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HomeMy WebLinkAbout01 ZA REPORT ADULT DAYCARE DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA r AGENDA REPORT MEETING DATE: SEPTEMBER 7, 2021 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: USE DETERMINATION 2021-0001 AND CONDITIONAL USE PERMIT 2021-0014 APPLICANT: PROPERTY OWNER: SHAHID CHAUDHRY HARRY CROWELL 14471 CHAMBERS ROAD, SUITE 105 WHOLE IN ONE MANAGEMENT, LLP TUSTIN, CA 92780 3189 AIRWAY AVE., UNIT D COSTA MESA, CA 92626 LOCATION: 14471 CHAMBERS ROAD, SUITE 105 GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS ZONING: PLANNED COMMUNITY INDUSTRIAL ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO ESTABLISH AND OPERATE AN ADULT DAYCARE CENTER. 4000 w DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA Zoning Administrator September 7, 2021 Use Determination 2021-0001 CUP 2021-0014 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 21-006 approving Use Determination (UD) 2021-0001 and Conditional Use Permit (CUP) 2021- 0014 to establish and operate an adult daycare center located at 14471 Chambers Road. APPROVAL AUTHORITY The subject property is designated as Planned Community Commercial/Business (PCCB) by the Tustin General Plan, is zoned Planned Community Industrial (PC-IND) and is within the Irvine Industrial Complex - Tustin, which allows a variety of uses including manufacturing, assembly, warehousing, laboratories, other light industrial uses, offices and support commercial uses. Other uses, such as private indoor recreational uses including batting cages, dance studios, gymnastic studios and martial arts studios are conditionally permitted subject to the approval of a CUP. Tustin City Code (TCC) Section 9298 authorizes the Community Development Director to make a use determination as to whether an unlisted use is similar to other permitted or conditionally permitted uses. An adult daycare use is not a listed permitted or conditionally permitted use within the Planned Community (PC) District Regulations for the Irvine Industrial Complex - Tustin. This Use Determination has been referred to the Zoning Administrator to review concurrently with the Conditional Use Permit. TCC Section 9299b3(f) authorizes the Zoning Administrator to review applications for minor conditional use permits for existing developments where there would be no change of primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. BACKGROUND AND DISCUSSION Location The project site is located at the knuckle of Chambers Road and is bounded by Tustin Ranch Road to the northwest and Walnut Avenue to the southwest (Figure 1). Abutting properties are all within the Irvine Industrial Complex - Tustin and consist of office buildings, warehouses and other light industrial uses. Residential properties are located across Tustin Ranch Road to the west and northwest and industrial and office uses are located to the east, south and northeast. The subject property is improved with a 17,625 square foot multi-tenant, two (2) story office building with an exterior courtyard on a 67,582 square foot lot. The tenant space for the proposed business is 1,391 square feet in size and is located on the first floor. DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA Zoning Administrator September 7, 2021 Use Determination 2021-0001 CUP 2021-0014 Page 3 ur PC -RES 4' } 14471 Chambers Rd. r S PC COMM Figure 1 —Area Map Project Description The applicant is proposing an adult daycare center which would provide daytime care within the subject tenant space. The use would provide a service to families and caregivers who are unable to provide complete care at all times for older adults or disabled individuals. Services to be provided to the attendees of the daycare facility would include meals, recreation/socialization, personal care assistance, exercise/physical fitness activities, health monitoring, and medication management. Additional services would include counseling and education to family members or caregivers of the attendees. No nursing or medical care, non-ambulatory care, or overnight care will be provided at the site. Participants would be driven to the facility by their caregivers. No tenant improvements are necessary or proposed to accommodate the use. The proposed 1,391 square-foot floor plan includes an indoor open recreational activity and exercise area, a small kitchen for meal preparation, a restroom, and two (2) offices. (Figure 2). DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA Zoning Administrator September 7, 2021 Use Determination 2021-0001 CUP 2021-0014 Page 4 Md. a Activity/Exercise Room a{ o 465 SF Window W indw 10'x13'5" 10'x23'5" 255 SF 68.2)S F- .._ Office O ce 1vsF 476 SF Total SF; 1,39.1 SF Entrance/Activity Room WindowY Figure 2— Floor Plan Hours of Operation and Personnel The adult daycare center is proposed to operate from 7.00 a.m. to 6.00 p.m. daily. The applicant intends to have up