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HomeMy WebLinkAbout11 OC RESCUE MISSION CUP 01-031 01-15-08AGENDA REPORT MEETING DATE: JANUARY 15, 2008 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: DRAFT RESOLUTION OF APPROVAL AMENDMENT TO CONDITIONAL USE PERMIT 01-031 (1 HOPE DRIVE) SUMMARY On November 13, 2007, the Planning Commission conducted a public hearing and approved the subject project. On November 20, 2007, the City Council appealed the Planning Commission decision. At the January 2, 2008, the City Council approved the project and directed staff to prepare a resolution of approval with appropriate findings and conditions. APPLICANT: John Luker, Orange County Rescue Mission RECOMMENDATION: That the City Council adopt Resolution No. 08-09 approving the Amendment to Conditional Use Permit 01-031 allowing a medical and dental clinic use at the transitional housing facility and providing service to the transitional housing facility residents and the general public at 1 Hope Drive. Edmelynne V. Hutter Associate Planner Elizabeth A. Binsack Community Development Director Attachments: Resolution No. 08-09 S:\Cdd\CCREPORT1Amend CUP 01-031 (Medical-dental)-approval reso.doc RESOLUTION NO. 08-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 01-031 ALLOWING A MEDICAL AND DENTAL CLINIC USE AT THE TRANSITIONAL/EMERGENCY HOUSING FACILITY AT 1 HOPE DRIVE. The City Council does hereby resolve as follows: I. The City Council 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 l'~uaiity Sub-element; C. Section 3.3.4A of the MCAS Tustin Specific Plan identifies medical/dental clinics as conditionally permitted uses 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 Amendment to Conditional Use Permit 01-031 on November 13, 2007, by the Planning Commission. The Planning Commission approved the Amendment to CUP 01-031 by adopting Resolution No. 4075, allowing the establishment of a medical and dental clinic to serve the transitional housing facility and the general public. E. That the City Council appealed the Planning Commission decision on November 20, 2007, because the original approval of CUP 01-031, including its accessory uses, was intended to serve only the transitional housing facility. The proposed project would serve the transitional housing facility and certain members of the general public (by appointment only). Resolution No. 08-09 Page 2 F. That a public hearing was duly called, noticed, and held for Amendment to Conditional Use Permit 01-031 on January 2, 2008, by the City Council. The City Council modified Condition 2.4 to ensure negative impacts do not result from the various uses on the project site and directed staff to draft a resolution, with the revised condition, approving the project. G. 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 (medical/dental clinic) complies with the General Plan Land Use Element and is authorized in the MCAS Tustin Specific Plan as a conditionally permitted use in the Transitional/Emergency Housing land use area (Planning Area 3). 2) A parking survey report was prepared and 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. Condition 2.4 has been included to address parking problems if the surplus parking spaces are later deemed insufficient to accommodate the parking demand. 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 (by appointment only) 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 the safety of the medical and dental clinic clients and the transitional housing residents. H. 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 City Council 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. Resolution No. 08-09 Page 3 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 15th day of January, 2008. JERRY AMANTE Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 08-09 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 08-09 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 15th day of January, 2008, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk EXHIBIT A RESOLUTION NO. 08-09 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. 08-09 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 Commencing on or after January 1, 2009, Conditional Use Permit 01- 031, as amended, may be reviewed annually by the Community Development Director and the Public Works Director. In the event that one or both of the Directors reasonably determines that a parking or traffic deficiency exists on or in the vicinity of the property subject to CUP 01-031, and that such deficiency is reasonably attributed to the uses on the property, the City Manager may enter into an agreement with an appropriate consultant to perform a parking demand analysis or traffic study analysis for the property and all uses thereon. The applicant shall be responsible for all costs associated with the preparation of such studies and shall deposit and augment funds in an amount that the City Manager determines is sufficient to reimburse the City for the cost of such studies. Exhibit A Resolution No. 08-09 Amendment to CUP 01-031 Page 3 In the event a study indicates that there is inadequate parking on the property to adequately serve all uses maintained on the property, the applicant shall initiate and implement mitigation measures that the Community Development Director and the Public Works Director reasonably determine are necessary or appropriate to alleviate the parking deficiency. Such mitigation measures may include, but are not limited to: a. Provision of additional parking spaces. b. Elimination of uses. c. Adjustment of hours of operation. d. Reduction of the number of persons allowed in one or more facilities on the property at any given time. 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.