Loading...
HomeMy WebLinkAbout10-ATTACHMENT K (RESO NO. 15-59 - CUP 2015-11) ATTACHMENT K City Council Resolution No. 15-59 CUP 2015-11 Acute care/Rehabilitation, 15120 Kensington Park Dr. RESOLUTION NO. 15-59 A RESOLUTION OF THE TUSTIN CITY COUNCIL APPROVING CONDITIONAL USE PERMIT 2015-11 ALLOWING THE ESTABLISHMENT OF A NEW ACUTE CARE/REHABILITATION AND SKILLED NURSING FACILITY WITH 80 BEDS AND ASSOCIATED SERVICES, LOCATED AT 15120 KENSINGTON PARK DRIVE (BUILDING M). The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That proper application has been submitted by 1C Tustin Legacy LLC (Regency Centers) for the development of a 248,292 square foot commercial center on approximately 22.7-acre site located at 15000-15190 Kensington Park Drive within Planning Area 7 of the MCAS Tustin Specific plan. B. That the development application includes a request to establish an acute care/rehabilitation and skilled nursing facility within a proposed 75,000 square-foot, 3-story building on Parcel 10 of Tentative Parcel Map 2015-127, with a future address of 15120 Kensington Park Drive. C. That the site is zoned as MCAS Tustin Specific Plan (SP1) within Planning Area 7 of Neighborhood B; and designated as MCAS Tustin Specific Plan by the Tustin General Plan. 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. D. That the proposed acute care/rehabilitation and skilled nursing facility is an unlisted use within Planning Area 7 of MCAS Tustin Specific Plan and is contingent upon the City Council adopting Ordinance No. 1460 approving Specific Plan Amendment 2015-02 that adds acute/care and skilled nursing uses as conditionally permitted uses within the MCAS Tustin Specific Plan Planning Area 7. E. That the proposed use is consistent with the Tustin General Plan Land Use Element including the following City goals and policies for the long- term growth, development, and revitalization of Tustin, including the MCAS Tustin Specific Plan area: 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Promote economic expansion and diversification. Resolution No. 15-59 Page 2 4. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master-planned development. F. That a public hearing was duly called, noticed, and held on said application on August 25, 2015, by the Planning Commission. Following the hearing, the Planning Commission adopted Planning Commission Resolution No. 4285 and 4286 recommending that the City Council approve Specific Plan Amendment 2015-02 and the proposed acute care/rehabilitation facility, respectively. G. That a public hearing was duly called, noticed, and held on said application on September 15, 2015, by the City Council and that the City Council continued the item to October 20, 2015. H. 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; the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole of the City of Tustin in that: 1. The proposed use is conditionally permitted within MCAS Tustin Specific Plan Planning Area 7, with the approval of Specific Plan Amendment 2015-02 (Ordinance No. 1460). 2. The proposed use operations will primarily take place inside the proposed acute care/rehabilitation and skilled nursing facility. 3. As proposed, the proposed use will include multiple levels of care that range from acute rehabilitation, skilled nursing, convalescent care, assisted living and memory care services. That the facility will provide ancillary services, such as administration and food service, within the facility. 4. The acute care/rehabilitation and skilled nursing facility would be regulated by the California Department of Health Services and require a license to operate and provide healthcare services based on regulatory & operational requirements. 5. The medical plaza provides adequate number of parking spaces to accommodate the proposed use and other uses within the medical plaza. Resolution No. 15-59 Page 3 I. On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. The FEIS/EIR along with its Addenda and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin An Environmental Checklist (Resolution No. 15-57) has been prepared and concluded that the proposed project does not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. II. The City Council hereby approves Conditional Use Permit 2015-11 for the establishment of an acute care/rehabilitation and skilled nursing facility, subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 20`h day of October, 2015. CHARLES E. PUCKETT MAYOR ATTEST: ERICA N. RABE CITY CLERK Resolution No. 15-59 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN CERTIFICATION FOR RESOLUTION NO. 15-59 ERICA N. RABE, 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. 15-59 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 20th day of October, 2015, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. RABE, CITY CLERK EXHIBIT A RESOLUTION NO. 15-59 CONDITIONAL USE PERMIT 2015-11 ACUTE CARE/REHABILITATION AND SKILLED NURSING FACILITY BUILDING M, PARCEL 10 15120 KENSINGTON PARK DRIVE CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 20, 2015, 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 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within five (5) years of the date of this Exhibit unless authorized by Development Agreement 2015-001 for a longer time frame. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of CUP 2015-11 is contingent upon the applicant 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 Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW "I' EXCEPTION Exhibit A Resolution No. 15-59 Page 2 (1) 1.6 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 by ordinance. (1) 1.7 As a condition of approval of CUP 2015-11, 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 defense of any such action under this condition. (1) 1.8 CUP 2015-11 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with CUP 2015-11, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts; if additional conditions are not effective or complied with, the Community Development Director may initiate proceedings to revoke the Conditional Use Permit. *** 1.9 Building design and site layout shall comply with the requirements of Resolution No. 15-58. Any modification to the building design or site layout shall be reviewed and approved by the Community Development Director. *** 1.10 Approval of CUP 2015-11 is contingent upon the City Council adoption of Ordinance No. 1460 for Specific Plan Amendment 2015-02. USE RESTRICTIONS *** 2.1 The approval is for an acute care/rehabilitation and skilled nursing facility and associated services such as memory care, assisted living, palliative care, convalescent care, surgery recovery, chemical dependency services and chronic care rehabilitation. A maximum of 80 beds are authorized in facility and issuance of proper permits and certification from the State of California is required prior to occupancy Exhibit A Resolution No. 15-59 Page 3 of the new structure. However, building design and site layout shall be subject to City's approval prior to submittal to the State. *** 2.2 Any change to the nature of the facility shall require review and approval by the Community Development Director which could potentially require an amendment to this Conditional Use Permit. *** 2.3 Emergency room services are not approved at the subject facility. (1) 2.4 All activities shall comply with the City's Noise Ordinance. (1) 2.5 No outdoor storage shall be permitted except as approved by the Community Development Director. (1) 2.6 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis, traffic or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a. Adjust hours of operation. b. Provide additional parking. c. Reduce the number of patients and/or employees FEES (1) 3.1 Within forty-eight (48) hours of final approval of the 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.