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HomeMy WebLinkAbout03 CUP 02-009Report to the ITEM # 3 Planning Commission DATE: JUNE 10, 2002 SUBJECT: CONDITIONAL USE PERMIT 02-009 APPLICANT: DANIEL AND SARA FERRY CURVES FOR WOMEN FITNESS & WEIGHT LOSS i3112 NEWPORT AVENUE, SUITE A TUSTIN, CA 92780 PROPERTY OWNER: INTERSTATE PROPERTIES ASSOCIATES 249 EAST OCEAN BOULEVARD, SUITE 7i 0 LONG BEACH, CA 90802 ATTN: SUSAN MONTGOMERY LOCATION: 13112 NEWPORT AVENUE, SUITE A ZONING: PLANNED COMMUNITY COMMERCIAL (PC-C) 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 HEALTH CLUB RECOMMENDATION That the Planning Commission approve Conditional Use Permit 02-009 by adopting Resolution No. 3832. BACKGROUND/DISCUSSION The applicant is requesting approval of a Conditional Use Permit to establish a 1,227 square foot women's health club within an existing commercial center. Site and Surrounding Properties The project site is located at 13112 Newport Avenue, Suite A, in the Packers Square Center (southeast corner of Newport Avenue and Irvine Boulevard). Other tenants within Packers Square include Ruby's Restaurant, beauty salon, dry cleaners, and medical and Planning Commission Repod CUP 02-009 June10,2002 Page 2 professional office uses (Attachment A - Location Map). The applicant proposes no interior or exterior tenant improvements to the existing suite. The property is zoned Planned Community Commercial (PC-C) in which health clubs are permitted with the approval of a Conditional Use Permit. Surrounding uses consist of a retail commercial center to the west side of Newport Avenue and immediately to the north and northeast and residential uses to the east and south. Project Description The suite is currently divided into five (5) areas (Attachment B - Submitted Plans).The proposed use would operate as a health club that provides a thirty (30) minute fitness program for women via aerobic and hydraulic resistance strength training machines. The fitness program is conducted in a group as identified in Attachment B, and is coordinated by an instructor or pre-recorded instructions that guide the participants to change activity every thirty-five (35) seconds. The facility is intended for women only and encourages the members to not bring children to the facility. Based upon the size of the tenant space, and the size of the workout area, the maximum number of clients would be limited to fifteen (15) women in the facility at any given time. Initially there will only be one (1) employee; however, the maximum number may be three (3) employees. As a result, Condition 2.2 has been included to limit the total number of clients and employees. The initial hours of operation for the proposed use are as follows: Monday through Friday 9:00 a.m. to 12:00 p.m. and 3:00 p.m. to 7:00 p.m. The applicant indicates that if an increase in the total number of clients were to warrant adding additional class times, the hours would be extended as follows and identified in Condition 2.3: Sunday through Saturday 6:00 a.m. to 10:00 p.m. Parkin.q Availability Staff confirmed that there are two hundred and eighty (280) on-site parking spaces within the Packers Square Center and twenty-two (22) on-street parking spaces on Packers Circle for the use of tenants at Packers Square. Pursuant to Resolution No. 1769 approving Tentative Tract Map 10495, on-street parking was allowed with recordation of permanent access and parking easements for the four (4) lots that comprise Packers Square (Attachment C - Parking Summary). The proposed use would require eight (8) parking spaces, or one (1) space for every three (3) clients and one (1) for each instructor. Since the existing and proposed uses in Packers Square Center require allocation of two hundred and ninety-seven (297) parking spaces and three hundred and two (302) are provided, sufficient parking is available. The Engineering Division reviewed the traffic generation associated with the proposed use and the other existing uses, including the assembly use in Suite I (Miss Jodi's Learning Center), and determined that the combined potential traffic impacts of the proposed and existing uses will not be significant, and the surrounding roadway system can accommodate the increase in traffic. Conditions 2.1 and Planning Commission Repod CUP 02-009 June 10, 2002 Page 3 2.2 are included to ensure that the maximum number of clients and staff is limited to the available parking spaces. With adherence to this condition, no parking or traffic impacts other than what is typically associated with a small retail business are anticipated. If in the