Loading...
HomeMy WebLinkAbout02 PC REPORT DANCE STUDIOAG NDA R PORT �UiS'TlS MEETING DATE: JANUARY 13, 2015 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT ITEM #2 SUBJECT: CONDITIONAL USE PERMIT 2014-22 TO ESTABLISH A 7,111 SQ. FT. INDOOR RECREATIONAL USE (DANCE STUDIO) AT 14711 BENTLEY CIRCLE, UNIT A, WITHIN AN EXISTING INDUSTRIAL OFFICE TENANT SPACE APPLICANT: VICTORIA SERRA SOUTH COAST PERFORMING ARTS 1218 IRVINE BLVD. TUSTI N, CA 92780 PROPERTY OWNER: ANDY FRIEDMAN INDUSTRIAL PROPERTIES 7106 W. OCEANFRONT NEWPORT BEACH, CA 92663 LOCATION: 14711 BENTLEY CIRCLE, UNIT A GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS (PCCB) ZONING: PLANNED COMMUNITY INDUSTRIAL (PC IND) EXISTING LAND USE: INDUSTRIAL OFFICE BUILDING ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15301, CLASS 1 REQUEST: REQUEST TO ESTABLISH A 71111 SQ. FT. INDOOR RECREATIONAL USE (DANCE STUDIO) AT 14711 BENTLEY CIRCLE, UNIT A, WITHIN AN EXISTING INDUSTRIAL OFFICE TENANT SPACE PC Report January 13, 2015 CUP 2014-22 Page 2 14711 BENTLEY CIRCLE, UNIT A RECOMMENDATION: That the Planning Commission adopt Resolution No. 4276, approving Conditional Use Permit (CUP) 2014-22 for the establishment of a 7,111 sq. ft. indoor recreational use (dance studio) at 14711 Bentley Circle, Unit A, within an existing tenant space of a light industrial office building. 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 14711 Bentley Circle, Unit A is located within the Planned Community Industrial (PC IND) Zoning District and subject to the Irvine Industrial Complex, Tustin, Planned Community District Regulations (Attachment A- Location Map). The General Plan designation is Planned Community Commercial/Business, which allows for light industrial and professional office uses. The subject property is located on Bentley Circle, south of Walnut Avenue (Figure 1). The subject property is owned by one (1) property owner and consists of approximately 12,500 square feet of office, warehouse, and manufacturing space on a 29,600 square- PC Report January 13, 2015 CUP 2014-22 Page 3 foot site. The existing building is split into two (2) units. Unit A is the subject tenant space and is 7,111 square feet in area. Unit B is approximately 5,400 square feet in area and currently occupied by a lighting electronics company. The site and building are designed such that the building is located in between two (2) parking lots, where each parking lot is accessed through separate driveways and the two (2) do not have common internal circulation. Essentially, each unit has its own parking lot and building entrance and function independently of each other. The parking lot for the proposed dance studio, Unit A, has twelve (12) parking spaces including one (1) space for disabled parking. In addition, on -street parking is prohibited on Bentley Circle. The surrounding properties and uses comprise a mix of industrial office, warehouse, manufacturing and other indoor recreational uses. PROJECT DESCRIPTION: Proposal The applicant is requesting approval to use the existing 7,111 square -foot tenant space for the South Coast Performing Arts dance studio. The dance studio is an existing business within the City of Tustin and has been operating in the Tustin Heights Shopping Center since 2005, within a 6,000 square -foot tenant space at 1218 Irvine Blvd. The dance studio provides a variety of dance instruction to students aged 2 to 18 years old in dance styles such as ballet, jazz, hip hop and tap at skill levels from beginning to competitive. The applicant is proposing to relocate the business to the subject project site on Bentley Circle. PC Report January 13, 2015 CUP 2014-22 Page 4 The subject tenant space currently has several rooms including a lobby, storage, utility room, office, kitchen, restrooms and four (4) larger rooms for warehouse and manufacturing. Figure 2 - Proposed Floor Plan RSCOVED d0 Z014 rcoo m KOO m #" r F .�..�.,-...-..4.-�.. :.w -,.a l * it Study �1 �r Homework y} Room tie r , 1F i, .. ., g PC Report January 13, 2015 CUP 2014-22 Page 5 The proposed floor plan (Figure 2 and Attachment C) identifies the applicant's proposed uses within the tenant space. The applicant proposes to utilize the four (4) larger warehouse/manufacturing rooms for two (2) rooms for group classes, one (1) room for private instruction and the last room for theater prop and costume storage. The existing smaller office and storage rooms would be used for various functions including office, copy room, astudy/homework room and a costume fitting room. Hours of Operation The applicant is proposing business hours between 9:30 AM to 8:30 PM, Monday through Saturday, and closed on Sundays. Class Sizes The proposed class sizes include a maximum of ten (10) students and one (1) instructor per class for group classes, and maximum three (3) students and one (1) instructor for the private classes. Therefore, at peak use, there would be twenty-six (26) students and instructors