Loading...
HomeMy WebLinkAboutPC RES 3984 RESOLUTION NO. 3984 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 05-015 AUTHORIZING THE CONVERSION OF AN EXISTING REST HOME FOR THE ELDERLY LOCATED AT 240 E. THIRD STREET INTO A REST HOME FOR ALZHEIMER PATIENTS AND INCREASING THE OCCUPANCY FROM THIRTY-TWO (32) PATIENTS TO FORTY-TWO (42) PATIENTS. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 05-015 was filed by Mr. Loren B. Shook, on behalf of Silverado Senior Living, requesting authorization to the convert an existing rest home for the elderly located at 240 E. Third Street into a rest home for Alzheimer patients and increasing the occupancy from thirty-two (32) patients to forty-two (42) patients. B. That the General Plan "Community Commercial" land use designation and Central Commercial with Combining Parking (C-2) zoning district provide for a variety of commercial uses such as retail businesses and service businesses including rest homes with the approval of a Conditional Use Permit. Rest homes are allowed with the approval of a Conditional Use Permit as required by Section 9233.c(p) of the Tustin City Code. 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 a public hearing was duly called, noticed, and held on said application on August 8, 2005, by the Planning Commission. D. That the establishment, maintenance, and operation of a rest home for Alzheimer patients will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, in that: 1. As conditioned, the use would be limited to a rest home for Alzheimer patients with no more than forty-two (42) patients at any given time. 2. As conditioned, the six (6) parking spaces on-site and the eight (8) non-exclusive parking spaces at the adjacent City-owned Main Street Reservoir parking lot could accommodate proposed use and would not result in a parking impact to the site. Resolution No. 3984 Conditional Use Permit 05-015 Page 2 3. The Traffic Engineer has determined that while the increase in occupancy would generate additional daily trips in the AM and PM peak hours, the increase can be accommodated by the existing street system capacity with no impact to existing levels of service. E. This project is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Resolution No. 3984 authorizing the conversion of an existing rest home for the elderly located at 240 E. Third Street into a rest home for Alzheimer patients and increasing the occupancy from thirty- two (32) patients to forty-two (42) patients, 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 8th day of August, 2005. ~~;?~ ELIZABETH A. B NSACK 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. 3984 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of August, 2005. ~~M~~~ ELIZABETH A. IN ACK Planning Commission Secretary .~ GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 EXHIBIT A RESOLUTION NO. 3984 CONDITIONAL USE PERMIT 05-015 CONDITIONS OF APPROVAL The proposed use shall substantially conform to the submitted plans for the project date stamped August 8, 2005, 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 and other applicable codes. 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. Approval of Conditional Use Permit 05-015 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 within ten (10) days of approval of Conditional Use Permit 05-015. As a condition of approval of Conditional Use Permit 05-015, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY (1 ) Exhibit A Resolution 3984 Conditional Use Permit 05-015 Page 2 (1 ) 1.5 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. (1 ) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys' fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1 ) 1.7 In accordance to the State American with Disabilities Act (ADA), vehicle parking, primary entrance to the building, the primary paths of travel, sanitary facilities, drinking fountain, and public telephones would need to be accessible to persons with disabilities. As proposed, a minimum of one (1) ADA compliance parking space with a minimum of five (5) foot loading area would need to be provided within the on-site parking area. Conversion of the remaining five (5) spaces into compact spaces may be required to maintain the number of required parking spaces to support the proposed 42- bed occupancy. 1.8 The dining terrace shall be enclosed with decorative wrought iron fence or other materials as approved by the Community Development Director. Use Restrictions (***) (1 ) (1 ) (1 ) 1.9 The maximum number of patients at any given time shall not exceed forty- two (42) persons provided that the existing six (6) on-site parking spaces and eight (8) parking spaces at the City's adjoining Water facility parking lot remain available to serve the use. Any increase in the number of patients would need to be reviewed and approved by the City of Tustin. 1.10 The existing storage shed located in the parking area would need to be removed from the site. No outdoor storage shall be permitted except as approved by the Community Development Director. 