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HomeMy WebLinkAboutPC RES 4519Docusign Envelope ID: 74749C4C-7024-4F3C-A1 F3-FAFB1 DCABDBC RESOLUTION NO. 4519 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CUP 2024-0018, FOR THE ESTABLISHMENT AND OPERATION OF A SKILLED NURSING FACILITY LICENSED THROUGH THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH, PURSUANT TO CALIFORNIA CODE OF REGULATIONS, TITLE 22, DIVISION 5 AT 14851 YORBA STREET AND 165 NORTH MYRTLE AVENUE (APN: 402-302-14) The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2024- 0018 was filed by Robert Mooney, on behalf of Life Generations Healthcare, LLC requesting authorization to establish a skilled nursing facility (specialty hospital) at 14851 Yorba Street and 165 North Myrtle Avenue. B. That the subject property is located within the Public and Institutional (P&I) district, Professional (Pr) district, and Specific Plan No. 9 (SP9- Yorba Specific Plan) and the property has a Public/Institutional General Plan land use designation. For purposes of this project, the P&I zoning district standards apply because the existing buildings are located in the P&I zone. C. That pursuant to Tustin City Code (TCC) 9245b, Hospitals are conditionally permitted uses in the P&I zoning district. D. That the project site was formally constructed for, and occupied by, a skilled nursing facility and a rehabilitation hospital, and both uses were considered hospitals when approved. E. That pursuant to California Code of Regulations, Title 22, Division 5, skilled nursing facilities are hospital -like in that they provide 24-hour care to patients whose primary need is for availability of skilled nursing care on an extended basis. F. That pursuant to TCC Section 9291 grants the Planning Commission the authority to consider and act on requests for a CUP. G. That a public hearing was duly called, noticed, and held for CUP 2024-0018 on January 28, 2025, by the Planning Commission. H. That 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. Docusign Envelope ID: 74749C4C-7024-4F3C-A1 F3-FAFB1 DCABDBC PC Reso. No. 4519 CUP 2024-0018 That in determining whether to approve the CUP, the Planning Commission finds that the establishment, maintenance, and operation of the proposed uses 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 of Tustin, in that: That conditionally permitted uses in the P & I zoning district include hospitals. Pursuant to California Code of Regulations, Title 22, Division 5, skilled nursing facilities are under a list of classes that include hospitals, and skilled nursing facilities support hospitals, including Special Treatment Programs, in that they provide 24-hour care to patients whose primary need is for availability of skilled nursing care on an extended basis. The project site was previously designed and approved for a skilled nursing facility and rehabilitation hospital and the applicant would be re -activating the site with similar operational characteristics as the previous uses. 2. That the proposed skilled nursing facility (Specialty Hospital) is located within the P & I zoning district. As conditioned, the proposed Hospital (skilled nursing facility) characteristics and hours of operation, would align with those of existing uses in the area, ensuring compatibility with the surrounding businesses. 3. That the project site has frontage along Yorba Street and primary vehicle access from Myrtle Avenue. On -site parking is available and sufficient for skilled nursing facility (Specialty Hospital) uses. 4. That the project site currently provides a total of 165 parking spaces, which includes six surface parking spaces and 159 subterranean spaces. With a maximum patient capacity of 121 beds, medical and administrative staff, the facility requires a total of 85 parking spaces (90 if Special Treatment Program is established). As currently provided onsite, the site exceeds the required parking for Hospital (skilled nursing facilities). J. The Tustin Police Department has reviewed the application and has no concerns as conditioned. K. That this project is Categorically Exempt pursuant to Section 15301 (Class 1 — Existing Facilities) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Docusign Envelope ID: 74749C4C-7024-4F3C-A1 F3-FAFB1 DCABDBC PC Reso. No. 4519 CUP 2024-0018 II. The Planning Commission hereby approves CUP 2024-0018 authorizing the establishment of a specialty hospital use required to be licensed as a Skilled Nursing Facility through the California Department of Public Health, pursuant to California Code of Regulations, Title 22, Division 5 within the existing buildings located at 14851 Yorba Street and 165 North Myrtle Avenue, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 11th day of February, 2025. ,r---Signed by: i D14BF2601 EF34A4... ERIC HIGUCHI Chairperson Signed by: u �. In�i,Q.Q., 4y'n ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary APPROVED AS TO FORM: --_--. Signed by: 343ADCC695E946B... MICHAEL DAUDT Assistant City Attorney Docusign Envelope ID: 74749C4C-7024-4F3C-A1 F3-FAFB1 DCABDBC PC Reso. No. 