when all dance rooms are in use. The applicant also indicated that parents, approximately four (4) at any given time, and two (2) additional staff may also be present during class sessions and general business hours. All together, the applicant anticipates approximately thirty-two (32) attendants in the studio at any given time. ANALYSIS: Use and Compatibility The 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 dance studio, can locate in various other zoning districts such commercially zoned properties (C1, C2 and CG); light industrial/manufacturing type of uses can only locate in properties zoned for ndustrial/Manufactu ring. Six (6) properties are accessed from Bentley Circle, which is a cul-de-sac street south of Walnut Avenue and approximately 500 feet in length. Over the years, some nonindustrial office uses have been established in the area such as other dance studios, eateries, martial arts studios and religious facilities. There are several non -industrial uses existing on Bentley Circle including a gymnastics studio, a Crossfit studio and a religious facility (Figure 3). PC Report January 13, 2015 CUP 2014-22 Page 6 Figure 3 - Surrounding Uses The proposed use is a dance studio for the purpose of training children and adults the art of dance for recreation and/or competition, and is conditionally permitted within the Planned Community District. With respect to the proposed site, the property was developed as an industrial office building in 1979. The proposed use would be located in a space that was once occupied by an electronics business. The building has been designed as an industrial duplex, with each unit having its own parking lot and entrance, and share only one (1) wall. As such, the proposed dance studio activities that occur throughout the day would be contained on its side of the property and not anticipated to affect the parking or business activities of the adjacent unit. Noise The units share only one (1) wall and based on the building's construction, noise generated from the dance studio activity is not anticipated to be disruptive to the adjacent tenant. The applicant plans to test the dance studio sound system and consult the adjacent tenant about the noise generated by the studio. If necessary, the applicant will install professional sound batting on the walls to attenuate any noise being heard in the adjacent unit. 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 PC Report January 13, 2015 CUP 2014-22 Page 7 the dance studio activities. Should a noise problem require the applicant to that negative impacts approval. arise in the future, staff h implement additional nois ire occurring in violation Parking as provided Condition 1.8, which may e attenuation measures if it is deemed of City regulations and conditions of In accordance with the Planned Community District Regulations for the Irvine Industrial Complex, one (1) parking space is required for every three (3) persons. The subject tenant space is allotted twelve (12) parking stalls, which would allow for a maximum thirty- six (36) persons within the tenant space at any given time, including students, parents, instructors and staff. The applicant anticipates that business operations will generate an acceptable volume of people attending the class sessions, with maximum twenty-six (26) students and instructors during peak times. According to the applicant, current operations at the Tustin Heights Shopping Center location results in a maximum of four (4) parents who stay during the dance classes and two (2) additional staff. At peak times, the maximum number of attendants anticipated at the new dance studio is thirty-two (32) persons, which is less than the thirty-six (36) allowed based on parking requirements. Should a parking problem arise in the future, staff has provided Condition 1.8, which would allow review of the CUP and require additional mitigation measures. Sidewalk Improvement On January 19, 1987, the City Council confirmed a policy requiring sidewalks to be provided in Industrial areas (Attachment D). The project site currently does not have sidewalk. Since the proposed project only involves improvement to half of the building, Public Works Department has determined that at this time construction of sidewalk is not warranted. However, a condition has been placed that the property owner would need to enter into an agreement to design and construct the required sidewalk upon demand by the City (Attachment E). 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, involves minor alterations to the structure and negligible expansion to an existing industrial office center use. PC Report January 13, 2015 CUP 2014-22 Page 8 Findings: In determining whether to approve the CUP for the dance studio, 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. 