RES-10665 Conditional Use Permit 2822-11 ApprovalRESOLUTION NO. 10665
A RESOLUTION OF THE CITY COUNCIL
APPROVING CONDITIONAL USE PERMIT NO.
2822 -11 AND MITIGATED NEGATIVE
DECLARATION NO. 1826 -11 AS RECOMMENDED
FOR APPROVAL BY THE PLANNING
COMMISSION THEREBY ALLOWING A
HELISTOP TO BE LOCATED ON THE SOUTH
TOWER OF THE CHOC CHILDREN'S HOSPITAL
CAMPUS.
APPLICANT: CROC CHILDREN'S HOSPITAL OF ORANGE COUNTY
WHEREAS, Conditional Use Permit No. 2822 -11 and Mitigated Negative
Declaration No. 1826 -11, were filed by the applicant in accordance with the provisions of the
City of Orange Municipal Code requesting approval of the Children's Hospital of Orange
County (CHOC) Helistop on the South Tower; and
WHEREAS, Orange Municipal Code Section 17.24.030 authorizes the Community
Development Director shall have the authority to determine if an unlisted use substantially
conforms to the intent of the subject zone; and
WHEREAS, Orange Municipal Code Section 17.10.030.13 authorizes the City
Council to review and take action on Conditional Use Permits for Heliports; and
WHEREAS, Orange Municipal Code Section 17.08.020 the City Council has the
final project determination on the Conditional Use Permit and Mitigated Negative
Declaration for a Heliport; and
WHEREAS, the application for Conditional Use Permit No. 2822 -11 and Mitigated
Negative Declaration No. 1826 -11 were processed in the time and manner prescribed by
State and local law; and
WHEREAS, pursuant to the authority and criteria contained in the California
Environmental Quality Act (CEQA), the Community Development Director analyzed the
Project and determined that the Project would have potentially significant adverse effects on
the environment without mitigation; and
WHEREAS, Mitigated Negative Declaration (MND) No. 1826 -11 (State
Clearinghouse No. 2011111047) was prepared to evaluate the potential environmental
impacts of the proposed project in accordance with the provisions of CEQA and circulated
for public review for a period of at least 30 days, from November 14, 2011 and ended on
December 13, 2011; and
WHEREAS, the Staff Review Committee (SRC) reviewed the proposal on February
2, 2011 and on May 4, 2011 and provided the applicant comments on the proposal. On
September 21, 2011 the SRC reviewed the proposal and recommended that the project
proceed subject to conditions; and
WHEREAS, on February 22, 2012, the Planning Commission conducted a duly
advertised public hearing, at which time interested persons had an opportunity to testify
either in support of or opposition to the Project; and
WHEREAS, on February 22, 2012, the Planning Commission adopted Resolution
No. PC 10 -12 recommending approval of Conditional Use Permit No. 2822 -11 and Mitigated
Negative Declaration No. 1826 -11 for the CHOC Hospital Helistop on the South Tower; and
WHEREAS, the City Council of the City of Orange conducted a duly advertised
public hearing on June 12, 2012, for Conditional Use Permit No. 2822 -11 and Mitigated
Negative Declaration No. 1826 -11 for the CHOC Hospital Helistop on the South Tower at
which time interested persons had an opportunity to testify either in support of or opposition
to the Project upon property generally described as follows:
SEE ATTACHMENT
NOW, THEREFORE, BE IT RESOLVED that the City Council approves
Conditional Use Permit No. 2822 -11 and Mitigated Negative Declaration No. 1826 -11 for
the CHOC Hospital Helistop on the South Tower.
SECTION 1 — FINDINGS
General Plan Finding
1. The project must be consistent with the goals and policies stated within the City's
General Plan.
The project is consistent with the goals and policies stated within the City's General
Plan in that the project expands and improves the hospital services offered to the City's
residents and the community at large.
Conditional Use Permit Findinzs:
1. A Conditional Use Permit shall be granted upon sound principles of land use and in
response to services required by the community.
The helistop serves as an expansion of the CHOC facilities within the campus. It is the
appropriate use of the land in this area of the City due to the existing concentration of
health care facilities in this area of the City. The CHOC South Tower would become
the primary helistop as it would provide direct access to emergency and other acute
care departments.
2. A Conditional Use Permit shall not be granted if it will cause deterioration of
bordering land uses or create special problems for the area in which it is located.
The expansion of the CHOC facilities was subject to an MND to evaluate the potential
environmental impacts of the proposed project in accordance with the provisions of the
CEQA. The analysis contained in the MND determined that implementation of the
project may result in significant environmental effects to the noise resource without
mitigation. Table H of the MND (Exhibit B) summarizes the project's significant
impact, mitigation measure and level of significance after mitigation. The MND
includes one mitigation measure for maintain an ongoing program with the helicopter
pilots serving the hospital to remind them to configure and fly craft within 1,000 feet of
the hospital to minimize noise to surrounding buildings, which is folded into the
Conditions of Approval that are adopted with the certification of the MND.
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3. A Conditional Use Permit must be considered in relationship to its effect on the
community or neighborhood plan for the area in which it is located.
