HomeMy WebLinkAbout02 PC REPORTAGENDA REPORT
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MEETING DATE: AUGUST 26, 2014
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
ITEM #2
SUBJECT: USE DETERMINATION 2014 -02 AND CONDITIONAL USE PERMIT
2014 -03 TO ESTABLISH A 6,000 SQ. FT. RECREATIONAUSPORT FOIL
FENCING CENTER AT 1652 EDINGER AVENUE, SUITE B IN AN
EXISTING TENANT SPACE OF AN INDUSTRIAL OFFICE COMPLEX
APPLICANT: G -TEAM, INC.
GFC
6789 QUAIL HILL PARKWAY, #405
IRVINE, CA 92603
PROPERTYOWNER: SKB- TUSTIN, LLC
STREAM REALTY PARTNERS
16842 VON KARMAN AVENUE, SUITE 275
IRVINE, CA 92603
LOCATION: 1652 EDINGER AVENUE, SUITE B
GENERAL PLAN: INDUSTRIAL (1)
ZONING: INDUSTRIAL (M)
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: USE DETERMINATION (UD) 2014 -02 AND CONDITIONAL
USE PERMIT (CUP) 2014 -03 TO ESTABLISH A 6,000 SQ.
FT. RECREATIONAUSPORT FOIL FENCING CENTER AT
1652 EDINGER AVENUE, SUITE B IN AN EXISTING
TENANT SPACE OF AN INDUSTRIAL OFFICE COMPLEX
PC Report
August 26, 2014
CUP 2014 -03
Page 2
1652 EDINGER AVENUE, SUITE B
RECOMMENDATION:
That the Planning Commission adopt Resolution Nos. 4262 and 4264, approving the
establishment of a 6,000 sq. ft. recreational /sport foil fencing center at 1652 Edinger
Avenue, Suite B in an existing tenant space of a light industrial office complex.
APPROVAL AUTHORITY:
Pursuant to Section 9298b and 9291c of the Tustin City Code (TCC), the Planning
Commission has the authority to evaluate and grant requests to determine that a use is
similar in character to the particular uses or plans allowed in the district and to consider
application for CUPs.
BACKGROUND:
Project Site and Surrounding Uses
The property at 1652 Edinger Avenue, Suite B is located within the Industrial (M) Zoning
District. The General Plan designation is Industrial, which allows for a mix of light
industrial, office and service commercial uses. Pursuant to TCC 9242b, conditionally
permitted uses for this district include schools for professional, instructional, motivational,
vocational and /or seminar uses.
The Tustin Business Park (the Center) consists of approximately 242,000 square feet of
office, warehouse, and manufacturing uses on a site of 31.4 acres. The Center was
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August 26, 2014
CUP 2014 -03
Page 3
developed as an industrial office complex in the mid- 1970s. There are three (3) use
permits on file for the subject properties. Use Permit 75 -10 was approved on April 14,
1975 to allow for the development of private storage units. On October 17, 1994, the City
of Tustin (the City) Zoning Administrator approved CUP 94 -021 to allow for office uses
exceeding 50% of their floor area. CUP 99 -029 was approved by the City's Planning
Commission on February 14, 2000 to allow for a church use located at 15102 Red Hill
Avenue.
The subject property is located on the southeast corner of the intersection of Edinger
Avenue and Red Hill Avenue (Figure 1).
The Center was originally built as an industrial office complex for small industrial office
businesses and contains 15 buildings. The buildings have numerous store fronts and
the tenant suites also have roll -up doors at the rear of each space. The subject tenant
space is 6,000 square feet located in building 15 which is amulti- tenant building at the
east portion of the property (Figure 2).
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August 26, 2014
CUP 2014 -03
Page 4
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PROJECT DESCRIPTION:
Proposal
The applicant is requesting approval to use the existing 6,000 square -foot tenant space for
the Golubitsky Fencing Center (GFC) which offers competitive foil fencing. The GFC is an
international foil fencing center inspired by Sergei Golubitsky. Sergei is the only foilist in
fencing history to win three (3) consecutive individual World Championships and five (5)
overall World Cup Championships. He has participated in three (3) Olympics and he won
the Silver Medal in 1992.
