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HomeMy WebLinkAbout02 ZA REPORT CUP 2021-0029 ADULT DAY HEALTH CARE DocuSign Envelope ID:3E3E5958-9852-41A7-B49E-0810CC2F7BD3 - AGENDA REPORT ITEM #2 MEETING DATE: JANUARY 20, 2022 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2021-0029 APPLICANT: PROPERTY OWNER: SALIDA DEL SOL ADULT DAY FIRST AMERICAN PROPERTIES, LLC. HEALTHCARE, LLC. 15600 DEVONSHIRE ST., SUITE 201 5350 ATLANTIC AVENUE GRANADA HILLS, CA 91344 LONG BEACH, CA 90805 LOCATION: 14511 FRANKLIN AVENUE, SUITE 100 GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS ZONING: PLANNED COMMUNITY INDUSTRIAL (IRVINE INDUSTRIAL COMPLEX "IIC PLANNED COMMUNITY") ENVIRONMENTAL THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) STATUS: PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO ESTABLISH AN ADULT DAY HEALTH CARE FACILITY WITH A MAXIMUM OF 150 PARTICIPANTS IN AN EXISTING COMMERCIAL OFFICE BUILDING. ti DocuSign Envelope ID:3E3E5958-9852-41A7-B49E-0810CC2F7BD3 Zoning Administrator January 20, 2022 CUP 2021-0029 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 22-002 approving Conditional Use Permit (CUP) 2021-0029 to establish an adult day health care (ADHC) center with a maximum of 150 participants in an existing commercial office building at 14511 Franklin Avenue, Suite 100. APPROVAL AUTHORITY The project site is located within the IIC Planned Community. Adult daycares are listed as conditionally permitted uses in the IIC Planned Community pursuant to Use Determination (UD) 2021-0001 . Per Tustin City Code (TCC) Section 9299b3(f), the Zoning Administrator has the authority to consider minor CUP requests for existing developments where there would be no change of primary use, no expansion of floor area and the request would not alter the original intent of the project or site. BACKGROUND AND DISCUSSION Site and Surrounding Properties The project site is located at the northern corner of the intersection of Walnut Avenue and Franklin Avenue and is bound by Walnut Avenue to the southwest, Franklin Avenue to the southeast, and Chambers Road to the northeast (Figure 1). Adjacent properties are all within the IIC Planned Community and consist of office buildings, warehouses, and other light industrial or support commercial uses. The subject property is developed with a two- story industrial office building located on an approximately 1.10-acre lot. y2 Subject Prowty A' Figure 1.Area Map- project site in red DocuSign Envelope ID:3E3E5958-9852-41A7-B49E-0810CC2F7BD3 Zoning Administrator January 20, 2022 CUP 2021-0029 Page 3 Project Description The applicant is proposing an adult day health care center (ADHC, also known as a "Community-Based Adult Services," or CBAS, program which is administered by the State Department of Health Care Services) which would provide daytime care and services within the subject tenant space. The program serves older adults and adults with chronic medical, cognitive, or behavioral health conditions and/or disabilities that make them at risk of needing institutional care. ADHC centers serve as an alternative to institutionalization for such individuals who are capable of living at home with the aid of supplemental services. Participants will be driven to and from their homes to the facility as further described in the Operations and Parking section later in this report. The proposed 7,174 square-foot floor plan includes an indoor, multipurpose recreational area with four (4) rooms for nursing, social, and physical therapy services including a quiet room (Figure 2). The facility also includes an administrative office for program staff, a small classroom, two (2) storage rooms, a kitchen, and restrooms. Minor tenant improvements are needed to convert an existing independent office space (Suite 120) into the portion of the subject tenant space (Suite 100)to be used for restroom and kitchen amenities. The building footprint is not proposed to be expanded. Site improvements include restriping eight (8) standard parking spaces into four (4), 17-foot wide parking spaces for loading purposes as further described in the Operations and Parking section later in this report. Shared Entrance Lohhy Entrance to ADHC Center G C Nursing - - p7±pT Q ®ulei' Lobby,sr iai Room worker desks I AcHaymullipei,rpnse Area L� .n Sfoyager is Room �~ Admin- j Classroom 14511 Franklin Ave. Suite 100justin Shaded Area NOT a part of CIDP Applicant's Leased premises Figure 2. Proposed Floor Plan Operations and Parking DocuSign Envelope ID:3E3E5958-9852-41A7-B49E-0810CC2F7BD3 Zoning Administrator January 20, 2022 CUP 2021-0029 Page 4 The applicant proposes to operate the adult day health care center from 8 a.m. to 2 p.m. Monday through Friday. During this time, a maximum of fifteen (15) employees will service up to 150 participants within the facility. Examples of services provided include nursing, mental health, and physical therapy services as well as socialization, meal, and personal care assistance. Non-ambulatory or overnight care will not be provided at the site, nor will there be