HomeMy WebLinkAboutCUP 2011-11 EXERCISE STUDIO 631 E. FIRST ST.TUSTIN
Inter-Com
DATE: JULY 11, 2011
TO: ZONING ADMINISTRATOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 2011-11
APPLICANT: AMY STEINER
STEINER STUDIO
17800 MITCHELL NORTH
IRVINE, CA 92614
PROPERTY TUSTIN COURTYARD PROPERTY, LLC
OWNER: C/O ASB PROPERTY MANAGEMENT, INC.
P.O. BOX 1818
MONROVIA, CA 91017
LOCATION: 631 E. 1ST STREET
GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS
ZONING: FIRST STREET SPECIFIC PLAN (SP-10)
BUILDING OUR FUTURE
HONORING OUR PA57
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1)
PURSUANT TO SECTION 15301 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
REQUEST: TO ESTABLISH AND OPERATE AN EXERCISE STUDIO WITHIN
A 1,975 SQUARE-FOOT TENANT SPACE WITHIN THE TUSTIN
COURTYARD SHOPPING CENTER.
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action 11-007 approving
Conditional Use Permit 2011-11 to establish and operate an exercise studio within an
existing tenant space located at 631 E. 1St Street.
BACKGROUND
Location
The applicant proposes to locate the exercise studio within the Tustin Courtyard shopping
center. The Tustin Courtyard is located at the northwest corner of First Street and
Newport Avenue. The Courtyard is located within the First Street Specific Plan (SP10)
zoning designation and designated for commercial as a primary use. The subject property
Zoning Administrator
July 11, 2011
CUR 2011-11
Page 2
has a General Plan Land Use Designation of Planned Community Commercial/Business.
The shopping center has a total tenant space of approximately 155,800 square feet on a
5.7-acre lot. A variety of commercial tenants which include retail, service commercial, and
restaurant uses comprise the Tustin Courtyard. The exercise studio is proposed in an
existing tenant space once occupied by a sandwich shop located in the southwest
corner of the commercial building.
Figure
Adjacent properties along First Street are also located within the First Street Specific Plan
(SP10) and designated for commercial or office uses.
Conditional Use Permit
Martial arts studios were determined to be conditionally permitted uses in the FSSP
commercial as a primary use areas by Use Determination (UD) 99-003, approved by the
adoption of Planning Commission Resolution No. 3703. The Director of Community
Development has determined that exercise studios are a similar use to martial arts
studios and conditionally permitted uses. Tustin City Code Section 9299b3 e
authorizes the Zoning Administrator to review applications for minor conditional use
permits for existing developments.
Zoning Administrator
July 11, 2011
CUP 2011-11
Page 3
DISCUSSION
The proposed exercise studio would be located in a 1,975 square foot tenant space which
was previously occupied by the Quiznos sandwich shop. Proposed tenant improvements
are primarily interior with changes to the exterior limited to door relocations/removal which
would match the existing storefront. The proposed floor plan consists of a
mercantile/lobby area, office, locker room, restrooms and an approximately 1,000 square
feet exercise room (Figure 2). All activities would occur within the building.
rigure
Hours of Operation
The proposed hours of operation and class schedule for the business are from 6:00
a.m. to 8:00 p.m. Monday through Friday, and 8:00 a.m. to 2:00 p.m. on Saturday and
Sunday which are consistent with other uses within the Tustin Courtyard. Staff has
proposed Condition 2.3 which would limit the hours from 6:00 a.m. to 9:00 p.m. daily to
ensure that they remain consistent with other businesses within the shopping center
and do not create a nuisance to surrounding uses and properties.
Parking
The existing 1,975 square foot tenant space was originally developed to accommodate
parking for a retail use (1 parking stall per 222.7 square feet of floor area) and has nine
(9) parking stalls within the center allotted to the tenant space. Use Determination 99-
003 required a parking ratio of one (1) space per each three (3) participants for martial
Zoning Administrator
July 11, 2011
CUP 2011-11
Page 4
arts studios. Exercise studios have been determined to be similar to martial arts studios
and staff believes that the aforementioned parking ratio is appropriate for an exercise
studio. Therefore, the proposed exercise studio will be limited to a maximum of twenty-
five (25) participants, including instructors, staff and students, at any one time.