to three (3) staff members on-site when the adult daycare center is open, in addition to himself serving as the administrator. The applicant is licensed as a Nursing Home Administrator pursuant to the provisions of Chapter 2.35, Article 2 of the Health & Safety Code and holds a Master's degree in Health Care Administration-, however, no medical or nursing care is proposed. In accordance with Condition of Approval No. 2.3, prior to the operation of the adult daycare center, all required permits and licenses shall be obtained from the State of California. DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA Zoning Administrator September 7, 2021 Use Determination 2021-0001 CUP 2021-0014 Page 5 Parking The Irvine Industrial Complex - Tustin PC District Regulations state that any parking requirement for a land use proposal not specifically addressed by the plan shall be subject to the regulations of the City of Tustin Zoning Code. The parking requirements for an adult daycare use are not provided in the PC District Regulations. Therefore, the parking requirement from TCC Section 9263g shall be used, which states that an adult daycare center is required to provide one (1) parking space for each employee on maximum shift, plus one (1) parking space for each five (5) clients at maximum enrollment. The applicant indicates that up to four (4) staff members, including himself, and up to five (5) adult day care attendees (clients) will be present at any given time. Based on TCC Section 9263g, a total of five (5) parking spaces would be required and allocated for the proposed use. Should the business expand the number of employees, the applicant would need to obtain approval by the Community Development Director. The two (2) story, stand-alone office building at 14771 Chambers is 17,625 square feet in size with eight (8) tenant spaces and a total of 77 parking spaces to serve the entire office building. The parking requirements for an office use in the Irvine Industrial Complex is one (1) space for each 250 square feet of gross floor area. At this parking ratio, a total of 71 spaces would be required for the entire building, including the proposed tenant space. The 1 ,391 square-foot tenant space would require six (6) parking spaces if it were used as an office. Approval of the proposed adult daycare use would therefore result in a one (1) space reduction in parking requirements at the site. An accessible parking space is located close to the entrance of the building as shown in Figure 3. As conditioned, the proposed use would not result in parking impacts because attendees would be dropped off at the adult daycare center and the allotted parking spaces for the tenant space would be more than adequate for the employees of the adult daycare center. DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA Zoning Administrator September 7, 2021 Use Determination 2021-0001 CUP 2021-0014 Page 6 ace Interior Courtyard 14-- Path of Travel+/-85 feet ,• u , N Figure 3—Site Plan / Parking Use Determination The provisions contained in the Irvine Industrial Complex - Tustin Planned Community Ordinance No. 1313 apply to all commercial and industrial uses that are permitted within the Irvine Industrial Complex - Tustin. When the Planned Community does not provide specific direction, the requirements of TCC Section 9298b provides that the Community Development Director shall determine, in cases of ambiguity, whether or not the use of any land or structure in any district is similar in character to the particular uses allowed in the district after considering the following factors for criteria for their determination: DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA Zoning Administrator September 7, 2021 Use Determination 2021-0001 CUP 2021-0014 Page 7 (1) Effect upon the public health, safety and general welfare of the neighborhood involved and the City at large; (2) Effect upon traffic conditions; (3) Effect upon the orderly development of the area in question and the City at large, in regards to the general planning of the whole community; and, (4) All other pertinent facts. Within the Irvine Industrial Complex - Tustin, permitted uses include support commercial uses such as administrative, professional and business offices, printing, restaurants, and light industrial uses such as general manufacturing, research laboratories, warehousing and product services industries. Conditionally permitted uses include private, indoor recreational uses such as batting cages, dance studios, gymnastic studios and martial arts studios. The Planned Community Regulations do not identify an adult daycare use as a permitted or conditionally permitted use. The building at 14471 Chambers Road is an existing two (2) story office building. There are no industrial uses within the building or property. Based on the criteria above, it is recommended that the Zoning Administrator determine that the proposed