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HomeMy WebLinkAboutPC RES 4219a # • # • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2013 -03, AUTHORIZING THE ESTABLISHMENT OF A FITNESS GYM WITHIN AN EXISTING BUILDING AT 2682 WALNUT AVENUE. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. Proper application for Conditional Use Permit 2013 -03 was filed by Tim Brooks and Joel Thompson of Catalyst Fitness Inc., DBA CrossFit Tustin requesting authorization to establish a fitness gym (CrossFit Tustin) within an existing building at 2682 Walnut 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; RONNIE 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 -03 on April 23, 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. 4219 CUP 2013 -03 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 area 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 23 parking spaces are allocated to the unit and the total number of instructors and clients is fixed to a maximum of 69 persons by the project conditions of approval, based on the requirement of 1 space for each 3 persons present at any one time. 3) The proposed use, 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, 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 area and the immediately adjacent buildings which could contain the same use with a conditional use permit. 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 2013- 03 authorizing a fitness gym within an existing building at 2682 Walnut 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 23rd day of April, 2013. FIN �Xw I `N Planning Commission Resolution No. 4219 CUP 2013-03 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. 4219 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of April, 2013. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 2013-03 2682 WALNUT AVENUE CONDITIONS OF APPROVAL mainga-al 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped April 23, 2013, 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 (30) 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 2013-03 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) 1.5 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 CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY EXCEPTIONS Conditions of Approval Exhibit A CUP 2013 -03 Page 2 (1) 1.6 As a condition of approval of Conditional Use Permit 2013 -03 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) 1.7 Conditional Use Permit 2013 -03 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. mss. USE RESTRICTIONS 2.1 The business owner and /or property owner shall ensure that a minimum of 23 parking spaces are maintained for the fitness gym use. 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 69 persons are allowed in the tenant space at any given time based on the required number of parking spaces at a ratio of 1 space for 3 persons. 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 Friday Saturday Sunday 6:00 a.m. to 9:00 p.m. 9 A.M. to noon 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. Conditions of Approval Exhibit A CUP 2013 -03 Page 3 (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 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 modify operations to be reviewed and approved by the Community Development Department and /or Public Works Department. Said operations /measures may include, but are not limited to, the following: a. Adjust hours of operation b. Reduce client enrollment C. Provide additional parking (1) 3.1 Accessible features are not illustrated in the submitted documents. At the time of permit application, plans must show the accessible features from parking spaces to and within the tenant space, per Section 113413.2. (1) 3.2 The number of bathroom fixtures must comply with the requirements specified in California Plumbing Code, Section 412. (1) 3.3 A professional designer will need to analyze the tenant space and building as a Group A -3 Occupancy use. At the time of building permit application, the plans shall comply with the current edition of the codes (2010 California Building Standards 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 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 Conditions of Approval Exhibit A CUP 2013 -03 Page 4 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. A