2. The proposed dance studio is located in an industrial office building with two (2) units total and potential conflicts between the use and the other tenant are not anticipated based on the site and building design of each unit having its own parking lot and entrance. As conditioned, the number of occupants, types of activities and hours of operation would be compatible with the neighboring light industrial, indoor recreational and religious uses, and the applicant would be required to notify the City of any changes to the use of the facility. 3. The proposed use, as conditioned, is not anticipated to result in any parking impacts because the maximum number of occupants will be limited to thirty-six (36) persons at any given time based upon the parking ratio of one (1) parking space per every three (3) persons, and the twelve (12) parking spaces allotted to the tenant space. In addition, a transition period would be provided between class sessions. 4. As conditioned, no noise impacts arE conducted entirely within the building City's Noise Ordinance. anticipated as all class activities shall be and would be required to comply with the 5. As conditioned, CUP 2014-22 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 2014-22 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 proposed project only involves improvement to half of the building; as such, Public Works Department has determined that at this time the construction of PC Report January 13, 2015 CUP 2014-22 Page 9 sidewalk is not warranted. However, a condition has been placed to require the property owner to enter into an agreement to design and construct the required sidewalk upon demand by the City in conformance with the Federal Americans with Disabilities Act and the City standards. The City Engineer/Public Works Director finds and determines that this is in substantial conformance with the 1987 City Council Policy. 8. The City's Public Works Department, Police Department and Building Division have reviewed and support the development of the proposed project, as conditioned. 9. 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 dance studio facility. Edmelynne utter/Amy Stonich Senior Planner Elizabeth A. Binsack Director of Community Development Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. City Council Minutes January 19, 1987 E. Agreement to construct sidewalk F. Resolution No. 4276 — CUP 2014-22 ATTACHMENT A OCATION MAP LOCATION MAP CUP 2014-22 14711 BENTLEY CIRCLE, UNIT A PROJECT SITE ". . 300' z� 500' *,tit ? f • L +..•iy' R��LS ��� �f- 4' '•4v4 1� . 320ft 1 ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2014-22 2. LOCATION: IRVINE INDUSTRIAL COMPLEX 3. ADDRESS: 14711 BENTLEY CIR., UNIT A 4. APN(S): 432-511-02 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: NONE 6. SURROUNDING LAND USES: NORTH: INDUSTRIAL OFFICE; INDOOR RECREATIONAL (CROSSFIT� SOUTH: INDOOR RECREATIONAL (GYMNASTICS) EAST: INDUSTRIAL/OFFICE; RELIGIOUS ASSEMBLY 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 IND - PLANNED COMMUNITY INDUSTRIAL 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PC COMMERCIAL/BUSINESS SOUTH: PC COMMERCIAL/BUSINESS EAST: PC COMMERCIAL/BUSINESS WEST: PC COMMERCIAL/BUSINESS 9. SITE LAND USE: A. EXISTING: INDUSTRIAL/OFFICE B. PROPOSED: INDOOR RECREATIONAL C. GENERAL PLAN: PC COMMERCIAL/BUSINESS PROPOSED GP: SAME D. ZONING: PC IND PROPOSED ZONING: SAME DEVELOPMENT FACTS: 10. LOT AREA: 0.68 ACRES APPROX. 11. PARKING: 25 PROVIDED STALLS TOTAL 12 PROVIDED STALLS FOR SUBJECT UNIT; NO CHANGE TO PARKING 12. TENANT IMPROVEMENTS: INTERIOR MODIFICATIONS TO COMPLY WITH CODE SUBMITTED PLANS Aft. LX .1 D F. l N ILE I k�,MkLt 14711 Bentley Circle, LAt A A Tustin, CA 7,111 Sq, Ft. '14711 Bentley Circle Tustin, Calffomia Circle OCT 3 oizog tOMMUNfTy OEVE BY.; LOPMENT 7-e Add, I Jl(e/ 1/4 If4t ATTACHMENT D City Council Minutes January 19, 1987 CITY COUNCIL MINUTES Page 3, 1-19-87 7. RESOLUTION NO. 87-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FINAL TRACT MAP NO. 12759 (EAST TUSTIN APART- MENTS) Approved Final Tract Map No, 1.2759 for the East Tustin Apart- ments project located. north of the Santa Ana Freeway, west of Jamboree, east of El Camino Real, by adoption of Resolution No. 87-9 as recommended by the Community Development Department and Planning Commission, 94 """o"" 8. EXTENSION OF CONTRACTS - EARL ROWENHORST AND REED JENSEN Authorized extension of the employment contracts for Earl Rowenhorst and Reed Jensen to July 13, 1987, as recommended by the City Manager. 79 VII. ORDINANCES FOR INTRODUCTION None, VIII. ORDINANCES FOR ADOPTION .:None. IX. OLD BUSINESS 1. ELECTION CONSOLIDATION - RESOLUTION N0, 87-11 Pursuant to Council 'direction, at the January S, 1987, meeting, staff prepared subject resolution to consider consolidation of the municipal election with the Statewide General Election held in November of even -numbered years. Followinga brief -question-and-answer period , it was moved by Sal tarel l i , seconded by Kelly, to adopt the following resolution setting the matter of the proposed consolidation of elections for a public hearing on February 2, 1987, and prescribing notice, RESOLUTION NO. 87-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO REQUIRE ITS GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION AND FIXING A TIME AND PLACE OF PUBLIC HEARING THEREON The motion carried 5-0. 