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RESOLUTION NO. 3441
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 95-027, AUTHORIZING THE ESTABLISHMENT
OF A HEALTH CLUB AT 1162-1192 IRVINE
BOULEVARD.
The Planning Commission does hereby resolve as follows:
I o
The Planning Commission finds and determines as
follows:
a.
That a proper application, Conditional Use
Permit 95-027, has been filed by Linda Evans
Fitness Centers, Inc. requesting authorization
to establish a health club at 1162-1192 Irvine
Boulevard, Tustin.
o
That the proposed use is allowed within the
Retail Commercial (C-i) District with the
approval of a Conditional Use Permit.
C o
D o
That a public hearing was duly called, noticed
and held for said application on May 28, 1996
by the Planning CQmmission.
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.
.
The hours of operation are consistent
with the other commercial uses occupying
the subject property.
No exterior modifications are proposed,
so the project will have no effect upon
vehicular or pedestrian circulation
patterns, or upon the aesthetics of the
area in which the use is proposed.
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Resolution No. 3441
Page 2
E .
That this project is Categorically Exempt from
the requirements of the California
Environmental Quality Act, pursuant to Section
15301 (Class 1).
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.
II. The Planning Commission hereby approves Conditional
Use Permit 95-027 authorizing the establishment of
a health club at 1162-1192 Irvine Boulevard,
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 28th day of May,
1996.
Recording Secretary
Chairwoman
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, BARBARA REYES, the undersigned, hereby certify
that I am the Recording Secretary of the Planning
Commission of the City of Tustin, California; that
Resolution No. 3441 was duly passed and adopted at
a regular meeting of the Tustin Planning
Commission, held on the 28th day of May, 1996.
Recording Secretary
EXHIBIT A
CONDITIONAL USE PERMIT 95-027
CONDITIONS OF APPROVAL
RESOLUTION NO. 3441
GENERAL
(1)'1.1 The proposed project shall substantially conform with the
submitted plans date stamped May 28, 1996, on file ~ith
the Community Development Department, as herein modified,
or as modified by the Director of the Community
Development Department in accordance with this Exhibit.
(1) 1.2 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 Departgent within thirty (30) days
prior to expiration.
(1) 1.3 Approval of Conditional Use Permit 95-027 is contingent
upon the applicant signing and returning an "Agreement to
Conditions Imposed" form as established by the Director
of Community Development.
(1) 1.4 The applicant shall hold harmless and defend the City of
Tustin from all claims and liabilities arising out of the
City's approval of the entitlement process for this
project.
PLAN SUBMITTAL
(3) 2.1 At Building Plan Check, three (3) sets of construction
plans, electrical details and structural calculations'
shall be submitted.'
USE RESTRICTIONS
*** 3.1 A minimum of 54 on-site parking spaces shall be allocated
to serve the proposed health club. However, in the event
that the Zoning Code is amended to establish'a parking.
rate for health clubs which would require fewer spaces to
be allocated toward the subject use, t~e number of
allocated spaces may be reduced.accordingly.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTION
Exhibit A
· Resolution No. 3441
Page 2
(4) 3.2 Ail building locking devices added to the premises shall
meet .those requirements as set forth in the Building
Security Code.
(4) 3.3 Applicant shall obtain all necessary permits from ~he
Building Department prior to construction of any
improvement~ that require a permit pursuant to the
Uniform Building Code and Tustin Municipal Code.
(5) 3.4 Any Health Code or other violations, as determined by the
County of Orange Health Care Agency, may be grounds for
revocation of this Conditional Use Permit.
(5) 3.5 The subject property shall be maintained in a safe, clean
and sanitary condition at all times.
SIGNS
(5) 4.1 Opaque materials and signage shall not cover more than 25
percent of the aggregate area of all windows and doors of
the subject tenant space.
(5) 4.2 Ail signs, including any change of copy, require review
and approval by the Community Development Department
prior to installation.
FEES
(1) 5.1 Prior to issuance of any building permits, payment shall
(5) 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.
ao
Building plan check and permit fees 'to the
Community Development Department based on the most
current schedule.
(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.