The GFC was established by a group of avid fencers who have fenced their entire lives
and have children who are actively competing in United States Fencing Association
(USFA) sanctioned fencing tournaments. GFC's goal is to provide world class coaching
and training for competitive fencers of all ages. The GFC offers memberships and
currently has approximately 30 members. They anticipate that they may increase their
membership to 80.
Figure 3 — Tenant Space Layout
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WALKWAY RAMP
ENTRANCE
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August 26, 2014
CUP 2014 -03
Page 5
Figure 3 (cont.) — Tenant Space Layout
FENCING AREA - LEFT
LOOKING TOWARD OFFICE AREA
FENCING AREA - MIDDLE
FENCING AREA - RIGHT
AW
ACCESSIBLE RESTROOM
It should be noted that the G FC is currently operating at this location and was notified of
the need to obtain a UD and CUP through the business license application process. The
applicant has been working with staff through the submittal process to obtain the
appropriate approvals in order to continue operation at this location.
Hours of Operation
Hours of operation are after 5:00 PM on weekdays and typically in the mornings on
weekends.
• Beginner /Introductory classes (children under 13): Monday &Thursday from 6:00
PM to 8:00 PM
• Competitive Classes (Teens ages 13 to 17 &adults): Tuesday, Wednesday &
Friday: 5:00 PM to 8:30 PM
• Saturday: 9:00 to 11:00 AM
• Saturday afternoon and Sunday: Typically closed; occasional private lessons
requiring advanced reservations.
Class Sizes
Class sizes at start -up will be smaller, and will increase as the business grows. Current
class size is six (6) to ten (10) people for lessons. The typical future class size might
consist of ten (10) to sixteen (16) people for lessons. Based on the facility, a maximum
potential future class size would be up to 36 people for lessons.
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August 26, 2014
CUP 2014 -03
Page 6
Tournaments
Local and Regional USFA sanctioned tournaments are typically held at Cal State Long
Beach, where tournament related facilities and adequate parking are available. The GFC
does not intend to hold tournaments that would draw large numbers of people. If a
tournament is held with GFC members, or with other local fencing centers, it would
typically be held on a weekend when other uses in the complex are closed.
ANALYSIS:
Use and Compatibility
The Industrial (M) District allows industrial uses such as manufacturing, assembly,
warehousing, laboratories, and other light industrial uses. Other uses such as offices and
other support commercial uses, including instructional schools, are conditionally permitted.
The Center currently has a mix of businesses including: Laboratories, offices, repair
technicians, warehouse, wholesale, printing and graphics and internet sales. The
businesses in the Center 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 Center industrial office complex by right.
The operational hours schedule complements the existing businesses within the Center in
that the proposed GFC business hours occur after 5:00 p.m. or on the weekends when
most other businesses in the complex are closed. This has the effect of reducing the
chances of use conflicts between the industrial office uses and the proposed business.
The proposed recreational /sport facility 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 the church use, financial services and insurance
brokers, and a bank. The GFC recreational /sport use would occupy 2.5% of the overall
square footage of the Center and is anticipated to provide a balance in use mainly with
hours of operation.
Noise
As with many recreational /sport uses, the noise will be generated by people who are
training; however, this is mainly from people and not mechanized equipment. 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.
Should a noise problem arise in the future, staff has provided Condition 1.8, which may
require the applicant to implement additional noise attenuation measures if it is deemed
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August 26, 2014
CUP 2014 -03
Page 7
that negative impacts are occurring in violation of City regulations and conditions of
approval.
Parking
The CUP amendment (CUP 09 -021 approved by the Planning Commission June 9,
2009) approved an increase in office square footage and an additional 31 on -site
parking spaces along Parkway Loop which is a private street that provides access to the
Center. The additional 31 parking spaces brought the total number of parking spaces at
the Tustin Business Center to 606 parking spaces.
Figure 4 shows the Center's square footage by use and the required number of parking
spaces based on the parking ratios required by Tustin City Code Section 9263(g).
riaure 4
Zoning Allocation Per
Land Use
Ratio
GFA
Parking
Required
TOTAL
PARKING
PROVIDED
Office (first 25,000 sf)
1 :250
251000
100
Office (over 25,000 sf)
1:300
105,084
350
Subtotal - Office
130,084
450
Subtotal - Warehouse
90, 875
91
_ _..... _ _ _ , _ .__ . _ ... _. __...
