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HomeMy WebLinkAbout04 PC REPORT CUP 2019-00012 PORTVIEW i AGENDA REPORT ITEM #4 1w MEETING DATE: SEPTEMBER 10, 2019 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2019-00012 APPLICANT: EDWARD D. MIGUEL, EdD, BCBA, PRESIDENT PORT VIEW PREPARATORY, INC. 23705 VIA DEL RIO YORBA LINDA, CA 92887 PROPERTY OWNER: JERRY YAHR, MANAGER KWT VALENCIA, LLC. 17755 SKY PARK EAST, SUITE 100 IRVINE, CA 92614 CONSULTANT: DONALD D. LAMM, AICP MANAGING PRINCIPAL DIAMOND STAR ASSOCIATES, INC. 4100 MACARTHUR BOULEVARD, SUITE 330 NEWPORT BEACH, CA 92660 LOCATION: 1361 VALENCIA AVENUE GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL BUSINESS ZONING: PLANNED COMMUNITY (PC) PACIFIC CENTER EAST SPECIFIC PLAN ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15301 , CLASS 1 . REQUEST: A REQUEST FOR A CONDITIONAL USE PERMIT (CUP) TO ESTABLISH A DAY CARE, REHABILITATION AND TRAINING FACILITY FOR DISABLED CHILDREN AND YOUNG ADULTS AND PORT VIEW PREPARATORY OFFICE HEADQUARTERS AND ASSOCIATED INTERIOR IMPROVEMENTS WITHIN THE EXISTING (APPROX. 75,226 SQUARE FOOT) BUILDING. PC Report September 10. 2019 CUP 2019-00012 Page 2 a� .r RECOMMENDATION: That the Planning Commission adopt Planning Commission Resolution No. 4390, approving Conditional Use Permit (CUP) 2019-00012 to establish a day care, rehabilitation and training facility for disabled children and young adults and associated interior improvements within the existing (approximately 75,226 square foot) building. APPROVAL AUTHORITY: The project site is located within the Pacific Center East Specific Plan (PCESP). Pursuant to Section 4.5 of the PCESP District Regulations, day care uses are subject to the approval of a CUP. Tustin City Code (TCC) Section 9291 c authorizes the Planning Commission to review CUP applications. BACKGROUND: Location and Surrounding Properties The project site is located within the PCESP which is bounded by the OCTA/SCRRA railroad right-of-way to the north, Valencia Avenue to the south, Red Hill Avenue to the east and State Route 55 freeway to the west. More specifically, the site is part of the Technology Center within the Specific Plan area, has a Planned Community (PC) zoning designation and is intended for the development of a general research and development, industrial and high technology center, with opportunities for limited ancillary commercial and office uses (Figure 1). Day care/nursery schools are a conditionally permitted use. The existing tilt- up building was constructed in the mid-1980's and has been recently updated. Areas north, east and west of the subject site are also located within the Technology Center of the PCESP area and consist of light industrial businesses and uses. Areas to the south of the subject site are located within the International Rectifier Specific Plan area and include light industrial and manufacturing uses. PC Report September 10, 2019 CUP 2019-00012 Page 3 y PCESP PCESP r p , International Rectifier w '� Specific Plan r` Figure 1 — Location Map DISCUSSION: Project Description The applicant is requesting approval to establish a day care, rehabilitation and training facility for disabled children and young adults within an existing two-story, 75,226 square foot building. The day care use will occupy the first floor of the building with the administrative corporate offices for the facility on the second floor. The proposed use (i.e. "Port View Preparatory-Rehabilitation and Training Facility') will be a day care, rehabilitation and training facility for disabled children and young adults between ages 5-22 years old who have been diagnosed with Autism Spectrum Disorder (ASD) and other developmental disabilities. The proposed use will not be a public or charter school and there will not be a playground or any outdoor recreation facilities. All activities will take place indoors and will include a comprehensive emersion of all aspects of rehabilitation and training which includes extensive clinical services such as: • Speech therapy • Behavior skills training • Clinical therapy • Vocational therapy • Physical therapy • Occupational therapy • Reading comprehension and • Weight training and exercise understanding • Yoga for muscle therapy • Motor skills training PC Report September 10, 2019 CUP 2019-00012 Page 4 In addition to the services, the applicant has also indicated that there will also be an educational component to the facility as the children and young adults cannot function or attend typical institutions or day care since they need extensive