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HomeMy WebLinkAboutCORRESPONDENCE DISTRIBUTED 10.20.15 (ITEM NO. 10 - THE VILLAGE AT TUSTIN LEGACY)Revised condition 2.1 Resolution No. 15-59 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 (normally with stays lasting 7-10 days) such as memory E;aro, assisted Wi^n, palliative care, convalescent care, surgery recovery, ^hemiGal depeR deRGY serviGes -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 --of the new structure. However, building f Exhibit A Resolution No. 15-59 Page 3 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.