any outdoor services. In accordance with Condition of Approval No. 2.4, prior to the operation of the center, all required permits and licenses shall be obtained from the State of California. An ADHC is a specialized type of adult day health care center, and the parking requirements for an ADHC center use are not provided in the IIC Planned Community District Regulations. The IIC Planned Community District Regulations state that any parking requirement for a land use proposal not specifically addressed by the plan shall be subject to the regulation of the TCC. TCC 9263c (Uses Not Listed) states that uses not specifically listed in TCC 9263g (Parking Requirements by Land Use) shall provide parking as required by the Community Development Director on the basis of the requirements for similar uses. The Community Development Director shall use the requirements of TCC 9263g as a general guide in determining the minimum number of parking spaces to be provided. The TCC normally requires adult day care uses to provide one (1) parking space per employee on a maximum shift, plus one (1) parking space for each five (5) participants at maximum enrollment. However, the proposed use is unique in that, as required by State law, the applicant must provide shuttle services to transport participants between their homes and the facility. ADHC participants are otherwise unable to drive themselves due to their health conditions, therefore, parking is needed to accommodate participant loading in addition to the maximum of fifteen (15) employees working on-site. Shuttle services will be provided by contracted shuttle companies who store their vehicles off-site when not in use. Each shuttle accommodates up to seven (7) participants and takes approximately ten (10) minutes to load. The applicant proposes to complete loading over a one (1) hour period. Therefore, the amount of parking required to load 150 participants over the course of one (1) hour is four (4) parking/loading spaces, as shown in Table 1. A total of nineteen (19) parking spaces are required to adequately serve the proposed use, which include the four (4) van spaces and parking for the fifteen (15) employees. Table 1 Participant Loading Over One Hour Participants per Loading blocks per Parking used for Participants loaded shuttle hour 10 min. each participant loading per hour 7 participants 6 loading blocks 4 loading spaces = more than 150 DocuSign Envelope ID:3E3E5958-9852-41A7-B49E-0810CC2F7BD3 Zoning Administrator January 20, 2022 CUP 2021-0029 Page 5 Though not officially designated as accessible spaces, as conditioned, the four (4) required loading spaces must be a minimum of seventeen (17)feet wide to accommodate the anticipated accessibility needs of program participants. This will result in the conversion of eight (8) standard parking spaces into four (4), seventeen (17) foot wide loading spaces. The previous use of the 7,174 square-foot subject tenant space required 29 parking spaces based on the parking requirement identified in the IIC Planned Community District Regulations for office uses: one (1) parking space per 250 square feet of floor area. Including the parking spaces lost to the conversion into wide loading spaces, approval of the proposed ADHC center use would result in a six (6) space reduction in required parking at the site. As conditioned, the proposed use would not result in parking impacts because attendees would be dropped off at the ADHC center and the allotted parking spaces for the tenant space are more than adequate for the employees of the ADHC center. Conditional Use Permit Approval of the proposed use would be consistent with Use Determination 2021-0001 which determined that adult day care uses are conditionally permitted uses in the IIC Planned Community. ADHC centers are a subset of adult day care centers that specialize in providing services to older adults and adults with chronic medical, cognitive, or behavioral health conditions and/or disabilities that make them at risk of needing institutional care. According to the applicant, there is an unmet need for these services in the area. The project site is located in an area surrounded by commercial and industrial uses and the proposed use would not impact these uses. If the proposed use is not operated in accordance with the Conditions of Approval or is found to be a nuisance or negative impact to surrounding uses, the Community Development Director has the authority to impose additional Conditions of Approval or initiate proceedings to revoke the CUP per Condition of Approval No. 1 .7. CONCLUSION Based on this report and the findings and conditions of approval contained in ZAA No. 22- 002, staff recommends that the Zoning Administrator adopt ZAA No. 22-002 approving CUP 2021-0029 to establish an adult day health care (ADHC) center with a maximum of 150 participants in an existing commercial office building at 14511 Franklin Avenue, Suite 100. DocuSign Envelope ID:3E3E5958-9852-41A7-B49E-0810CC2F7BD3 Zoning Administrator January 20, 2022 CUP 2021-0029 Page 6 DocuSigned by: DocuSigned by: EADB 14702289428... for 5EADB147C2289428.. Jorge Maldonado Scott Reekstin Assistant Planner Principal Planner Attachments: A. Location Map & Land Use Fact Sheet B. Submitted Plans C. Zoning Administrator Action 22-002 ATTACHMENT A LOCATION MAP LAND USE FACT SHEET Radius Map 14511 Franklin Avenue APN: 432-471-20 1000 ft. � f 500 ft. f � f 300 ft. I r � �f r I l e. 300 ft,500 ft,and 1000 ft Radius LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP-2021-0029 2. LOCATION: 14511 FRANKLIN AVENUE, SUITE 100 3. APN(S): 432-471-20 4. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: N/A 5. SURROUNDING LAND USES: NORTH: Industrial Office SOUTH: Industrial Office EAST: Industrial Office WEST: Industrial Office 6. SURROUNDING ZONING DESIGNATION NORTH: Planned Community Industrial (Irvine Industrial Complex Planned Community) SOUTH: Planned Community Industrial (Irvine Industrial Complex Planned Community) EAST: Planned Community Industrial (Irvine Industrial Complex Planned Community) WEST: Planned Community Industrial (Irvine Industrial Complex Planned Community) 7. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Planned Community Commercial/Business SOUTH: Planned Community Commercial/Business EAST: Planned Community Commercial/Business WEST: Planned Community Commercial/Business 8. SITE LAND USE: EXISTING PROPOSED Use: Office Adult Day Health Care Center Zoning: Planned Community Industrial (Irvine Industrial No Change Complex Planned Community) General Plan: Planned Community Commercial/Business No Change DEVELOPMENT FACTS: 9. LOT AREA: 1.10 ACRES 10. PARKING: Program participants will use transportation services provided by the applicant, therefore parking spaces are only required for the maximum 15 center employees that will be on- site at any given time, and eight (8) parking spaces will be converted to four (4) loading spaces, for a total usage of 23 parking spaces. Previous use of the tenant space as an office space required 29 parking spaces, therefore parking requirements are satisfied. 11. TENANT IMPROVEMENTS: As required for the combining of Suites 120 and 100 (retaining Suite 100 address) per the included floor plan. ATTACHMENT B SUBMITTED PLANS Shared Entrance Lobby Entrance to ADHC Center a a OT/PT ! a J Nursing Room L =I — ri Quiet Lobby,social ���� wadEN Room worker desks atsa CJ — 1 U MEN Activity/Multipurpose Area %145 °° Kitchen torage HALwnv smeux `� Women j Men 2 Storage/Filing Room Admin. J1 r Classroom Office 14511 Franklin Ave. Suite 100,Tustin Shaded Area NOT a part of CUP Applicant's Leased premises { , r m , I " [ 1 F;� 6L, �.J 2. I.i I i.. i I I � } c M No r { r C:: V +r I * , CN x % I LU • 4 1 ! + a� • W q a - Y •lly1 1 '` i ' 1 • • , } Yb • i �'� � /�i1• x Y i _ • I 1..ky r •. s r • 1 1 1 'Wt , i L , . 1 r + t • . =" i L 'I J� � y ' �I • . • L I " + 1 ° ISI II r + • ° ra + r } 1 � + ! r r * ` .� 1 r ! r r i r r l r I r r i r 1 r • r r i Y i Y Y t p _ --- M I ! M 1 Y + 1 1 Y M 1 Y 1 1 4 # ! # ! + ' • � V 1 _ •• Y t t Y t r Y 1 i Y 1 Y } Y • 1 ° t�� 1 �y �L/ �� .�L—.�J; , 1 !�,} � i + �+ i t r t� r i} i a_.e r + r + i Ir.++++��•- � � Xw3io1++ 3AV LnNIV ATTACHMENT C ZONING ADMINISTRATOR ACTION 22-002 ZONING ADMINISTRATOR ACTION 22-002 CONDITIONAL USE PERMIT 2021-0029 14511 FRANKLIN AVENUE, SUITE 100 The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2021-0029 was filed by Salida Del Sol Adult Day Health Care, LLC. to establish an adult day health care (ADHC) center with a maximum of 150 participants in an existing commercial office building at 14511 Franklin Avenue, Suite 100. B. That the property is designated as Planned Community Commercial/Business by the Tustin General Plan and is zoned Planned Community Industrial (Irvine Industrial Complex "IIC Planned Community"). C. 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. D. That a public hearing was duly called, noticed, and held for CUP 2021-0029 on January 20, 2022, by the Zoning Administrator. E. 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 property and improvements in the neighborhood of the subject property, or to the general welfare of the City as evidenced by the following findings. 1 . The proposed use would provide a service needed in the community to provide care and recreational activities for older adults and/or disabled individuals at risk of being institutionalized. 2. No impacts to any residential properties or other sensitive uses are anticipated as the project site is surrounded by commercial and industrial uses. 3. 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. 4. As conditioned, the proposed use would not result in any parking impacts because participants would be transported to and from the ADHC center by Conditions of Approval UD-2021-0002; CUP-2021-0016 November 18, 2021 Page 2 shuttles provided by the applicant as required by State law. The allotted parking spaces for the tenant space would be adequate for fifteen (15) employees of the ADHC center and would also accommodate loading spaces for four (4) participant transportation vehicles to and from their homes to the facility. Any increase in number of employees or participants requires prior approval by the Community Development Director. 