intervention. The 18-22- year olds are provided personal care, life training skills, social interaction and working skills. The applicant indicates that there will be a range of 120-150 children and young adults with a total of 150 employees. During its operation, transportation to and from the facility will be provided via 30 unmarked vehicles who will pick up and return the children or young adults to their homes in a discrete manner. While a few local parents may drop off their children, over 90% of their clientele are transported by the facility's employees who would drive the unmarked vehicles. Transportation services will depart early each morning, pick-up 2-5 children each at their homes, then return to the facility. In the afternoon, the same shuttles return the children to their homes and administrative employees would go home around five o'clock. There are no services offered in the evenings or on Saturdays. The subject building is two-story with 75,226 square feet with 213 parking spaces. The first floor will contain approximately 44,704 square feet and include training rooms, meeting rooms, offices, areas for occupational therapy, speech therapy, workstations, a multi- purpose assembly area, restrooms, cafeteria, cafe and store. The second floor will contain large open office spaces, meeting rooms and restroom facilities with 30,522 square feet. While the interior space will be remodeled and reconfigured, no exterior improvements are proposed. 1 ? r. i - •-7 i — .a i _... .___ -L- � 3I a - ,L• _ ______-J wr r _] U 1 - 7,1-Figure 2—Proposed First Floor Plan PC Report September 10, 2019 CUP 2019-00012 Page 5 J / .J Figure 3—Proposed Second Level Floor Plan Hours of Operation The proposed use would operate Monday through Friday from 8:00 a.m. to 5:00 p.m. Modifications to the hours of operation may be approved by the Director of Community Development if it is determined that impacts to surrounding tenant or properties occur. Parking/Circulation The proposed use would require 213 parking spaces based upon the parking rates as follows: Use Area (SF) Parking Ratio Parking Parking Required Provided 1 space per employee or 150 Day Care Use& teacher on maximum employees Administrative Offices 75,226 shift, plus one(1)space f 30 spaces for each 5 children at for students maximum enrollment =180 Shuttle Parking 1 space per shuttle 30(max.) Total Center 210 213 f PC Report September 10, 2019 CUP 2019-00012 E Page 6 No parking impacts are anticipated to result from the proposed use due to the existing surplus of parking stalls to meet the demand. Nonetheless, should a parking issue arise, proposed Conditions 1.7 and 1.8 would allow for reevaluation of the business and CUP. Noise Noise impacts from the proposed use are not anticipated since all activities are proposed to occur inside the proposed building. However, should a noise problem arise in the future, staff has provided Condition 2.3 which may require the applicant to implement noise attenuation if it is deemed that negative impacts are occurring in violation of City regulations and conditions of approval. ENVIRONMENTAL: This project is categorically exempt from further environmental review pursuant to CEQA Section 15301, Class 1, "Existing Facilities" in that the project site is an existing facility, involves minor alterations to the structure and negligible expansion to an existing commercial use. ANALYSIS: In determining whether to approve a CUP, the Planning Commission must determine whether or not the proposed use 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. A decision to approve this request may be supported by the following findings: (a) The proposed day care, rehabilitation and training facility for disabled children and young adults and associated administrative offices, as conditioned, would not be detrimental to, or have a negative effect on, surrounding properties in that the proposed facility is a standalone building with its own parking lot to accommodate clientele and employees. No impacts to surrounding properties are anticipated as the project site is surrounded by similar commercial and industrial uses. (b) The proposed day care, rehabilitation and training facility for-disabled children and young adults is authorized with the approval of a Conditional Use Permit within the Technology Center area of the Pacific Center East Specific Plan. PC Report September 10, 2019 CUP 2019-00012 Page 7 (c) The proposed use would provide a service needed in the community to provide day care, rehabilitation and training facility for disabled children