MFG/RD/Lab/Tech
_ _ _ _.. _._ _ . _ _
1 :500
15,082
30
Subtotal -
15,082
30
MFG/R&D/Lab/Tech
Proposed recreation/
1: instructor
6,000
16
sport use
1: 3
students
TOTALS
2425041
587
606
Parking requirements for the proposed use is based upon Section 9263.g of the TCC for
"Studios for dance, art, martial arts, one -on -one personal fitness; tutoring facilities ", which
requires one (1) space for each instructor plus one (1) space for each three (3) students
present at any one time. The recreation /sport facility would be limited to a maximum of four
(4) instructors and thirty -six (36) students. This would require sixteen (16) parking spaces.
Based upon the TCC parking requirements for the specific uses, there are a total of 587
required parking spaces. Given there are a total of 606 existing stripped parking spaces,
there is adequate parking for the proposed use. Furthermore, the hours of operation are
generally during the hours that other businesses within the Center are not operating.
Typical class sizes include six (6) to ten (10) students for lessons. Future class sizes are
anticipated to be approximately ten (10) to sixteen (16) students attending lessons and the
maximum potential for future classes would be thirty -six (36) students. Given the hours of
operation, which typically occur after the hours of the surrounding businesses and the
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August 26, 2014
CUP 2014 -03
Page 8
limited number of individuals during training sessions, it is anticipated there would be a low
volume of people in the 6,000 square foot tenant space, and therefore would not generate
negative impacts to the surrounding tenants from foot traffic, parking availability and noise.
Should a parking problem arise in the future, staff has provided Condition 1.3, which would
allow review of the CUP and may require additional on -site modifications.
Use Determination (UD) Findings (Resolution No. 4262):
The proposed recreational /sport facility use is not specifically listed as a permitted or
conditionally permitted use within the Industrial (M) District. Therefore, it is necessary that
the Planning Commission determine whether or not the use is similar in character to the
particular uses or plans allowed in the district. In this case, the proposed recreational /sport
facility use may be determined to be similar to instructional schools which are conditionally
permitted in this district. Similarities in the uses include parking, hours of operation, and
instructor -led classes. A decision to approve the UD may be supported by the following:
1. Effect upon the public health, safety and general welfare of the neighborhood
involved and the City at large.
Recreational /sport facility use in the Industrial (M) District is not anticipated to
create negative impacts on the public health, safety and general welfare of the
neighborhood in that the use will be considered on a case by case basis with the
approval of a CUP and is required to provide sufficient parking, the hours of
operation are typically not at the same time as other uses, and the maximum
potential class sizes may be limited.
2. Effect upon traffic and parking conditions.
Parking requirements for recreational uses must be met prior to conditional
approval. This may include requirement for parking and traffic analysis studies to be
submitted and conditions to be included so as to prevent future negative impacts
generated by the use.
3. Effect upon the orderly development of the area in question and the City at large, in
regard to the general planning of the whole community.
TCC requires all uses be conducted within a building. Accordingly, all activities of a
recreational /sport facility must be operated inside of the existing building and
parking or traffic impacts associated with the business based upon the hours of
operation and the location of which the use would be located would be reviewed
and conditioned prior to approval. Therefore, adherence to the TCC would ensure
this type of use will not have an adverse effect upon the orderly development of the
area or the City, and does not set any type of general zoning precedent that could
PC Report
August 26, 2014
CUP 2014 -03
Page 9
have an adverse effect on the community as a whole.
4. All other pertinent facts
Recreational /sport facility uses typically avoid peak hour traffic conditions because
classes are scheduled on weekday evenings and on weekends. Therefore, typical
peak hour traffic generated for these types of uses would occur at off -peak times.
Conditional Use Permit (CUP) Findings (Resolution No. 4264):
In determining whether to approve the CUP for the recreational /sport foil fencing 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. A decision to approve this request may be supported by the following findings:
1. The Industrial (M) District allows industrial uses such as manufacturing,
assembly, warehousing, laboratories, and other light industrial uses. Uses such
as offices and other support commercial uses, including instructional schools, are
conditionally permitted subject to the approval of a CUP. The proposed
recreational /sports foil fencing facility is similar to an instructional school in that
the proposed use operates in the same manner as other instructional uses
whereby each class is taught by an instructor and multiple students and that the
traffic and parking needs are similar with such use.
