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HomeMy WebLinkAbout02 PC AGENDA REPORT CUP 2014-081'TY O AGENDA REPORT ��sz~ MEETING DATE: JULY 22, 2014 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT ITEM #2 SUBJECT: CONDITIONAL USE PERMIT 2014 -08, A REQUEST TO ESTABLISH A PRIVATE, INDOOR RECREATIONAL USE (ONE -ON -ONE PITCHING AND HITTING TRAINING) WITHIN AN EXISTING INDUSTRIAL OFFICE SPACE APPLICANT: KEVIN FRANCE TUSTIN STRIKE ZONE 4361 SKYLARK STREET IRVINE, CA 92604 PROPERTY OWNER: TUSTIN BUSINESS CENTER C/O HANK WEEKS 1400 QUAIL STREET. #105 NEWPORT BEACH, CA 92660 -2791 LOCATION: 2650 WALNUT AVENUE, SUITE A GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL /BUSINESS ZONING: PLANNED COMMUNITY INDUSTRIAL (PC IND) EXISTING LAND USE: INDUSTRIAL OFFICE COMPLEX ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15301, CLASS 1 REQUEST: TO ESTABLISH A PRIVATE ONE -ON -ONE INDOOR RECREATIONAL USE, INCLUDING PITCHING AND HITTING TRAINING, WITHIN AN EXISTING 1,872 SQUARE - FOOT TENANT SPACE LOCATED WITHIN A LIGHT INDUSTRIAL OFFICE COMPLEX PC Report July 22, 2014 CUP 2014 -08 Page 2 2650 Walnut Street, Suite A RECOMMENDATION: That the Planning Commission adopt Resolution No. 4261, approving the establishment of a private indoor recreation facility for one -on -one hitting and pitching training within an existing 1,872 square -foot tenant space located at 2650 Walnut Avenue, Suite A. APPROVAL AUTHORITY: Pursuant to Subsection C of Section VI of the Planned Community District Regulations for the Irvine Industrial Complex, Tustin, private indoor recreational facilities such as batting cages, dance studios, gymnastic studios, and martial arts studios are conditionally permitted. Section 9291c of the Tustin City Code gives the Planning Commission the authority to evaluate and grant requests for conditional use permits. BACKGROUND: Project Site and Surrounding Uses The property at 2650 Walnut Ave., Suite A is located within the Planned Community Industrial (PC IND) Zoning District and subject to the Irvine Industrial Complex, Tustin, Planned Community District Regulations. The General Plan designation is Planned Community Commercial /Business, which allows for light industrial and professional office uses. The subject property is located on the southerly corner of the intersection of Franklin Avenue and Walnut Avenue. The subject tenant space is located in a building in the southwest portion of the property (Figure 1). The project site is located in an existing PC Report July 22, 2014 CUP 2014 -08 Page 3 industrial office complex known as the Tustin Business Center and developed with eleven (11) single story buildings with approximately 157,000 square feet of tenant space. The Tustin Business Center was originally built as an industrial office complex for small industrial office businesses. The buildings have numerous store fronts, the tenant suites also have roll -up doors and the suites range from approximately 500 square feet to 2,000 square feet. Based on the recent tenant list provided by the property manager, approximately 146,480 square feet of tenant spaces in the center are comprised of office and industrial office businesses. Based on staff review, there are a total of 425 parking spaces in the center. In 1991, the Tustin City Council adopted Ordinance 1076 approving Zone Change (ZC) 91 -03 to amend the Irvine Industrial Complex Planned Community, allowing for private indoor recreational uses such as batting cages, dance studios, gymnastic studios and martial arts studios as conditionally permitted uses. A Negative Declaration was prepared in conformance with the California Environmental Quality Act (CEQA) and it was determined that there would not be a significant effect on the environment. These PC Report July 22, 2014 CUP 2014 -08 Page 4 "assembly type" uses were determined to be consistent with other industrial and commercial districts. Specific parking standards, consistent with those of other similar uses in the Zoning Code, were incorporated into the Planned Community text. PROJECT DESCRIPTION: Proposal The applicant is requesting approval to use the existing 1,872 square -foot tenant space for a one -on -one personal training facility that provides instruction on hitting and batting techniques for baseball and softball. The proposed floor plan consists of two (2) cages for training, one (1) reception area, one (1) office and one (1) restroom, as shown in the proposed floor plan (Figure 2). Figure 2 - Proposed Floorplan //C ^I1III110 IJ 1 0 Home Plate 10'X50' 10'x55' OPitching Mound 4' tall chain link O O flECEPTION OFFICE ' 1 u 1 b 1 �— PC Report July 22, 2014 CUP 2014 -08 Page 5 The batting cages would be approximately twelve (12) feet tall and made of prefabricated metal framing and netting. One cage would be approximately ten (10) feet wide by fifty (50) feet long. The other cage would be approximately ten (10) feet wide by fifty -five (55) feet long. Figure 3 shows a batting cage similar to the one proposed by the applicant. In addition, the applicant will install chain link fencing, which is four (4) feet tall, adjacent to and along the length of the cages; artificial turf; a home plate; and, pitching mound inside the cages. The proposed interior uses would comprise the tenant space as follows: Office 170 Reception 132 Cage 1 550 Cage2 500 Hallways, Restrooms 520 The applicant indicates that training activities would primarily include hitting and pitching instruction for children aged five (5) to fifteen (15) years old. Business Hours The proposed studio activities would be primarily scheduled during the afternoon, evenings and weekend, with training sessions lasting between fifteen (15) minutes to two (2) hours long. The applicant has proposed the following business hours: Day Time: Saturday & Sunday Monday - Friday 11:00 AM 4:00 PM 2:00 PM — 8:00 PM PC Report July 22, 2014 CUP 2014 -08 Page 6 ANALYSIS: Use and Compatibility The Planned Community Industrial (PC IND) zoning and the associated Planned Community District Regulations for the Irvine Industrial Complex allow less intensive uses such as offices and other support commercial uses, as well as more intensive uses such as manufacturing, assembly, warehousing, laboratories, and other light industrial uses. While offices and support commercial uses, such as the proposed one -on -one pitching and hitting training, can locate in various other zoning districts such as Professional Office (Pr) District and other commercially zoned properties (C1, C2 and CG); light industrial /manufacturing type of uses can only locate in properties zoned for Industrial /Manufacturing. The Tustin Business Center currently has a mix of businesses including: laboratories, offices, repair technicians, warehouse, wholesale, indoor recreational, printing and graphics and food service. The businesses in the center generally operate inside the buildings with no regular outdoor business activities and no outdoor storage areas. The applicant is aware of and accepts that more intensive uses are allowed to operate within the Tustin Business Center industrial office complex. The proposed use is essentially a batting cage use, for the purpose of developing and improving baseball and softball skills, and is conditionally permitted within the Planned Community District. As proposed, the training sessions start at 2:00 p.m. on the weekdays and 11:00 a.m. on the weekends. The applicant is the only instructor and would have no more than two (2) students at a time. The weekday schedule coincides with the end of the school day and training sessions would essentially be an afterschool activity. The majority of the proposed business hours occur after 5:00 p.m. or on the weekends when most other businesses in the complex are closed, which has the effect of reducing the chances of use conflicts between the industrial office uses and the proposed business. With respect to the proposed site, the center was developed as an industrial office complex in the late 1970s. The proposed use would be located in a space that was once occupied by an electronics business. Over the years, some nonindustrial office uses have been established in the center such as dance studios, eateries and martial arts studios. Currently, the center has approximately 10,520 square feet of nonindustrial office uses, or about 6.7 percent of the center's total tenant space. The addition of the proposed one -on -one personal training use would bring the total nonindustrial uses to approximately 12,392 square feet, or 7.9 percent. In other words, about 92 percent of the Tustin Business Center is being maintained with its original intended uses in that a large majority of the tenant space is still being used as office and industrial office space, and that there is minimal shift away from the industrial office land use. Approval of the proposed project would not significantly or fundamentally change the original purpose and use of the Tustin Business Center. PC Report July 22, 2014 CUP 2014 -08 Page 7 Noise According to the applicant, training sessions for hitting would involve using plastic batting cage balls that generate little noise when hit. Training sessions for pitching would involve real baseballs and softballs; however noise generated from this activity is not anticipated to be disruptive. As conditioned, the applicant is required to comply with the Tustin Noise Ordinance, which may involve installing sound attenuation material in order to dampen noise generated by the training activities. In addition, the subject tenant space is the end unit of the building located at 2650 Walnut Avenue and only has one (1) unit, Unit B, adjacent to it. According to the centers property manager, Unit B is currently vacant but a new lease agreement is being finalized and that