and young adults. (d) The proposed hours of operation are Monday through Friday from 8:00 AM to 5:00 PM daily, which is consistent with the hours of operation for other uses in the area. (e) As conditioned, CUP 2019-00012 may be reviewed as needed, by the Community Development Director. If the use is not operated in accordance with CUP 2019-00012 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 CUP. (f) As conditioned, no noise impacts are anticipated in that all activities shall be conducted entirely within the building and would be required to comply with the City's Noise Ordinance. (g) The Tustin Police Department has reviewed the application and has no immediate concerns. (h) The proposed use would not have any aesthetic impacts to the area since no exterior modifications are proposed other than new signage. Staff recommends that that the Planning Commission adopt Planning Commission Resolution No. 4390 approving CUP 2019-00012 to establish a day care, rehabilitation and training facility for disabled children and young adults with associated administrative offices and associated interior improvements within the existing (approx. 75,226 square foot) building. (;411 �1 Erica H. Demkowicz, AICP D Elizabeth A. Binsack Senior Planner Director of Community Development Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans and Photos D. Applicant's letter with business description dated July 1, 2019 E. Planning Commission Resolution No. 4390 ATTACHMENT A LOCATION MAP 300 ft, 500 ft, and 1,000 ft Radius Map f '., 1,000 ft 500 ft 300 ft � FMIhM�M � t7 �.• \ 1+qy ? \ 1 F \ i 1 q 1 t Location Map 1361 Valencia, Tustin CA 92780 Project # CUP - 2019 - 00012 4 f ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2019-00012 2. LOCATION: 1361 VALENCIA AVENUE 3. PARCEL 2 OF PARCEL MAP 85-197 4.APN(S): 430-261-25 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: TPM 85-197 PER PC RESOLUTION NO. 2250 AND CC RESOLUTION NO 2289 6. SURROUNDING LAND USES: NORTH: INDUSTRIAL SOUTH: INDUSTRIALI[NDUSTRIAL BUSINESS EAST: INDUSTRIAL WEST: INDUSTRIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: PACIFIC CENTER EAST SPECIFIC PLAN SOUTH: PLANNED COMMUNITY INDUSTRIAL(INTERNATIONAL RECTIFIER PLANNED COMMUNITY) EAST: PACIFIC CENTER EAST SPECIFIC PLAN WEST: PACIFIC CENTER EAST SPECIFIC PLAN 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PLANNED COMMUNITY COMMERCIAL BUSINESS (PCCB) SOUTH: PLANNED COMMUNITY COMMERCIAL BUSINESS (PCCB) EAST: PLANNED COMMUNITY COMMERCIAL BUSINESS(PCCB) WEST: PLANNED COMMUNITY COMMERCIAL BUSINESS(PCCB) 9. SITE LAND USE: EXISTING PROPOSED Use: Formerly Commercial Office Day Care Zoning: Pacific Center East Specific Plan No Change General Plan: Planned Community Commercial Business No Change DEVELOPMENT FACTS: 10. LOT AREA: 152,760SF or 3_5 ACRES BUILDING SQ.FT.: 75,226 SF 11. BUILDING LOT COVERAGE: 100% MAX. PERMITTED NIA PROPOSED 12. SITE LANDSCAPING: NIA REQUIRED NIA PROPOSED 13. OPEN SPACE: NIA REQUIRED NIA PROPOSED 14. PARKING: 215 spaces REQUIRED 228 spaces_PROVIDED 15. BUILDING HEIGHT: 50 feet MAX. PERMITTED NIA PROPOSED 16. BUILDING SETBACKS: REQUIRED PROPOSED FRONT: 30 feet NIA STREET/INTERIOR SIDE: 30 feet15 feet NIA REAR: 30 feet NIA ATTACHMENT C SUBMITTED PLANS AND PHOTOS 0 0 77T I D= V I z n, C/) O ^^� O N N QOM I��!]N Mph a0 FT n, Q j z IL Q Q W z R� a Q c� U zoo W 5 W W a � ¢oo z (n _ _j a o' q Y Q zoo oro a =oofmwo W _ (n c�l m�`n� O � i n r7 FIEr z I z Y LF LLLLA Q �a H m N I ❑ o F-1 I I I � ❑ m O ]Ad VIONI�VA ° 0 FF \-----\- _ - ± e � l : vz - , ! LLJf §] : tF jm�----®---- . v _ } ° : . . . . . . ( � - � ° ° \ - , d�\ \ 2 ))( ! - © _ _ T---- - : r L- \\d L- \�\�\ \ \ ` � _ 2 g \ 0 2 � R 1� }Z R�F F� Q~ Q> W �U z LU LU >d 7 F> IK— Om o o 0 0 d,4 7 7 a a 0 a 7 =w� z 3 0 o. J= LL= a c, N e 41 �ttkt s e 4 ul"61 v" 1• �y,M1' �f h �D b aur y m $ ;✓ v - a a �l .' x 1: � . h.r�,, •i.r y NP r ' r '�as e�Yt$ t.' { *"I,moo Aa In mj �I rrli� ■ �t Icy � I r lul+ liar� i 4 ♦ r rj m 3 ` ,. 1! r eft[•. - 'r ri r r, d i ��.Mlur��" e����r y, a �•.. t �, � �R' w.