2. The proposed GFC 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 hours of operation which are typically after normal
business hours, adequate parking provided, and the conditions to be imposed.
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. As conditioned, no noise impacts are anticipated in that all training activities shall
be conducted entirely within the building and would be required to comply with
the City's Noise Ordinance.
4. As conditioned, CUP 2014 -03 may be reviewed by the Community Development
Director, if necessary, to ensure compatibility with surrounding uses. If the use is
not operated in accordance with CUP 2014 -03 or is found to be a nuisance or
negative impacts are affecting the surrounding uses, the Community Development
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August 26, 2014
CUP 2014 -03
Page 10
Director would have the authority to impose additional conditions to eliminate the
nuisance or negative impacts or may initiate proceedings to revoke the CUP.
5. The proposed use would not have any aesthetic impacts to the area since no
exterior modifications are proposed.
6. The City's Public Works Department, Police Department and Building Division
have reviewed and support the development of the proposed project, as
conditioned.
7. The applicant understands that the Industrial (M) 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.
Environmental Review:
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,
involves minor alterations to the structure and negligible expansion to an existing industrial
office center use.
Amy Ston �P
Senior Planner
r �-r
Elizabeth A. Binsack
Director of Community Development
Attachments:
1. Location Map
2. Land Use Fact Sheet
3. Project Site Exhibits
A. Aerial site plan
B. Building identification site plan
C. Aerial of Building 15 and surrounding parking
4. Submitted Plans
5. Resolution No. 4262 — Use Determination
6. Resolution No. 4264 — CUP 2014 -03
ATTACHMENT 1
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ATTACHMENT 2
LAND USE APPLICATION FACT SHEET
1 LAND USE APPLICATION
NUMBER(S)
2 LOCATION:
3 ADDRESS:
4 PARCEL MAP:
5 APN(S):
6 PREVIOUS OR CONCURRENT
APPLICATION RELATING TO
THIS PROPERTY:
7 SURROUNDING LAND USES:
8 SURROUNDING ZONING
DESIGNATION:
9 SURROUNDING GENERAL
PLAN DESIGNATION:
10 SITE LAND USE:
1
Conditional Use Permit 2014 -03
Southeast corner of Edinger Avenue and Red Hill Avenue
1652 Edinger Ave, Ste. B, Tustin
PM 64 -39
430 - 282 -22
Use Determination 2014 -02
North: Industrial /Commercial
South: High School Admin facilities
East: Residential
West: Industrial
North: Industrial (M) District
South: MCAS Tustin Specific Plan
East: MCAS Tustin Specific Plan /PC Residential
West: Pacific Center East Specific Plan
North: Industrial
South: MCAS Tustin Specific Plan
East: PCR- Planned Community Residential /MCAS Tustin
Specific Plan
West: PCCB — Planned Community Commercial Business
Existing: Industrial office complex — formerly occupied by an
electronics business
Proposed: recreational /sports facility
General Plan: Industrial
Zoning: Industrial (M) District
PROPOSED GP: Same
LAND USE APPLICATION FACT SHEET
DEVELOPMENT FACTS:
11 SITE AREA
12 BUILDING LOT COVERAGE
13 SITE LANDSCAPING
14 OPEN SPACE:
15 PARKING
16 BUILDING HEIGHT:
17 BUILDING SETBACKS
18 OTHER UNIQUE CONDITIONS
ASSOCIATED TO THE
PROPERTY (I.E. SPECIAL
STUDY ZONES, EASEMENTS,
ETC.)
2
PROPOSED ZONING: Same
31.4 acres
MAX. PERMITTED
PROPOSED
Established (to remain)
Established (to remain)
REQUIRED: 180
PROPOSED: 186
MAXIMUM: No change
PROPOSED: No Change
FRONT REQUIRED PROPOSED
SIDE: No Changes
REAR: No changes
UP 75 -10, CUP 99 -029, ZAA 94 -011
ATTACHMENT 3
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The Planning Commission does hereby resolve as follows:
1. The Planning Commission finds and determines as follows:
A. That a proper application for Conditional Use Permit (CUP) 2014-03
was filed by G-Team Inc., of Golubitsky Fencing Center (GFC),
requesting authorization to establish and operate a recreational/sport
facility for foil fencing within an existing 6,000 square foot tenant space
in the Tustin Business Park (formerly Koll Center) located at 1652
Edinger Avenue, Suite B.