an industrial office business will occupy the space. Should a noise problem arise in the future, staff has provided Condition 1.8, which may require the applicant to implement noise mitigation if it is deemed that negative impacts are occurring in violation of City regulations and conditions of approval. Parking In accordance with the Planned Community District Regulations for the Irvine Industrial Complex, one (1) parking space is required for every three (3) persons. According to the parking summary provided by the property manager, the tenant space is allotted 3.3 parking stalls, which would allow for a maximum nine (9) persons within the tenant space at any given time, including instructors and employees. The applicant anticipates that business operations will generate a very low volume of people attending the training sessions. The applicant is expecting students to be driven by parents to the training facility and some parents may elect to stay during the training session. Since there would be no more than two (2) students at a time, no parking problem is anticipated to result from the proposed use. Should a parking problem arise in the future, staff has provided Condition 1.8, which would allow review of the Conditional Use Permit (CUP) and require additional mitigation measures. Given the small number of individuals (one (1) instructor, two (2) students and waiting parents), there would be a low volume of people in the tenant space, and therefore would not likely generate negative impacts to the surrounding tenants from foot traffic, parking availability and noise. ENVIRONMENTAL: This project is categorically exempt from further environmental review pursuant to CEQA Section 15301, Class 1, "Existing Facilities" in that the project site is an existing facility, PC Report July 22, 2014 CUP 2014 -08 Page 8 involves minor alterations to the structure and negligible expansion to an existing industrial office center use. FINDINGS: In determining whether to approve the CUP for the one -on -one hitting and pitching training facility, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, 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. A decision to approve this request may be supported by the following findings: 1) Subsection C of Section VI of the Planned Community District Regulations for the Irvine Industrial Complex, allows private indoor recreational facilities such as batting cages, dance studios, gymnastic studios, and martial arts studios as conditionally permitted uses. The proposed hitting and pitching training facility is similar to a batting cage facility in which patrons would develop and improve their baseball and softball skills. 2) The proposed one -on -one hitting and pitching training facility is located in a large multi- tenant industrial office complex and potential conflicts between the use and other tenants is not anticipated based on the conditions to be imposed, the subject unit is the end unit with only one (1) unit adjacent to it, and that most of the activities are scheduled in the afternoon, after normal business hours and during the weekend. As conditioned, the number of occupants, types of activities and hours of operation would be compatible with the neighboring light industrial and office uses, and the applicant would be required to notify the City of any changes to the use of the facility. 3) The proposed use with the anticipated two (2) students and one (1) instructor at any given time, as conditioned, would not result in any parking impacts because the maximum number of occupants will be limited to nine (9) persons at any given time based upon the parking ratio of one (1) parking space per every three (3) persons, and the 3.3 parking spaces allotted to the tenant space. In addition, a transition period would be provided between training sessions. 4) As conditioned, no noise impacts are anticipated as all training activities shall be conducted entirely within the building and would be required to comply with the City's Noise Ordinance. 5) As conditioned, CUP 2014 -08 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 CUP 2014 -08 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have PC Report July 22, 2014 CUP 2014 -08 Page 9 the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. 6) The proposed use would not have any aesthetic impacts to the area since no exterior modifications are proposed. 7) The City's Public Works Department, Police Department and Building Division have reviewed and support the development of the proposed project, as conditioned. 8) The applicant understands that the Planned Community Industrial (PC IND) zoning of the property allows uses such as manufacturing, assembly, warehousing, laboratories, and other light industrial uses and does not object to these more intensive uses operating in close proximity to the training facility. 