Loading...
HomeMy WebLinkAboutPC RES 4261RESOLUTION 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: 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 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. Nal 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 Altowaiji, Kozak, Lumbard, Smith, Thompson (5) 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 -08 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.