future the City determines that a parking or traffic problem exists, Condition 2.7 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 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 to the eight (8) allocated parking spaces, 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. Matt West Assistant Planner Karen Peterson Senior Planner Attachments: B. C. D. Location Map Submitted Plans Parking Summary Resolution No. 3832 Cdd:~mw~cup\tcup02-009 ATTACHMENT A LOCATION MAP LOCATION MAP PROJECT NO. ADDRESS CUP 02-009 13112 Newport Avenue Suite A "Curves For Women" ATTACHMENT B SUBMITTED PLANS Curves will have access to the'hightlighted parking spaces noted on the map. There are ~ s_~. There is an additional 10 spaces from the required spaces which makes this possible. See the attached parking break down. ~'' ~,Y ~: 2 2002 £9 - ~oi Proposal for ;Issuance of Tustin Conditional Use Permit Proposed By Daniel and Sara Ferry 240 E. Everett Place Orange, CA 92867 (714) 744-3660 dbCdbferry.net Daniel Ferry has recently purchased the franchise territory rights for Curves for Women® for the City of Tustin, California. Where Packers Square 13112 Newport Avenue, Unit A Tutstin, CA 92780 Timetable A lease has already been signed for the above property. business in mid .~une of 2002. We plan to open the ] Objective We propose to operate a local franchise of Curves for Women® in Packers Square in the City of Tustin. Curves for Women® is the first business to offer 30 minute fitness and weight loss facilities designed for women! We are now the largest fitness center franchise in the World and the force in providing women affordable, one stop fitness and nutritional guidance! Curves for Women® is an amazingly successful company with over 2500 franchise locations in the United States, Canada, and Spain. Tt was recently ranked #! Top New Franchise by Entrepreneur Magazine and #3 in their 2002 Franchise 500 listing of the 500 best franchises to acquire. That number 3 ranking bested 477 of the best known franchises in the world including McDonald's, 7-Eleven, RE/F4AX, RadioShack, Taco Bell, ]iffy Lube, etc. This can be verified at www.entrepreneur.com. Curves for Women® has enjoyed so much success because they offer customers real value, real service, and real long-term accomplishment in their fitness and weight loss goals. Almost all of the growth the company is realizing comes from word of mouth. The Mission Statement is very revealing: We commit our methods, systems, energies and mot/vat/on to he/ping people, whether a Curves' member or franchise owner, to help themselves in their quest for a better quality of #re. 2 About Us - Points of Difference Cu~es for Womse~ is t~e first to offer thirty minute t'~ss and weight loss fadlities designed for women. The majority of women, whether in shape or not, prefu~ to exerOSe in an One Stop Fitness and Weight Loss... same place, same price! la. flee are acress the stn~ from each other. Successful permanent weight less requires botfl, We are the force in providing affordable, or~ stop exercise Proven Systems O~ sasy ~ learn methocls and systems are ~ ~ p~. y~ ~ ~ ~i~ a~ c~t ~ all ~ ~ your Ean~ise o~fion, 30 Minute Total Fitoess Our unique Quickfit System is an exercise circuit that combines strength and cardio t~aining, Successful permanent weight loss requires Business Ownership Reaching your full potential is often best served by working for yourself. [f you have the desire, work ethic and attitude, tI-F~s may be the right opporbJflity, Success By Design The Quickfit System, dressing rooms and consulting areas require about 1,000 square feet. This efficiency allows most locations to be profitable with as few as 100 members, Often Competition Free Conventional women's facilities require cardio areas, weight rooms, wet areas and must have hundreds of members to succeed. Curves for Women® facilities go where no one has gone before. Like Sam Walton and discount shopping, we've brought quality women's f~ness to small town America, as well as major metropolitan areas. 