RES-9016 Granting Conditional Use Permit No. 2197-97RESOLUTION NO. 9016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE UPHOLDING THE RECOMMENDATION
OF THE PLANNING COMMISSION OF THE CITY OF
ORANGE AND GRANTING A CONDITIONAL USE
PERMIT TO ALLOW THE CONSTRUCTION AND
OPERATION OF AN ACUTE CARE HOSPITAL AND TO
ALLOW SHARED USE OF PARKING UPON PROPERTY
LOCATED ON THE EAST SIDE OF TUSTIN STREET,
400 FEET SOUTH OF PALMYRA AVENUE, ADDRESSED
AS 395 SOUTH TUSTIN STREET,
Conditional Use Permit No. 2197-
97 Applicant: Chatham Health,
LLC
RECITALS:After report thereon by the Planning Commission and after due public hearing as
required by law, and after receiving a recommendation from the Planning Commission,
recommending,by Resolution No. PC 59-97, that a conditional use permit to allow the
construction and operation of an acute care hospital and to allow shared use of parking upon property
situated on the east side of Tustin Street, 400 feet south of Palmyra Avenue, addressed as 395
South Tustin Street, be approved, the City Council considered said recommendation in conjunction
with Zone Change 1193-97 and the testimony received at said public hearing and
determined that the recommendation of the Planning Commission should be upheld and Conditional
Use Permit No.2197,
97 be granted.Subject property is more particularly
described as follows:THAT PORTION OF LOT 5 IN BLOCK C OF THE A.
B. CHAPMAN TRACT,AS PER MAP RECORDED IN BOOK 102,
PAGE 15, MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF
ORANGE,
DESCRIBED AS FOLLOWS:BEGINNING AT THE NORTHWEST CORNER OF LAND
DESCRIBED IN A DEED TO MYRTLE R. JOHNSTON, RECORDED JUNE 16,
1941, IN BOOK 1096, PAGE 348, OFFICIAL RECORDS, SAID POINT
BEING ON THE WESTERLY LINE OF SAID LOT 5 AND DISTANT SOUTH
0013' 15" EAST 330.66 FEET FROM THE INTERSECTION OF
SAID WESTERLY LINE WITH THE CENTER LINE OF PALMYRA AVENUE, AS
SHOWN ON A MAP OF TRACT NO. 3163, RECORDED IN BOOK
95, PAGE 21,MISCELLANEOUS MAPS, RECORDS OF
SAID ORANGE COUNTY;THENCE NORTH 890 52' 53" EAST 283.50 FEET
CORNER OF SAID LAND OF MYRTLE R. JOHNSTON; THENCE SOUTH 00
03' 15" EAST 226.01 FEET TO THE SOUTHEAST CORNER OF LAND
DESCRIBED IN A DEED TO MYRTLE R. JOHNSTON, RECORDED
DECEMBER 14, 1944, IN BOOK 1295, PAGE 99, OFFICIAL RECORDS;
THENCE SOUTH 890 53' 00" WEST 233.50 FEET TO THE SOUTHWEST
CORNER OF SAID LAND OF MYRTLE R. JOHNSTON LAST ABOVE
DESCRIBED; THENCE NORTH 00 3' 15" WEST 67.40 FEET PARALLEL
WITH THE WESTERLY LINE OF SAID LOT 5 TO THE SOUTHERLY LINE
OF SAID LAND OF MYRTLE R. JOHNSTON FIRST ABOVE DESCRIBED;
THENCE SOUTH 890 53' 00" WEST 50.00 FEET ALONG SAID SOUTHERLY
LINE TO THE WESTERLY LINE OF SAID LOT 5; THENCE NORTH 00 03'
15" WEST 158.60 FEET TO THE POINT OF BEGINNING.
EXCEPT THE SOUTH 46.00 FEET OF THE EAST 233.50 FEET THEREOF.
