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HomeMy WebLinkAbout01 ZA REPORT CUP 2021-0026 MRI FACILITY DocuSign Envelope ID:470D79A3-6E1 F-4FF4-B405-EF91 D88FE090 - AGENDA REPORT ITEM 41 MEETING DATE: JANUARY 20, 2022 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2021-0026 APPLICANT: PROPERTY OWNER: ALTA NEWPORT HOSPITAL, INC. ALTA NEWPORT HOSPITAL, INC. 3415 S. SEPULVEDA BLVD. 3415 S. SEPULVEDA BLVD. LOS ANGELES, CA 90034 LOS ANGELES, CA 90034 LOCATION: 14662 NEWPORT AVENUE GENERAL PLAN: PUBLIC/INSTITUTIONAL (P/1) ZONING: PUBLIC & INSTITUTIONAL (P&I) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO PERMANENTLY RELOCATE AND ESTABLISH A MAGNETIC RESONANCE IMAGING (MRI) FACILITY AT AN EXISTING MEDICAL CENTER LOCATED AT 14662 NEWPORT AVENUE. p y I DocuSign Envelope ID:470D79A3-6E1 F-4FF4-B405-EF91 D88FE090 Zoning Administrator January 20, 2022 CUP 2021-0026 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 22-001 approving Conditional Use Permit (CUP) 2021-0026 to permanently relocate and establish a magnetic resonance imaging (MRI) facility at 14662 Newport Avenue. APPROVAL AUTHORITY The project site is an existing medical center located within the Public & Institutional (P&I) Zoning District. Hospitals are listed as a conditionally permitted use within the P&I District Regulations pursuant to Tustin City Code (TCC) Section 9245(b)4. Per TCC Section 9299b3(f), the Zoning Administrator has the authority to consider minor CUP requests for existing developments where there would be no change of primary use, no expansion of floor area and the request would not alter the original intent of the project or site. BACKGROUND Site and Surrounding Properties The project site is located on the southeasterly side of Newport Avenue between Sycamore Avenue and Walnut Avenue (Figure 1). The project site is located on an approximate 5.36- acre lot and is developed with a 177-bed hospital facility (Foothill Regional Medical Center). The four-story medical office buildings fronting Newport Avenue are not a part of the project site. Commercial properties are located to the southwest with residential uses surrounding the site to the north, east, and southeast. DocuSign Envelope ID:470D79A3-6E1 F-4FF4-B405-EF91 D88FE090 Zoning Administrator January 20, 2022 CUP 2021-0026 Page 3 A#N Subject Property -. 1 _ Proposed MRI facility 61 w _ k 2 fIF'I�M' f w / y J 1. �'/�� y /4s lm 7 _ N' U . „� ,•t r. f '� 7'y�rr. m a. s .. ff ya�y f} r f ,1 Figure 1. Area Map - project site in red Project Description The project involves the permanent relocation and establishment of an existing 408- square-foot mobile MRI facility that was previously approved on a temporary basis with a Temporary Use Permit, which was valid from September 27, 2017 through September 27, 2018. During this one (1) year period, the applicant submitted a CUP application (CUP 2018- 00016) to extend the temporary use for an additional two (2) years to allow for the construction of a permanent MRI facility within Foothill Regional Medical Center. This DocuSign Envelope ID:470D79A3-6E1 F-4FF4-B405-EF91 D88FE090 Zoning Administrator January 20, 2022 CUP 2021-0026 Page 4 extension request was approved and allowed the temporary MRI facility to operate until February 12, 2021 . However, staff was made aware that the applicant is no longer able to construct a permanent MRI facility within the existing medical center as originally planned. Thus, the applicant is requesting approval to relocate the existing mobile MRI facility to an on-site location screened from the public right-of-way and to convert it to a permanent structure serving the medical center (Figure 2). This permanent conversion involves anchoring the MRI facility to a permanent structural foundation, connecting it to the medical center's utilities, and adding perimeter fencing and decorative skirting to the MRI facility fagade to achieve a permanent character. Such structural improvements are subject to review and approval by the State Department of Health Care Access and Information (HCAI, formerly known as the Office of Statewide Health Planning and Development, OSHPD). However, the plans approved by HCAI must then be submitted to the Tustin Community Development Department for building permit plan check demonstrating compliance with Condition of Approval No. 2.1 requiring architectural enhancement of the MRI facility. Following building permit issuance, the Tustin Building Division will conduct the necessary building inspections as the MRI facility is remodeled. DocuSign Envelope ID:470D79A3-6E1 F-4FF4-B405-EF91 D88FE090 Zoning Administrator January 20, 2022 CUP 2021-0026 Page 5 Newport Avenue Proposed permanent --------------------------------------------- MRI Facility m _.._ Q =4; O co G F-D Foothill Regional Medical ff Center L_ r Figure 2. Site Plan MRI Facility Operations The proposed hours of operation for the