3 The heart of the Curves for Women® experience for club members is the 30 minute Quickfit system. Quickfit is a circuit of exercise equipment that combines strength and cardio training. Permanent weight loss requires both. Pictured below is an example of a typical franchise setup, from the Curves for Women® website, www.curvesforwomen.com. About Us - Quick Fit f) Warm.up, 2) 20 minutes at a sustained target heart rate, 3) 3 sets of strength training on all major muscle groups, 4) cool down, and 5) stretching routine. Women no longer need to compromise and miss important elements of fitness. Everyone can fit thirty minutes into their busy schedules. Our Quickfit circuit alternates hydraulic resistance strength training machines with aerobic recovery stations. Music makes it fun. An instructor or a cue tape will tell you to move every thirty-five seconds and have you check your heart rate every eight minutes. In just half an hour, you will have burned up to 500 calodes and safely performed all aspects of a total fitness program. We've created the first strength-training program comfortable for women. By increasing lean tissue, women will raise their metabolism and expect to keep the weight off! Hydraulic resistance utilizes a cylinder with a piston, which moves fluid through a restricting orifice. It is much like aquatic exercise, only the fluid and the movement is more controlled. In contrast to other strength training equipment, there are no weight stacks to manage, just the safe, accommodating resistance that keeps you moving smoothly and safely around the circuit. 4 Tustin Specific Details We propose to open a Curves for Women club with 8 Quick'fit machines initially. This means that at most we can accommodate just :[6 customers at any given moment. The camaraderie and personal attention that the small scale allows is an essential component of the Curves appeal for club members. Initially, Sara Ferry will be the General Manager and the only employee. With success, we envision hiring two to three additional employees over the next two years. Initially, we plan to have operating hours of 9:00 AM to 12:00 PM and 3:00 PM to 7:00 PM, Monday through Friday. With success, we envision being open 6:00 AM to :[0:00 PM, seven days a week. We do not plan to offer day care, or even permit children on the premises. We do not plan to offer classes, as club members can arrive at any time during open hours and complete their 30 minute workout by following an automated recording that guides members through 35-second intervals. The 1227 square feet of space at :L3:[:~2 Newport Avenue, Unit A, will be partitioned into five areas. The front will be a reception area. The bulk of the square footage (approximately 800 square feet) will be dedicated to the center region, where the Quickfit exercise machine circuit will be located. :In the back will be three locations. An ADA compliant restroom, a dressing room, and a storage closet. The goal is to provide a bright open atmosphere for the exercise sessions. To that end we are having the exterior of the property power washed. ]~n the interior, we will be replacing the old carpet and repainting all the walls. The walls of Curves franchise locations are adorned with large, humorous, cartoon-style franchise artwork. Three examples are directly below: ATTACHMENT C PARKING SUMMARY Updated Parking Summary for Packers Square June 10, 2002 Type of Use Parking Ratio Square Feet Total Required Parkin~ Medical Office 6 per 1000 Sq. Ft. 30, 406 182 Retail 1 per 200 Sq. Ft. 8,277 42 Restaurant 1 per each 3 Seats 175 Seats 58 Miss Jodi's Learning1 per each 3 studentsMaximum 15 students 7 and 1 for each staff Center member and 2 staff members Curves For Women 1 per each 3 clients Maximum 15 clients 8 and 1 for each instructor and 3 instructors Total Required 297 Parking Spaces On-site 280 Total Provided On-street 22 Parking 302 ATTACHMENT D RESOLUTION NO. 3832 RESOLUTION NO. 3832 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 02-009, AUTHORIZING THE ESTABLISHMENT OF A HEALTH CLUB WITHIN A 1,227 SQUARE FOOT TENANT SPACE LOCATED AT 13112 NEWPORT AVENUE, SUITE A, WITHIN THE PACKERS SQUARE CENTER. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: That a proper application, Conditional Use Permit 02-009, has been filed by Daniel and Sara Ferry, requesting authorization to maintain establishment of a health club in a 1,227 square foot tenant space at 13112 Newport Avenue, Suite A, within the Packers Square Center. That the proposed use is allowed within the Planned Community Commercial (PC-COMM) District with the approval of a Conditional Use Permit. 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. That a public hearing was duly called, noticed, and held for said application on June 10, 2002, by the Planning Commission. 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. 3832 CUP 02-009 Page 2 II. 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 retail uses in the center and nearby residential properties. 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 to the eight (8) allocated parking spaces, 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. 