driveway approach shall be provided or other alternative design approved by the City Engineer. (1) 5.2 The property will require annexation to the Tustin (5) landscape and lighting district. The Public Works Department will require a letter from the prOperty owner stating this annexation will not be protested. LANDSCAPING (1) 6.1 At plan check, detailed landscaping plans shall be submitted reflecting the following: a) b) c) Turf is unacceptable for grades over 25 percent A combination of planting materials shall be used, ground cover on large areas alone is not acceptable. Provide a minimum of one 15 gallon size tree for every 30 feet of property line on the easterly property perimeter and shrubs where landscaping is provided shall be a minimum five (5) gallon size. (1) 6.2 Landscaping shall be maintained in a neat and healthy condition, this will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, and regular watering. FEES (1) 7.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a. Building plan check and permit fees to the Community Development Department based on the most current schedule. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. Exhibit A Resolution No. 96-115 Appeal of CUP 96-019 Page 5 (1) 7.2 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 $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.