FINDINGS
In determining whether to approve the Conditional Use Permit for the proposed exercise
studio located at 631 E. 1St Street and within the Tustin Courtyard, the Zoning
Administrator 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 as conditioned may be supported by the following findings:
1. Exercise studios have been determined by the Community Development
Director to be similar to martial arts studios which require approval of a
conditional use permit within the commercial as a primary use designation
of the First Street Specific Plan.
2. As conditioned, sufficient parking for the use is ensured by limiting the
maximum number of participants, including instructors, staff and students,
at the exercise studio at any given time.
3. As conditioned, the exercise studio would generally operate consistent and
compatible with the hours of operation for other commercial uses in the
Tustin Courtyard and the surrounding area.
4. As conditioned, all activities would occur within the building.
Staff recommends that that the Zoning Administrator adopt Zoning Administrator Action
No. 11-007 approving Conditional Use Permit 2011-11 to establish and operate an
exercise studio located within an existing tenant space at 631 E. 1St Street in the Tustin
Courtyard.
Ed a V. Huffer
Associate Planner
Attachments: A. Location Map
B. Submitted Plans
C. Zoning Administrator Action 11-007
ATTACHMENT A
LOCATION MAP
LOCATION MAP
CUP 2011-11:631 E. 1ST STREET
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ATTACHMENT B
SUBMITTED PLANS
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5/26/11
The Bar Method offers a unique exercise class that targets large muscle groups and sculpts the body
more safely and effectively than other workouts of its kind. Each exercise is short and intense using
isometric movements to work muscles to exhaustion and the intense bursts are followed by muscle-
lengthening stretches. The Bar Method works the whole body in one hour and includes exercises that
raise the heart rate, allowing the body to burn more calories and fat.
The Bar Method differs from other exercise programs in that physical therapists have approved every
aspect of the class, ensuring safety in the movements and impressive results. Each Bar Method class
features a series of exercises using small intense movements that work the large muscle groups with a
constant emphasis on the core. The muscles are worked to a point of fatigue, allowing for a quick change
in the body.
Classes at the Bar Method Tustin studio will consist of up to 20 clients, 1 instructor and 1 desk staff.
Classes target girls and women of a wide range of ages. This will be the expansion in Orange County of
the Bar Method franchise location in Newport Coast, and will be one of 40 studios nationwide.
Proposed Schedule and Hours of Operation:
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
6:00 am Mixed Mixed Mixed
Level Level Level
8:00 am Mixed
Level
8:30 am Mixed Mixed Mixed Mixed Mixed Mixed
Level Level Level Level Level Level
9:30 am Mixed
Level
10:00 am Mixed Mixed Mixed Mixed Mixed Mixed
bevel Level Level Level Level Level
11:00 am Mixed
Level
12:30 prn Mixed Mixed Mixed
Level Level Level
5:30 pm Mixed Mixed Mixed Mixed
Level Level Level Level
G:45 pm Mixed Mixed Mixed Mixed
Level Level Level Level
steiner 17800 Mitchell North Irvine, CA 92627 studio: 714.299.5957 fax: 949.387.9896
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May 20, 2011
Mr. Paul Strauss
Project Manager
ASB Property Management
905 Ridgeaide
Monrovia, California 91016
Subject: Parking Summary, Bar Method
Tustin Courtyard, Tustin, California
Dear Mr. Strauss:
30 Executive Park (949) 851-1367
Suite 270 (949) 851-5179
Irvine, CA 92614-4726 vaww.pirradeh.com
Pursuant to your discussions with City staff we are pleased to submit this parking
summary that identifies the current businesses, associated square footage for their
respective uses, and that the required parking is consistent with previous approvals for the
Tustin Courtyard retail center.
