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Home My WebLink About03 CUP 07-022ITEM #3 Report to the Planning Commission DATE: JANUARY 22, 2008 SUBJECT: CONDITIONAL USE PERMIT 07-022 APPLICANT: JACKIE SEEDERS BUTTERFLY LIFE 11582 NINTH STREET GARDEN GROVE, CA 92840 PROPERTY OWNER: SPE/TUSTIN PROPERTIES LLC C/O KODASH, INC. 3625 DEL AMO BLVD., SUITE 130 TORRANCE, CA 90503 LOCATION: 17251 SEVENTEENTH STREET, SUITE B ZONING: COMMERCIAL GENERAL (C-G) GENERAL PLAN: COMMUNITY COMMERCIAL ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301, CLASS 1 OF TITLE 14, CHAPTER 3 OF THE CALIFORNIA CODE OF REGULATIONS (GUIDELINES FOR THE CALIFORNIA ENVIRONMENTAL QUALITY ACT) REQUEST: AUTHORIZATION TO OPERATE A WOMEN'S WEIGHT LOSS AND FITNESS HEALTH CLUB WITHIN AN EXISTING SHOPPING CENTER TENANT SUITE RECOMMENDATION That the Planning Commission approve Conditional Use Permit 07-022 by adopting Resolution No. 4081. BACKGROUND The applicant is requesting approval of a Conditional Use Permit to establish a women's weight loss and fitness health club in a 2,516 square foot tenant suite within an existing retail commercial center. The property is zoned Commercial General (C-G), where health clubs are permitted with the approval of a Conditional Use Permit. The General Plan land Planning Commission Report CUP 07-022 January 22, 2008 Page 2 use designation is Community Commercial, which consists of a variety of neighborhood and community-oriented retail, professional office, and service-oriented business activities. Site and Surrounding Properties The project site is located at 17251 Seventeenth Street, Suite B, in the French Quarter shopping center near Seventeenth Street and Yorba Street (Attachment A -Location Map). The tenant space is located on the ground floor at the northwest corner of the site, adjacent to Marshall's clothing store. Other uses in the center include a mix of retail, service, and office commercial tenants (Attachment B -Site Plan). Surrounding land uses include single family residential to the north, multiple-family residential and commercial to the east, commercial to the south across Seventeenth Street, and commercial to the west across Carroll Way. Project Description Minor tenant improvements will be necessary to create a small reception/retail area, large exercise area, changing/storage area, and two (2) restrooms (Attachment B -Submitted Plans). The proposed use would operate as a health club that provides a thirty (30) minute fitness program for women on a 15-station strength and cardio circuit. In addition, group exercise classes lasting approximately 30 minutes are delivered via monitors ("Life Vision") and conducted by the facility's instructors. Similar fitness facilities have been approved at 2785 EI Camino Real (CUP 03-017) and 13112 Newport Avenue, Suite A (CUP 02-009). The applicant has indicated that she expects to have 1-2 employees, and 2-15 clients working out at any one time. The hours of operation for the proposed use are as follows: Monday through Thursday 8 a.m. -1 p.m.; 4 p.m. - 8 p.m. Friday 8 a.m. - 1 p.m.; 4 p.m. - 7 p.m. Saturday 8 a.m. -12 p.m. Sunday closed Parking and Traffic Analysis There are currently 382 parking spaces provided on-site at the French Quarter shopping center. Based on the existing parking, the 2,516 square foot tenant space, at a ratio of 1 space/200 square feet, is required to provide 13 parking spaces (Attachment C -Parking Summary). Off-street parking requirements have been calculated using the following ratios: one (1) space per instructor or staff member and one (1) space per three (3) clients. The permitted occupancy of the business has been determined based on the amount of available parking. Based on the provided on-site parking (13 spaces designated for this unit), this would allow for a total occupancy at any given time of: Planning Commission Report CUP 07-022 January 22, 2008 Page 3 • 2 instructors/staff AND 33 clients; OR • 3 instructors/staff AND 30 clients; OR • A combination thereof using the above ratios. Proposed Condition 2.1 of Resolution No. 4081 specifies the maximum number of clients and employees