HomeMy WebLinkAboutPC RES 4262RESOLUTION NO. 4262
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, APPROVING A USE
DETERMINATION (UD) 2014 -02 TO ESTABLISH
RECREATIONAL /SPORT FACILITIES AS A
CONDITIONALLY PERMITTED USE WITHIN THE
INDUSTRIAL (M) DISTRICT.
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 -03
was filed by G -Team Inc., of Golubitsky Fencing Center (GFC),
requesting authorization to establish and operate arecreational /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 No. 4262
UD 2014 -02
Page 2
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 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).
II. The Planning Commission hereby approves UD 2014 -02 to establish
recreational /sport facilities as a conditionally permitted use within the
Industrial (M) District.
Resolution No. 4262
U D 2014 -02
Page 3
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting on the 26th day of August, 2014.
J . -f kd M P S OIN
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. 4262 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission, held
on the 26th day of August, 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)