4519 CUP 2024-0018 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4519 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11t" day of February 2025. PLANNING COMMISSIONER AYES: Douthit, Higuchi, Kozak, Mason, Mello (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Signed by: �....n0Q4y'�54A5 JUSTINA L. WILLKOM Planning Commission Secretary Docusign Envelope ID: 74749C4C-7024-4F3C-A1 F3-FAFB1 DCABDBC EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2024-0018 14851 YORBA STREET AND 165 N. MYRTLE AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped February 11, 2025, 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 of subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 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) 1.3 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 Conditional Use Permit (CUP) 2024-0018 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 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to TCC Section 1162(a). (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 2024-0018, the applicant shall agree, at is sole costs and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants from any claim, action, or SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Docusign Envelope ID: 74749C4C-7024-4F3C-A1 F3-FAFB1 DCABDBC Conditions of Approval Exhibit A CUP 2024-0018 Page 2 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 2024-0018 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. Use Restrictions (1) 2.1 The applicant is approved to establish a Skilled Nursing Facility (Specialty Hospital) that would accommodate 121 patients and offer skilled nursing and supportive care, including 24-hour inpatient care (dietary, pharmaceutical services and activity programs). The following services are allowed: ■ Room and board; ■ Nursing care (skilled observation and assessment); ■ Respiratory care; ■ Physical, speech, and occupational therapies; ■ Catheterizations; ■ Wound care; ■ Intravenous (IV) fluids; ■ IV, intramuscular and subcutaneous medications; ■ Pain control; ■ Feedings such as parenteral nutrition; ■ Ventilator care; ■ Medication management (as ordered by the patient's physician); ■ Vaccine administration; and ■ Special Treatment Program. Security policies and procedures for the Special Treatment Program that may be established at the facility shall be reviewed and maybe augmented to ensure efficient coordination with the Tustin Police Department. The security policies and procedures shall be submitted to the Community Development Director and the Chief of Police, and any modifications shall be incorporated into said documents prior to implementation of said Program/Unit. Docusign Envelope ID: 74749C4C-7024-4F3C-A1 F3-FAFB1 DCABDBC Conditions of Approval Exhibit A CUP 2024-0018 Page 3 (***) 2.2 The facility shall be licensed at all times as a Skilled Nursing Facility through the California Department of Public Health, pursuant to California Code of Regulations, Title 22, Division 5. Any change in use type may require review and approval of a new CUP. Changes in use type and/or license type by California Department of Public Health and pursuant to California Code of Regulations, Title 22, Division 5 is subject to review and approval by the Community Development Director. Establishment and renewals of the California Department of Public Health shall be submitted to the Community Development Director. The applicant shall notify the City when a subsidiary is selected or when there is a change of subsidiary. Notice shall be delivered to the Community Development Director for review. (***) 2.3 Change of license type to a use other than a Skilled Nursing Facility, pursuant to California Code of Regulations, Title 22, Division 5 is not allowed, and this approval does not allow the establishment of short-term housing uses such as Recuperative Care or Post -Hospitalization Housing. Proposals for the establishment of housing -related uses may be subject to a new CUP and legislative actions such as a zone change or a specific plan amendment. (1) 2.4 Pursuant to TCC 9403(h), a Master Sign Plan is required for a single development project of at least thirty thousand (30,000) building square feet or one (1) acre in project size. The applicant shall submit a Master Sign Plan and obtain sign permits prior to signs installation. {***} 2.5 A minimum of 85 parking spaces shall be maintained at all times (90 if Special Treatment Program is established). Any reduction of on -site parking stalls or changes to parking area and/or circulation shall be reviewed and approved by the Community Development Director. (***) 2.6 A designated parking stall shall be provided for intake/discharge purposes within the surface parking lot fronting Yorba Street. The designated parking stall shall be reviewed and approved by the Community Development Director during the Building plan check process. Signage shall be posted identifying the designated parking stall and included in the Master Sign Plan. (***) 2.7 Signage directing visitors to designated visitor parking areas shall be installed on the