��, � , c.r ; &4 S a, h � 4 t u� I I #.. l 1 1 �t 1 R i ,J `l ATTACHMENT D APPLICANT'S LETTER WITH BUSINESS DESCRIPTION DATED JULY 11 2019 Portview Preparatory, Inc. 23705 Via Del Rio, Yorba Linda, CA 92887 I111ED 11 July 1, 2019 JUL 08 2019 COMMUNITY DEVELOPMENT Steve Kozak, Chairperson; and, BY: Members of the Planning Commission CITY OF TUSTIN Community Development Department 300 Centennial Way Tustin, CA 92780 Subject: Application for Conditional Use Permit Port View Preparatory-Tustin 1351 Valencia Avenue, Tustin Honorable Chairperson and Commissioners: Thank you for consideration of a conditional use permit application, to open a "Port View Preparatory- Daycare, Rehabilitation and Training Facility" for children and young adults ages 5- 22 years old at 1361 Valencia Avenue, Tustin. More specifically, Port View Preparatory provides rehabilitation and training for disabled children and young adults who unfortunately are diagnosed with Autism Spectrum and other developmental disabilities. Autism is a complex neurobehavioral condition that includes impairments in social interaction, developmental language, and communication skills, combined with rigid, repetitive behaviors. Since there is such a range of symptoms, the condition is called "Autism Spectrum Disorder" (ASD). ASD ranges in severity from a disorder that somewhat limits an otherwise normal life, to characteristics of marked difficulties behaviorally, with social interaction, communication, and sensory impairment, or unfortunately, can be a devastating disability that may require institutional care.. In our world of rehabilitating and training children and young adults, we focus more on the positive aspects of their lives and refer to them as "our kids".Their needs are greater than parents can provide at home or at school. Port View Preparatory is not a public or charter school, we do not have a playground or any outdoor recreation facilities, but we do provide a comprehensive emersion of all aspects of rehabilitation and training which includes extensive clinical services such as: o Speech therapy o Clinical therapy o Physical therapy o Social skills training o Reading comprehension and understanding o Motor skills training o Behavior skills training o Vocational therapy o Occupational therapy o Weight training and exercise o Yoga for muscle therapy Our kids cannot function or attend typical institutions or daycare since they need extensive intervention. We do have an educational component, but that is one of many services needed by these children and young adults. Our total clientele will range from 120-150 children and young adults, with the youngest typically starting at 5.5 years old. The 18 to 22-year olds are provided personal care/life training for such basic needs as operating a washing machine. They also learn social interaction and working skills as cashiers in our training store and cafeteria. We also provide transitional training by partnering with local businesses who employ our special needs young adults.A partner business, such as Petco Pet Supplies, for example, would require limited physical demands and personal care of animals which are enjoyable tasks to our children and adults. What makes Port View Preparatory special is our personal attention to the needs of our children and their parents coping with the trauma of raising a child with a disability. Therefore, we have a fleet of unmarked Chevrolet Suburban vehicles who pick up and return our children to their homes in a discrete manner. While a few local parents may insist on dropping off their children, over 90% of our clientele are transported by our employees. To rehabilitate and train 120-1.50 children we will employ up to 150 people. While our first floor is the daycare, rehabilitation, training area and offices, the second floor will be administrative corporate offices for all Port View Preparatory facilities.The subject building is 75,225 sf with 213 parking spaces which far exceeds our parking need with only 150 employees and very few parents delivering or picking up their children. Our transportation services of 30-35 shuttle vehicles depart early each morning, pick up 2-5 children each at their homes, then return to the facility. In the afternoon,the same shuttles take all children to their homes and administrative employees go home around five o'clock.We currently do not provide services in the evenings or on Saturday, but that may be something that we need to provide in the future. The subject building on Valencia Avenue is perfect for our business,convenient to the 55 Freeway and Edinger access, Red Hill Avenue is near us, and we are not in a residential area which might attract undue attention which is a concern for our parents. There is a desperate need for our services centered in Tustin, and we would serve the surrounding communities as well.At present, some parents in the area must drive 15 or more miles to find similar services and hope to find care for their child.Wherefore,we believe what we offer is an extraordinary benefit to the Tustin community,would not have any adverse impact