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HomeMy WebLinkAboutPC RES 3441--- 5 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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.