Tustin Courtyard is located in the City of Tustin and is bounded by Irvine Boulevard to the
north, Holt Avenue and Newport Avenue to the east, East 1st Street to the south, and an
existing commercial development to the west. Tustin Courtyard is situated on
approximately 11 acres and contains 1b5,856 square feet of retail type uses such as Kohl's,
banking services, Sprouts Farmers Market, and eating establishments. Presently over 95-
percent of the tenant spaces are occupied at Tustin Courtyard, see Table 1.
Table 1
Tustin Courtyard
Address Tenant Square Feet
18182 Irvine Blvd. Kohl's ?4,439
18232 Irvine Blvd. Citibank 4,130
14945 Holt Ave. Sprouts 24,828
14971 Holt Ave. Corn's 5,420
631 Eaet 1st Street Vacant 1,975
63b East 1st Street Sharkey'a 1,100
646 East lat Street Allen James Salon 2,242
651 East 1st Street Pizzelle's Bistro 2,812
671 East lat Street CVS 32,910
701 Eaet let Street Bank of the west 6,000
Total 155,856
Background information from research performed by Chad Ortlieb, Associate Planner, in
December 2003 and contained in staff reports shows that when the Planning Commission
adopted Resolution Number 1528 that approved Use Permit 76-14 that included the Coco's
restaurant site, the center was required to provide a minimum of 700 parking spaces. A
r. ,
Mr. Paul Strauss
Page 2
May 20, 2011
Conditional Use Permit (83-6) was approved in May 1983 that allowed a 2,375 square foot
addition to Mervyn's. The approval required the addition of nine parking spaces that
brought the total required parking to 709 parking spaces. All of the uses within the center,
including restaurants, were considered a retail use and parked at one rate. Tustin
Courtyard was approved with 157,893 square feet of retail use and 709 parking spaces were
required. Thus, the parking rate for Tustin Courtyard was derived by dividing the square
footage (157,893 square feet) by the parking provided (709 parking spaces) that resulted in
one parking space per 222.7 square feet of use. This rate was used for all the uses within
the center. Since the center was constructed in accordance with the original approval,
Tustin Courtyard retains legal non-conforming parking rights except for additional square
footage as described below. In 1994 an application for a Conditional Use Permit was
submitted to amend Use Permit 76-14 for exterior and structural modifications that
included an additional 1,934 square feet in building area. The additional building square
footage was parked at the City's rate specified in the First Street Specific Plan that
required one parking space for each 200 square feet of retail space, which equated to 10
additional parking spaces. This increased the required parking for the center to 719
parking spaces. To ensure that the required number of parking spaces were maintained the
Conditions of Approval, Condition 3.1 in Conditional Use Permit 94-004 required that the
center maintain a minimum of 719 parking spaces. In February 2008 Sprouts Farmers
Market submitted an application to occupy 14945 Holt Avenue (Suite E1). As part of their
application the truck loading area behind the store was modified that eliminated 14
parking spaces. In order to determine the impact the elimination of 14 parking spaces
would have on the Tustin Courtyard a Parking Utilization Study prepared, by Pirzadeh &
Associates, Inc. dated February 27, 2008 was submitted and approved that demonstrated
that there was adequate parking available for the uses within the center. At the time that
the study was performed a parking count was conducted to determine the actual number of
parking spaces available in Tustin Courtyard. A total of 716 parking spaces were counted,
including 19 handicapped parking spaces. With the Sprouts Farmers Market truck loading
dock improvements the parking supply for Tustin Courtyard was reduced to 702 parking
spaces, which are 17 less than the parking that is required for the center per Conditional
Use Permit 94-004. Based on the established parking rate of one parking space per 222.7
square feet of use Tustin Courtyard is required to have 700 parking spaces for the uses,
which are two less than the parking provided, see Table 2.
Table 2
Parking Summary
Square Feet Parking Rate Required Parking Parking
Parking. Provided Surplus/(Def"icit)
166,Sb6 1 apace/222.? SF 700 702 2
It should also be noted that observations made during the study that was performed in
early 2008 showed that the parking areas for Tustin Courtyard are under utilized.
