HomeMy WebLinkAboutCC RES 08-09RESOLUTION 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 Quality 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).
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.
Resolution No. 08-09
Page 1 of 6
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).
I I. 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.
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular
meeting on the 15th day of January, 2008.
Resolution No. 08-09
Page 2 of 6
ATTEST:
PAMELA STOKER,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do 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: Amante. Davert, Kawashima (3)
COUNCILMEMBER NOES: Bone (1)
COUNCILMEMBER ABSTAINED: Palmer (1)
COUNCILMEMBER ABSENT: None (0)
PAMELA STOKER,
City Clerk
Resolution No. 08-09
Page 3 of 6
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) PCICC POLICY
~4~ QF~SIC~N I~V~W *** EXCEPTION
e o u ion o.
Page 4 of 6
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.
Resolution No. 08-09
Page 5 of 6
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.
Resolution No. 08-09
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