Upon the public hearing before the City Council, the following facts were established:
1. The applicant, Chatham Health, LLC, is in the process of purchasing the above-
described property on which it plans to build a 24-bed acute care facility of
approximately 17,000 square
feet.2. As part of the project, applicant plans to demolish two smaller buildings on
the property, reconstruct a new entry drive, and pave two new parking lots. In addition,
applicant plans to subdivide 4.6 acres into 3
parcels.3. There will be shared parking use among the new
parcels.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange that Conditional Use Permit No. 2197-97 be granted for the
following reasons:1. The project is approved based upon sound principles of land use and in
response to serviees required by
the community.2. The project will not cause deterioration of bordering land uses or create
special problems for the area in which it
is located.3. The project has been considered in relationship to its effect on the
community or neighborhood plan for the area in which it is located and no negative effect has
been found.4. The project is approved subject to conditions necessary to preserve the
general welfare and not the applicant's
individual welfare.Reso No.
BE IT FURTHER RESOLVED that the following conditions of approval are imposed:
1. Development shall be in substantial compliance with plans approved by the Planning
Commission and City Council, and on file with the Department of Community
Development.
2. Prior to recordation of Parcel Map 97-185, the Design Review Board shall review
and approve final plans for landscaping, building elevations, signing, and perimeter
walls The DRB's final review shall include the
following:a. A landscaping and irrigation plan for the church's new parking lot and native
plant material along Santiago
Creek.b. The final building elevations are to be accompanied by color board and
material
samples.c. Roof mounted mechanical equipment is to be screened from public
view.d. The final site plan shall include details regarding the proposed retaining wall near
the Santiago Creek
channel.e. Signing for both the applicant's facility and the church shall be reviewed
under separate
submittal.3. Within two (2) days of final approval of this project, the applicant shall deliver to
the Planning Division a cashiers check made payable to the Orange County Clerk, in
the amount of $38.00 to fulfill the fee requirement of Fish and Game Code
Section 711.4(d)(2) and the County administrative fee, enabling the City to file the Notice
of Determination that is required under Public Resources Code 21152 14 Cal.
Code Regulations 15075. If the applicant has not delivered the required fee within that
two-day period, approval for the proj ect granted herein shall
be void.4. The Planning Commission, as a modification to this conditional use permit,
shall review any change to the proposed acute
care use.5. The applicant agrees to indemnify, hold harmless, and defend the City, its
officers, agents and employees from any and all liability to 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.6. The applicant shall comply with all federal, state and local laws. Violation of
any of those laws in connection with the use will be cause for revocation of
this permit.The following conditions shall be complied with to the satisfaction of the
City of Orange's Department of
Public Works.6. A final parcel map shall be recorded within 24 months after approval of
tentative and prior to the sale or lease of
any parcels.3 Reso
7. Monuments shall be set based on a field survey,
S, Reciprocal vehicle ingress/egress, utility, and drainage easements between parcels shall
be recorded prior to the transfer of title of any parcel.
9. A non-limiting reciprocal parking easement between parcels shall be recorded prior
to transfer oftitle of any
parcel.10. Separate utility connections for each parcel shall be
provided.II. Applicant shall process a Letter of Map Amendment (LOMA) for Flood Insurance
Rate map (06022S0022F) from the Federal Emergency Management Agency (
FEMA).12. Bank protection improvements shall be constructed along Santiago Creek to a
100-year Storm level. Improvements to be designed and constructed as approved by the
County
of Orange.13. An on-site dedicated water line shall be installed as designed by
the Water Department.14. A 15' wide easement shall be dedicated to include a water main,
meters, detector checks,
and fire hydrants,15. Each building shall be metered separately unless otheIWise approved
by
the Water Manager.16. Each building shall be protected with separate fire services (
detector check) unless otheIWise approved by
the Water Department.17. The developer shall satisfY all water main connection, plan check,
and inspection charges as determined by
the Water Department.IS. The developer shall submit a cost of construction statement for
City dedicated water facilities to
the Water Department.19. Prior to recordation of the parcel, the site plan shall be revised to not have
any curbing or fountains in the middle of the turnaround in front of
the proposed structure.The following Code provisions are applicable to this project and
are included for infonnation only. This is not a complete list of requirements, and other
Code provisions may apply
to the project.Prior to issuance of building permits, the applicant shall pay
all applicable development fees, including but not limited to: Transportation System
Improvement Program, Fire Facility, Police Facility, Park Acquisition, Sanitation District,
School District, and Eastern Foothill Transportation
Corridor, as required,Reso
When buildings exceed 5,000 square feet, an approved fire sprinkle system must be
installed throughout the building per OMC 15.32.070 Section 1001.10. The system shall
be designed per N.F.P.A. 13R, N.F.P.A., U.B.e. Chapter 9, U.B.C. Standards 9-1 and
9-2. The sprinkle system requires 24-hour supervision when 100 or more fire
sprinklers are installed per building. Plans shall be submitted prior to building
permit issuance.The Fire Department connection shall not be affixed to the building.