facility are as follows: Monday through Friday: 8:00 AM to 5:00 PM* Saturday & Sunday: Closed* *Additional hours and days as needed to serve the on-site Emergency Department There will be one (1) employee operating the mobile MRI facility by appointment only. The hospital facility also utilizes the MRI facility as needed for emergency purposes during and outside of normal operating hours. DocuSign Envelope ID:470D79A3-6E1 F-4FF4-B405-EF91 D88FE090 Zoning Administrator January 20, 2022 CUP 2021-0026 Page 6 The facility will be placed outside of public view within a recessed location screened on three (3) sides by the existing medical center building. Operation of the facility is subject to compliance with the Tustin Noise Ordinance. Parking On November 5, 1984, the Planning Commission approved Use Permit No. 84-16 for the construction of the existing 57,563 square-foot, four-story medical center. As part of this approval, a parking count survey was submitted indicating a parking surplus of thirty- seven (37) parking spaces. No major modifications to the site have occurred since this approval. The proposed MRI facility would remove six (6) parking spaces once permanently established, leaving thirty-one (31) surplus parking spaces remaining. Therefore, parking requirements are satisfied. Design As conditioned, plans for the MRI facility must be submitted to the Community Development Department for review following approval by the California Department of Health Care Access and Information (HCAI, formerly known as the Office of Statewide Health Planning and Development, OSHPD). The submitted plans must demonstrate compliance with Condition of Approval No. 2.1 requiring architectural enhancement of the MRI facility to provide an attractive, permanent building character to the satisfaction of the Community Development Department. Examples of such improvements include an architectural wrap to match the existing medical center, skirting along the bottom of the facility, fencing, and landscaping. CONCLUSION Based on this report and the findings and conditions of approval contained in ZAA No. 22- 001, staff recommends that the Zoning Administrator adopt ZAA No. 22-001 approving CUP 2021-0026 to authorize the permanent relocation and establishment of a magnetic resonance imaging (MRI) facility at 14662 Newport Avenue. DocuSigned by: ,-----_DocuSigned by: 5vw,a C11ti1�Y Ou �(h f147C 4h& 2ESAE588F82047F... for Jorge Maldonado Scott Reekstin Assistant Planner Principal Planner Attachments: A. Location Map & Land Use Fact Sheet B. Submitted Plans C. Zoning Administrator Action 22-001 ATTACHMENT A LOCATION MAP LAND USE FACT SHEET Radius Map 14662 Newport Avenue APN: 432-141-15 1000 ft. 0 500 ft. ok- �Q 300 ft. 4f 300 ft,500 ft,and 1000 ft Radius LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP-2021-0026 2. LOCATION: 14662 NEWPORT AVENUE 3. APN(S): 432-141-15 4. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: Use Permit 84-16: To construct a 57,563 SF, four-story medical center CUP 18-00016: To allow the temporary placement and use of a mobile MRI facility for two (2) years. 5. SURROUNDING LAND USES: NORTH: Residential SOUTH: Residential EAST: Residential WEST: Commercial 6. SURROUNDING ZONING DESIGNATION NORTH: Multiple-Family Residential (R3) SOUTH: Multiple-Family Residential (R3) EAST: Suburban Residential (R4) WEST: Retail Commercial (C-1) 7. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: High Density Residential (HDR) SOUTH: High Density Residential (HDR) EAST: High Density Residential (HDR) WEST: Public/Institutional (PI) 8. SITE LAND USE: EXISTING PROPOSED Use: Medical Center Same Zoning: Public and Institutional (P & 1) No Change General Plan: Public/Institutional (PI) No Change DEVELOPMENT FACTS: 9. LOT AREA: 5.36 ACRES 10. PARKING: EXISTING PROPERTY HAS A SURPLUS OF 37 PARKING SPACES. SIX (6) PARKING SPACES WILL BE REMOVED DUE TO THE PERMANENT ESTABLISHMENT OF THE FACILITY, LEAVING 31 SURPLUS PARKING SPACES. 11. TENANT IMPROVEMENTS: AS REQUIRED FOR THE PERMANENT ESTABLISHMENT OF THE MRI FACILITY. STRUCTURAL TO BE REVIEWED AND APPROVED BY OSHPD, CITY BUILDING PERMIT STILL REQUIRED FOR PLANNING PLAN CHECK AND BUILDING INSPECTIONS. ATTACHMENT B SUBMITTED PLANS � o hGrN Z t a 00 Q ❑ r- J r— = z ¢ Q UJ ~O O Q U O w W E Lli ~ Q Z ❑ Q w 0 Z 0� 0 W W Z � w v 0 CO 00 U m a U � w0oo Ws zw � d CL (L s Sax Qaao � o Z 2 0 0 I •3AV 3�10NVOAS LJL Lr�7 Ml FE=�j Ml FE=�j L EXI o j— F-- FF7Lll HhNVIJ �IAV]d E-, oL it rF o ED �UL Li u 21 I F,I II I F, Fl F—.I LL n - - ol I!MIN U 1�g� O LLI m ie 0 z Pill O LU ip O 11 F O O ATTACHMENT C ZONING ADMINISTRATOR ACTION 22-001 ZONING ADMINISTRATOR ACTION 22-001 CONDITIONAL USE PERMIT 2021-0026 14662 NEWPORT AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2021-0026 was filed by Alta Newport Company, Inc. to permanently relocate and establish a 408 square-foot magnetic resonance imaging (MRI) facility at an existing medical center located at 14662 Newport Avenue. B. That the property is designated as Public/Institutional (PI) by the Tustin General Plan and is zoned Public and Institutional (P&I). C. That in accordance with TCC Section 9299b3(f), the Zoning Administrator is authorized to consider minor CUPs for existing developments where there would be no change in primary use, no expansion of floor area, and the request would not alter the original intent of the project or site. D. That a public hearing was duly called, noticed, and held for CUP 2021-0026 on January 20, 2022, by the Zoning Administrator. E. 