permitted on-site at any given time. The Engineering Division has reviewed the proposed project and determined the use to be typical for a shopping center development. The traffic generation associated with the proposed use is not anticipated to be significant. If in the future the City determines that a parking or traffic problem exists, proposed Condition 2.6 requires the applicant to provide mitigation measures approved by the Community Development Department. ANALYSIS In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: 1) The proposed use, as conditioned, would not be detrimental to surrounding properties in that the hours of operation, number of participants, and scope of operations for the proposed health club would be compatible and consistent with the other commercial/service retail uses in the center. 2) The proposed use, as conditioned, would not be detrimental to surrounding tenants or properties, since the maximum number of clients and staff members would be limited by the thirteen (13) allocated parking spaces ensuring that sufficient parking would be available for existing and proposed uses. In addition, the use will not generate significant traffic and the existing roadway system can accommodate the existing and proposed uses. 3) The proposed use, as conditioned, will not be detrimental to the property and surroundings or the general welfare of the City in that no exterior improvements to the building or property are proposed. Reina Kapadia Assistant Planner Elizabeth Binsack Director of Community Development Planning Commission Report CUP 07-022 January 22, 2008 Page 4 Attachments: A. Location Map B. Submitted Plans C. Parking Summary D. Resolution No. 4081 S:1Cdd\PCREPORT\2008\CUP 07-023 (Womens fitness).doc Attachment A Location Map I I =~ 1`r - 7i ~U raven J~S S S ; i __ I ~~ ~ ~ ~~ ~ ~, 4 r ' ~ iii Il. '1%~f' e°~ I ~L1L1L1L ~ a : ~~\\~a~~. ~ ' ~,\ ;~ ~xR.~ .. ~ ~ s~ l~ x 1 : ~;y%= S': ~prcwiA :5 '~. yc~~„ ~ !/ ~ _ _ ~e~" -e - `~` ~ RF ~ %' ~: ~.a , ~ ~~ >, ~/, f klz isrtw r -~~ C, '. 'lf _ _ ~ i :;ice ~V ~ "~ .+ 'I ~;~~ (; ~ .% ~ /}' .t~// J~(/(~ ~~~ '° ~/ ~`~~SS1~ ~~. -~r . ~~~ ~' ~ _ ~ ._ ~~ ///~~/ `~ /~ f ~~ ~ \ '(i \~ o, ~~ ; \~°~ , ,,, - ~ ~~_ '~, ~ I" ~' ~~- ~, ii ,; ..., ~ ~,~0~~ \~~~., LOCATION MAP ~~~~ %~ PROJECT NO.: CUP 07-022 `~~.~i`rX~ _ `"E~ENo ~.'~N _._.. merw arv urn nn ~AP -crrr~~ure Wnrn~ ~ ADDRESS: 17251-B 17~' St. j>~o°~ Attachment B Submitted Plans ir- r e~~!!c,^~ o~., a oMCsooO ~aoctervsroooOO ~ •- ~~ ~ O ~ O O Kb ~;o•a ~~ V1 N ~'Y O ch W 00 OQ GQ O .-- O O tti in vi tL5 lt3 00 N O ut N Ot ' ~!~ q b, aqe ., ai .°' N Uj O + N v5 tty u7 u5 N v7 C3 O CT N ! rv : N' N Op ~p •- e- •-- M •- •= •- •= *' n'S e- ~ (rn 6 4- I 4 ~ M ~ ~ A ~ ~ ~" i ~,._~ N I ~' ~ ~ tU ! O" v ~- N ~ { V Y ~, r v w Few ~ a' a 'C ° m .~ '~+ '~+ ~ n~ a- Z .~ i `n '~ ~ ~ w` ~ o ~r~ L , ~ Y ~ c ~ Ct O . _ of .'-' - .~ ' v '^ .G L ~ [a ~Im : C C .`te ~ ~~ m v ( ~ ~ O ~ ~ J E m 2 ~ is ,, P ~ RI .i7 Ot N :,c Y O ~ O O _ ~ a. 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Cardio 0' Attachment C Parking Summary "'~ U dated 4/25/07 USTIN'S FRENCH QUARTER BUILDING USE AND PARKING SUMMARY ADDRESS BUSINESS NAME BUSINESS USE GROSS SF PARKING PARKING RATIO REQUIRED 17245 Starbucks Coffee 1 520 SF !1000 8 17245-A avant Restaurant 139 seats 1 s /3 seats 58 17245-B Cin ular Wireless Cell Phones 2,275 SF 5/1000 11 17251 scant Office 2 500 SF /1000 10 17251-B avant Retail 2 516 SF 511000 13 17251-D Nutrition Plus Office 2 600 SF /1000 10 17261 arshalls Retail 32 504 SF /1000 163 17265 Home Fumishin s Retail 8,243 SF /1000 41 17291 uesda Momin Retail 6,000 SF /1000 30 17295 ET Beau Su I Retail 1 500 SF /1000 8 17301 Ro al Tustin Cleaners D Cleaners 1 260 SF /1000 6 17311 ink Ph sisal edical 900 SF /1000 4 17321 hink Ph sisal edical 1 916 SF /1000 7 17331 Studio 17 Beau 3 240 SF /1000 16 17351 Dream Dinners Retail 1 584 SF /1000 8 17361 ae Bo artial Arts 3 168 SF 1 s /3std * 8 24 students 17381 New Smile Dentist Dentist 1,584 SF 8 17385 M Picture Framin Retail 1 200 SF /1000 5 17391 Lam ost Pizza Restaurant 116 seats 1 s /3 seats 38 17395-A n Salon Beau 1,000 SF /1000 5 17395-B