'eFaV •As Edmelyn e V. Hutter Senior Planner Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Resolution No. 4261 Elizabeth A. Binsack Director of Community Development ATTACHMENT A LOCATION MAP LOCATION MAP CUP 2014 -08 2650 WALNUT AVE, SUITE A fr PEPPER TREE .\ hq.'- if EAST INDUSTRIAL q r AREA 4;p :. y Vi Pr 300' PROJECT SITE 1 v , j.CJ ,•500' � , Even,.;, G.Q" Op' �Y • \. op ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2014 -08 2. LOCATION: IRVINE INDUSTRIAL COMPLEX 3. ADDRESS: 2650 WALNUT AVENUE, SUITE A 4. APN(S):432- 492 -31 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: NONE PERTAINING TO TENANT 6. SURROUNDING LAND USES: NORTH: INDUSTRIAL /OFFICE SOUTH: INDUSTRIAL /OFFICE EAST: INDUSTRIAL /OFFICE WEST: INDUSTRIAL /OFFICE 7. SURROUNDING ZONING DESIGNATION: NORTH: PC IND - PLANNED COMMUNITY INDUSTRIAL SOUTH: PC IND - PLANNED COMMUNITY INDUSTRIAL EAST: PC IND- PLANNED COMMUNITY INDUSTRIAL WEST: PC COMM -PLANNED COMMUNITY COMMERCIAL S. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PC COMMERCIAL /BUSINESS SOUTH: PC COMMERCIAUBUSINESS EAST: PC COMMERCIAL /BUSINESS WEST: PC COMMERCIAL /BUSINESS 9. SITE LAND USE: A. EXISTING: INDUSTRIAL /OFFICE /SUPPORT COMMERCIAL B. PROPOSED: SAME C. GENERAL PLAN: PC COMMERCIAL /BUSINESS PROPOSED GP: SAME D. ZONING: PC IND PROPOSED ZONING: SAME DEVELOPMENT FACTS: 10. LOT AREA: 10.2 ACRES APPROX. 11, PARKING: 425 PROVIDED STALLS; NO CHANGE TO PARKING 12. TENANT IMPROVEMENTS: NONE F-11 e ufroffiri iI, kto] SUBMITTED PLANS 1 11 17L Home Plate OPitching Mound 4' tall chain link ATTACHMENT D PLANNING COMMISSION RESOLUTION NO. 4261 RESOLUTION NO. 4261 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2014 -08 AUTHORIZING THE ESTABLISHMENT AND OPERATION OF A PRIVATE INDOOR RECREATIONAL USE FOR A ONE -ON -ONE PERSONAL TRAINING FACILITY FOR HITTING AND PITCHING TECHNIQUES. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2014 -08 was filed by Kevin France of Tustin Strike Zone, requesting authorization to establish and operate a one -on -one personal training facility for hitting and pitching instruction within an existing 1,872 square foot tenant space located at 2650 Walnut Avenue, Suite A. B. That the Irvine Industrial Complex Planned Community District regulations and the Planned Community Commercial /Business General Plan land use designation provide for a variety of commercial and industrial uses. 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. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2014 -08 on July 22, 2014, by the Planning Commission. D. 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, 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: 1) Subsection C of Section VI of the Planned Community District Regulations for the Irvine Industrial Complex, allows private indoor recreational facilities such as batting cages, dance studios, gymnastic studios, and martial arts studios as conditionally permitted uses. The proposed hitting and pitching training facility is similar to a batting cage facility in which patrons would develop and improve their baseball and softball skills. 2) The proposed one -on -one hitting and pitching training facility is located in a large multi- tenant industrial office complex and potential conflicts between the use and other tenants is not anticipated based on the conditions to be imposed, the subject Resolution No. 4261 Page 2 unit is the end unit with only one (1) unit adjacent to it, and that most of the activities are scheduled in the afternoon, after normal business hours and during the weekend. As conditioned, the number of occupants, types of activities and hours of operation would be compatible with the neighboring light industrial and office uses, and the applicant would be required to notify the City of any changes to the use of the facility. 3) The proposed use with the anticipated two (2) students and one (1) instructor at any given time, as conditioned, would not result in any parking impacts because the maximum number of occupants will be limited to nine (9) persons at any given time based upon the parking ratio of one (1) parking space per every three (3) persons, and the 3.3 parking spaces allotted to the tenant space. In addition, a transition period would be provided between training sessions. 4) As conditioned, no noise impacts are anticipated as all training activities shall be conducted entirely within the building and would be required to comply with the City's Noise Ordinance. 5) As conditioned, CUP 2014 -08 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 CUP 2014 -08 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 CUP. 6) The proposed use would not have any aesthetic impacts to the area since no exterior modifications are proposed. 7) The City's Public Works Department, Police Department and Building Division have reviewed and support the development of the proposed project, as conditioned. 