Mr. Paul Strauss
Page 3
May 20, 2011
Based on the above information it would be practical and consistent with past approvals to
use the established parking rate for Tustin Courtyard of one parking space per 222.7
square feet of floor area to calculate the required parking for Bar Method. However, since
Bar Method in not a permitted use and a Conditional Use Permit application is being
submitted the City could require that the proposed use be parked in accordance with the
City's code adopted parking rates for Studios for dance, art, martial arts, or one-on-one
personal fitness. The parking rate for this kind of use is one parking space for each
instructor plus one space for each three students present at any one time. Based on
discussions with Amy Steiner, Project Architect, the use could have one instructor, one staff
person, and a class population of 20 students. Using the City's parking rate the use would
require nine parking agates. In comparison using the approved parking rate for Tustin
Courtyard of one parking space per 222.7 square feet of floor area the 1,975 square foot
vacant tenant space requires nine parking spaces. Therefore, the proposed use would not
affect the parking for Tustin Courtyard.
Please call me if you have any questions regarding the above analysis, or need additional
information.
Sincerely,
,--, ,
~ ;' ~ ~~ ,f
Peter S. Kolibaba
Principal Associate
c: Amy Steiner, Steiner Studio
David Olson, David R. Olson, Architects
PAI 18001(1)-Tuatincourtyard•06202011-PStrauaa-ParkingAnalyais• 1 etsubmittal•Itr.pek
ATTACHMENT C
ZONING ADMINISTRATOR ACTION 11-007
ZONING ADMINISTRATOR ACTION 11-007
CONDITIONAL USE PERMIT 2011-11
631 EAST FIRST STREET
The Zoning Administrator of the City of Tustin does hereby resolve as follows:
I. The Zoning Administrator finds and determines as follows:
A. That a proper application for Conditional Use Permit (CUP) 2011-11 was
filed by Amy Steiner of Bar Method Exercise Studio requesting
authorization to establish an exercise studio in an existing tenant suite at
631 East First Street within the Tustin Courtyard.
B. That the property is zoned First Street Specific Plan (SP10), Commercial
as a primary use and has a land use designation by the General Plan of
Planned Community Commercial/Business. The project is consistent with
the Air Quality Sub-element of the City of Tustin General Plan.
C. That the Planning Commission determined martial arts studios are to be a
conditionally permitted use in the FSSP commercial as a primary use area
through Use Determination (UD) 99-003 and the adoption of Planning
Commission Resolution No. 3703. The Director of Community
Development has determined that exercise studios are similar to martial
arts studios and would also require approval of a conditional use permit.
D. That pursuant to Tustin City Code (TCC) Section 9299b(3)(e), the Zoning
Administrator is authorized to consider requests for minor conditional use
permits_ for existing development where there would be no change of
primary use, no expansion of floor area, and the request does not alter the
original intent of the project/site.
E. That a public hearing was duly called, noticed, and held for Conditional
Use Permit 2011-11 on July 11, 2011, by the Zoning Administrator.
F. That the establishment, maintenance, and operation of the proposed
exercise studio 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 or be injurious or detrimental to the
property and improvements in the neighborhood, or to the general welfare of
the City of Tustin in that:
1) Exercise studios have been determined by the Community
Development Director to be similar to martial arts studios which
require approval of a conditional use permit within the commercial
as a primary use designation of the First Street Specific Plan.
2) As conditioned, sufficient parking for the use is ensured by limiting
the maximum number of participants, including instructors and
students, at the exercise studio at any given time.
Zoning Administrator Action 11-007
CUP 2011-11
July 11, 2011
Page 2
3) As conditioned, the exercise studio would generally operate
consistent and compatible with the hours of operation for other
commercial uses in the Tustin Courtyard and the surrounding area.
4) As conditioned, all activities would occur within the building.
