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HomeMy WebLinkAboutPC RES 3665!? 20 '13 "5 ~6 RESOLUTION NO. 3665 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 98- 037, AUTHORIZING THE ESTABLISHMENT OF A HEALTH CLUB AT 630 EL CAMINO REAL. The Planning Commission do~es hereby resolve as follows' I. The Planning Commission finds and determines as follows: A. That a proper .application, Conditional Use Permit 98-037, has been fil~d by Bally Total Fitness, requesting authorization to establish a health club at 630 El Camino Real, Tustin. i B. That the prop~osed use is allowed within the Central Commercial (C-2P) District with the approval of a Conditional Use Permit. C. That a public hearing was duly called, noticed and held for said application on April 12, 1999 by the Planning Commission. D, 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: · A parking analysis was conducted by a licensed traffic engineer, which determined that the subject property has an adequate number of conveniently located parking spaces to accommodate the requested use and sufficient parking for all uses within the entire center. , The hours of operation are consistent with the other commercial uses occupying the subject property. g No exterior additions are proposed, so the project will have no effect upon the vehicular .or pedestrian circulation patterns. 2O .3*.7 Exhibit A Resolution No. 3665 CUP 98-037 Page 2 Be Fo 4. Minor exterior modifications proposed, which includes exterior color and new signage, will not affect the .aesthetics of the area in which the use is proposed. That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). That the project has been reviewed for consistency with the Air Qu~ality Sub-element of the City of Tustin General Plan and h':as been determined to be consistent with the Air Quality Sub-element. II. The Planning Commission hereby approves Conditional Use Permit 98-037 authorizing the establishment of a health club at 630 El Camino Real, 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 12th day of April, 1999. /L~=._I~ A. PONTIOUS Chairperson ELIZABETH A. BINSACK Planning Commission Secretary 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 Resoultion No. 3665 was duly passed and adopted at a regular meeting of the Tustin Planr~mmission, held on the 12th day of April, 1999. ELIZABETH A. BINSACK Planning Commission Secretary (1) (1) (1) (1) (1) (1). (1) GENERAL EXHIBIT A CONDITIONAL USE PERMIT 98-037 CONDTIONS OF APPROVAL RESOLUTION NO. 3665 1.1 1.2 The proposed use shall substantially conform with the submitted plans for the project date stamped April 12, 1999 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. 1.3 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. 1.4 The subject project approval shall become null and void unless permits are issued within twelve (12) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Approval of Conditional Use Permit 98-037 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. 1.6 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. · 1.7 Amendments to Conditional Use Permit 98-037 may be considered and approved by the Planning Commission. (1) 1.8 Any violations of the Tustin City Codes or Conditions of Approval of this Conditional Use Permit may be considered grounds for the initiation of proceedings to revoke the Conditional Use Permit. Any Health Code or other violations, as determined by the County of Orange Health Care Agency, may be considered grounds for the initiation of proceedings to revoke the Conditional Use Permit. SOURCE CODES (2) (3) (4) STANDARD CONDITION (5) CEQA MITIGATION (6) UNIFORM BUILDING CODEIS (7) DESIGN REVIEW *~* RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A Resolution No. 3665 CUP 98-037 Page 2 USE RESTRICTIONS (1) 2.2 (1) 2.3 (1) 2.4 (1) 2.5 (1) 2,6 (1) 2.7 (5) 2.8 (1) 2.10 There shall be an owner or manager who is responsible for the operation of the facility on the premises at all times that the facility is open for business. The subject property shall be maintained in a safe, clean and sanitary condition at all times. The child care facility shall only service the patrons of the health club while they are using the facility. All massage therapy and sports care technicians must obtain a license to operate at this facility from the License and Permit Board. A licensed medical doctor shall be on the premises and responsible for all therapy operations during the hours that all massage therapy and sports care therapy is being conducted. If a licensed medical doctor ceases to be responsible for all therapy and present on-site, the owner, manager, or operator shall cease operation of massage services until a Massage Establishment Permit is obtained from the License and Permit Board for the facility. Massage therapy and sports care activities authorized under this Conditional Use Permit shall not commence until the License and Permit Board approves and issues business licenses for individual technicians conducting massage therapy/sports care within the facility. The employees of the facility and all massage therapy/sports care technicians shall operate in strict compliance with the operating conditions imposed by the License and Permit Board and requirements specified in Article 3, Chapter 7, Part 1 of the Tustin City Code, unless more restrictive conditions are imposed by the Planning Commission. All massage therapy/sports care technicians shall have appropriate licensing from the State of California and such licensing shall be cleady displayed on the premises. Massage treatment and/or application of oils, lotions or other related services shall be allowed only in the designated "Sports Care" treatment room. A lighting level equivalent to no less than ten (10) foot-candles shall be maintained in public rooms, walkways and at any point within each room or enclosure where massage therapy/sports care services are performed at all times such services are being provided. A photometric study showing the location, distribution of light of all Exhibit A Resolution No. 3665 CUP 98-037 Page 3 proposed fixtures and details of light fixtures shall be submitted to the Community Development Department for review and approval. 