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. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the Califomia Code of Regulations (Guidelines for the California Environmental Quality Act). The Planning Commission hereby approves Conditional Use Permit 02-009 authorizing establishment of a health club in a 1,227 square foot tenant space located at 13112 Newport Avenue, Suite A, 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 10th day of June, 2002. ELIZABETH A. BINSACK Planning Commission Secretary DOUGLASS S. DAVERT Chairperson Resolution No. 3832 CUP 02-009 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. 3832 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of June, 2002. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 02-009 13112 NEWPORT AVENUE, SUITE A CONDITIONS OF APPROVAL (1) (1) GENERAL 1,1 1.2 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. 1.3 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) 1.4 Approval of Conditional Use Permit 02-009 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. As a condition of approval of Conditional Use permit 02-009, 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 omployees, 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) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A of Resolution No. 3832 CUP 02-009 Page 2 (1) The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities adsing out of a challenge of the City's approval for this project. (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, headng, and appeal process as established by the City Council ordinance. USE RESTRICTIONS The property owner shall ensure that 297 parking spaces are available for use by the center as follows: Total Required Type of Use Parkin~l Ratio Square Feet Parkin~l Medical Office 6 per 1000 Sq. Ft. 30, 406 182 Retail 1 per 200 Sq. Ft. 8,277 42 Restaurant per each 3 Seats 175 Seats 58 1 per each 3 Miss Jodi's Learning students and 1 for Maximum 15 students Center each staff member and 2 staff members 7 1 per each 3 clients and 1 for ~laximum 15 clients and 3 Curves For Women each instructor instructors 8 Total Required Parkin(] Spaces 297 On-site 280 Total Provided Parking On-street 22 3O2 2.2 2.3 The maximum number of instructom shall be limited to three (3), and there shall be a maximum of fifteen (15) clients in the facility at any given time. Hours of operation shall be limited to: Sunday through Saturday 6:00 a.m. to 10:00 p.m. 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. Exhibit A of Resolution No. 3832 CUP 02-009 Page 3 (1) 2.4 No congregation in the parking area or walkways is allowed in association with the use. (1) 2.5 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) 2.6 No signs or other forms of advertising or attraction may be placed on the site without approval from the Community Development Department. (1) 2.7 If in the futura the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a rasult of the health club, the Community Development Diractor may raquira the applicant to prapara 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 raquirad to provide mitigation measuras to be reviewed and approved by the Community Development Department and/or Public Works Department. Said mitigation measuras may include, but ara not limited to, the following: Adjust hours of operation. Reduce client enrollment. 2.8 No change or alteration of the tenant space shall occur without prior approval of the Community Development Diractor. Major modifications to the floor araa, services, and/or operation of the business may requira consideration of a new Conditional Use Permit by the Planning Commission. PLAN SUBMITTAL (1) 3.1 No change or alteration of the tenant space shall occur without prior approval in writing from the Community Development Department. The applicant shall obtain all necessary permits from and pay fees to the Building Department prior to construction of any improvements that raquira a permit pursuant to the Uniform Building Code and Tustin City Code. 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 raquirad based upon those rates in effect at the time of payment and ara subject to change. Building plan check and permit fees to the Community Development Department based on the most current schedule. Exhibit A of Resolution No. 3832 CUP 02-009 Page 4 (2) 4.2 Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. 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 $43.00 (forty-three 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 California Environmental Quality Act could be significantly lengthened.