Subwa Sandwich Sho 10 seats 1 s /3 seats 3 17395-C Booster Juice Retail 950 SF /1000 5 17395-D avant Office 1 974 SF /1000 g 17395-F State Farm Insurance Office 1000 SF /1000 4 17395-G ro ical Blossoms Kiosk 24 SF 1 Pk Provided Pk re d OTALS 382 368 er CUP reduction e DR-96-001 maximum number of stud ents for Tae Bo = 48 884 SF 4/1000 = 4 s aces 700 SF 6/1000 = 4 s aces &8S:LeasinglTustinlParking Summary 10/18/2007 Attachment D Resolution No. 4081 RESOLUTION NO. 4081 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 07-022, AUTHORIZING THE ESTABLISHMENT OF A WOMEN'S WEIGHT LOSS AND FITNESS HEALTH CLUB WITHIN A 2,516 SQUARE FOOT TENANT SPACE LOCATED AT 17251 SEVENTEENTH STREET, SUITE B. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit 07-022, has been filed by Jackie Selders of Butterfly Life requesting authorization to establish a women's weight loss and fitness health club in a 2,516 square foot tenant space at 17251 Seventeenth St., Suite B, within the Tustin French Quarter shopping center. B. That the proposed use is allowed within the Commercial General (C-G) zoning district with the approval of a Conditional Use Permit. C. That the proposed use is consistent with the General Plan land use designation Community Commercial which provides far a variety of retail, professional office, and service-oriented business activities. 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. D. That a public hearing was duly called, noticed, and held for said application on January 22, 2008, by the Planning Commission. E. That the establishment, maintenance, and operation of the use applied for 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 a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: Resolution No. 4081 CUP 07-022 Page 2 1. The proposed use, as conditioned, would not be detrimental to surrounding properties in that the hours of operation, number of participants, and scope of operations for the proposed health club would be consistent and compatible with the retail uses in the center and nearby residential properties. 2. The proposed use, as conditioned, would not be detrimental to surrounding tenants or properties since the maximum number of clients and staff members would be limited by the thirteen (13) allocated parking spaces, ensuring that sufficient parking would be available for existing and proposed uses. In addition, the use will not generate significant traffic and the existing roadway system can accommodate the existing and proposed uses. 3. The proposed use, as conditioned, will not be detrimental to property and improvements or the general welfare of the City in that no exterior improvements to the building or property are proposed. 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). I1. The Planning Commission hereby approves Conditional Use Permit 07-022 authorizing establishment of a women's weight loss and fitness health club in a 2,516 square foot tenant space located at 17251 Seventeenth St., Suite B, 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 22nd day of January, 2008. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4081 CUP 07-022 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4081 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of January, 2008. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 07-022 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped on the date of approval on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Approval of Conditional Use Permit 07-022 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 Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.4 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. (1) 1.5 As a condition of approval of Conditional Use permit 07-022, 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 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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Resolution No. 4081 CUP 07-022 Page 2 (1) 1.6 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. USE RESTRICTIONS *'"` 2.1 The maximum number of staff/instructors and clients within the facility at any given time shall be as follows: • 2 instructors/staff