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HomeMy WebLinkAbout03 CUP 2011-14ITEM # 3 AGENDA REPORT MEETING DATE: SEPTEMBER 13, 2011 TO: PLANNING COMMISSION FROM: ELIZABETH A. BINSACK, DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: CONDITIONAL USE PERMIT 2011-14 TO ESTABLISH AND OPERATE A FITNESS GYM WITHIN AN EXISTING BUILDING LOCATED AT 3053 EDINGER AVENUE AT JAMBOREE PLAZA RECOMMENDATION That the Planning Commission adopt Resolution No. 4179 approving Conditional Use Permit 2011-14 authorizing a fitness gym within an existing building at 3053 Edinger Avenue, subject to conditions of approval. BACKGROUND Site and Location The project site is located on the southeast corner of Edinger Avenue and Jamboree Plaza Drive within the Planned Community Industrial (PC-IND) zoning district and designated as Planned Community Commercial/Business by the City's General Plan (see Location Map). The site is within Jamboree Plaza and is regulated by the Jamboree Plaza Planned Community District Regulations, which allows for a variety of industrial, office, and commercial uses. Jamboree Plaza consists of four separate land use areas that allow for various commercial/industrial activities, some of which include: retail, commercial, office, automotive services, warehousing, and light industrial uses. The existing uses on site include veterinary hospitals, glass company, contractor office, financial institution, computer consultants, and children's fitness gym and party facility. Jamboree Plaza is a triangle shaped commercial/industrial center of approximately 17.5 acres in size and is bounded by Jamboree Road to the east, Edinger Avenue to the south and west, and the Orange County Transportation Authority (OCTA) railway to the north. The Tustin Metrolink Commuter Station lies just to the north of Jamboree Plaza along the railway. Access to the Tustin Metrolink Station is provided through Jamboree Plaza. Planning Commission Report CUP 2011-14 September 13, 2011 Page 2 ~' H W H Edinger Avenue .S/TEE ..~..H ~~ ...... .w.r >.°T ~,lmaorr~ pL.17za - f'1,r1iV,~/r4~"G ~ SfTE PLAN ~~ ~" 4 ~` A17CIIITECTS ORANGE ~, ~~ ;~ .~ g t ~boree Location Map Surrounding uses include similar industrial and commercial business uses located to the north of Jamboree Plaza across the railroad tracks and within the Irvine Industrial Complex. To the south and east of the site across Jamboree Road are newer residential uses that have been developed at Tustin Legacy. Directly across Edinger Avenue to the west of the site is undeveloped land located at Tustin Legacy. This vacant land is proposed for future residential uses. Aerial View Map ~rT6 l ~ .°.:~1 • 1f~S. . ~...:: Planning Commission Report CUP 2011-14 September 13, 2011 Page 3 PROJECT DESCRIPTION The applicant is proposing to establish and operate a fitness gym within an existing building located at 3053 Edinger Avenue within Jamboree Plaza. Although the use is not specifically listed within the Planned Community text of the Jamboree Plaza Planned Community District Regulations, a Use Determination (UD 2005-003) was heard before the Planning Commission for gymnasium and party facility uses. At that time, the Commission determined that the gym use was considered similar and compatible with the surrounding uses subject to the review and approval of a Conditional Use Permit. Therefore, Conditional Use Permit (CUP) 2011-14 is being requested to allow the fitness gym use at the subject site. The proposed fitness gym use for CrossFit Tustin is described as an elite training facility which includes high intensity workouts in under an hour. Classes are instructor-led and peer-driven, providing a mixture of individual coaching and group motivation. Workouts combine elements of boot camp workouts, gymnastics (rings and floor work), Olympic weightlifting, rowing, and running. The proposed use would operate with small groups and one-on-one training at intervals Monday through Friday from 6 A.M. through 8 P.M. and on Saturdays between the hours of 9 A.M. and noon. These hours of operation for the use are consistent with the general business hours of other businesses within the surrounding vicinity. Typical training sessions are for one-on-one fitness training; however, both individual and group activities are proposed and the maximum number of occupants for the proposed fitness gym would include 3 instructors and 27 clients at one time. The unit has 16 parking spaces allocated to the use and is not anticipated to result in negative parking impacts since they offer smaller group classes and the total number of instructors and clients is fixed by the project conditions of approval. Parking would be limited to spaces available on-site. Required parking includes: 1 space for each instructor plus 1 space for each 3 students present at any one time for one-on-one personal fitness and 1 space for each 250 square feet of gross floor area for the office use. The proposed use would not create a noise impact on the surrounding neighborhood since the fitness gym activities would be limited to indoors only and would be subject to the Tustin Noise Ordinance and General Plan Noise Element. Overall, as conditioned, CrossFit Tustin would be compatible with surrounding uses in Jamboree Plaza in that the hours of operation, number of participants, and scope of operations are similar to and compatible with other uses in the center. ENVIRONMENTAL This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Planning Commission Report CUP 2011.-14 September 13, 2011 Page 4 ~~_ Amy Thomas, AICP Senior Planner Attachments: Elizabeth A. Binsack Community Development Director A. Submitted Plans B. Resolution No. 4179 ATTACHMENT A SUBMITTED PLANS Main Gym Open Floor Space T Trainer's 10 t Office 52'a° Owner's tf't" Office t3'tn"~ ~~ Storage t5't^ t~ 9" Bathroom - ' " ~ 11 i I 21 5 - Member's 7t" Lounge 4't" 1 20' 5" Reception tt'a"-• to'7" Area Retail Receptionist Store 12'8"Office t2'S"-~ 1 ~~ ~I i~~ tso~ t0'2" Consultation Office to7" 1 ~,'2" it'7" Personal Training tt7~, Office Office tt'7" Room 20'10"- ( 10'0" - ~ ~- 'a'T' First Floor Second Floor ATTACHMENT 6 RESOLUTION NO. 4179 RESOLUTION NO. 4179 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2011-14, AUTHORIZING THE ESTABLISHMENT OF A FITNESS GYM WITHIN AN EXISTING BUILDING AT 3053 EDINGER AVENUE. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. Proper application for Conditional Use Permit 2011-14 was filed by Tim Brooks requesting authorization to establish a fitness gym (CrossFit Tustin) within an existing building at 3053 Edinger Avenue; 6. The General Plan Planned Community Commercial/Business land use designation provides for a variety of commercial and office uses which could include instructional facilities. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan; C. That the project site is located within the Planned Community Industrial (PC-IND) zoning district within Jamboree Plaza and is regulated by the Jamboree Plaza Planned Community District Regulations, which allows for a variety of industrial, office, and commercial uses. The site is designated as Planned Community Commercial/Business by the City's General Plan; D. That on September 12, 2005, the Planning Commission approved a Use Determination (UD 05-003) for gymnasium uses within the Jamboree Plaza and found that the subject to the review and approval of a Conditional Use Permit; E. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2011-14 on September 13, 2011, by the Planning Commission; F. That the establishment, maintenance, and operation of the proposed use 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 injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 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 fitness gym would be compatible and consistent Planning Commission Resolution No. 4179 CUP 2011-14 Page 2 with the uses in the center and the immediately adjacent buildings which could contain the same use with a conditional use permit. 2) The proposed use is not anticipated to result in parking impacts since 16 parking spaces are allocated to the unit and the total number of instructors and clients is fixed by the project conditions of approval. Parking would be limited to spaces available on-site by requiring 1 space for each instructor plus 1 space for each 3 students present at any one time for one-on-one personal fitness and 1 space for each 250 sq ft of gross floor area for the office use which is the ratio used in the City's parking ordinance. 3) The proposed uses, as conditioned, would not create a noise impact on the surrounding neighborhood since the fitness gym activities would be limited to indoor only and would be subject to the Tustin Noise Ordinance and General Plan Noise Element. 4) The proposed use will not be detrimental to the surrounding properties in that the hours of operation of the instruction would be consistent with the general business hours of other businesses within the surrounding vicinity. G. 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 2011- 14 authorizing a fitness gym within an existing building at 3053 Edinger Avenue, 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 13th day of September, 2011. JEFF THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Planning Commission Resolution No. 4179 CUP 2011-14 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. 4179 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of September, 2011. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 2011-14 3053 EDINGER AVENUE CONDITIONS OF APPROVAL EXHIBIT A CONDITIONAL USE PERMIT 2011-14 3053 EDINGER AVENUE CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 13, 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 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) 1.3 All conditions in this Exhibit shall be complied with prior to the start of classes or as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 2011-14 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 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. Any violation of any of the conditions imposed may be subject to administrative citations pursuant to the Tustin City Code (TCC) 1162(a) and/or other applicable codes, laws, and conditions. SOURCE CODES (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 Conditions of Approval Exhibit A CUP 2011-14 Page 2 (1) 1.6 As a condition of approval of Conditional Use Permit 2011-14 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. (1) 1.7 Conditional Use Permit 2011-14 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. USE RESTRICTIONS *** 2.1 The business owner and/or property owner shall ensure that a minimum of 16 parking spaces are maintained for the fitness gym use. Parking is limited to spaces available on-site at 1 space for each instructor plus 1 space for each 3 students present at any one time for one-on-one personal fitness and 1 space for each 250 square feet of gross floor area for the office use. Modifications to the parking and/or uses require a revised parking summary to be reviewed and approved in writing by the Community Development Department. *** 2.2 No more than 3 instructors and 27 clients are allowed in the tenant space at any given time and office use is considered ancillary. Any change in number of staff or clients requires approval of revised parking summary by the Community Development Department. *** 2.3 The hours of operation for the fitness gym shall be limited to: Monday through Saturday 6:00 a.m. to 8:00 p.m. Sunday Closed Modifications to the hours of operation may be approved by the Director of Community Development if it is determined that no impacts to surrounding tenants or properties will occur. Conditions of Approval Exhibit A CUP 2011-14 Page 3 (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. (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 fitness gym, the Community Development Director may require the applicant to prepare a parking demand analysis, traffic study, or noise analysis and 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 hours of operation. b. Reduce student enrollment. BUILDING (1) 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 Prior to issuance of any building permits, payment shall be made of all applicable fees, including, but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees to the Community Development Department based on the most current schedule. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. (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 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 Conditions of Approval Exhibit A CUP 2011-14 Page 4 environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.