on the business park where we are locating, and provides parents a sense of local services for their children, 2 We recognize the City requires a conditional use permit be issued before we can open.Therefore, we seek your approval and commit to bringing our expertise and services to your community. We hope you will be excited about this new business which will also provide more jobs. There are a considerable number of parents who seek rehabilitation and training services for their children, however, we will make every effort to comfort the parents and their special needs children from your community. Thank you and City staff for welcoming us to Tustin, understanding our "special needs", and supporting our effort to serve your community. My authorized agent Don Lamm and I will attend the Planning Commission meeting to make our presentation and answer your questions. We are also available in advance should you wish to learn more about our services.Therefore, please do not hesitate to contact me with any questions you may have. Sincerely, 1 Edward S. Miguel, EdD, BCBA President Attachments: Building photographs Property site plan First and second floors building plans 3 ATTACHMENT E RESOLUTION NO. 4390 RESOLUTION NO. 4390 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 2019-00012 AUTHORIZING THE ESTABLISHMENT OF A DAYCARE, REHABILITATION AND TRAINING FACILITY FOR DISABLED CHILDREN AND YOUNG ADULTS AND ASSOCIATED INTERIOR IMPROVEMENTS WITHIN THE EXISTING INDUSTRIAL BUILDING LOCATED AT 1361 VALENCIA AVENUE. The Planning Commission does hereby resolve as follows: 1. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2019-00012 was filed by Edward S. Miguel of Port View Preparatory, Inc., requesting authorization to establish a daycare, rehabilitation and training facility for disabled children and young adults within an existing 75,226 square foot industrial building at 1361 Valencia Avenue. B. The project site is located within Pacific Center East Specific Plan (PCESP) and has a General Plan land use designation of PCCB, which provides for a variety of research, development and industrial uses and limited ancillary commercial and office uses. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub- element. C. That pursuant to Section 4.5 C of the PCESP District Regulations, day care uses are conditionally permitted uses within the Technology Center of the PCESP and pursuant to Section 5.3, all discretionary applications (including CUPs) shall be reviewed by the Planning Commission. Section 9271 of the TCC authorizes the Planning Commission to review such applications. D. The proposed daycare, rehabilitation and training facility is located in a standalone existing industrial building which provides for a variety of research, development and industrial uses and limited ancillary commercial and office uses. The characteristics of the proposed -use and hours of operation would be similar to other uses in the vicinity. E. That a public hearing was duly called, noticed, and held for CUP 2019-00012 on September 10, 2019, by the Planning Commission. F. That the establishment, maintenance, and operation of the proposed use 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 injurious or detrimental to the Resolution No. 4390 Page 2 property and improvements in the vicinity of the subject property, or to the general welfare in the City in that: 1) The proposed day care, rehabilitation and training facility for disabled children and young adults and associated administrative offices, as conditioned, would not be detrimental to, or have a negative effect on, surrounding properties in that the proposed facility is a standalone building with its own parking lot to accommodate clientele and employees. No impacts to residential properties are anticipated as the project site is surrounded by other commercial and industrial uses. 2) The proposed day care, rehabilitation and training facility for disabled children and young adults is authorized with the approval of a Conditional Use Permit within the Technology Center area of the Pacific Center East Specific Plan. 3) The proposed use would provide a service needed in the community to provide day care, rehabilitation and training facility for disabled children and young adults. 4) The proposed hours of operation are Monday through Friday from 8:00 AM to 5:00 PM daily, which is consistent with the hours of operation for other uses in the area. 5) As conditioned, CUP 2019-00012 may be reviewed as needed, by the Community Development Director. If the use is not operated in accordance with CUP 2019-00012 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 CUP. 6) As conditioned, no noise impacts are anticipated in that all activities shall be conducted entirely within the building and would be required to comply with the City's Noise Ordinance. 