The Fire Department connection must be located least 40 feet away from the building,
within 40 feet of a fire hydrant and on the address side of the building, unless
otherwise determined by the fire department. The hydrant shall be located on the same side of the streets
as the fire department connection. Three sets of plans shall be submitted to
the Building Division for Fire Department review
and approval.Two on-site fire hydrants and mains capable of supplying the required fire
flow shall be provided. The hydrant model and on-site location shall be
approved by the Fire Department and have a three foot minimum clearance around
the circumference of the fire hydrant. The on-site hydrants shall not be controlled by the control
valve (P.1.Y.) for the sprinkler system so that water flow to the hydrants
is not impaired should the sprinkler system be shutdown for any reason (U.F.C. Sections 903
and 1001.7). The Fire Department connection shall not pressurize a hydrant.
Three sets of plans and calculations shall be submitted to the Building Division
for
Fire Department review and approval.Prior to issuance of a fire service (detector check),
the required water supplies for hydrants shall be determined and the water supplies shall
be
approved by the Fire Department.Every building shall be accessible to Fire Department apparatus
by an access roadway of not less than 20 feet of unobstructed width having a minimum of
13 feet 6 inches of vertical clearance. The access roadway shall be extended to
within 150 feet of all portions of the exterior walls of the first story of any building. (U.
F.e. Section 10.207)All streets less than 36 feet wide shall be marked and signed as
a fire lane. The marking and signage shall be provided and installed per the City
of Orange
Fire Departments Fire Lane Standards.The Fire Department access roadway shall be an all
weather driving surface capable of supporting the imposed loads of fire apparatus, 40,000 pounds
and shall not exceed the angle of departure for fire apparatus on any slope. D.
F.C. 10.201 14 The Fire Department access roadway shall be provided
with adequate turning radius for Fire Department apparatus. (A 40 foot outside and 20 foot inside
radius.) D.F.C.
Section 902.2.2.
Plans shall be submitted to the Office of Statewide Health Planning and Development
OSHPD) for review and approval.
All structures shall comply with the requirements of Municipal Code - Chapter 15.52 Building
Security Standards), which relates to hardware, doors, windows, lighting,etc.... (
Ord.
7-79). Approved structural drawings shall include sections of the security
code that apply, Specifications, details, or security notes may be used to convey the
compliance.
A fencing plan shall be submitted, to be approved by the Crime Prevention Bureau prior
to issuance of building permits. Fencing shall be a minimum height of 6 feet above
finished grade and shall be of a non-climbable design, Fencing around the
internal common recreation areas shall be a see,through
design.An illuminated address of 4 inches in height is required upon each structure (Ord.
7-79).A second address number will be required for lots that do not permit visibility
of the primary number. Secondary numbers shall meet the requirements of
primary residential address numbers per Ordinance (7-79). Address location to be
approved by
Crime Prevention Bureau.All landscaping shall be maintained so that it does not interfere
with the required addressing or areas that are required
to be illuminated.Project approval expires automatically if it is abandoned or inactive for a
period of 24 months from the date of approval. An extension of time may be permitted
upon a written request, if received before
the expiration deadline.Adopted the 22nd day
of
September, 1998.ATTEST:
CA44/U~~ W-h2MX City Clerk
oft ity of Orange
I 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 22nd day of September,
1998, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
MEB
7 Reso No. 9016