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Home My WebLink AboutZAA 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: 1. 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 11C 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. r 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 I 1 Zoning Administrator Action 22-002 CUP-2021-0029 January 20, 2022 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. Zoning Administrator Action 22-002 CUP-2021-0029 January 20, 2022 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 2011 day of Jianuary, 2022. JIB A-C, WILLIKOM ZOMING ADMINISTRATOR VEHuAfAbd RECORDING SECRETARY STATE OF CALIFORNIA COUNTY OF ORANGE CITY' OF TUSTIN 1, VERA H�URTADO, the undersigined, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, Califoirnia; 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"4Hu'RtA-b&"' RECORDING SECRETARY i E EXHIBIT A CONDITIONS OF APPROVAL ;E 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) PCICC 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 I 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. These parking spaces shall be identified with signage approved by the Community Development Department that limits the use of the parking spaces for loading and unloading purposes only, and for a maximum of fifteen (15) minutes per vehicle. I 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. . I i ! I