adult daycare use is similar in character to other uses such as private indoor commercial recreation in the district. Characteristics similar to a private indoor recreational use to the proposed adult daycare use include: • Social and recreational activities • Supervision • Health monitoring • Medication management • Meals and snacks Conditional Use Permit Approval of an adult daycare use in the Irvine Industrial Complex - Tustin would be consistent with the previously identified private indoor recreational uses in that it would include recreational activities that would suit the individual needs of the attendees. Most or all of the attendees would not be able to attend the more structured indoor recreational uses identified above, but would be able to participate in activities that are structured toward their individual needs. DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA Zoning Administrator September 7, 2021 Use Determination 2021-0001 CUP 2021-0014 Page 8 In addition, the proposed ratio of employees to attendees would allow the attendees to receive individual attention and assistance with daily activities. According to the applicant, there is an unmet need for these services in the area. The project site is located in an area that is predominantly surrounded by commercial and industrial uses and there would be no impact to these uses or to the residentially zoned properties located to the west of Tustin Ranch Road. If the adult daycare use is not operated in accordance with the Conditions of Approval or is found to be a nuisance or there are negative impacts to the surrounding uses, the Community Development Director has the authority to impose additional Conditions of Approval or revocation of the CUP that would eliminate the negative impacts. CONCLUSION Based on this report and the findings in ZAA No. 21-006, staff recommends that the Zoning Administrator adopt ZAA No. 21-006, approving UD 2021-0001 by finding that an adult daycare use is similar to a private, indoor recreational use and is therefore conditionally permitted; and approving CUP 2021-0014 to establish and operate an adult daycare center within an existing 1 ,391 square-foot tenant space located at 14471 Chambers Road. r_...-Docu Signed by: 15DF594829AC4A0... Elaine Dove, AICP, RLA Senior Planner Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. ZAA No. 21-006 DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA ATTACHMENT A LOCATION MAP DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA Radius Map 14471 Chambers Road APN: 432-471-29 A 1000 ft. as 500 ft. iy ae0 300 ft. d Gr`D� G� �L oe er PJ c� �o m� .ter y� i i; I , 300 ft, 500 ft,and 1000 ft Radius DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA ATTACHMENT B LAND USE FACT SHEET DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA LAND USE APPLICATION FACT SHEET ADULT DAY CARE - 14471 CHAMBERS ROAD 1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT (CUP) 2021-0014; USE DETERMINATION (UD) 2021-0001 2. LOCATION: WEST SIDE OF CHAMBERS ROAD, APPROXIMATELY 500 FEET FROM FRANKLIN AVENUE 3. ADDRESS: 14471 CHAMBERS ROAD 4. LOT: PARCEL 2 OF PARCEL MAP 86-201 5. APN: 432-471-29 6. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: • RIGHT OF WAY ACQUISITION TO CONSTRUCT TUSTIN RANCH ROAD EXTENSION PROJECT FROM WALNUT AVENUE TO WARNER AVENUE 7. SURROUNDING LAND USES: NORTHWEST: SINGLE FAMILY RESIDENTIAL NORTHEAST: OFFICE/WAREHOUSE BUILDINGS SOUTHEAST: CHURCH AND INDUSTRIAL USES SOUTHWEST: SINGLE FAMILY RESIDENCES 8. SURROUNDING ZONING DESIGNATION: NORTHWEST: PC RES SOUTH: PCC EAST: PC IND WEST: PC RES 9. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PCR SOUTH: PCCB EAST: PCCB WEST: PCR 10. SITE LAND USE: A. EXISTING: OFFICE USES PROPOSED: ADULT DAY CARE B. GENERAL PLAN: PCCB PROPOSED: SAME C. ZONING: PC IND PROPOSED: SAME DEVELOPMENT FACTS: 11. LOT AREA: 67,582 SF 12. BUILDING LOT COVERAGE: 50% MAX. PERMITTED PROPOSED: NO CHANGE DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA 13. SITE LANDSCAPING: 10 FEET BACK OF FRONT PROPERTY LINE EXISTING PROPOSED : NO CHANGE 14. PARKING: 77 SPACES EXISTING NO CHANGE PROPOSED 15. BUILDING HEIGHT: 2 STORIES NO CHANGE PROPOSED 16. BUILDING SETBACKS: N/A(EXISTING) FRONT: THIRTY(30) FEET REQUIRED NO CHANGE PROPOSED SIDE: TEN (10) FEET REQUIRED NO CHANGE PROPOSED REAR: ZERO FEET REQUIRED NO CHANGE PROPOSED DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA ATTACHMENT C SUBMITTED PLANS DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA SITE PLAN OF THE PROJECT O Y r;A54 r— Rd. TRASH J LZIJ tah7���bcra r � q t I 8 \ St > I F- I Q o s � O 4 5 V — I l ? 