2.11 No person shall enter, be or remain in any part of the facility while in the possession of, consuming or using alcoholic beverages or drugs except as pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, manager or licensees shall not permit any person in violation of this condition to enter or remain upon the premises. (1) 2.12 The owner, operator, responsible managing employee, manager or licensees of the facility shall cooperate fully with all City officials, law enforcement personnel and Code Enforcement officers, and shall not obstruct or impede their entrance into the licensed premises while in the course of their professional duties. (5) 2.13 The hours of operation shall be limited to 5:30 a.m. to 12:00 a.m. Monday through Friday and 8:00 a.m. to 8:00 p.m. Saturday and Sunday. (1) 2.14 All requirements of the City's Noise Ordinance (Chapter 6 of the Tustin City Code) shall be met at all times. (1) 2.15 Public telephones on the property shall be located inside the building and modified to prevent incoming calls. No exterior pay phones are allowed. (1) 2.16 All signs and their supporting structures shall be maintained in good condition, structurally safe, and shall comply with the most current Uniform Building Codes, as locally amended. Faded colors shall be repainted or replaced as deemed necessary by the Community Development Department. PLAN SUBMITTAL (1) 3.1 No change or alteration of the approved floor plan shall occur without prior approval in writing from the Community Development Director. If the Director determines that the scope of the proposed alteration warrants review and approval by the Planning Commission, an application to revise the Conditional Use Permit shall be submitted and a new public hearing shall be conducted prior to authorizing the proposed modifications. (5) 3.2 A final and complete, detailed project sign program including design, location, sizes, colors, and materials shall be submitted for review and approval by the Community Development Department. All proposed colors and materials require review and approval by the Community Development Department pdor to application. Exhibit A Resolution No. 3665 CUP 98-O37 Page 4 (3) 3.3 (4) 3.4 (1) 3.5 (3) 3.6 (3) 3.7 (3) 3.8 (3) 3.9 (3) 3.1'0 (5) 3.11 FEES (1) 4.1 At Building Plan Check, four (4) sets of construction plans, electrical details and structural calculations shall be submitted. The applicant shall obtain all necessary permits from the Building Department prior to construction of any improvements that require'a permit pursuant to the Uniform Building Code and Tustin City Code. All building locking devices added to the premises shall meet those requirements as set forth in the Building Security Code. In compliance with the Uniform Building Code (Application for Permit), the applicant, designer, Architect or Engineer must submit building plans to the Building Division for review and approval prior to the issuance of a building permit. In compliance with the California Code of Regulations, Title 24 Part 2, Accessibility Standards, and prior to the plan check approval, the designer, Architect or Engineer must provide designs for accessibility for the physically challenged to the Building Division for their review and approval prior to the issuance of building permits. In compliance with the Department of Justice (Office of the Attorney General) this condition is for the accessibility for the proposed project, the designer, Architect or Engineers proposed grading plan must comply with the Americans with Disabilities Act (ADA) (Federal Register). Provide project data that includes the type of construction and group of occupancy of the building and whether fully sprinklered or not. Provide and show allowable area analysis of the building based on the type of construction and occupancy group. Indicate on plans location of area and occupancy separation walls if any. Plans shall be submitted to County Environmental Health services and clearances shall be obtained and submitted to the Building Division prior to issuance of a building permit. Prior to issuance of any building permits, payment shall be made of ali applicable fees. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. Exhibit A Resolution No. 3665 CUP 98-037 Page 5 Ao Building plan check and Development Department schedule. permit fees to the Community based on the most .current Bo Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. (1&5) 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 $38.00 (thirty-eight dollars) 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 Califomia Environmental Quality Act could be significantly lengthened.