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HomeMy WebLinkAboutPC RES 4075RESOLUTION NO. 4075 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT 01-031 ALLOWING A MEDICAL AND DENTAL CLINIC USE IN CONJUNCTION WITH THE APPROVED TRANSITIONAL/EMERGENCY HOUSING FACILITY AT 1 HOPE DRIVE. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. A proper application, Amendment to Conditional Use Permit 01-031, was submitted John Luker (Orange County Rescue Mission), requesting to amend the existing Conditional Use Permit 01-031 to allow a 4,000 square foot medical and dental clinic on the first floor of the Men's Dormitory (Building B) at the project site within Planning Area 3 of the MCAS Tustin Specific Plan (SP-1) Zoning District. B. The General Plan MCAS Tustin Specific Plan land use designation provides for various housing, employment, and community support uses including Transitional/Emergency Housing uses. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element; C. Section 3.3.4A of the MCAS Tustin Specific Plan identifies medical/dental clinics as a conditionally permitted use in the Transitional/Emergency Housing (SP-1 Planning Area 3) land use area. D. That a public hearing was duly called, noticed, and held for said application on November 13, 2007, by the Planning Commission; E. The establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to 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, or to the general welfare of the City of Tustin in that: 1) The proposed use complies with the General Plan Land Use Element in that Transitional/Emergency Housing is authorized in the MCAS Tustin Specific Plan and the MCAS Tustin Specific Plan document includes medical and dental clinics as conditionally Resolution No. 4075 Page 2 permitted use in the Transitional/Emergency Housing land use area of the MCAS Tustin Specific Plan (Planning Area 3). 2) Although the proposed clinic facility is larger than the existing clinic in Santa Ana, the parking survey report has concluded that the maximum parking demand generated by the proposed use is eleven (11) parking spaces and can be accommodated by the existing sixteen (16) surplus parking spaces. In addition, If, after the clinic is in operation, the spaces are not deemed sufficient and do not accommodate the demand on-site, Condition 2.4 has been added. 3) The proposed medical and dental clinic use would not be detrimental to surrounding properties in that the hours of operation, number of clients, and type of operation are consistent with other businesses in the area and all operations will be conducted inside the building. 4) That on-site security will be provided to ensure safety of the medical and dental clinic clients and the transitional housing residents. F. This project is Categorically Exempt pursuant to Section 15301 Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Amendment to Conditional Use Permit 01-031 authorizing the establishment of a medical and dental clinic use within an existing 4,000 square-foot tenant space located at 1 Hope Drive, Building B, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 13th day of November, 2007. ~, _._~ JOH IELSEN Chairperson ~, ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4075 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) City of Tustin ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California that the Resolution No. 4075 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of November, 2007. _~"/Gl~~:~~i~ ~~~~. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4075 AMENDMENT TO CONDITIONAL USE PERMIT 01-031 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the Tustin City Code and Tustin guidelines and standards and be consistent with submitted plans for the project date stamped November 13, 2007, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Director. (1) 1.3 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) 1.4 All other conditions contained within Planning Commission Resolution No. 3817 approval of the transitional housing facility remain valid and applicable. (1) 1.5 Approval of Amendment to Conditional Use Permit 01-031 is contingent upon the applicant signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and 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 Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.6 The applicant shall agree at is sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4075 Amendment to CUP 01-031 Page 2 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 this sole cost and expense, elect to participate in defense of any such actions under this condition. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council Ordinance. USE RESTRICTIONS (1) 2.1 Hours of operation of the medical and dental clinic use shall be limited to 8:00 AM to 6:00 PM, Monday through Saturday. The Community Development Director may approve a request to modify the hours of operation if they are deemed to be compatible with the surrounding area. (1) 2.2 Medical and dental services shall be provided to clients by appointment only. Walk-in services shall not be permitted unless such a request is submitted by the applicant and approved by the Community Development Director. (1) 2.3 A total of sixty-four (64) parking spaces shall be maintained at all times. Any reduction of on-site parking shall be reviewed and approved by the Community Development Director. (1) 2.4 If in the future the City determines that a parking or traffic deficiency exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis or traffic study analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department and/or Public Works Department. Said mitigation may include, but are not limited to, the following: a. Adjust hours of operation. b. Reduce the number of persons allowed in the facility at any given time. Exhibit A Resolution No. 4075 Amendment to CUP 01-031 Page 3 FEES (2) 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 COUNTY CLERK 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 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.