HomeMy WebLinkAboutCC RES 15-59 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
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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.
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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 20th day of October, 2015.
CHARLES E. PUCKETT,
Mayor
ATTEST:
ERICA N. RABE,
City Clerk
Resolution No. 15-59
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Rabe, 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 is
five; that the above and foregoing Resolution No. 15-59 was duly and regularly passed
and adopted at a regular meeting of the City Council held on the 20th day of October
2015 by the following vote:
COUNCILPERSONS AYES: Puckett, Murray, Bernstein (3)
COUNCILPERSONS NOES: None (0)
COUNCILPERSONS ABSTAINED: Gomez, Nielsen (2)
COUNCILPERSONS ABSENT: None (0)
//
ERI A N. RABE,
City Clerk
Resolution No. 15-59
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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 ***EXCEPTION
(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 palliative care, convalescent care, surgery recovery, 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 design and site layout shall be subject to City's
approval prior to submittal to the State.
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*** 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.
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