G. This project is Categorically Exempt pursuant to Section 15301 (Class 1 -
Existing Facilities) of Title 14, Chapter 3 of the Guidelines for the
California Environmental Quality Act.
II. The Zoning Administrator hereby approves Conditional Use Permit 2011-11
authorizing the establishment and operation of an exercise studio in a 1,975
square-foot existing tenant suite located at 631 East First Street in the Tustin
Courtyard, subject to conditions attached hereto.
PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular
meeting held on the 11th day of July, 2011.
DANA OGDON
ZONING ADMINISTRATOR
ADRIANNE DILEVA
RECORDING SECRETARY
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ADRIANNE DILEVA, the undersigned, hereby certify that I am the Recording Secretary
of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator
Action No. 11-007 was passed and adopted at a regular meeting of the Tustin Zoning
Administrator, held on the 11th day of July, 2011.
ADRIANNE DILEVA
RECORDING SECRETARY
EXHIBIT A
CONDITIONAL USE PERMIT 2011-11
631 EAST FIRST STREET
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped July 11, 2011, on file with the Community
Development Department, 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 subsequent minor
modifications to plans during plan check if such modifications are
consistent with provisions of the Tustin City Code.
(1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified, subject to review and approval by the Community
Development Department.
(1) 1.3 This approval shall become null and void unless the use is established
within twelve (12) months of the date of this Exhibit. Time extensions may
be granted if a written request is received by the Community Development
Department within thirty (30) days prior to expiration.
(1) 1.4 Approval of Conditional Use Permit 2011-11 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) 1.5 Any violation of any of the conditions imposed is subject to the issuance of
an Administrative Citation pursuant to Tustin City Code Section 1162(a).
(1) 1.6 Conditional Use Permit 2011-11 may be reviewed on an annual basis, or
more often if necessary, by the Community Development Director. The
Community Development Director shall review the use to ascertain
compliance with conditions of approval. If the use is not operated in
accordance with Conditional Use Permit 2011-11, or is found to be a
nuisance or negative impacts are affecting the surrounding tenants or
neighborhood, the Community Development Director shall impose additional
conditions to eliminate the nuisance or negative impacts, or may initiate
proceedings to revoke the Conditional Use Permit.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTIONS
Exhibit A
ZA Action 11-007
CUP 2011-11
Page 2
(1) 1.7 As a condition of approval of Conditional Use Permit 2011-11, 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 the defense of
any such action under this condition.
(1) 1.8 The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorney's fees, subject to the applicable
notice, hearing, and appeal process as established by the City Council by
ordinance.
USE RESTRICTIONS
*** 2.1 The maximum number of persons within the facility shall be limited based
upon the available nine (9) parking spaces allotted to the tenant space, at a
ratio of one (1) parking space per three (3) participants (instructors and
students). The exercise studio will be limited to a maximum of twenty-five
(25) participants, including instructors, staff and students, at any one time.
Any request to increase student and/or instructor numbers shall require the
project proponent to provide property owner permission, a parking summary
of the center showing surplus parking spaces exist, and shall be subject to
the Community Development Director approval.
(1) 2.2 All activities shall be conducted entirely within the building and shall comply
with the City of Tustin Noise Ordinance.
(1) 2.3 The hours of operation may be from 6:00 AM to 9:00 PM daily. Any request
for extension to the hours of operation shall be reviewed by the Community
Development Director and may be considered if no adverse impacts are
anticipated.
(1) 2.4 Each class shall be concluded to provide sufficient time for attendees of the
prior class to vacate the site prior to arrival of attendees of the next class.
Exhibit A
ZA Action 11-007
CUP 2011-11
Page 3
(1) 2.5 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 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 and/or limit hours of operation.
b. Reduce client enrollment.
PLAN SUBMITTAL
(3) 3.1 At the time of building permit application, the plans shall comply with the
2010 Edition State and the City of Tustin adopted codes: California Building
Code, California Electrical Code, California Plumbing Code, City
Ordinances, and State and Federal laws and regulations.
FEES
(1, 5) 4.1 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 the 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.