7) The Tustin Police Department has reviewed the application and has no immediate concerns. 8) The proposed use would not have any aesthetic impacts to the area since no exterior modifications are proposed other than new signage. G. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations(Guidelines for the California Environmental Quality Act). Resolution No. 4390 Page 3 II.. The Planning Commission hereby approves CUP 2019-00012 authorizing the establishment of a daycare, rehabilitation and training facility located within an existing 75,226 square foot building located at 1361 Valencia Avenue, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 10th day of September, 2019. STEVE KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4390 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of September, 2019. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2019-00012 1369 VALENCIA AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 10, 2019, 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 (TCC). (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 (CUP) 2019-00012 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 I I62(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's 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 CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Conditional Use Permit 2019-00012 Exhibit A Page 2 (1) 1.7 CUP 2019-00012 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 CUP. (1) 1.8 If in the future the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to 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 and/or Public Works Department. Said mitigation may include, but are not limited to, the following: a. Establish alternative hours of operation. b. Provide additional parking. c. Install additional sound attenuation material. (1) 1.9 As a condition of approval of CUP 2019-00012, 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 agreesto 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 This approval is for a tenant improvement to an existing 75,226 square foot commercial office building that will be utilized as a daycare, training and rehabilitation facility for 150 disabled children and/or young adults on the first floor and administrative office headquarters on the second floor with 213 existing, on-site parking spaces. The use also includes a total of 150 employees. Parking for the property shall be parked at one (1) parking space per employee and one (1) parking space per five (5) students in accordance with Table 5 of the Pacific Center East Specific Plan. Conditional Use Permit 2019-00012 ' Exhibit A Page 3 (1) 2.2 The hours of operation for the business are: Monday-Friday, 8:00 a.m. —5:00 p.m. 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. (1) 2.3 All activities shall comply with the City's Noise Ordinance. The applicant shall install, as necessary, interior sound attenuation material to minimize noise impacts on adjacent tenants. (1) 2.4 No outdoor storage shall be permitted except as approved by the Community Development Director. All outdoor refuse collection shall be screened visually from the streets and highways. Collection areas shall be shielded from view within a building or enclosed by a wall not less than six (6) feet in height. (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 by the Planning Commission. (1) 2.6 Installation of any vehicular gates to the site shall be subject to review and approval by the Community Development Department. The applicant shall obtain a building permit and said gate(s) shall be subject to review and approval by the Orange County Fire Authority (OCFA). (1) 2.7 All landscaping installation shall conform with the City of Tustin's Landscape Water Efficiency Ordinance. (1) 2.8 If the use authorized by CUP 2019-00012 is discontinued for one (1) year, then it shall be conclusively presumed that such use has been abandoned and CUP will be deemed null and void. (1) 2.9 All proposed signage shall be in compliance with the Tustin City Code and subject to review and approval by the Community Development Department. (1) 2.10 All activities shall be located within an enclosed building. No congregating or loitering shall be permitted in the parking lot at any time. (1) 2.11 Gate between guest parking and shuttle parking