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Home My WebLink AboutPH 1 ZONE CHANGE 84-4 12-07-87PUBLIC HEARING TO: FROM: WILLIAM HUSTON, CITY I~,ANAGER COI~4UN~TY DEVELOPHENT DEPARTHENT SUBJECT: AMENDHENT NO. I TO ZONE CHANGE 84-4; Applicant, Goldrtch, Kest and Associates; Location, 1262 Bryan Avenue . J RECOI~ENDED ACTION M.O. That Ordinance No. 998 have first reading by title only. M.O. That Ordinance No. 998 be Introduced. BACKGROUND The Planning Commission at a regular meeting on November 9, 1987 recommended approval of Amendment No. 1 to Zone Change 84-4. The proposed amendment would authorize a modification of the Development Plan for Tustin Royale to allow a maximum of six (6) non-ambulatory walker assisted senior residents on the site. The Planning Commission's recommendation was subject to the following conditions: . There shall be a maximum of six(6) non-ambulatory, walker assisted, senior residents at any' one time. . These non-ambulatory persons shall be walker and cane assisted only, no bed-ridden or wheelchair guests are allowed. . These conditions shall become a part of the permit which is licensed and inspected by the Department of Social Services. . These conditions shall be added to the Covenant and Agreement dated March 4, 1987 for the Tustin Royale and recorded at the Orange County Recorder's Office. No final Certificate of Occupancy shall be granted to Tustin Royale until a copy of this recorded document is on file in the City Clerk's Office. . Any amendment to the plan shall be submitted for City approval prior to any alteration of the site or use. . All conditions of approval listed in Ordinance 917 are herein incorporated into this approval. City Counci 1 Report Zone Change 84-4 December 7, 1987 pa ge two DISCUSSION On September 17, 1984 the City Council adopted Ordinance 917 which rezoned the subject parcel and approved the development plan for the Tustin Royale Senior Citizen's Care Facility. The Ordinance specifically approved an 85 unit, three-story senior citizen board and care home for "ambulatory" guests ("ambulatory persons" are defined as persons who can walk unassisted). In January of 1985 building plans were submitted for plan check and subsequently a building permit was issued for an R-1 occupancy (hotel and apartment houses). Three months after construction commenced, Goldrich and Kest revised their building plans and requested a change of occupancy for an I-2 occupancy which would allow the facility to be licensed under the Department of Social Services. A Nursing Home for ambulatory patients is defined under State law as a group I-2 occupancy. However, the Uniform Building Code requires that all "I" occupancies have exit doors 44" clear and corridors serving any housing area with one or more non-ambulatory persons be not less than eight (8') feet in width. This building has not been modified to meet all of these code requirements because the corridors and exit doors had already been constructed. However, other structural and fire wall changes were made to comply with the I-2 occupancy. The applicant's request to amend the development plan would allow a maximum of six (6) non-ambulatory walker, assisted, senior residents. The State definition for non-ambulatory persons is as follows: "Persons unable to leave a building unassisted under emergency conditions, including but not limited to persons who depend upon mechanical aids such as crutches, walkers, wheelchairs, and profoundly or severely mentally m, retarded persons. According to the Orange County Fire Department, a person that uses a mechanical aid is not considered non-ambulatory if they can demonstrate to the satisfaction of the Social Services Department that they can exit a building without the use of the mechanical aid. In this particular case the applicant is requesting that not more than six (6) walker assisted residents be allowed to reside in the Tustin Royale Project even though the exit doors and corridors are smaller than the code requires because these persons demonstrated that they can exit a building without the use of a mechanical aid. In discussions with the staff of the Department of Social Services, they have no problem allowing the non-ambulatory residents, because their permit presently allows not more than six (6) non-ambulatory residents. The Social Services Department has been strictly enforcing this provision. Corn rnunity Development Departrnen~ Ctty Counctl Report Zone Change 84-4 December 7, 1987 page three CONCLUSTON The Orange County Fire Department and the State Department of Soc.tal Services both support the applicants request provided non-ambulatory persons can demonstrate that they can exit the buildfng in case of a fire. In light of the Planntng Commission's recommendation on the proposed amendment, it is recommended that the City Council approve the proposed amendment, subject to all conditions identified by the Planning