Loading...
HomeMy WebLinkAboutCC RES 96-115 1 RESOLUTION NO. 96-115 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING THE PLANNING 5 COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT 96- 019, AUTHORIZING THE CONVERSION OF AN EXISTING 6 THREE (3) UNIT APARTMENT COMPLEX AND A SIX (6) PERSON RESIDENTIAL CARE FACILITY TO A SIXTEEN (16) 7 PERSON REST HOME FOR THE ELDERLY AT THE PROPERTY LOCATED AT 14752 HOLT AVENUE. 8 9 The City Council of the City of Tustin does hereby resolve as follows: 10 I. The City Council finds and determines as follows: 1t A. A proper application, Conditional Use Permit 96- 12 019, has been filed by James Kincannon on behalf of Arthur and Zeny Remigio to request. approval to 13 convert an existing three (3) unit apartment complex and a six (6) person residential care 14 'facility to a sixteen (16) person rest home for the elderly. 15 B. A public hearing was duly noticed, called and held 16 on said a~plication by the Planning Commission on September 23, 1996 at which time the Planning 17 Commission adopted Resolution No. 3465 approving Conditional Use Permit 96-019. 18 C. On October 7, 1996, the City Council appealed the 19 Planning Commission's action related to Conditional Use Permit 96-019. 20 D. A public hearing was duly noticed, called and held 21 on said appeal by the City Council on November 4, 1996. 22 E. That establishment, maintenance and operation of 23 the use applied for will not, under the circumstances of this case, be detrimental to the 24 health, safety, morals, comfort or general welfare of the persons residing or working in the 25 neighborhood of such proposed use, nor to the general welfare of the City of Tustin as evidenced 26 by the following findings: 27 28 Resolution No. 96-115' Page 2 1 2 3 1. The proposed user as conditioned, will not be detrimental to the sur~rounding properties mn 4 that the use as applied for is in conformance with Tustin's General Plan and Zoning Code. 5 2. As conditioned, the use will be licensed by 6 the State of California Social Services Department as a sixteen (16) person rest home 7 for the elderly. 8 3. As conditioned, the use will not have a negative affect on surrounding property 9 ownerS, or impact the availability of off- street parking in that the use shall be 10 restricted to accepting only elderly residents that are not capable of living adequately 11 under their own care and supervision and that do not own, maintain, or operate motor 12 vehicles. The proposed rest home, therefore, will have no impact on the health, safety, 13 morals, comfort or general welfare of individuals residing or working in the 14 vicinity of the subject rest home. 15 4. As conditioned, the use is compatible with the surrounding neighborhood in that .most 16 activities will be conducted within the building. The surrounding uses are primarily 17 two-story residential apartment complexes which makes the proposed rest home acceptable 18 at this location. 19 Fo Pursuant to Section 9272 of the Tustin Municipal Code, the Council finds that the location, size, 20 architectural features and general appearance of the proposed rest home will not impair the orderly 21 and harmonious development of the area, the present or future development therein, or the. occupancy as 22 a whole. In making such findings, the Council has considered at least the following items: 23 24 1. Height, bulk and area of the building. 25 2. Setbacks and site planning. 26 3. Exterior materials and colors. 27 4. Size and spacing of windows, doors and other openings. 28 Resolution No. 96-115 Page 3 1 2 3 5. Physical relationship of proposed structure to existing structures in the neighborhood. G. That the proposed project is categorically exempt 5 (Class 1) pursuant to the California Environmental Quality Act Section 15301. 6 II. The City Council hereby modifies the Planning 7 Commission's action and approves Conditional Use Permit 96-019 to authorize the conversion of an existing three 8 (3) unit apartment complex and an existing six (6) person residential care facility to a sixteen (16) person rest 9 home for the elderly, at the property located at 14752 Holt Avenue, subject to the conditions contained in 10 Exhibit A, attached hereto. 11 PASSED AND ADOPTED at a regular meeting of the City Council, held on the 4th day of November, 1996. .Worley 14 Mayor .15 ~mela Stokez~'~'~ ' 16 City Clerk 17 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 18 CITY OF TUSTIN ) 19 I, Pamela Stoker, City Clerk and ex-officio Clerk of the City 20 Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of 21 the City of Tustin is five; that the above and foregoing Resolution No. 96-115 was duly passed and adopted at a regular 22 meeting of the Tustin City Council, held on the' 4th day of November, 1996, by the following vote: 23 COUNCILMEMBER AYES: Worley, Thomas, Doyle, Ports, Saltarelli 24 COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: 25 COUNCILMEMBER ABSENT: None  None 26 PAMELA STOKE~b~Q~ 27 CITY CLERK 28 EXHIBIT A 'RESOLUTION NO. 96-115 CONDITIONS OF APPROVAL APPEAL OF CONDITIONAL USE PERMIT 96-019 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 4, 1996, 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. (1) 1.2 The developer shall hold and defend the City of Tustin harmless from all claims and liabilities out of the City's approval of the entitlement process for this project. .