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HomeMy WebLinkAboutZA Action 13-013ZONING ADMINISTRATOR ACTION 13 -013 CONDITIONAL USE PERMIT 2013 -15 520 E. 1sT STREET, SUITE 5028 The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 2013 -15 was filed by Eldon Johns of Crunch Fitness, requesting authorization to establish and operate a fitness center within an existing 16,520 square -foot tenant space located at 520 E. 15t Street, Suite 502B in the Larwin Square shopping center. B. That the property is zoned First Street Specific Plan (SP10) and has a land use designation of Planned Community Commercial /Business within the General Plan, which provides for a variety of retail and service commercial uses including commercial recreation uses. The project is consistent with the Air Quality Sub - element of the City of Tustin General Plan. C. That in accordance with TCC Section 9299b(3)(f), the Zoning Administrator is authorized to consider minor conditional use permits for existing development where there would be no change of primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2013 -15 on December 16, 2013, by the Zoning Administrator. E. That the establishment, maintenance, and operation of the proposed fitness center 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 a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: 1) Commercial recreation facilities including tennis, racquetball, bowling, ice skating, athletic clubs and similar uses are conditionally permitted within the First Street Specific Plan and the proposed fitness center is similar to said uses. 2) All activities would occur entirely within the building. 3) Parking for the proposed use can be accommodated as there is an existing surplus of 104 parking stalls in the Larwin Square shopping center to accommodate the parking demand. Zoning Administrator Action 13 -013 Conditional Use Permit 2013 -15 Page 2 4) The proposed hours of operation are typical of a fitness center and are consistent with other uses within the center. 5) As conditioned, no noise impacts are anticipated. 6) As conditioned, Conditional Use Permit 2013 -15 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 2013 -15 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. F. That this project is categorically exempt pursuant to Section 15301, (Class 1) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby adopts Zoning Administrator Action No. 13 -013 approving Conditional Use Permit 2013 -15 authorizing the operation of a fitness center within an existing 16,520 square -foot tenant space located at 520 E. 1sT Street, Suite 502B in the Larwin Square shopping center, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 16th day of December, 2013. c %lam �ZN� ELIZABETH A. BINSACK ACTING ZONING ADMINISTRATOR IN `� ►11�,,� 1 • -� Zoning Administrator Action 13 -013 Conditional Use Permit 2013 -15 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, VERA TISCARENO, the undersigned, hereby certify that I am th of the Zoning Administrator of the City of Tustin, California; that Action No. 13 -013 passed and adopted at a regular meeting Administrator, held on the 16th day of December, 2013. e Recording Secretary Zoning Administrator of the Tustin Zoning EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2013 -15 520 E. 1sT STREET, SUITE 502B GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 16, 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 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 (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 2013 -15 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 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.6 Conditional Use Permit 2013 -15 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 2013 -15, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the applicant shall abate the nuisance or negative impact 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 Zoning Administrator Action 13 -013 Conditional Use Permit 2013 -15 Exhibit A Page 2 immediately upon notice by the City of Tustin. If deemed necessary, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit (1) 1.7 As a condition of approval of Conditional Use Permit 2013 -15, 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 the defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.9 Conditional Use Permit 2013 -15 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 the conditions of approval 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. USE RESTRICTIONS (1) 2.1 Business hours are limited to the following: 5:00 AM to 11:00 PM Daily Modifications to the hours of operation may be approved by the Community Development Director if it is determined that no impacts to the surrounding tenants or properties will occur. (1) 2.2 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. Zoning Administrator Action 13 -013 Conditional Use Permit 2013 -15 Exhibit A Page 3 * ** 2.3 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 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 client enrollment. c) Provide additional parking. d) Provide noise attenuation improvements. (1) 2.4 The project shall comply with the Tustin Noise Ordinance. The applicant and /or business owner shall maintain the rear exterior door, in the northwest corner of the tenant space, as an emergency exit door only in order to minimize noise impact to the surrounding residential area. (1) 2.5 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 Zoning Administrator. PLAN SUBMITTAL * ** 3.1 At plan check, the applicant shall submit an updated parking study in accordance with Tustin City Code Section 9264a for review and approval. * ** 3.2 The proposed health club /gym use would change the occupancy classification of the space to an assembly use which would be classified a Group A, Division 3 occupancy. Table 508.4 of the 2010 California Building Code requires a one -hour fire resistive barrier wall between the mercantile tenants and this assembly use. Section 508 addresses mixed use alternatives that can be utilized to show compliance with these requirements. The design must show compliance with Section 508 and any needed fire protection on the plans at time of building permit application submittal. Zoning Administrator Action 13 -013 Conditional Use Permit 2013 -15 Exhibit A Page 4 * ** 3.3 Section 3408.1of the California Building Code may require a structural seismic safety analysis /design. Any required seismic resistance modifications would be done prior to occupancy. If the occupant load exceeds 300, the structural Occupancy Category is III based on Table 1604.5. The existing building is Category II and therefore an analysis /design is required if the occupant load exceeds 300. Section 1004.1.1 allows the building official to establish an occupant load based on documentation of the actual number of occupants; therefore the established occupant load could be less than 300. An occupant load sign would be required to be posted per Section 1004.3 and the owner /manager would be responsible to adhere to this condition. (1) 3.4 At the time of building permit application, the plans shall comply with the latest edition of State and City of Tustin adopted codes: California Building Code, California Electrical Code, California Plumbing Code, City Ordinances, and State and Federal laws and regulations. The applicant shall note that the new California Building codes will take effect on January 1, 2014. (1), 3.5 Construction and Demolition Waste Recycling and Reduction Plan (5) (WRRP) a) The applicant/contractor may be required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50 percent of the project waste material. b) The applicant may be required to submit a fifty - dollar ($50.00) application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed 5 percent of the project's valuation. c) Prior to issuance of a permit, if WRRP is required, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin ". ORANGE COUNTY FIRE AUTHORITY (5) 4.1 Prior to issuance of any permits, the applicant apply for and obtain approval for architectural review (Service Codes PR200- PR285) and fire sprinkler system (Service Codes PR400- PR465), if required by the code or if the building is currently sprinklered and the system requires modification. Zoning Administrator Action 13 -013 Conditional Use Permit 2013 -15 Exhibit A Page 5 (5) 4.2 Prior to concealing interior construction, the applicant shall request and obtain approval for a fire alarm system (Service Codes PR500- PR520), if modified, provided voluntarily or required by code. FEES (1) 5.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building and Planning plan check and permit fees • Orange County Fire Authority fees (1,5) 5.2 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.