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HomeMy WebLinkAbout03 Conditional Use Permit 2013-02, Fitness Gym1.7 AGENDA REPORT MEETING DATE: APRIL 9, 2013 TO: PLAMiN]IICIO COMMISSION FROM: CON, %_VV`IUNI` Y DEVELOMMEiNIT DEPARTMENT ITEM 3 SUBJECT: CONDITIONAL USE PERIL `IIT 2013 -02, n REQUEST TO ESTABLISH FITNESS GYM USE VVI`U HI'N ��9 EXISTING INDUSTRIAL OFFICE SPACE / FFLI AN u - J0SHUPBEI\ISO�I SPECTRUM �'�I` NESS LLC 14271 JEFFREY ROAD, SUITE 144 IG VP'\,9E, CUB 92520 FROPER` Y 00VINER. 14332 CHAMBERS S LLC Aif -'1 N: JAMES 'RICH 802 S. BAY FRONT jNE'V'V, PORT EACrd, CA 92662 LOC A7IO�i\I- 14332 CHAMBERS ROAD GENERAL PLAIM— PLANNED COMM UNITY COMMERCIAL/BUSINESS z©!i?I _N Co PLANNED COMMUNITY INDUSTRIAL (PC INN) .E /'/,U5 J IN O LAMN o INDUSTRIAL OFFICE COMPLEX EIjIVIR0N _IV �.i 17AL- THIS PROJECT IS CATEGORICALLY EX'EN"IP I PURSUANT TO THE CALL ORNIA EfNVIRONMEN a AL QUALITY ACT (CEQA ) SECTION 1 5301, CLASS 1 N' U a 1 Jam' C � EST II O / L�l yll it G 7 II . moo °� L Ni ESS ��I uS� ��uuullu� AN EXIS TI�\,IO 2,831 SQUARE-FOOT IM0UJS` RIAL TENANT SPACE, PC Report April 9, 2013 CUP 2013 -02 Page 2 REC0%]5V[,E�M�DA 710 N - hat tie Planning Commission adopt Resolution No. 4218, approving tie establishment of a `fitness gym use NjMtHn are -.Astn g 2,831 square -`soot industrial tenant space located at 1A,332 Chambers Road, ,AFTF` ? QDAJS— - AU II i-lnnl II — V ursuant tO Industrial Complex Development Standards Section M.C.11, indoor recreational uses are cond' Tonally permi'sied in `the Planned CommunKy lndus'trial (PC 1r\9D) 2ona r g District. Pursuant to Tustin City Code Section 9291c, the Planning Commissbn Baas the authority to approve conditional use perrnKs, Proj'ac Site anc7 &1jrrounding uses The property is located � /Ajithin the Planned Community lndustrial (PC IND) ?ona rg Districfi( and subject to the Irvine Industrial Complex Panned Community District regulations, AjAjhich allows for private, indoor recreational uses such as gymnastics studios, dance studios and martial arts studios as conditionally permitted) uses. The General Mara Land Use designation is Planned Community Commercial/Business. The project site is located in an existing one --acre industrial property developed �,/�jith apprcAmately 15,478 square °ueet of industrial space and 40 parking spaces, PC Report April 9, 2013 CUP 2013 -02 Fags 3 1V PARKING AREA Pri OL J. i gg 1 q J xr kr The e;xistirig tenant at the subject property is a manufacturing company of veterinary products and occupies 12,647 square feet of the building area. The Proposed fitness gym use would be located at the front of the building, in the northwest corner. The surrounding businesses in adjacent properties include a cellular ,phone wholesale company to the south, computer wholesale company to the north, a plastic manufacturer to the west, and manufacturing and production :businesses to the east. Goroposa0 11FIrie applican ", is proposing to occupy an eeissing 2,331 square -foot office acid ware--house space to include a multiuse fitness room, an office, storage rooms and two restrooms as shown in true proposed floor plan. The proposed fitness area is approximately 1,930 square feet. The proposed use is a small gym and more similar to a dance or Pilates studio than a urge gym establishment like a 24 -flour (Fitness center. The proposed Rycka ,C,irossFit use is described as Individual and small group high intenSity Workouts with classes lasting one hour or less. The workout activities are led by an instructor and include various movements and routines such as pushups, pall -ups, dips, squats and sit - Ups. PC Report April 9, 2013 CUP 2013 -02 Page 4 Fitness, loom NH Office Stor ge FT(opoczad FF cxo w pp zn, The applicant indicates that gym activK es would gonerato appro 'XiMa'«ely 16 @Ilondants, at most. According to the applicant, the gym Njajould operate one class at a limo and the redo of instructors to cli nts j ill vary, boshj��een 1;1 and 1;15 per class and clams haw- to pro - rejss er 'Tor the classes v a she gym ,,mbsito and sign -app is limited to the flrrst fifteon registrants. Business J9ou'-s The proposed gym vou1d operate Nrlonday through FTjday, be'Nivoon 5 :00 am to 8;00 pm and Salturday through Sunday, between 8;00 am to 10:00 are. The proposed business hours are connpaltiblo �jAAitb the surrounding buss nessos in that the business offers classes bstween the early Morning and early evening hours 'lo pro,,,Me convonient choices for clients, and that most of the classes pro,,,4ded are scheduled during noTmal business lours. PC Report AprH 9, 2013 CUP 2013-02 Page 3 ParWn_q O) '\Io ss The proposed use is a small scale fitness gym similar to a yoga or pllates