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HomeMy WebLinkAboutPC RES 35431 RESOLUTION NO. 3543 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 97-015 AUTHORIZING THE ESTABLISHMENT OF AN INDOOR RECREATIONAL FACILITY AT 2681 WALNUT AVENUE The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: a. o C . D o That a proper application for Conditional Use Permit 97- 015 was filed by American Inline Hockey Clubs, LLC to request authorization to establish an indoor recreational facility in an existing building at 2681 Walnut Avenue,.. more specifically described as Assessor's Parcel No. 432- 473-29. That the proposed use is allowed within the Planned Community - Industrial District (Irvine Industrial Complex Section VI.C.II), with the approval of a Conditional Use Permit. That a public hearing was duly called, noticed and held on said application on September 8, 1997, by the Planning Commission. That the establishment, maintenance and operation of the indoor recreational facility 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 b~ 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, as evidenced by the following findings: 1) The proposed use, as conditioned, will not be detrimental to surrounding properties in that recreational activities can be accommodated on the subject property entirely within the interior of the building. The large amount of clear space typically available in light industrial buildings is more suitable for the proposed facility than. typical commercial buildings. 2) The proposed use, .as conditioned, will not have a negative effect on surrounding property owners, or impact traffic or the availability of parking in that sufficient parking will be provided and no potential traffic impacts have been identified. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3543 Page 2 Should there be a problem with adequacy of parking or traffic circulation, the applicant will be required to prepare a traffic and parking demand analysis identifying and implementing mitigation measures required by the City. 3) The proposed use, as conditioned, 'is compatible with uses in the surrounding area. The project site is located in the Irvine Industrial Complex, an industrial area that is primarily occupied by light industrial and support commercial uses which typically operate Monday through Friday during the day. The nearest residential use is approximately 1,000 feet to the west of the proposed facility. The significant distance to residential uses and the proposed evening and weekend operating hours of the facility ensure that no land use conflicts will occur. E o Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the proposed site modifications will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. F · That 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. The Planning Commission hereby approves Conditional Use Permit 97-015 to establish an indoor recreational facility in an existing building on the property located at 2681 Walnut Avenue, subject to the conditions contained in Exhibit A attached hereto. - PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 8th day of September, 1997. ELIZABETH A. BINSACK Planning Commission Secretary ~Chai~man v 5 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 Resolution No. 3543 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 Planning Commission of the City of Tustin, California; that Resolution No. 3543 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of September, 1997. Planning C0~missi0n..Secretary ....... EXHIBIT A CONDITIONAL USE PERMIT 97-015 CONDITIONS OF APPROVAL RESOLUTION NO. 3543 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 8, 1997, 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. (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 Conditional Use Permit approval shall become null and void unless'permits for the proposed project 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. (1) 1.4 Approval of Conditional Use Permit 97-015 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) 1~5 The applicant shall Mold 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. PLAN SUBMITTAL (4) 2.1 Three (3) sets of construction and tenant improvement plans (architectural, plumbing, electrical, mechanical and structural) shall be prepared in accordance with applicable Building and Fire Codes and submitted for review and approval by the Community Development Department. Compliance with approved plans shall be inspected by the Community Development Department during construction and prior to final inspection. (3) 2.2 Plans and calculations shall be stamped and signed by a California licensed engineer or architect. Exhibit A Conditional Use Permit 97-015 Conditions of Approval Page 2 (3) 2.3 Seismic analysis of existing roof to wall connections shall be submitted with the engineers recommendations for strengthening of those connections (1978 existing tilt-up building) ~ (3) 2.4 Structural calculations for removal of columns, installation of new beams, and any other new loads or openings shall be submitted for review. Include any new roof mounted equipment. (3) 2.5 Title 24 energy compliance documentation shall be submitted for all new lighting or mechanical equipment proposed. (3) 2.6 Handicap accessibility shall be provided for the proposed facility in accordance with California Title 24. (3) 2.7 The warehouse is constructed with Type 3 non-rated (III- N) construction. The building is divided into separate buildings by use of a 4-hour area separation wall. This project is a change of occupancy group and