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HomeMy WebLinkAboutPC RES 4377 RESOLUTION NO. 4377 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2018-00016 AUTHORIZING THE TEMPORARY LONG-TERM PLACEMENT OF A MOBILE MRI TRAILER AT AN EXISTING MEDICAL OFFICE BUILDING AND HOSPITAL LOCATED AT 14642-14662 NEWPORT AVENUE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit (CUP) 2018-00016, was filed by Alta Newport Hospital, Inc., A California Corporation, to continue the placement of a mobile magnetic resonance imaging (MRI) trailer in the parking lot at Foothill Regional Medical Center. B. That, pursuant to the Tustin City Code (TCC) Section 9270b3., A CUP for temporary uses, approved by the Planning Commission, is req'ui'red;for a-period longer than one (1) year. C. That the continued placement of the mobile MRI trailer is consistent with the Tustin General Plan in that the property is designated as Public/Institutional, which allows for public uses, including hospitals and ancillary medical uses. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of-the City of Tustin's General Plan and has been determined to be consistent with the Air Quality Sub-element. D. That a public hearing was duly called, noticed, and held for said application on February 12, 2019, by the Planning Commission. E. That the continued placement of the mobile MRI trailer 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, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City in that: 1. The site is suitable and adequate for the proposed use because it is an existing medical property, which can accommodate the mobile MRI trailer. 2. The mobile MRI trailer would not be detrimental to the general welfare of persons residing in the immediate vicinity, the neighborhood or the community at large because the use is entirely within the trailer and is screened from view from the public right-of-way. li Resolution No. 4377 Page 2 3. The mobile MRI trailer is temporary while the permanent use is constructed within the building. The trailer will be removed upon permanent construction or the expiration date of (February 12, 2021). F. This project is Categorically Exempt pursuant to Section 15304(e) (Class 4) of the California Environmental Quality Act (CEQA) 11. The Planning Commission hereby approves CUP-201800016 authorizing the continued placement of a mobile MRI trailer at an existing medical office building and hospital until construction of the permanent facility or the expiration date (February 12, 2021), subject to the conditions of approval contained within Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 121h day of February. 2019. -tTEVff &ZAK Chairperson Pro Tem ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California and that Resolution No. 4377 was duly passed and adopted at a regular meeting of the Tustin Planning Commission held on the 121" day of February, 2019. PLANNING COMMISSIONER AYES: Gallagher, iha, Kozak, Mason, Thompson (5) PLANNING COMMISSIONER NOES. PLANNING COMMISSIONER ABSTAINED. PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A ' RESOLUTION NO. 4377 CONDITIONAL USE PERMIT 2018-00016 CONDITIONS OF APPROVAL 14642-14662 NEWPORT AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the Tustin City Code (TCC) and Tustin guidelines and standards and be consistent with submitted plans for the project date stamped February 12, 2019, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development fn 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 TCC or other applicable regulations. (1) 1.2 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) 1.3 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 Approval of Conditional Use Permit (CUP) 2018-00016 Js contingent upon the applicant and property owner signing and returning Ito the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording withi 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. SOURCE CODES (1)STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PCICC POLICY (4) DESIGN REVIEW **" EXCEPTION Exhibit A Resolution No. 4377 Page 2 (1) 1.5 CUP 2018-00016 may be reviewed at any time 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 2018-00016, 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, or may initiate proceedings to revoke the CUP. (1) 1.6 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 attach, 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 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.8 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. USE RESTRICTIONS (1) 2.1 CUP 2018-00016 is to allow for temporary placement of a mobile magnetic resonance imaging (MRI) trailer for two (2) years. No use beyond the expiration date (February 12, 2021) is allowed and the site shall be cleared and restored at the expiration date. (1) 2.2 The mobile MRI trailer shall exclusively serve patients of Foothill Regional Medical Center. (1) 2.3 The mobile MRI trailer shall be properly secured to prevent the theft of the unit. Exhibit A Resolution No. 4377 Page 3 FEES (1) 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 the 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. I