areas shall remain open during regular business hours. (1) 2.12 The designated shuttle parking area shown on the site plan shall be in excess of the required number of parking spaces for the use. Conditional Use Permit 2019-00012 Exhibit A Page 4 PLAN SUBMITTAL (1) 3.1 All construction shall comply with 2016 California Building Code, California (5) Mechanical Code, California Electrical Code, California Plumbing Code, California Green Code and California Energy Code. (1) 3.2 Architectural plans, egress plants, plumbing, mechanical, electrical and structural plans shall be submitted with permit application. All plans shall be signed by a registered architect or civil/structural engineer. (3) 3.3 Provide building data on plans, i.e., construction type, occupancy group and occupant load. (3) 3.4 Provide at least one (1) accessible route within the site from the accessible parking spaces and accessible loading zones; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance. When more than one route is provided, all routes must be accessible. (3) 3.5 Provide accessible restroom facilities per CBC chapter 11 B. (3) 3.6 Provide accessibility in all medical, consulting, staff room, waiting areas, service counters and etc. per CBC chapter 11 B. (1) 3.7 The applicant shall submit to the Public Works Department 24" x 36" reproducible public improvement plans, as prepared by a California Registered Civil Engineer, for review and approval. Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveway aprons and sidewalk adjacent to the site. The applicant shall remove and reconstruct the westerly driveway to meet the most current ADA requirements. (1) 3.8 Prior to issuance of an Encroachment Permit for construction within the public right-of-way, a 24" x 36" construction area traffic control plan, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. (1) 3.9 The applicant shall design and construct sidewalk along project frontage on Valencia Avenue. (1) 3.10 Prior to any work in the work in the public right-of-way, an Encroachment Permit shall be obtained,from and applicable fees paid to the Public Works Department. (1) 3.11 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing Irvine Ranch Water District (IRWD) public water facilities affect by the proposed project. i Conditional Use Permit 2019-00012 Exhibit A Page 5 (1) 3.12 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 65 percent of the project waste material or the amount required by the California Green Building Standards Code. 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 in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $2,500.00, whichever is greater. In no event shall a deposit exceed $25,000.00. b. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashiers check, personal check, or money order made payable to the "City of Tustin". (1) 3.13 Facility Solid Waste Collection and Recycling Plan. a. The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling programs. b. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). c. Waste and Recycling collection facilities must be placed in a location that can be easily and safely accessed by the solid waste hauler while utilizing either front loader or side loading equipment. d. Adequate collection capacity shall be provided to ensure that collection frequency shall not exceed four (4) times per week for commercial customers. e. All trash enclosures shall be designed with a roof and be able to accommodate at least two (2), 4-yard bins, with at least one (1) bin reserved for recyclable materials. (1) 3.14 Orange County Fire Authority (OCFA).: a. Prior to OCFA clearance of a building permit, a fire master plan (PR 145) shall be submitted to OCFA for review and approval. b. Prior to issuance of a building permit, a gate plan shall be submitted to OCFA for review and approval — if not included in the fire master Conditional Use Permit 2019-00012 Exhibit A Page 6 plan. Architectural plans shall also be provided to OCFA for review and approval. c. Prior to concealing interior construction, a fire alarm system plan and fire sprinkler plan shall be submitted to OCFA for review and approval. FEES (1) 4.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight(48)hour period the applicant has not delivered to the Community Development Department the above-noted check,the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. (1) 4.2 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following; a. Building, Planning and Public Works plan check and permit fees b. Orange County Fire Authority plan review fees