48 X. NEW BUSINESS 1. WIDTH OF SIDEWALKS IN THE INDUSTRIAL AREAS The Planning Commission has requested a formal policy decision from Council regarding sidewalk widths and requirements in the indus- trial ndus- trial areas. On two separate occasions at the request* of devel- opers., evel- opers, projects were granted 5 -foot sidewalk widths in lieu of the full 8 -foot widths required by Council Resolution No. 81-4. Si nce then, sidewalk requirements have been established on a project -by - project basis. subject to' site circumstances, proposed use, and specific zoning regulations. ? Engineering- staff indicates' a uniform policy for 5 -foot, utility clear sidewalks for the entire industrial area is appropriate,, except areas with concentrated retail uses. Sidewalk meandering would be subject to specific .design guidelines of specific plans and- oth.er documents. Community Development staff supports this position with the note that Planning Commission be allowed to devi - ate from those standards if considered appropriate,, The staff report was presented by the Community Development Direc- tor as contained in the inter-com dated January 19, 1987, prepared by the Community Development Department-, Mayor Sal tarel l i was supportive of the staff recommendation. The Director of Community Development and Director of Public Works CITY COUNCIL MINUTES Page 4, 1-19-87 responded to Counci 1 questions regarding sidewalk placement and retaining right-of-way lines and building setbacks. It was moved by Kennedy, seconded by Hoesterey, to. establish a uni- form policy for 5 -foot width, utility clear sidewalks for the entire industrial area, except in areas with concentrated retail uses where it shall remain 8 -foot width. The motion carried 5-0. 92 2. SANTA ANA FREEWAY (I-5)/COSTA MESA FREEWAY (RTE. 55) INTERCHANGE MODIFICATION Cal Trans is planning complete modification of subject interchange along with widening of both freeways within the immediate vicinity of the interchange. The Director' of Public Works informed Mayor Sal tarel 1 i that the interchange modification project will not be affected by any delays on the basic widening project. The newspaper article refer- enced pertained to the I-5 freeway between the Costa Mesa and Garden Grove freeways. Councilman Edgar noted that this was con- firmed by the Cal Trans representative at the recent Transportation Commission meeting. The Director added that it is Cal Trans' desire to accelerate Stage III and attempt construction concurrently with Stage_ II,. if all design and right -of. -way acquisition can be completed in time. The Mayor thought Tustin should pressure Cal Trans to do so since the interchange modification will increase access, but traffic will sti 11 be bottl enecked on the narrow freeways . As recommended in the inter-com dated January 14, 1987, prepared by the Public Works Department/Engineering Division, it was moved by Kennedy, seconded by Edgar, to approve the Freeway Agreement wit the State of California for Stage II and Stage III work on the I-5/Rte. 55 Interchange Modification Project; �-and authorize the Mayor and City Clerk to execute same. Carried 5-0. 45; 87-8 Mayor Pro Tem Hoesterey requested staff contact Cal Trans about the possibility of restri pi ng the merging lane on the I--5 between Rte. 55 and the Newport Avenue offramp to relieve some of the congestion where vehicles merge i n . and out of traffic. 3. COLUMBUS TUSTiN PARK CONCESSION STAND LEASE AGREEMENT Proposed agreement is for use of the concession stand at Columbus Tustin Park. Mr. David Ascher has decided to make the concession stand a for-profit corporation with the intention of making dona- tions to non-profit youth organizations in the Tustin area. Councilwoman Kennedy expressed concern that the agreement does not require a minimum donation to youth groups. Council /staff discus- sion iscus- sion followed. The Recreation Superintendent responded to Council questions. The City Manager suggested that if there is Council consensus that there should be a built-in' formula for donating profits to youth groups, staff will work on that and bring it back to Council so there is no question about what is required of Mr. Ascher. Mr. Ascher stated he will pay the City 10% of gross profits after the first year of operation. He explained the procedure for donat- ing onat-ing profits to youth groups on an as --needed basis, with requests to be submitted in writing. He stated he would not be interested in operating a concession stand which requires built-in percentages for various donations. Councilwoman Kennedy was strongly in favor of setting aside a cer- tain percentage for youth group donations, rather than