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HomeMy WebLinkAboutPC RES 42180 24=1013920001111101 • A RESOLUTION • THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2013-02, AUTHORIZING THE ESTABLISHMENT OF A FITNESS GYM WITHIN 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 Permit 2013-02 was filed by Joshua Bensons of Spectrum Fitness LLC. requesting authorization to establish a fitness gym (Rycka CrossFit) within an existing building at 14332 Chambers Road; 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; I C. That the project site is located within the Planned Community Industrial (PC-IND) zoning district 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 uses. The site is designated as Planned Community Commercial/Business by the City's General Plan; D. That on October 21, 1991, 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 uses within this planned 'community. A Negative 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 Permit 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: Planning Commission Resolution No. 4218 CUP 2013-02 Page 2 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 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 subject use is allocated six (6) parking spaces and the total number of instructors and clients is fixed by the project conditions of approval. 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). 11. The Planning Commission hereby approves Conditional Use Permit 2013- 02 authorizing a fitness gym within an existing building at 14332 Chambers Road, 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 April, 2013. "A ilk; &W TEVt ,_OZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Planning Commission Resolution No. 4218 CUP 2013-02 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4218 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of April, 2013. ELIZABETH A. BINSACK Planning Commission Secretary NOUN EXHIBIT A D 2 CONITIONAL USE PERMIT 2013 -0 14332 CHAMBERS ROAD CONDITIONS OF APPROVAL 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped April 9, 2013, on file with the Community Development Department, except 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 minor modifications during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 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 ,r,,lllNlcz be granted if a written request is received by the Community Development E0_10170 Department within thirty (30) days prior to expiration. 11111,111111111 (1) 1.4 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 notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. 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 responsible 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 CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Conditions of Approval Exhibit A CUP 2013-02 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 2013-02 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 Planning Commission Resolution No. 4218, 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. 2.1 A maximum of eighteen (18) persons shall occupy the gym at any time. Should additional parking spaces be provided for the gym 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 2.2 The hours of services and business operation shall be to 5:00 AM to 8:00 PM Monday through Friday, and 8:00 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 MIND-- Exhibit A CUP 2013 -02 Page 3 2.3 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. 2.4 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) 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 proposed project, the 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 costs. 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 may include, but are not limited to, the following: a. Establish alternative hours of operation. b. Reduce the number of persons allowed in the facility at any given time. C. Provide additional parking. 2.6 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. 2.7 The applicant shall schedule and conduct classes in such a way that the majority of clients attend classes before 7:00 a.m. and/or after 4:00 p.m. RFIMN Mk (1) 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. 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 Conditions of Approval Exhibit A CUP 2013-02 Page 4 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. (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 for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.