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HomeMy WebLinkAboutPC RES 4264RESOLUTION NO. 4264 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT (CUP) 2014 -03 TO ESTABLISH A 61000 SQ. FT. RECREATIONAL /SPORT FOIL FENCING CENTER AT 1652 EDINGER AVENUE, SUITE B IN AN EXISTING TENANT SPACE OF AN INDUSTRIAL OFFICE COMPLEX The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for 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 Planning Commission approve 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 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. Resolution No. 4264 CUP 2014 -03 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 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 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. 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 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 -03 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. JEFF R. TH MPSON Chairperson LIZABETH A. BI SACK 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. 4264 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 Altowaij i, Kozak, Lumbard, Smith, Thompson (5) EXHIBIT A RESOLUTION NO. 4264 CONDITIONAL USE PERMIT 2014 -03 CONDITIONS OF APPROVAL GENERAL (1) 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 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 -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 of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Community Development Director, 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 -03 may be reviewed, if necessary, by the Community Development Director to ensure compatibility with surrounding uses. If the 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. 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. (1) 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. 4264 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 by 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. (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 All parking spaces paths of travel from the parking spaces to the building, interior paths of travel, restrooms and lockers shall comply with the 2013 CBC Ch. 11 B, disabled access requirements. 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.