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 of the City in that: 1 . The site is suitable and adequate for the proposed use, because it is developed with an existing medical center. 2. The MRI facility would not be detrimental to the general welfare of persons residing in the immediate vicinity, the neighborhood, or the community at large because operations are contained entirely within the proposed structure, are more than 150 feet away from nearby residential uses, will comply with the Tustin Noise Ordinance at all times, and are screened from view from the public right-of-way. 3. The MRI facility will comply with all permitting requirements and regulations from the State of California Department of Health Care Access and Information (formerly known as the Office of Statewide Health Planning and Development) and the City of Tustin Community Development Department. Conditions of Approval UD-2021-0002; CUP-2021-0016 November 18, 2021 Page 2 F. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves CUP 2021-0026 authorizing the relocation and establishment of a 408 square-foot MRI facility at an existing medical center located at 14662 Newport Avenue, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 20th day of January, 2022. JUSTINA L. WILLKOM ZONING ADMINISTRATOR VERA HURTADO RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, VERA HURTADO, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 2022-001 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 20th day of January, 2022. VERA HURTADO RECORDING SECRETARY EXHIBIT A CONDITIONAL USE PERMIT 2021-0026 CONDITIONS OF APPROVAL 14662 NEWPORT AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the Tustin City Code (TCC) and be consistent with submitted plans for the project date stamped January 20, 2022, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director 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 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) 2021-0026 is contingent upon the applicant and property owner 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 Community Development Director, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 CUP 2021-0026 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 2021-0026, 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, 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 Exhibit A—Conditions of Approval CUP-2021-0026 Page 2 challenge, void, or annul an approval of the Zoning Administrator 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 2021-0026 is to allow for the permanent relocation and anchoring of a previously approved mobile magnetic resonance imaging (MRI) trailer. The trailer shall be converted into a permanent facility by ways including, but not limited to, being structurally attached to a permanent foundation, obtaining underground utility service from the main hospital building, and being enhanced with architectural fagade improvements to the satisfaction of the Community Development Department. (1) 2.2 The MRI facility shall exclusively serve patients of Foothill Regional Medical Center. (1) 2.3 The applicant shall obtain the appropriate permits and approvals from the State Department of Health Care Access and Information (HCAI), formerly known as the Office of Statewide Health Planning and Development (OSHPD). (1) 2.4 The applicant shall submit plans approved by HCAI/OSHPD to the Community Development Department for review demonstrating compliance with Condition of Approval No. 2.1 , to the satisfaction of the Community Development Department. If satisfactory, a building permit will be issued and the appropriate inspections can be requested from the Tustin Building Division as construction occurs. (1) 2.5 The MRI facility shall operate between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, except the facility can be used during and outside regular operating hours in service of the on-site Emergency Department as needed for emergency purposes. (1) 2.6 The MRI facility shall be removed from the site if the use has been abandoned for a period of one (1) year or more. Exhibit A—Conditions of Approval CUP-2021-0026 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 OC CLERK-RECORDER 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.