2472 Cham rn I y 0 ' I 0 I e L fI C= �� w I I z� DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA osyn I Y .I r-4 s f P fan IL LL LO(.0 N U) N CO � E> F /. �.rr�� O 70 co 4A 4 i 13'-6... }i?, , Window ;iia �—19- 14' tu_ U m co r` + t; t U) € f13 #0 # A U- 13 U) + {> k > N d zo �I s co �w L `.,9 10L C I Window IJ Y 3 Wndb�v DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA ATTACHMENT D ZAA NO. 21 -006 DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA ZONING ADMINISTRATOR ACTION 2021-006 USE DETERMINATION 2021-0001 CONDITIONAL USE PERMIT 2021-0014 14471 CHAMBERS ROAD, SUITE 105 The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator of the City of Tustin hereby resolves as follows: A. That a proper application was filed by Shahid Chaudhry, requesting authorization to establish and operate an adult daycare center that offers social and recreational activities, supervision, health monitoring, medication management, meals and snacks to adults who require supervised care during the day and provides education and counseling to families and caregivers of the adult daycare participants at 14471 Chambers Road, Suite 105. B. That the property is designated as Planned Community Commercial/Business (PCCB) by the Tustin General Plan, is zoned Planned Community Industrial (PC-IND), and is within the Irvine Industrial Complex - Tustin, which allows a variety of uses including manufacturing, assembly, warehousing, laboratories, other light industrial uses, offices and support commercial uses. Other uses, such as private indoor recreational uses including batting cages, dance studios, gymnastic studios and martial arts studios are conditionally permitted subject to the approval of a conditional use permit. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That an adult daycare use is not a listed permitted or conditionally permitted use within the Irvine Industrial Complex - Tustin Planned Community (PC) District Regulations. The Community Development Director may make a use determination as to whether the proposed use is similar to other permitted and/or conditionally permitted uses pursuant to Tustin City Code (TCC) Section 9298, but has referred this determination to the Zoning Administrator to review concurrently with the CUP. D. That in accordance with TCC Section 9299b3(f), the Zoning Administrator is authorized to consider minor CUPs for existing developments where there would be no change in primary use, no expansion of floor area, and the request would not alter the original intent of the project or site. E. That a public hearing was duly called, noticed, and held for Use Determination (UD) 2021-0001 and Conditional Use Permit (CUP) 2021-0014 on September 7, 2021, by the Zoning Administrator. DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA Zoning Administrator Action 21-006 Use Determination UD-2021-0001 Conditional Use Permit 2021-0014 Page 2 F. That the establishment, maintenance, and operation of the proposed adult day care center 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 a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: 1) The Irvine Industrial Complex - Tustin PC District Regulations allow a variety of uses including manufacturing, assembly, warehousing, laboratories, other light industrial uses, offices and support commercial uses. Other uses, such as private indoor recreational uses including batting cages, dance studios, gymnastic studios and martial arts studios are conditionally permitted subject to the approval of a CUP. The proposed indoor adult daycare use would operate similarly to a commercial recreational use by providing social and recreational activities, supervision, health monitoring, medication management, meals and snacks to its clients during the hours of 7:00 a.m. to 5:00 p.m. Monday through Friday within a 1 ,391 square foot tenant space. 2) The proposed use would provide a service needed in the community to provide care and recreational activities for older adults and/or disabled individuals. 3) No impacts to residential properties or other sensitive uses are anticipated as the project site is predominantly surrounded by commercial and industrial uses. 4) As conditioned, the number of occupants, types of activities and hours of operation would be compatible with the neighboring office uses, and the applicant would be required to notify and receive approval from the City prior to any proposed changes to the operation or use of the facility. 5) The facility is a standalone building with its own parking lot to accommodate clientele. As conditioned, the proposed use would not result in any parking impacts because clients would be transported to and from the adult daycare center, and the allotted parking spaces for the tenant space would be adequate for employees of the adult daycare center. Any increase in number of employees would require prior approval by the Community Development Director. DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA Zoning Administrator Action 21-006 Use Determination UD-2021-0001 Conditional Use Permit 2021-0014 Page 3 6) As conditioned, no noise impacts are anticipated in that all activities would be required to comply with the City's Noise Ordinance. 