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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. 2 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. 3 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). E 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