AND 33 clients; OR • 3 instructors/staff AND 30 clients; OR • A combination thereof using the ratio of 1 space per staff member or instructor and 1 space per 3 clients. Any request to modify the maximum number of students and/or instructors shall require the applicant to provide property owner permission, a parking summary of the site showing the additional parking spaces, and shall be subject to the Community Development Director approval. ~`~`* 2.2 Hours of operation shall be limited to: Monday through Thursday Friday Saturday Sunday 8 a.m. -1 p.m.; 4 p.m. - 8 p.m. 8 a.m. - 1 p.m.; 4 p.m. - 7 p.m. 8 a.m. - 12 p.m. closed Modifications to the hours of operation may be approved by the Director of Community Development if it is determined that no impacts to the surrounding tenants or properties will occur. (1) 2.3 The subject property shall be maintained in a safe, clean, and sanitary condition at all times. The applicant is responsible for collection of any trash associated with the health club or its participants. (1) 2.4 All activities shall comply with the City of Tustin Noise Ordinance. (1) 2.5 No loitering in the parking area or walkways is allowed in association with the use. (1) 2.6 If in the future the City determines 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 may require the applicant to prepare a parking demand analysis, traffic study, or noise analysis for which the applicant shall bear all associated costs. If said study indicates that there is inadequate Exhibit A Resolution No. 4081 CUP 07-022 Page 3 parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a. Adjust hours of operation. b. Reduce client enrollment. (1) 2.7 No change or alteration of the tenant space shall occur without prior approval of the Community Development Director. Major modifications to the floor area, services, and/or operation of the business may require consideration of a new Conditional Use Permit by the Planning Commission as determined by the Director of Community Development. PLAN SUBMITTAL (1) 3.1 At the time of building permit application, the plans shall comply with the 2007 California Building Code (CBC), 2007 California Mechanical Code (CMC), 2007 California Plumbing Codes (CPC), 2007 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2007 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. (1) 3.2 Building plan check submittal shall include the following: • Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. • Two (2) copies of structural calculations. • Two (2) copies of Title 24 energy calculations. (1) 3.3 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2007 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. (1) 3.4 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities and shall be shown on the plans. (1) 3.5 Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) Exhibit A Resolution No. 4081 CUP 07-022 Page 4 accessible space shall be van accessible served by a minimum 96 inch wide loading area. (1) 3.6 Prior to issuance of a demolition, precise/rough grading, and/or building permit with valuation of $50,000 or greater, the applicant shall submit for approval by the City of Tustin, Construction & Demolition (C&D) debris collection, disposal, and diversion information on the City-prescribed forms. At least 50 percent of the construction debris shall be diverted from landfill to the recycling plants. A security deposit in the amount of $50 per ton (not to exceed $5,000 per project) for a C&D security deposit will be collected prior to issuance the permit. Prior to final inspection, the applicant shall submit to the City of Tustin documents (i.e. receipt from vendor) showing actual weight or volume of each material of C&D diverted to the recycling center. For any questions or concerns, please contact Joe Meyers, Administrative Services Manager at (714) 573-3173. (City Ordinance 1281) FEES (1)(5) 4.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building Plan Check and Permit Fees • Orange County Fire Authority Fees (2) 4.2 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 that 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.