division and must comply with current' code requirements for a Group A Division 2.'1 occupancy. (1) 2.8 Exterior lighting fixtures shall be installed in compliance with City's Security Ordinance. Prior to · installation, submit three (3) sets of plans which show that all existing and proposed exterior lighting shall be designed and arranged_as not to direct light or glare or have a negative impact on adjacent properties. Wall mounted fixtures shall be directed at a 90 degree angle directly toward the ground or angled toward the building. PLAN SUBMITTAL - ORANGE COUNTY FIRE AUTHORITY (3) 3.1 Plans shall be submitted and approved for the installation of a fire alarm system. A voice evacuation shall be included in this submittal. (3) 3'.2 Plans of the fire sprinkler system shall be submitted and approved prior to installation. (3) 3.3 Plans showing the location of hydrants installed within 150 feet of all portions of the building shall be provided. Relocation and/or additional hydrants may be required to meet the fire flow requirements and location requirements. Exhibit A Conditional Use Permit 97-015 Conditions' of Approval Page 3 (3) 3°4 Ail fire access roads exceeding 150 feet in length shall be provided with an approved turnaround area. (3) 3.5 Architectural plans shall be submitted to the Orange County Fire Authority for review. USE RESTRICTIONS (1) 4.1 The hours of operation shall be between 4:00 p.m. and 1:00 a.m., Monday through Friday, and 6:30 a.m. and 1:00 a.m., Saturday and Sunday. Any modification to these hours shall be subject to the approval of the Community Development Department Director. (1) 4.2 As currently designed, the maximum number of persons that can be accommodated at one time within the recreational facility is 336 persons unless additional parking is allocated to serve the indoor recreational facility. Based upon the latest parking requirements' for all tenants within the building, the occupancy may be increased provided that it can be demonstrated that there is adequate parking consistent with Tustin City Code requirements and subject to approval of the Community Development Department. (1) 4.3 A total of 4 spaces, as identified on the approved plans, shall be allocated to provide turnaround space for members who are being dropped off or picked up. (1) 4.4 If, at any time in the future, the City is made aware and concurs that a parking, traffic or circulation problem exists on the" subject property, then the Community Development and Public Works Departments may require the property owner to submit an updated traffic analysis prepared by the applicant's consultant, at no expense to the City. The updated analysis'shall be submitted w~thin the time schedule stipulated by the City. The property owner may delegate this responsibility, through lease negotiations, to any tenant operating under Conditional Use Permit 97-015. If the City deems there are traffic conflicts, the property owner shall be required to provide additional mitigation measures to be reviewed and approved by the Community Development and Public Works Departments. Exhibit A Conditional Use Permit 97L015 Conditions of Approval Page 4 Failure to adequately respond to such a request and to implement mitigation measures within the time 'schedules established shall be grounds for initiation of revocation procedures for Conditional Use Permit 97-015. (1) 4.5 The applicant shall obtain a Temporary Use Permit if more than the maximum allowable number of persons (336 persons) are anticipated to attend a temporary event. The applicant shall, in part, identify and provide sufficient off-site parking as a requirement for approval of the ~emporary Use Permit by the Director of Community Development. The additional temporary parking spaces may include the off-site spaces and/or the 25 on-site parking spaces that are allocated to the sub-tenant office/warehouse use with permission of the business owners and subject to the approval of the Community Development Department. (1) 4.6 Public telephones shall be located inside of the building only. (1) 4.7 The applicant shall be responsible for preventing loitering outside the building. No loitering signs shall be posted subject to approval by the Community 'Development Department. If deemed necessary by the PoliCe Chief and/or Community Development Director, on-site security personnel shall be provided. Said security shall be provided to the satisfaction of the Chief and/or Director. (5) 4.8 The subject property shall be maintained in a safe, clean and sanitary condition at all times. The owners shall be responsible for'the d~ily maintenance and up-keep'of the facility, including but not limited to trash removal, painting, graffiti removal and maintenance of improvements including landscaping materials to ensure that the facilities are maintained in a neat and attractive manner. All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structures and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. FEES (1) 5.1 Prior to issuance of any permits, payment shall be made of all required fees, as may be in effect at the time of permit issuance, including, but not limited to: a. Ail applicable plan check and permit fees to the Community Development Department, based on the most Exhibit A Conditional Use Permit 97-015 Conditions of Approval Page 5 current schedule, as may be amended prior to permit issuance. (1) 5.2 Within forty-eight (48) hours of approval of the subject (5) 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 California Environmental Quality Act could be significantly lengthened.