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HomeMy WebLinkAboutPC RES 4179RESOLUTION 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; B. 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 ar 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 3 persons present at any one time. 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. a ELIZABETH A. BINSACK Planning Commission Secretary 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 (3D) 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 farms shall be established by the Director of Gommunity 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 CODES {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 cast 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 3 persons. 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 48 persons are allowed in the tenant space at any given time. 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. (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 Conditions of Approval Exhibit A CUP 2011-14 Page 3 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 casts. 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. BUDDING (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 Cade, 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 far any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.