(1) 1.3 Approval of Conditional Use Permit 96-019 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community. Development. (1) 1.4 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.5 The subject project approval shall become null and void unless permits for the proposed project are issued within twelve (12) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. SOURCE CODES (1) STANDARD CONDITIONS (4) UNIFORM BUILDING CODE (2) PLANNING COMMISSION POLICY (5) RESPONSIBLE AGENCY (3) MUNICIPAL CODE REQUIREMENT *** EXCEPTION Exhibit A Resolution No. 96-115 Appeal of CUP 96-019 Page 2 USE RESTRICTIONS (1) 2.1 Occupancy shall not exceed sixteen (16) elderly residents and two (2) staff during the waking hours and reduced to one (1) staff person during the sleeping hours. The 'number of beds provided within the facility shall correspondingly be limited to a total of seventeen (17); (sixteen (16) elderly residents and one staff). (1) 2.2 Prior to obtaining a Certificate of Use and Occupancy, (5) the applicant shall obtain a valid license as required by the State of California Social Services Department for the operation of a sixteen (16) resident rest home for the elderly. A copy of such State License shall be provided to the Community Development Department. (1) 2.3 The use of the facility shall berestricted to a rest home for the elderly which accepts only elderly residents that are not capable of living'adequatel~ under their own care and supervision and that do not own, maintain, or operate motor vehicles. *** 2.4 Visiting hours for the facility shall be limited to the hours between 8:00 a.m. and 9:00 p.m. *** 2.5 Staff member parking shall be limited to the covered carport spaces provided on site. *** 2.6 If in the future the City is advised that a parking and/or traffic problem exists on the site or in the vicinity as a result of the facility, the Director of Community Development may require the applicant to prepare a parking demand analysis and/or traffic Study. If said study indicates that there is inadequate parking or a traffic problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Planning Commission. Said mitigation may include, but are not limited to, the following: a. Adjust hours of operation/visiting hours. b. Reduce resident capacity. *** 2.7' A deed restriction shall be recorded on the property indicating that the use of the property is limited to a residential care facility for the elderly. If the property is to be converted to another use in the future, a new Conditional Use Permit shall be required and parking shall be provided in full compliance with the Zoning Code at rates in effect at such time any future Exhibit A Resolution No. 96-115 ~ Appeal of CUP 96-019 Page 3 use is considered by the City. Said deed restriction shall be prepared by the applicant and is subject to review and approval by the Community Development Department and the City Attorney. Once approved and prior to issuance of any permits, the applicant shall record the deed restriction with the County Recorder. Proof of recording shall be provided to the Community Development Department prior to issuance of any permits.- SITE PLAN (1) 3.1 Details of the trash enclosure shall be provided on the construction drawings and shall included solid metal gates painted to match the building. (1) 3.2 The design, material and color of the existing'front building shall match with the proposed design, material and color of the rear building, as shown on submitted color elevations. BUILDING DIVISION (4) 4.1 At building plan check, the following items shall be submitted: a. Construction plans, structural calculations and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. b. Preliminary technical details and plans for all utility installations, including Cable TV, telephone, gas, water and electricity. Addition- ally, a note on plans shall be included stating that no field change~ shall be made without corrections submitted to and approved by the Building Official (1) 4.2 All construction operations, including engine warm up, deliveries of materials and equipment, shall be subject to the provisions of the City of Tustin Noise Ordinance as amended, and may take place only during the hours of 7:00 a.m. until 6:00'p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday, unless the Building' Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired, subject to application being made at the time the permit for the work is awarded or during progress of the work. No Sunday or holiday construction shall be permitted. Exhibit A Resolution No. 96-115 Appeal of CUP 96-019 Page 4 (1) 4.3 The shared spaces, bedrooms, bathrooms, toilets, (5) entrances,' path of travel and a van accessible parking space shall be accessible to persons with disabilities. ENGINEERING DIVISION (1) 5.1 Both driveway aprons will need to be reconstructed and/or (5) modified to meet current Americans with Disabilities Act (ADA) requirements. Driveway approach slope shall not exceed 10 percent and a minimum of four feet at 2 percent at the rear of the driveway approach shall be provided or other alternative design approved by the City Engineer. (1) 5.2 The property will require annexation to the Tustin (5)' landscape and lighting district. The Public Works Department will require a letter from the property owner stating this annexation will not be protested. LANDSCAPING (1) 6.1 At plan check, detailed landscaping plans shall be submitted reflecting the following: a) Turf is unacceptable for grades over 25 percent b) A combination of planting materials shall be used, ground cover on large areas alone is not acceptable. c) Provide a minimum. of one 15 gallon size tree for every 30 feet of property line on the easterly property perimeter and shrubs where landscaping is provided shall be a minimum five (5) gallon size. (1) 6.2 Landscaping shall be maintained in a neat and healthy condition, this will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, and regular watering. FEES (1) 7.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees to the Community Development Department based .on the most current schedule. B. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. Exhibit A Resolution No. 96-115 Appeal of CUP 96-019 Page 5- (1) 7.2 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 $38.00 (thirty-eight dollars) 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.