HomeMy WebLinkAboutZAA 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
CUP 2021-0026
January 20, 2022
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).
11. 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,
X VINA L. WILLKOM
ZONING ADMINISTRATOR
VERA HURTADd
RECORDING SECRETARY
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TU TIN
1, 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 20"1 day of January, 2022,
VERA HL)RtAUd""'
RECORDING SECRETARY
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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
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Exhibit A—Conditions of Approval I
CUP-2021-0026 j
Page 2
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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 facade 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 (HCA]), formerly
known as the Office of Statewide Health Planning and Development
(OSHPD).
(1). 2.4 The applicant shall submit plans approved by HCAl10SHPD 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.,
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Exhibit A—Conditions of Approval
CUP-2021-0026
Page 3
(1) 2.7 The MRI facility shall comply with the Tustin noise ordinance at all times.
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.
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