B. That the proposed use is not listed as a permitted, conditionally
permitted, or prohibited use within the Industrial (M) District regulations.
Therefore, a UD 2014-02 is necessary to determine if the proposed use
would be permitted, conditionally permitted, or prohibited in this district.
C. That a public hearing was duly called, noticed, and held for UD 2014-02
in conjunction with CUP 2014-03 on August 26, 2014, by the Planning
Commission.
D. That pursuant to Section 9298b of the Tustin City Code {TCC), the
Planning Commission is authorized to determine whether or not the use is
similar in character to the particular uses or plans allowed in the (M)
district. In this case, the proposed recreational/sport facility use may be
determined to be similar to instructional schools, which are conditionally
permitted in this district. Similarities in the uses include parking, hours of
operation, and instructor-led classes. A decision to approve the request
may be supported by the following findings:
1. Effect upon the public health, safety and general welfare of the
neighborhood involved and the City at large.
Recreational/sport facility use in the Industrial (M) District is not
anticipated to create negative impacts on the public health,
safety and general welfare of the neighborhood in that the use
will be considered on a case by case basis with the approval of a
CUP and is required to provide sufficient parking, the hours of
operation are typically not at the same time as other uses, and
the maximum potential class sizes may be limited.
Resolution Ro. 426.J,
UD 2014-02
.Wlage 2
Parking requirements for recreational uses must be met prior to
conditional approval. This may include requirement for parking
and traffic analysis studies to be submitted and conditions to be
included so as to prevent future negative impacts generated by
the use.
3. Effect upon the orderly development of the area in question an
the City at large, in regard to the general planning of the whol
community. I
TCC requires all uses be conducted within a building.
Accordingly, all activities of a recreational/sport facility must be
operated inside of the existing building and parking or traffic
impacts associated with the business based upon the hours of
operation and the location of which the use would be located
would be reviewed and conditioned prior to approval. Therefore,
adherence to the TCC would ensure this type of use will not
have an adverse effect upon the orderly development of the area
or the City, and does not set any type of general zoning
precedent that could have an adverse effect on the community
as a whole.
4. All other pertinent facts
Recreational/sport facility uses typically avoid peak hour traffic
conditions because classes are scheduled on weekday evenings
and on weekends. Therefore, typical peak hour traffic generated
for these types of uses would occur at off -peak times.
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).
11. The Planning Commission hereby approves UD 2014-02 to establish
recreational/sport facilities as a conditionally permitted use within th;�
Industrial (M) District.
Resolution No. 4262
UD 2014-02
Page 3
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting on the 2 th day of August, 2014.
6
JEFF R. THOMPSON
Chairperson
ELIZABETH A. BINSACK
'."'Ianning Commission SecretaN
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. 4262 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission, held
on the 26th day of August, 2014.
ELIZABETH A. BINSACK
Planning Commission Secretary
� t �
1MCM010111
The Planning Commission does hereby resolve as follows:
1. The Planning Commission finds and determines as follows:
A. That a proper application for CUP 2014-03 was filed • G-Team
of Golubitsky Fencing Center (GFC), requesting authorization to
establish and operate a recreational/sport facility for foil fencing within
an existing 6,000 square foot tenant space in the Tustin Business Park
(formerly Koll Center) located at 1652 Edinger Avenue, Suite B.
B. That the Planning Commission approved Resolution No. 4262 for Use
Determination (UD) 2014-02 to establish recreational /sport facilities as
a conditionally permitted use within the Industrial (M) District.
C. That a public hearing was duly called, noticed, and held for CUP 2014-
03 in conjunction with UD 2014-02 on August 26, 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 (the City) in that:
1. The Industrial (M) District allows industrial uses such as
manufacturing, assembly, warehousing, laboratories, and other
light industrial uses. Uses such as offices and other support
commercial uses, including instructional schools, are
conditionally permitted subject to the approval of a CUP. The
proposed recreational/sports foil fencing facility is similar • •
instructional school in that the proposed use operates in the
same manner as other instructional uses whereby each class is
taught by an instructor and multiple students and that the traffic
and parking needs are similar with such use.