The helistop expansion at the CHOC facilities is consistent with the City's most recent
comprehensive General Plan update. This area of the City is comprised of a mix of
uses that are primarily health care facility related with support for commercial and
office uses.
4. A Conditional Use Permit, if granted, shall be made subject to those conditions
necessary to preserve the general welfare, not the individual welfare of any particular
applicant.
The project will be subject to standard conditions of approval and one mitigation
measure that was determined as part of the environmental review process for the
expansion of the CHOC helistop.
SECTION 2 — ENVIRONMENTAL REVIEW
MND No. 1826 -11 was prepared to evaluate the potential environmental impacts of the
proposed project in accordance with the provisions of the CEQA. The City invited the public
to comment on the MND. The public review period began on November 14, 2011 and ended
on December 13, 2011. Copies of the document were available for public review at each of
the three libraries within the City, at City Hall, and were posted to the Department's web
page on the City's web site.
Staff received three written comment letters during the public review period, and responses
to those comments were prepared and forwarded to the respective authors of such comments
in accordance with the requirements of CEQA, in advance of the City's consideration of any
determination. A Final MND (Exhibit B) has been prepared in accordance with CEQA
Guidelines.
SECTION 3 — CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed with approval:
1. The project shall conform in substance and be maintained in general conformance with
plans and exhibits date labeled June 12, 2012, including any modifications required by
conditions of approval, and as recommended for approval by the Planning
Commission.
2. Within two (2) days of final approval of this project, the applicant shall deliver to the
Planning Division a cashier's check payable to the Orange County Clerk in an amount
required to fulfill the fee requirements of Fish and Game Code Section 711.4(d)(2) and
the County Administrative fee, to enable the City to file the Notice of Determination
required under Public Resources Code 21152, & Cal Code Regulations 15075.
3. The applicant agrees to indemnify, hold harmless, and defend the City, its officers,
agents and employees from any and all liability or claims that may be brought against
the City arising out of its approval of this permit, save and except that caused by the
City's active negligence. The City shall promptly notify the applicant of any such
claim, action, or proceedings and shall cooperate fully in the defense.
4. The applicant shall comply with all federal, state, and local laws, including all City
regulations. Violation of any of those laws in connection with the use will be cause for
revocation of this permit.
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5. Conditional Use Permit No. 2822 -11 shall become void if not vested within two years
from the date of approval. Time extensions may be granted pursuant to OMC Section
17.08.060.
6. Any modifications to the plans including, but not limited to, the landscaping and
parking as a result of other Department requirements such as Building Codes, water
quality, Fire, or Police shall be submitted for review and approval to the Community
Development Director or designee. Should the modifications be considered
substantial, the modifications shall be reviewed and approved by the Planning
Commission.
7. Any future expansion in area or in the nature and operation of the approved use by
Conditional Use Permit No. 2822 -11 shall require a new or amended application for a
Conditional Use Permit.
8. Building permits shall be obtained for all construction work, as required by the City of
Orange, Community Development Department's Building Division. Failure to obtain
the required building permits may be cause for revocation of this entitlement.
9. These conditions shall be reprinted on the second page of the construction documents
when submitted to the Building Division for the plan check process.
Mitigation Measure
10. NOI: 1 The Project Applicant shall maintain an ongoing program with the helicopter
pilots serving the hospital to remind them to configure and fly the craft when within
1,000 feet of the hospital to minimize blade slap. The program shall be based on the
Fly Neighborly Program provided in the Fly Neighborly Guide, prepared by
Helicopter Association International and provided in Appendix C, Noise Impact
Analysis. The applicant shall submit the plan for ongoing operations of the helistop for
review and approval by the Community Development Department Director or
designee, prior to use of the helistop.
The following code provisions are applicable to this project, and are included for information
only. This is not a complete list of requirements; other code provisions may apply to the
project.
The applicant shall comply with all Federal, State and local laws, including all City
regulations. Violation of any of those laws in connection with the use will be cause for
revocation of this permit.
Prior to the issuance of building permits, the applicant shall pay all applicable
development fees including but not limited to: City sewer connection, Orange County
Sanitation District Connection Fee, Transportation System Improvement Program, Fire
Facility, Police Facility, Park Acquisition, Sanitation District, and School District, as
required.
Construction permits shall be obtained for all construction work, as required by the City
of Orange, Community Development Department's Building Division and Public Works
Grading Division. Failure to obtain the required building permits will be cause for
revocation of this permit.
Prior to building permit issuance, construction plans shall show that all structures shall
comply with the requirements of Municipal Code (Chapter 15.52 Building Security
Standards), which relates to the use of specific hardware, doors, windows, lighting, etc
Ord. No. 7 -79).
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ADOPTED this 12 day of June, 2012
ATT ST:
Mary E. ,City of Oranges
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adopted by the City Council of
the City of Orange at a regular meeting thereof held on the 12 day of June, 2012, by the
following vote:
AYES: COUNCILMEMBERS: Whitaker, Smith, Cavecche, Dumitru
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN (RECUSED): COUNCILMEMBERS: Bilodeau
Mary E. ity Clerk, City f Orange