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HomeMy WebLinkAboutPC RES 4081RESOLUTION 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 for 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: 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. Resolution No. 4081 CUP 07-022 Page 2 2. The proposed 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). II. 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. ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, Commission Secretary of the City of Tustin, duly passed and adopted at a regular meeting on the 22nd day of January, 2008. ~~/~~1.~~~~-.~~~ ELIZABETH A. BINSACK Planning Commission Secretary use, as conditioned, ~ r ~ ~ r~ ~; ~~ ~ _ . ~ CHARLES E. PUCKETT Chairperson Pro Tem hereby certify that I am the Planning California; that Resolution No. 4081 was of the Tustin Planning Commission, held 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 I (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS 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 f 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.