2. The proposed GFC 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 hours of
operation which are typically after normal business hours,
adequate parking provided, and the conditions to be imposed.
Resolution No. 4264
CUP 2014-02
Page 2
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 th6 facility.
3. As conditioned, no noise impacts are anticipated in that all
training activities shall be conducted entirely within the building
and would be required to comply with the City's Noise
Ordinance.
4. As conditioned, CUP 2014-03 may be reviewed by the
Community Development Director, if necessary, to ensure
compatibility with surrounding uses. If the use is not operated
in accordance with CUP 2014-03 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.
5. The proposed use would not have any aesthetic impacts to the
area since no exterior modifications are proposed.
ii. The City's Public Works Department, Police Department and
Building Division have reviewed and support the development
of the proposed project, as conditioned.
7. The applicant understands that the Industrial (M) 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.
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 CUP 2014-03 authorizing the
establishment and operation of a recreational/sport facility for foil fencing
within an existing 6,000 square foot tenant space in the Tustin Business Park
(formerly Koll Center) located at 1652 Edinger Avenue, Suite B, subject to
the conditions contained within Exhibit A attached hereto.
Resolution No. 4264
CUP 2014-02
Page 3
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting • the 26 th day • August, 2014.
JEFF R. THOMPSON
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA
COUNTY • 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. 4264 was duly passed and
adopted at a regular meeting of the Tustin Planning Commission, held on the 26 th day of
August, 2014.
tLIZABETH A. BINSACK
'011anning Commission Secretary
EXHIBIT A
RESOLUTION NO. 4264
CONDITIONAL USE PERMIT 2014-03
CONDITIONS OF APPROVAL
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1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped August 26, 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 • 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 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.
1.4 Approval of Conditional Use Permit (CUP) 2014-03 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 • 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).
1.6 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 2014-03 may be reviewed, if necessary, by the Community
Development Director to ensure compatibility with surrounding uses. If the
(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. 4264
CUP 2014-03
Page 2
use is not operated in accordance with CUP 2014-03 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.
(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
additional attenuation measures or on-site modifications 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.
11) 1.9 As a condition of approval of CUP 2014-03, 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.
USE RESTRICTIONS
(1) 2.1 The maximum number of students, instructors, other staff and
parents/guardians present at any one time shall not exceed forty (40)
persons (maximum of 4 instructors and 36 students), in compliance with
occupancy requirements and the parking capacity. Should additional
parking spaces be provided to the tenant space, the number of persons
Exhibit A
Resolution No. 42•4
CUP 2014-03
Page 3
may be increased based on one (1) parking space for each instructor and
one (1) parking space for every three (3) students, subject to review and
approval • the Community Development Director.
(1) 2.2 The applicant shall be required to notify the City of any changes to the use
of the facility.
(1) 2.3 The hours of business operation shall be from 5:00 p.m. to 9:00 p.m.,
Monday through Friday and 9:00 a.m. to 5:00 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 All activities shall comply with the City's Noise Ordinance.
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(3) 3.1 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.
(1) 3.2 Additional restroom facilities will be required based on the following
occupant load calculations:
i. Fencing area: 5,000 sq ft,with an occupant load factor at 50 sq ft
per person = 100 persons.
ii. Office area: 1,000 sq ft with an occupant load factor at 100 sq ft per
person = 10
iii. Water closets: male - 1 per 100, female - 3 for 51 -100
iv. Urinals: 1 per 100 males
v. Lavatories: male - 1 per 200, female - 1 per 100
3.3 All parking spaces paths of travel from the parking spaces to the buildin
interior paths • travel, restrooms and lockers shall comply with the 201
CBC Ch. 11 B, disabled access requirements.
(1) 3.4 Provide a 1 hour rated fire wall between the office area and the fencin
area if the building is sprinklered or a 2 hour wall if non-sprinklered. I
(1) 3.5 Occupancy is limited to 40 persons. If tournaments or competitions take
place at this facility, additional requirements will follow.
Exhibit A
Resolution No. 426 1
CUP 2014-03
Page 4
19:49:�
(2) 4.1 Within forty-eight (48) hours • approval • the subject project, the applicant
shall deliver to the Community Development Department, a cashier's check
payable to the COUNTY CLERK in the amount • 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.