property and included in the Master Sign Plan. (***) 2.8 If proposed, exterior improvements plans shall be submitted to the Planning division for review and approval prior to permitting through HCAI. New color choices, new exterior treatments, fencing, and any other improvements shall be included in the plan set. Modifications to the exterior of the building may require Design Review (DR). If required, DR may be processed prior to, Docusign Envelope ID: 74749C4C-7024-4F3C-A1 F3-FAFB1 DCABDBC Conditions of Approval Exhibit A CUP 2024-0018 Page 4 concurrently with, or after State or other agency review; however, DR approval shall be required prior to exterior modifications. (***) 2.9 The Skilled Nursing Facility is allowed to operate 24 hours a day, 365 days a year with three shifts and staffing count per shift as shown below: . •.- .. Shift No. of Employees A.M. Hours 7:00 a.m. to 3:00 .m. 35 P.M. Hours 3:00 p.m. to 11:00 .m. 34 Night Hours 11:00 p.m. to 7:00 a.m. 15 w/Securit During Business Hours 8:00 a.m. to 5:00 .m. 19 *Five additional staff members for the AM and PM hours may be added if STP is established (***) 2.10 Emergency room services are not approved at the subject facility. (1) 2.11 All activities shall comply with the City's Noise Ordinance (1) 2.12 No outdoor storage shall be permitted except as approved by the Community Development Director. (***) 2.13 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 costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide 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 operations. B. Provide additional parking. C. Reduce the number of patients and/or employees. Building Division (1) 3.1 OSHPD 2 is the agency responsible for reviewing and approval of the applications for skilled nursing facility and intermediate care facility buildings. The office shall also enforce the Division of the State Architect —Access Compliance regulations and the regulations of the Office of the State Fire Marshal for the above -stated facility type. Docusign Envelope ID: 74749C4C-7024-4F3C-A1 F3-FAFB1 DCABDBC Conditions of Approval Exhibit A CUP 2024-0018 Page 5 A copy of the OSHPD 2 approved plans must be submitted to City of Tustin Community Development Department. Police Department (1) 4.1 Surveillance cameras shall cover the parking lot and other outside areas with 30-day video retention. (1) 4.2 Effective lighting shall be installed in the parking lot to ensure illumination of all areas. (1) 4.3 On -site security shall be employed or contracted and present during business and non -business hours. (1) 4.4 Vehicle gates shall be equipped with emergency systems to allow First Responders to access the facility. (1) 4.5 Posted signs shall be placed at all vehicle entrances/exits stating "No Overnight Parking Violators Will be Towed" in compliance with TCC 5342b(2). (1) 4.6 Posted signs shall be placed at all pedestrian and vehicle entrances stating "No Trespassing" in compliance with TCC 6350c. (1) 4.7 Address numbering shall be large enough to be visible from the street and not obstructed by trees. Public Works Department (1) 5.1 Construction and Demolition (C&D) Waste Recycling and Reduction Plan (WRRP). A. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least sixty-five (65%) percent of the project waste material or the amount required by the California Green Building Standards Code. B. Prior to the issuance of, any building or demolition permit that involves the creation of C&D debris, each applicant for covered projects shall pay to the City an application fee in the amount set forth in a resolution of the City Council sufficient to cover the City's costs of reviewing an application and monitoring compliance with this section and/or the WRRP, or reviewing an application for exemption. Docusign Envelope ID: 74749C4C-7024-4F3C-A1 F3-FAFB1 DCABDBC Conditions of Approval Exhibit A CUP 2024-0018 Page 6 C. Security deposit. In addition to the application fee, each applicant shall deposit with the City a security deposit as security for performance. The security deposit is remitted at the same time the permit application is filed. The security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or two thousand five hundred dollars ($2,500.00), whichever is greater. In no event shall a deposit exceed twenty-five thousand dollars ($25,000.00). The security deposit may be in the form of cash, cashier's check, personal check, money order, or may be applied to a credit card in accordance with standards set by the Finance Department. Orange County Fire Authority (1) 6.1 The applicant shall secure all applicable permits and inspections as mandated by the Office of Statewide Health Planning and Development (OSHPD). Should the proposed scope of work fall outside OSHPD's jurisdiction, the following requirements shall be submitted to the Orange County Fire Authority (OCFA) for review and approval: ■ Architectural Plans; ■ Hazardous materials compliance and chemical classification; ■ Fire sprinkler system; ■ Fire alarm system. FEES (1,5) 7.1 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.