atUdio. In accordance -vvith Ordinance �No, 1076, parting ragUiremen'ts for private, indoor recreational Lases Nivithin the lrvine lnduastrial Complex is one (1) parking space per three (3' persons, The site is improved �juj'th forty (40) parIing spaces, The tenant space is allocated sip (6 parking spaces and based on the required parking ratio the subject use may hav-- a maXimuam eighteen (1 persons at any gh/en time, The applicant indicates that there �,Mll be a maximum sixteen (16) attendants at the gym, therefore proposed use can be accommodated by the allocated parking. lf nega�tivs- parking impacts occur, the applicant ljAiill be required to mitigate the problem, such as modifying business hours and operations, reducing the number of attendants, and/or providing add°Kbnal parking spaces. The proposed use �xould not create a noise impact on the surrounding area since the Fitness gym ac #vi'ties viouald be limited to indoors only and subject to the a Las'tin Noise Ordinance and General plan Noise E- lemenL Overall, as conditioned, Rycka CrosslFit vjould be compatible vjilh surrounding Lases in that the hours o��i operation, number of participants, and scope of operations are similar to and compatible 7,vvith other uses in the area, I'L-z A VlR(0) `9lu'7'EN`u ALL - This p,rojec't is categorically eXempt -from further environmental re,VieAJ/V pursuant to 'the California Environmental Quality Act (CEQA) Section 15301, Glass 1, "EAsting Facilities." In determining whether to approve the Conditional Use Permit for the project, the Planning Commission must determine Njuhather or not the proposed use �ivill be detrimental to the health, satety, morals, comfort, or general Nivelfare of the personas residing or working in the neighborhood, nor be injurious or detrimental °to the property and improvements in the neighborhood of the subjoG� property, or to the general welfare of the City of Tustin. A decision to approve this request may be supported by the follmiAling findings: I The proposed uase, as conditioned, viouald not be detrimental 'to Surrounding properties in that the hours of operation, number of participants, and scope of operations for the proposed fitneSs gym AAjould be compatible and consistent �Yvith °the uses in the area and the immediately adjacent buaildings vkMich could contain the same use with a conditional Lase permit, 2) The proposed use is not anticipated 'to result in parking impacts since 'the si'le provides more than the required number of parking spaces and the total number PC Report AprH 0, 20113 CUP 2013 -02 Page 0 of instTud'Mrs and clients is fixed by the prejeGt conditions of approval. Part dng for she subject us-- �jnjeuld be limited to spaces available erg -site by requiring I space -ter each 3 persons present at any erne time, 3 he proposed uses, as cordi�Jored, Aj?jould not create a noise imp-riot on the surrounding neighborhood since the Fitness gym activities �jAjeuld be iirnitad to indoor only and �,?9euld be subject to 'the Tustin l\9eise Ordinance and General Plan jkleise Element. 4) The proposed use �j,\Al nol be detrirnsrtal to tlhe surrounding properties in °that the- hours of operation of the inStTUGdOn vmuld be consislant with the general business hours of other businesses �j,\ thin the surrounding vicinity. Edmel ne V, Huffer Assedate Planner Attachments: A. Location Map S. Land Use Fact Sheet C. Submitted Pleas D. Resolution No. 4218 izabetb A. Binsack Dreat ®r of Community Development n T AClf--P/qU,,9T �-,\ L0 Cn T � 0 �\ 9 �!0 0 �f�C3R i�a'�a►® 0 O 0 ATTACHREEN7 9L LA�r 110 U E F A C T 5 rlFE FE T LAND USE AP PUCATKON FACY SH IS-ET 1. LAND USE APPLICATION NUMBER(S): CUP 201302 2. LOCATION: 14332 Chambers Rd. 3. LO` A4 BLOCK: TRACT: 8590 4. APN(S):432-472-05 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: N/A 6. SURROUNDING LAND USES: NORTH: Industrial /Office SOUTH: Industrial /Office EAST: Industrial /Office WEST: Industrial /Office 7. SURROUNDING ZONING DESIGNATION: NORTH: Planned Community Industrial P( C IND) SOUTH: Planned Community ndustrial (PC IND) EAST: Planned Community Industrial (PC IND) WEST: Planned Community Industrial (PC IND) 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Planned Community Commercial /Business SOUTH: Planned Community Commercial /Business EAST: Planned Community Commercial /Business WEST: Planned Community Commercial /Business 9. SITE LAND USE: Use: Zoning: General Flan: DE EVELOG`''6UIEE(N7 FACTS EXISTING PROPOSED Industrial / Office Fitness Gyre Use Planned Community Industrial No Change Planned Community Commercial /Business No Chaff 10. LOT AREA: 11. BUILDING LOT COVERAGE: 12. SITE LANDSCAPING - 13 OPEN SPACE: 14. PARKING: 15. BUILDING HEIGHT: 16. BUILDING SETBACKS: REQUIRED FRONT 30 feet SIDE 10 feet REAR EXISTING PROPOSED 47,916 S.F. N/A 50% MAX. PERMITTED N/A N/A REQUIRED N/A N/A REQUIRED N/A 1 : 3 persons No Chaneee Federal Aviation Agency standards N/A REQUIRED 30 feet N/A 10 feet N/A 0 feet N/A 17. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) N/A ATTAC HMETIT S S!L9EIRIO '1SLo SLnN S FEB 2, 5 201 0 M NI U N FN DEV E7 L 0 P il E N T BY; F- F-- F- F- F- F-- IF- F- F-- F- F- F-- I F- I F- F-- tN I NY ADTACH /EIDDDD DD DD,LD 7 1 M JMO. 4VIES RESOLUTION NO. 4218 A RESOILUTiON OF THE PLATI�ll'f\7G COMMISSION OF THE CITY OF TUSTI \9, nPPROVP\\1C CO'tNI ITIONAL USE PERMIT 2013 -02, AU T HOF9 ZNG THE ESTABLlSHl E'rN9T OF FITN�SS GYM WlTHlj9 AN EXISTING BUILDING AT 14332 CHAMBERS ROAD, The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a ;proper application for Conditional Use IFIermit 2013-02 vvas filed by Joshua Gensons of Spectrum Fitness LLC. requesting authorization to establish a fitness gym (Rycka !Cross it) within an existing building at 14332 Chambers Road; B. The General Plan ,'Manned Community Commercial /Business land use designation provides for a variety of commercial and office uses which could include instructional facilities. The projeot is Consistent with the Air Quality Sub - element of the City of Tustin General Galan; C. That the project site is located within the Planned Community Industrial (PC -IND) zoning diiStriCt within Irvine Industrial Complex and is regulated by the Irvine Industrial Complex Planned Community District Regulations, which allows for a variety of industrial and commercial oases. The site is designated as Planned CoMMUnity ComrnerCial9Business by the Citys General Flan; D. That on October 21, 1 991, the City !Council adopted a zone change (ZC 91 -03) to amend the Irvine Industrial Complex Planned Community to allow private indoor recreational uses as Conditionally permitted rises within this planned community. A Negalive Declaration was prepared in conformance with the California Environmental Quality Act and it was determined that there would not be a significant effect on the environment; E. That a public hearing was duly called, noticed, and held for Conditional Use, JPermit 2013 -02 on April 9, 2013, 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 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: Fanning Commission Rz- ,S6LIdon No. 4213 CUP 2013 -02 gage 2 1) The proposers use, as condIionad, 1jvould not be dettriMS- ntal to surroundn g properties in that the hours of cperation, number of participants, and scope of oper8tionS for the proposed fitness gym �jvould be compatible and consistent ��iith the apses in the center and the immodl ately adjacent buildings ?jrhich could contain the same ease �j,\Jth a Cords 'tional Use Permit. 2) The proposed use is not anticipatad to resUit in parlldng impacts since subject use is a located six (6) parking spaces and the total number of instructors and clients is fixed by the project condd bons of 2ppro -val. 3) The proposed uses, as coor &i ionsd, AjArould not create a noise impact on the surrounding neighborhood since the fitness gym activities viould be limited to indoor only and �j /could be subject to the Tustin poise Ordl nancs and General Plan 'Noise E- lament. 4) The proposed use will not be detrimental to the surrounding properties in that the hours of opera °lion of the iPstruction tijnjould be consiatent with the general business hours of other businesses �jMthin the surrounding'vicir ity. G. `phis project is Categorically Exempt pursuant to Section 15301 (Class 1 ) of the CaNfornia Code of Regulations (Guidelines for the Caflfornia Environmental Quaflty Act), lL The Planning Commission hereby approves Conditional Use Permit 2013 - 02 authorizing a fitness gym �jAiithin an existing building at 1 ,4332 Ch,--:rrnbers Road, subject to the conditions contar ned �j /\Jthin Exhibit A, atmch d hereto, PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 9th day of Apr i% 2073. Chairperson EL IZ /AB TH A. 3lrMISACK Planning Commission Secretary, Planning Commission Resolution Flo. 4218 CUP 2013 -02 Page 3 STATE OF CAU G O R \ 9 'COUNTY O F ORANGE C0 l Y OF V US T HNI i, EHZ2beth A. Birsaok, the undersigned, hereby Coaffy -that 'i am the G Darn6ng Commission Secretary of the City of Tustin, Caffornia; that Resolution No. 4213 was dui y passed and adopted at a regUar meets ng of the T ust n Punning Commisslon, held on -the 9th flay of Aprll, 2013, ELIZABETH A. BINSACK PP anning Commission Secretary C H- I E 17 , 1630 : HA?r� EP 5 R 0 /-�\o OlNDL I T 10013 C) F APF1ROVA �9RL (1) 1,1 The proposed use shall substantially conform with the submitted