7) As conditioned, CUP 2021-0014 may be reviewed by the Community Development Director, if necessary, to ensure compatibility with surrounding uses. If the use is not operated in accordance with CUP 2021-0014, 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. 8) The City's Public Works Department, Police Department and Building Division have reviewed and support the development of the proposed project, as conditioned. 9) That this project is Categorically Exempt pursuant to Section 15301 , (Class 1 —Existing Facilities) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act) in that the project site is an existing facility and involves no expansion of an existing industrial office center. II. The Zoning Administrator hereby adopts Zoning Administrator Action No. 20-001 approving UD 2021-0001 and CUP 2019-00014 authorizing the establishment and operation of an indoor adult daycare facility located within a 1,391 square-foot tenant space located at 14471 Chambers Road, Suite 105, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 7t" day of September, 2021 . JUSTINA L. WILLKOM ZONING ADMINISTRATOR VERA HURTADO RECORDING SECRETARY DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA Zoning Administrator Action 21-006 Use Determination UD-2021-0001 Conditional Use Permit 2021-0014 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Vera Hurtado, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 21-006 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 7th day of September, 2021 . VERA HURTADO RECORDING SECRETARY DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA EXHIBIT A DRAFT CONDITIONS OF APPROVAL USE DETERMINATION 2021-0001 CONDITIONAL USE PERMIT 2021-0014 14471 CHAMBERS ROAD GENERAL (1) 1.1 The conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. 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) 1.2 Approval of Use Determination (UD)2021-0001 and Conditional Use Permit (CUP) 2021-0014 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 Community Development Director, and evidence of recordation shall be provided to the Community Development Department. (1) 1.3 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section (TCC) 1162(a). (1) 1.4 As a Condition of Approval of UD 2021-0001 and CUP 2021-0014, 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 the defense of any such action under this condition. DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA Zoning Administrator Action 21-006 Use Determination UD-2021-0001 Conditional Use Permit 2021-0014 Page 6 (1) 1.5 UD 2021-0001 and CUP 2021-0014 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 UD 2021- 0001 and CUP 2021-0014, 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) 1.6 The proposed project shall substantially conform to the submitted plans for the project date stamped September 7, 2021 , on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to the plans during plan check if such modifications are consistent with provisions of the TCC. (1) 1.7 Any transfer of ownership of the establishment and/or operator shall require the new owner and/or operator to sign and return an "Agreement to Conditions Imposed" form provided by the Community Development. Failure to do so would be a basis for revocation proceeding. USE RESTRICTIONS (1) 2.1 The project approval is for a non-residential and non-medical healthcare adult daycare facility providing supervision, recreation, socialization, meals and snacks, medication management and other supportive services for up to five (5) senior adults and/or disabled individuals, and education and counseling for caretakers and families of the daycare clients. The applicant would be required to notify and receive approval from the City prior to any proposed changes to the operation or use of the facility. (1) 2.2 The non-residential adult daycare business may operate between the hours of 7:00 AM to 6:00 PM Monday through Friday. Modification of the hours of operation may be approved by the Community Development Director if it is determined that no impact to surrounding tenants or properties will occur. No overnight care shall be provided at the facility. DocuSign Envelope ID:2D396DF8-A8FD-44E1-83D9-9CO262DB2CAA Zoning Administrator Action 21-006 Use Determination UD-2021-0001 Conditional Use Permit 2021-0014 Page 7 (***) 2.3 Prior to the operation of the adult daycare facility, all required permits and licenses shall be obtained from the State of California. This may include, but is not limited to an Adult Day Program (ADP) license through the California Department of Health and Human Services Agency, Department of Social Services. (***) 2.4 All adult daycare activities shall occur indoors unless prior approval for outdoor activities is obtained in writing from the property owner and the Community Development Director. FEES (1) 3.1 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 OC CLERK-RECORDER 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.