5. As conditioned, no noise impacts are anticipated in that all activities shall take place indoors and be required to comply with the City's Noise Ordinance. 6. As conditioned, CUP 2021-0029 may be reviewed by the Community Development Director, if necessary, to ensure ongoing compatibility with surrounding uses. If the use is not operated in accordance with CUP 2021- 0029 and the Conditions of Approval, or is found to be a nuisance or negative impacts are affecting surrounding uses, the Community Development Director has the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. 7. The City's Public Works Department, Police Department, and Building Division have reviewed and support the development of the proposed project, as conditioned. F. This project is Categorically Exempt pursuant to Section 15301 (Class 1 — Existing Facilities) of the California Code of Regulations (Guidelines for the California Environmental Quality Act) in that the project site is an existing building and involves no expansion of building area or footprint. II. The Zoning Administrator hereby approves CUP 2021-0029 to establish an adult day health care (ADHC) center with a maximum of 150 participants in an existing commercial office building at 14511 Franklin Avenue, Suite 100, subject to the conditions contained within Exhibit A, attached hereto. Conditions of Approval UD-2021-0002; CUP-2021-0016 November 18, 2021 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 20th day of January, 2022. JUSTINA L. WILLKOM ZONING ADMINISTRATOR VERA HURTADO RECORDING SECRETARY 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. 2022-002 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 20th day of January, 2022. VERA HURTADO RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2021-0029 14511 FRANKLIN AVENUE, SUITE 100 GENERAL (1) 1.1 The proposed project shall substantially conform to the submitted plans for the project date stamped January 20, 2022, 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 Tustin City Code (TCC). (1) 1.2 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) 1.3 Approval of Conditional Use Permit (CUP) 2021-0029 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) 1.4 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A-Conditions of Approval CUP 2021-0029 Page 2 (1) 1.5 As a condition of approval of CUP 2021-0029, 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. (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. (1) 1.7 CUP 2021-0029 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 CUP 2021-0029, 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 Conditional Use Permit. (1) 1.8 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 to the Community Development Department. Exhibit A-Conditions of Approval CUP 2021-0029 Page 3 USE RESTRICTIONS (1) 2.1 The project approval is for a non-residential and non-medical healthcare and services facility providing supervision, recreation, social services, meals and snacks, physical, occupational, and speech therapies, transportation to and from participants' residences, and other supportive services for up to one-hundred and fifty (150) senior adults and/or disabled individuals, and education and counseling for families of the participants. The applicant must notify and receive approval from the Community Development Department prior to changing the operation or use of the facility. (1) 2.2 The non-residential Adult Day Health Care (ADHC) also known as Community-Based Adult Service) business may provide program services to participants between the hours of 8:00 AM and 2:30 PM Monday through Friday, with administrative functions occurring no later than 5:00 PM. 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. (***) 2.3 All activities shall occur indoors unless prior approval for outdoor activities is obtained in writing from the property owner and the Community Development Director. (***) 2.4 Prior to the operation of the facility, applicable permits and licenses shall be obtained from the State of California and stakeholder agencies. This may include, but is not limited to, obtaining an ADHC license and/or Community- Based Adult Service (CBAS) certification from the California Department of Aging. (***) 2.5 All program participants shall be dropped off at and picked up from the ADHC center by van or shuttle transportation services coordinated by the applicant. Such vehicles shall not be stored on-site when not in use. Vehicles arrivals shall be staggered over a one (1) hour period so that no more than four (4) vans or shuttles are present on-site at any given time for participant loading purposes. (***) 2.6 At plan check submittal, the applicant shall include in the scope of work the striping of four(4), seventeen (17)foot wide parking spaces for the purposes of loading and unloading program participants. Exhibit A-Conditions of Approval CUP 2021-0029 Page 4 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.