plans for the project date stamped April 9, 2613, on file with the COMMLMn ty Development Department, except as hereon 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 during ,plan check it such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 102 Unless otherwise specified, the conditions contained in this (Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1-3 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 (36) days prior to expiration. (�) IoA 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) 1,5 Approval of Conditional Use (Permit 2013 -02 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 notarised "Notice of Discretionary Permit Approval and Conditions of Approval°° fonrn. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development .Department. (1) 1.6 Any violation of any of the conditions imposed is subject to issuance Of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.7 The applicant shall be responsiibile for costs associated with any necessary code enforcement action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the !City Council by ordinance. SOURCE CODES (1) STANDARD COMMON (5) (2) CiPCQA MITIGATION M (3) UNFORM BUILUANI OOOIEOS (7) QA) OOSIGN R_EMLS , hrt* RIE SPONS]C3UE A0ENCY G°3EOUR EM ENT L/ANDSCA, F N0 :c UMMEL NES E/X,CE P T 10 �\\] Conditions of Approval Exhibit A CUP 2010 -02 Page 2 (1) 1.8 As a condition of approval of Conditional Use Permit 2013 -02 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, 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 �9 'conditional Use !Permit 201 3 -02 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. If the use is not operated in accordance with conditions of approval included in Exhibit A of Manning Commission Resolution No. 4213, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. J 5E RE 5TIMCTl©1�,1.5 2.1 A maximum of sixteen (13) persons shall occupy the gym at any time. Should additional parking spaces be provided for the gyre use, the number of persons may be increased based on one (1) parking space for each three (3) persons subject to review and approval by the Community Development Director. Any change in number of staff or clients requires approval of revised parking summary by the Community Development Department x `202 The hours of services and business operation shall be to 5:00 AM to 3 :00 PM Monday through Friday, and 3:00 AM to 10:00 AM Saturday and Sunday. The Community Development Director may approve a request to modify the hours of operation if they are deemed to be compatible with the surrounding area. 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. Conditions of Approval Exhibit A CUP 2013 -02 Page 3 * ** 23 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. * ** 2.A All activities shall be located within the enclosed building. No congregation and /or loitering in the parking area or walkways are allowed in association with the use. (1) ` 3 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 proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis, traffic study, or noise analysis and the appHcant shall bear all associated costs. if said study indicates that there is inadequate parking or a traffic or noise problem, the app'licart shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department and /or Public Works Department. Said mitigation may include, but are not limited to, the following: a. EstabHsh alternative hours of operation. b. Reduce the number of persons allowed in the facility at any given time. C. Provide additional parking. * ** 2o�z) No change or alteration of the tenant space shall occur without prior approval of the Community Development Director. Major modifications to the floor area, services, and /or operation of the business may require consideration of a new conditional use permit by the Planning Commission. BUILDING (`Il) 3.1 At the time of building permit application, the plans shall comply with the current edition of the codes (2010 California Building Standards Code, and 2011 Green Building Code), City Ordinances, State, Federal laws, and other regulations as adopted by the City Council of the City of Tustin. FEF-9 (1)() 6, A Prior to issuance of any building permits, payment small 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. SuEding plan check and permit fees to the Community Development Department based on the most current schedule. Conditions of Approval Exhibit A CUP 2013 -02 Page 4 (2) -4 o2 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 CZE)U TY CUER- Kf 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 eppJcant 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 Envircnmental Quality Act could be significantly lengthened.