leaving it tcy Mr. Ascher's discretion. Mayor Pro Tem Hoesterey suggested a review period at the expiration of the agreement, ATTACHMENT E Agreement to construct sidewalk RECORDING REQUESTED BY: City of Tustin WHEN RECORDED MAIL TO: City of Tustin/City Clerk's Office 300 Centennial Way Tustin, CA 92780 AGREEMENT TO CONSTRUCT SIDEWALKS For and in consideration of the forbearance of the City of Tustin ("City") to require the immediate construction of a public sidewalk adjacent to the property at , the undersigned hereby certifies that the undersigned is the sole owner of the real property described above and agrees to construct sidewalks adjacent to the above-described property to City specifications and the most current Federal Americans with Disabilities Act (ADA) requirements along the frontages(s) of said property at the undersigned's sole cost and expense upon demand by the City of Tustin. The undersigned agrees that in consideration of the issuance of a at this time without prior or concurrent construction of said sidewalks as a result of the City Council action taken on September 8, 1992. The construction of said public sidewalks adjacent to the above-described property will be properly commenced and expeditiously pursued to completion to City's approval when determined necessary or desirable by the City Council and notice of such Council action has been sent to the undersigned at the following address: The undersigned further agrees that said public sidewalk shall have a minimum width of five (5) feet, and shall be utility clear, except in areas with concentrated retail uses, where it shall be eight (8) feet wide. The obligation of this Agreement shall be binding upon the undersigned, its heirs, executors, successors and assigns and shall be a burden upon and run with the land. Executed this day of 20 Owner: M Title: Engineering:Templates:Boiler Plates & Forms: Agmt to Construct Sidewallk ATTACHMENT F Resolution No. 4276 — CUP 2014-22 RESOLUTION NO. 4276 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2014-22 AUTHORIZING THE ESTABLISHMENT AND OPERATION OF A PRIVATE INDOOR RECREATIONAL USE FOR A DANCE STUDIO LOCATED AT 14711 BENTLEY CIRCLE, UNIT A. 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) 2014-22 was filed by Victoria Serra of South Coast Performing Arts, requesting authorization to establish and operate a dance studio within an existing 71111 square foot tenant space located at 14711 Bentley Circle, Unit 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 CUP 2014-22 on January 13, 2015, 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. 2) The proposed dance studio is located in an industrial office building with two (2) units total and potential conflicts between the use and the other tenant are not anticipated based on the site and building design of each unit having its own parking lot and entrance. As conditioned, the number of occupants, types of activities and hours of operation would be compatible with the neighboring light industrial, indoor recreational and religious Resolution No. 4276 Page 2 uses, and the applicant would be required to notify the City of any changes to the use of the facility. 3) The proposed use, as conditioned, is not anticipated to result in any parking impacts because the maximum number of occupants will be limited to thirty-six (36) persons at any given time based upon the parking ratio of one (1) parking space per every three (3) persons, and the twelve (12) parking spaces allotted to the tenant space. In addition, a transition period would be provided between class sessions. 4) As conditioned, no noise impacts are anticipated as all class activities shall be conducted entirely within the building and would be required to comply with the City's Noise Ordinance. 5) As conditioned, CUP 2014-22 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 2014-22 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 proposed project only involves improvement to half of the building; as such, Public Works Department has determined that at this time the construction of sidewalk is not warranted. However, a condition has been placed to require the property owner to enter into an agreement to design and construct the required sidewalk upon demand by the City. The City Engineer/Public Works Director finds and determines that this is in substantial conformance with the 1987 City Council Policy and the federal Americans with Disabilities Act. 8) The City's Public Works Department, Police Department and Building Division have reviewed and support the development of the proposed project, as conditioned. 9) 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 dance studio facility. Resolution No. 4276 Page 3 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 2014-22 authorizing the establishment and operation of a dance studio located within an existing 73111 square foot tenant space located at 14711 Bentley Circle, Unit 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 13th day of January, 2015. 