1.11 All signs shall require sign permits and shall comply with the Tustin Sign Code. 1.12 The applicant shall develop a parking monitoring and enforcement program subject to review and approval (which approval shall not be withheld, conditioned, or delayed) of the Community Development Director prior to establishment of the use to ensure that there is a sufficient number of parking spaces available for the site If in the future the City determines that there is an insufficient number of parking spaces available for the site, the Community Development Director may require the applicant to - --- -~ ---,-- - ------ - Exhibit A Resolution 3984 Conditional Use Permit 05-015 Page 3 prepare a parking demand analysis at the applicant's cost. If said study indicates that there is inadequate parking, the applicant shall be required to provide additional reasonable mitigation measures to be reviewed and approved (which approval shall not be withheld, conditioned, or delayed) by the Community Development Department and/or Public Works Department. Said additional mitigation measures may include, but are not limited to, the following: . Encourage employees to car-pool or use public transportation . Demonstrate reasonable efforts to facilitate employee parking spaces off-site, to the extent practical and reasonable. . Demonstrate reasonable efforts to secure additional property for additional parking spaces. (1 ) 1.13 Conditional Use Permit 05-015 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with the conditions of approval. If the use is not operated in accordance with Conditional Use Permit 05-015, the Community Development Director shall impose such reasonable conditions as may be required to ensure compliance with the Conditional Use Permit. BUILDING DIVISION (3) 2.1 At plan check submittal, please provide a minimum of one (1) ADA compliant parking space with a minimum of five (5) foot loading area within the on-site parking area per section 118A.1 of the 2001 California Building Code (CBC). Conversion of the remaining five (5) spaces into compact spaces may be required to maintain the number of required parking spaces to support the proposed 42-bed occupancy. (3) 2.2 At the time of building permit application, the plans shall comply with the most recently adopted codes. The City is currently using the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Code (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, City Ordinances, and State and Federal laws and regulations. Building plan check submittal shall include the following: . Seven (7) sets of construction plans, including mechanical, plumbing, and electrical; Two (2) copies of structural calculations; and drawings for . Exhibit A Resolution 3984 Conditional Use Permit 05-015 Page 4 (1 ) (5) 2.4 . Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off- site where applicable. Vehicle parking, primary entrance to the building, the primary paths of travel, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. . 2.3 Prior to issuance of demolition, precise/rough grading, and/or building permits with a valuation of $50,000 or greater, the applicant shall submit for approval by the City of Tustin, Construction & Demolition (C&D) debris collection, disposal, and diversion information in the City prescribed forms. At least 50 percent of the construction debris shall be diverted from landfill to the recycling plants. A security deposit in amount of $50 per ton (not to exceed $5,000 per project) for Construction & Demolition security deposit will be collected prior to issuance the permit. Prior to final inspection, the applicant shall submit to the City of Tustin documents such as a receipt from vendor showing actual weight or volume of each material of C&D diverted to the recycling center. For any questions or concerns, please contact Joe Meyers at (714) 573-3173. Prior to permit issuance, clearances from the following are required: Orange County Fire Authority and the State Department of Occupational Safety and Health. PUBLIC WORKS/ENGINEERING (1 ) 3.1 (1 ) 3.2 (1 ) 3.3 A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, shall be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements shall be required adjacent to this development. In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation may be required. Upon removal of the existing westerly driveway along East Third Street, the applicant shall design and construct sidewalk, curb, and gutter per the City of Tustin's Standard Drawings and Design Standards for Public Works Construction. Any damage done to existing street improvements and utilities shall be repaired before issuance of Occupancy for the project. Exhibit A Resolution 3984 Conditional Use Permit 05-015 Page 5 (1 ) 3.4 (1 ) 3.5 (1 ) 3.6 (5) 3.7 Current Federal American with Disabilities Act (ADA) requirements shall be met at the drive aprons, curb ramp and sidewalk. The applicant shall remove and replace any damaged and/ or missing driveway, curb ramps, and sidewalk. Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained and applicable fees paid to the Public Works Department. The City of Tustin is required to comply with the recycling requirements contained in the California Integrated Waste Management Act of 1989. To facilitate the City's compliance with this law, the applicant shall comply with Section 4327 of the Tustin City code which details requirements for developing and implementing a Waste Management Plan. The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling program. This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. ORANGE COUNTY FIRE AUTHORITY (5) 4.1 FEES (1 ) 5.1 Prior to issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form." This will determine the occupant load and will indicates if a change in use -has been made. Prior to issuance of any building permits, payment shall be made of all applicable fees based upon those rates in effect at the time of payment, including but not limited to, the following: a. Building plan check and permit fees to the Community Development Department. b. Orange County Fire Authority plan check and inspection fees to the Community Development Department. c. Major Thoroughfare and Bridge Fees (TCA) to the Tustin Public Works Department. The appropriate credit will be given to the existing structures. d. Orange County Sanitation District No.7 Sewer Connection fees. The appropriate credit will be given to the existing structures. Exhibit A Resolution 3984 Conditional Use Permit 05-015 Page 6 e. 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 forty-three dollars ($43.00) 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.