Loading...
HomeMy WebLinkAboutPC RES 4276RESOLUTION 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 pursuant to City Council direction on September 8, 1992 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. 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 7,111 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 . TH MPSON 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. BINSACK Planning Commission Secretary Altowaij i, Kozak, Lumbard, Smith, Thompson (5) 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. (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.