Commission. Associate Planner MAC'CAS'ts Attachments' Ordinance No. 998 Fire Department Report Director of' Communt t~rD~vel opmen t Corn rnunity DeveloPment Department October 5, 1987 GE ORANGE COUNTY FIRE DEPARTMENT 180 SOUTH WATER STREET P.O. BOX 86, ORANGE, cALIFORNIA 92666-0086 (714) 744-0400 LARRY J. HOLMS DIRECTOR OF FIRE SERVICES SERVING THE UNINCORPORATED AREAS ~)F ORANGE COUNTY AND THE CITIES OF: CYPRESS IRVlNE LA PALMA LOS ALAMITOS PLACENTIA SAN JUAN CAPISTRANO SEAL BEACH STANTON TUSTIN VILLA PARK YORBA LINDA Mary Ann Chamberlain, Associate Planner Community Development/Planning Division City of Tustin 300 Centennial Way Tustin, CA 92680 Dear Ms. Chamberlain' !he purpose of this letter is to respond' to your request for an explanation of cc. de requirements (non-ambulatory persons) as may apply to Tustin Royale. The Tustin Royale building is presently a Group I Division 2 Occupancy as classified by the Tustin Building Official. Title 24, California Administrative Code (CAC), Section 2-1001 defir, es a Group I [,'~vision 2 Occupancy as' Nursing homes for ambulatory patients, homes for r,~.ildren six years of age or over (each accommodating more than 6 persons). Title 24, CAC, Section 2-415 defines a non-ambulatory person as a person unable .z~ leave a building unassisted under emergency conditions. It includes, but is nrJt limited to, persons who depend upon mechanical aids such as crutches, walkers and wheelchairs, and profoundly o~ severely mentally retarded persons. A person 'that normally uses a mechanical aid is not considered non-ambulatory if they can demonstrate to the satisfaction of the Social Services Department, that they can exit the building without the use of the mechanical aid. Title 22, CAC, does not allow bedridden patients in a residential care facility. Such patients shall bereferred to a skilled nursing facility. This is enforced by the Social Services Department. I am happy to assist you in your request for an explanation of code requirements. Please let me know if I may be of any further service. Sincerely, Scott R. Nelson Fire Captain SRN'jc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING AMENDMENT NO. 1 OF ZONE CHANGE 84-4, FOR THE PROPERTY KNOWN AS TUSTIN ROYALE, 1262 BRYAN AVENUE The City. Council of the City of Tustin does hereby ordain as follows: I. The City Council finds and determines: A. That a proper application has been filed by Goldrich, Kest and Associates requesting authorization to amend the development plan for Tustin Royale (Ordinance No. g17) to allow a maximum of six (6) non-ambulatory, walker assisted, senior residents at 1262 Bryan Avenue. B. That the development plan previously approved established a senior citizen residential board and care retirement home for occupants 55 years of age or older. C. That the amendment to the development plan as applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals and general welfare of the community and should be granted, evidenced by the following findings' 1. Thts amendment as proposed conforms with the provisions of the City's general plan and zoning ordinance which designated Tustin Royale as a senior citizen retirement home. e The intent of this use was to allow diversification of land uses in order to accommodate this housing opportunity for the board and care of senior citizens. 3. The project may not be amended in any substantial fashion without approval by the City's Planning Commission and City Counci 1. D. This project is Categorically exempt from the requirements of the California Environmental Quality Act as a Class I - Existing Facility which consists of the operation of a private facility involving no expansion of use beyond that previously existing. 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 15 19 23 2~ 25 27 28 Ordinance No. 998 Page ~o The Ctty Counctl hereby approves Amendment No. i to Zone Change 84-4 Development Plan subject to the fol]owtng conditions' 1. There shall be a maximum of six (6) non-ambulatory, walker assisted, senior residents at any one time. 2. These non-ambulatory persons shall be walker and cane assisted only, no bed-ridden or wheelchair guests are allowed. 3. These conditions shall become a part of the permit which is licensed and inspected by the Department of Social Services. ® These conditions shall be added to the Covenant and Agreement dated March 4, 1987 for the Tustin Royale and recorded at the Orange county Recorder's Office. No final Certificate of Occupancy shall be granted to Tustin Royale until a copy of this recorded document is on file in the City Clerk's Office. 5. Any amendment to the plan shall be submitted for City approval prior to any alteration of the site or use. 6. All conditions of approval listed in Ordinance 917 are herein incorporated into this approval. PASSED AND ADOPTED at a regular meeting of the City Council on the day of , 1987. Ri chard B. Edgar Mayor Mary E. Wynn City Clerk