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HomeMy WebLinkAboutZAA 2021-006 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 fisted 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. I I I i 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 suchproposed 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 6:00 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. , , , 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 comipatilbility with surroundings uses. If the use is not operated in accordance with CUP 2021-01014, 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 existilng facility and involves no expansion of an existing industrial office center. IL 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 1,3911 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 Two' day of September, 2021, INA L. WhIkOM ZONING ADMINISTRATOR VERA IURTAIJ61 RECORDING SECRETARY Zoning Administrator Action 21-006 Use Determination UD-2021-0001 Conditional Use Permit 2.021-0014 Page 4 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TI TIN 1, Vera Hurtado, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Admiiniistrator 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 HSN T, RECORDING SECRETARY I 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. i Zoning Administrator Action 21-006 Use Determination UD-2021-0001 r Conditional Use Permit 2021-0014 Page 6 i (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 by up to four (4) staff members 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. I i 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. i Citi' of Tu tin Community Development D partment Planning IDivision Customer Service Evaluation One of the goals of the Tustin Cora'rMunity Development Departrnent is to provide you With the most efficient and professional level of service possible. Pease help us achieve that goal by conipleting this evaluation„ Your ccan,irnent°, and Suggestions are important to us. Thank YOU for taking, the time to respond, t, Was Your application processed Mthin the time-frame established at they onset of the reviewer? Yeas F� hlo [] If no, please explain: 2. Could processing time have been more efficient? Yeas E] No El If yes, please explain Do you feel that the application process re sulteat in a better project? Yes No R If no, please explain: Excellent Good Fair Poor f 4, If you have prooeaused projects with other juu6scliction , how'wvoLuld you rate ou.ur service coMnpared to theirs? El El El El Please rate the cluality of service provided by the followuirap reviewing agencies', Planning El El ❑ El El Building 1:1 El 0 El 1:1 Public, orks/Erigineerinp 1:1 El ❑ ❑ 11 Fire ❑ El El El 0 Pol ice D 0 0 ❑ 6. Please rats the gUaluty of service provided by your assigned cause planrier int°roe. following areas-. Availability 0 El El 0 Knowledge 1:1 El ❑ HelpfulnesrslCouarte y E' El El 0 El Attitude 0 El ❑ El 11 OveraiI Service El 0 0 E El ........... .......... 7. Do Von feel satisfied that YOUr" case planner assisted you to the best of his/her ability? Yes El No El If no, please explain-. 8. Do you have any addiflonal cornmentS/SUggest ions? Thank you for your assistancO Providing the, fokwing hiforrriation is opticii4, but will be kept confidenh al, and will allow us to clarify or respond to your cornrnents if necessary, Your Ncarne: Confipany: Address, Telephone� Please drop this form off at our public service counter in City Hall, orr return it to us by mail at the following address: City of"Tustin Attn: Community Development Director 300 Centennial Way Tustin, CA 92780 ............... FOR 0FHCE USPS ONLY Case P�anner Projec,Nh.nrber .......... ... ........ ....................