8) The applicant understands that the Planned Community Industrial (PC IND) zoning of the property allows uses such as manufacturing, assembly, warehousing, laboratories, and other light industrial uses and does not object to these more intensive uses operating in close proximity to the training facility. E. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Resolution No. 4261 Page 3 II. The Planning Commission hereby approves CUP 2014 -08 authorizing the establishment and operation of a one -on -one personal training facility located within an existing 1,872 square foot tenant space located at 2650 Walnut Avenue, Suite A, 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 22nd day of July, 2014. JEFF R. THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4261 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of July, 2014. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4261 CONDITIONAL USE PERMIT 2014 -08 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped July 22, 2014, 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 (TCC). (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 and associated fee are received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 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) 1.4 Approval of Conditional Use Permit (CUP) 2014 -08 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 issuance of an administrative citation pursuant to TCC 1162(a). (1) 1.6 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) 1.7 CUP 2014 -08 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community 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 Exhibit A Resolution No. 4261 CUP 2014 -08 Page 2 Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with CUP 2014 -08, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.8 If in the future the City's Community Development Director, Police Chief, and /or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and /or Public Works Department may require that the applicant 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, Police Chief, and /or Public Works Department. Said mitigation measures may include, but are not limited to, the following: (a) Adjust hours of operation. (b) Reduce the number of instructors and /or students. (c) Provide additional parking. (d) Provide noise attenuation. (1) 1.9 As a condition of approval of CUP 2014 -08, 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. USE RESTRICTIONS (1) 2.1 The Irvine Industrial Complex Planned Community District Regulations require a parking ratio for private, indoor, recreational uses of one (1) parking space per three (3) persons. The maximum number of students, instructors, other staff and parents /guardians present at any one time shall not exceed a total of nine (9) persons, in compliance with the parking Exhibit A Resolution No. 4261 CUP 2014 -06 Page 3 requirements and the three (3) parking spaces allotted to the tenant space. Should additional parking spaces be provided to the tenant space, 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. (1) 2.2 Training facility activities may include private one -on -one training for baseball and softball skills such as hitting, pitching, fielding and catching techniques. Open houses, training exhibitions, or other similar events that might be attended by more than nine (9) persons at any one time shall require the approval of the Director of Community Development and may require the approval of a temporary use permit. (1) 2.3 The hours of business operation shall be from 2:00 p.m. to 8:00 p.m., Monday through Friday and 11:00 a.m. to 4:00 p.m., 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. (1) 2.4 Class sessions shall be concluded with sufficient time for attendees of the prior session to vacate the site prior to arrival of attendees of the next session. (1) 2.5 No loitering outside the tenant suite shall be allowed. Training facility attendees shall remain inside while waiting for instruction or to be picked up. Staff members shall supervise and be responsible for waiting attendees. (1) 2.6 All activities shall comply with the City's Noise Ordinance. (1) 2.7 No signs or other forms of advertising or attraction may be placed on the site without approval from the Community Development Department. (1) 2.8 The applicant shall be required to notify the City of any changes to the use of the facility. BUILDING (3) 3.1 The applicant shall provide an exit gate with a minimum thirty-six (36) inch width at both ends of each batting cage and provide and maintain required emergency egress, subject to review and approval of the Community Development Department. (1) 3.2 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 Exhibit A Resolution No. 4261 CUP 2014 -08 Page 4 Code, California Electrical Code, California Plumbing Code, City Ordinances, and State and Federal laws and regulations. FEES (2) 4.1 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.