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. 4276 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of January, 2015. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BI NSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4276 CONDITIONAL USE PERMIT 2014-22 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped January 13, 2015, on file with the Community Development Department, except 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 minor modifications during plan check if such modifications are to be consistent with the provisions of the Tustin City Code (TCC) and other applicable codes. (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 is 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) 2014-22 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 2014-22 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure 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. 4276 CUP 2014-22 Page 2 compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with CUP 2014-22, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may 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 determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to 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 and/or Public Works Department. Said mitigation may include, but are not limited to, the following: a. Establish alternative hours of operation. b. Reduce the number of persons allowed in the facility at any given time. C. Provide additional parking. d. Install additional sound attenuation material. (1) 1.9 As a condition of approval of CUP 2014-22, 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 Exhibit A Resolution No. 4276 CUP 2014-22 Page 3 not exceed a total of thirty-six (36) persons, in compliance with the parking requirements and the twelve (12) 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 three (3) persons for each one (1) parking space, subject to review and approval by the Community Development Director. (1) 2.2 Dance studio activities may include group classes and private dance lessons. Open houses, dance recitals, or other similar events that might be attended by more than thirty-six (36) 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. *** 2.3 The hours of business operation shall be between 9:30 a.m. and 8:30 p.m., Monday through Saturday, and closed on Sundays. 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. *** 2.4 Each class session shall be concluded with sufficient time for attendees of the prior session to vacate the site prior to arrival of attendees of the next training sessions. (1) 2.5 All activities shall be located within the enclosed building. No congregation and/or loitering in the parking area or walkways are allowed in association with the use. (1) 2.6 All activities shall comply with the City's Noise Ordinance. The applicant shall install, as necessary, interior sound attenuation material to minimize noise and/or vibration impacts on adjacent tenants. (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. *** 2.8 No outdoor storage shall be permitted except as approved by the Community Development Director. (1) 2.9 The applicant shall be required to notify the City of any changes to the use of the facility. (5)(7) 2.10 The property owner shall enter into an "Agreement to Construct Sidewalks" with the City that would guarantee the design and construction of sidewalks adjacent to the property to the most current Federal Americans with Disabilities Act (ADA) requirements and City of Tustin 's Public Works Department Standard Drawings along the frontage of said property at the property owner's cost and expense upon demand by the Exhibit A Resolution No. 4276 CUP 2014-22 Page 4 City of Tustin. The property owner shall be responsible for the cost of recording the agreement. The agreement shall include a provision for granting an easement on private property for pedestrian access in accordance with City standards if necessary, at which point a legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor, shall be submitted to the Public Works Department for review and approval at no cost to the City of Tustin. BUILDING (3) 3.1 The proposed project constitutes a change of occupancy from F-2 to a B occupancy (dance studio with rooms, with an occupant load of less than 50) and will be required to comply with the most recent 2013 California codes. (3) 3.2 All parking areas, paths of travel from the parking areas to the interior of this building and restroom facilities shall comply with Chapter 11 B of the 2013 California Building Code. (3) 3.3 The quantity of sanitary facilities shall comply with Table 422.1 of the California Plumbing Code for the increased occupant load. (1) 3.4 A full plan check by the Building Division will be required. Additional code requirement will be addressed during the plan check process. 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.