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HomeMy WebLinkAboutPC RES 3842RESOLUTION NO. 3842 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 02- 0~5 AUTHORIZING THE ESTABLISHMENT OF AN INDOOR PRIVATE RECREATIONAL FACILITY (GYMNASTICS TRAINING) FOR A MAXIMUM OF FORTY-EIGHT (48) PERSONS WITHIN AN EXISTING OFFICE/WAREHOUSE FACILITY LOCATED AT 14761 BENTLEY CIRCLE The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A, A proper application, Conditional Use Permit 02-015, was filed by Wildfire gymnastics (Rick Watson), requesting authorization to establish an indoor private recreational facility for gymnastics training for a maximum of forty-ei~ht (48) students and staff within an existing office/warehouse building located at 14761 Bentley Circle within the Irvine Industrial Complex .Planned Community and the Planned Community Commercial/Business General Plan land use designation. B, The Planned Community Commercial/Business General Plan land use designation provides for a variety of-commercial uses, including recreational facilities. In addition, 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. C Indoor private recreational facilities are conditionally permitted by the Irvine Industrial Complex Planned Community, subject to review and approval by the Planning Commission. D. The Planning Commission duly called and conducted a public hearing for the application on September 9, 2002. E. 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 or 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: , As conditioned, the proposed number of students and hours of operation would not adversely affect surrounding industrial uses in that the site is developed with a free-standing building and located at the end of Bentley Circle, a cul-de-sac, with Resolution No. 3842 Page 2 limited vehicular use. All operations would be conducted inside the building with closed doors and all parking would be provided on the site. ,, There will be sufficient parking for the proposed use since more parking is being provided than what is required by applying a parking ratio of one (1) parking space for each three (3) students and one (1) parking space for each teacher. In addition, sufficient student parking and loading/unloading zones are provided in close proximity to the sidewalk and building entrances. 1 The number of students would not significantly increase the pedestrian and vehicular circulation in the vicinity in comparison with an industrial use of the site. g · As conditioned, the maximum number of occupants within the facility would not constitute an asSembly use under the Uniform Building Code, which would require building and site improvements. F, This project is Categorically Exempt pursuant to Section 15303, Class 3 of Title 14' Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 02-015 authorizing the establishment of an indoor private recreational facility for gymnastics training for a maximum of forty-eight (48) persons within an existing office/warehouse building located at 14761 Bentley Circle, 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 9th day of September, 2002. ELIZABETH A. BINSACK Planning Commission Secretary Koza~ Chairperson Resolution No. 3842 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that l am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3842 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of September, 2002. ELIZABETH A.-BIN~ACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 3842 CONDITIONAL USE PERMIT 02-015 CONDITIONS OF APPROVAL GENERAL (1) 1.3 (1) 1.4 The proposed project shall substantially conform with the submitted plans for the project date stamped September 9, 2002, 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. 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 (30) days prior to expiration. All conditions in this Exhibit shall be complied ~vith as specified, subject to review and approval by the Community Development Department. Approval of Conditional Use Permit 02-015 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 bo ostablished by tho Diroctor of Community Development, and evidence of recordation shall bo providod to tho Community Development Department. As a condition of approval of Conditional Use Permit 02-015, 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 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, includin§ staff, concomin§ this project. (2) (3) (4) SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3842 Page 2 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) 1.6 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, hearing, and appeal process as established by the City Council ordinance. (1) 1.7 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. (***) 1.8 Conditional Use Permit 02-015 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. PLAN SUBMITTAL (1) 2.1 Building plan check plans for the site improvements shown on the approved plan shall be submitted for review and approval. All site improvements shall be installed and pass final inspection prior to commencement of operation. At the time of building permit application, the plans shall comply with the 1996 California Building Code (CBC), California Title 24 Accessibility Regulations, City Ordinances, and State and Federal laws and regulations. In addition to improvements shown on the approved plan, plans and details for the following items are required: a. Directional signs shall be installed to direct team members and students to park in the parking area on the easterly side of the building to facilitate pedestrian access on the sidewalk to the primary and secondary building access points at the front and on the east side of the building. b. Directional signs shall be installed to direct staff members to park in the parking area on the northerly side of the building. c. Directional signs and striping shall be installed to identify the loading/unloading zones. d. Consistency with the City's Security Ordinance shall be shown and installed. Exhibit A Resolution No. 3842 Page 3 (1) 2.2 Sign plans for all permanent and temporary business identification signs shall be submitted to the Community Development Department for review and approval. USE RESTRICTIONS (1) 3.1 The use of the facility shall be limited to a private recreational facility for gymastics. Other uses such as birthday parties or similar functions are not permitted. Any change to the use of the property shall require the written approval of the Community Development Department. 3.2 The hours of operation shall be between 9:00 a.m. to 9:00 p.m. Monday through Saturday. Any modification to these hours shall be subject to the written approval of the Community Development Department Director. (1) 3,3 A maximum of forty-eight (48) students and staff may occupy the building at any one time. Any change to the schedule of the classes that may exceed this number is not permitted since the building does not qualify as an assembly area under the Uniform Building Code. 3.4 The operator shall ensure that students park their vehicles within the easterly parking area and staff members park in the northerly parking area. The operator shall notify patrons and staff in writing of this requirement and shall provide a copy of such notice to the Community Development Department prior to commencement of operations. (1) 3.5 The operator shall ensure that students use the entrances at the front of the building and on the east side of the building. The operator shall notify patrons and staff in writing of this requirement and shall provide a copy of such notice to the Community Development Department prior to commencement of operations. (1) 3.6 A total of five (5)loading/unloading zones shall be maintained on the site at all times in accordance with the approved site plan. (1) 3.7 All required exit doors and paths.shall remain open and .unobstructed during business hours; all roll-up doors shall remain closed during business hours. 3.8 The property shall be maintained in a safe, clean, and sanitary condition at all times. The business operator and property owner shall be responsible for the daily maintenance and up-keep of the facility, including but not limited to trash removal, graffiti removal, maintenance of improvements including landscaping to ensure that the facilities are maintained in a neat and attractive manner. Exhibit A Resolution No. 3842 Page 4 (1) 3.9 The business operator and property owner shall be responsible for preventing loitering outside the building. No loitering signs shall be posted subject to approval by the Community Development Department. (1) 3.10 No exterior public pay telephones, coin-operated video, games, or vending items are permitted. (1) 3.11 Landscaping shall be maintained in a healthy, weed-free, and neat condition. FEES 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 $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.