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HomeMy WebLinkAboutPC RES 3743 RESOLUTION NO. 3743 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 95-027 AUTHORIZING A 3,700 SQUARE FOOT EXPANSION TO THE EXISTING LINDA EVANS FACILITY LOCATED AT 1162-1192 IRVINE BOULEVARD INTO THE CONTIGUOUS TENANT SPACES AT 1142 AND 1152 IRVINE BOULEVARD. The Planning Commission of the City of Tustin does hereby resolve as follows: I, The Planning Commission finds and determines as follows: A. That a proper application for amendment to Conditional Use Permit 95-027 was filed by Terry Architects on behalf of Linda Evans Fitness Centers to construct a 3,700 square foot expansion to the existing Linda Evans Facility located at 1162-1192 (Assessor's Parcel Numbers 500-102-02) into the contiguous tenant spaces at 1142 and 1152 Irvine Boulevard. B. That the proposed use is consistent with the City's General Plan "Community Commercial" land use designation which allows development of vadous retail and service facilities. 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- e ement. C. ' That the proposed use is allowed with approval of a conditional use permit within the Retail Commercial (C-1) zoning distdct and establishment of the facility was originally approved by the Planning Commission on May 28, 1996. D. That a public hearing was duly called, noticed and held on said application on July 10, 2000 by the Planning Commission. E. That the establishment, maintenance and operation of the use applied for 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 of such proposed use, 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, as evidenced by the following findings: Resolution 3743 Page 2 2 3 1) No exterior modifications are proposed; therefore, the expansion would not have any aesthetic effect on the retail center and or the 4 neighborhood. 5 2) All operations of the health club would be entirely within the enclosed 6 area and the existing health club and the expansion area are located within a retail center where the parking area and entrance are facing ? north away from the residential properties; no noise or traffic impacts 8 from the health club are anticipated. 9 3) A parking analysis was conducted by a licensed traffic engineer for the project. The study determined that sufficient parking would be ]0 available and conveniently located to accommodate the proposed n expansion. The City's Traffic Engineer concurred with the content, methodology, findings and conclusions of the study. ~3 4) The proposed expansion will not be detrimental to the surrounding properties in that no changes to the hours of operation and types of 74 services are proposed and the existing hours are compatible with other uses within the center. 15 ~6 F. .This project is Categorically Exempt pursuant to Section 15301, Class 1 of the Califomia Environmental Quality Act. I? ~8 I. The Planning Commission hereby approves an amendment to Conditional Use Permit 95-027 to allow a 3,700 square foot expansion to an existing Linda Evans 29 Fitness Center located at 1162-1192 Irvine Boulevard into the contiguous tenant 20 spaces located at 1142 and 1152 Irvine Boulevard, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 10th day of July, 2000. ~I'EPF~ V. KOZAK 26 EIEIZABETF[ BINSACK7' ' 27 Planning Commission Secretary Resolution 3743 Page 3 1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 3 I, Elizabeth Binsack, the undersigned, hereby certify that I am the Planning Commission 4 Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. s 3743 was duly passed and adoptea at a regular meeting of the Tustin Planning Commission, held on the 10th day of July, 2000. 6 t Planning Commission Secretary I0 12 14 !5 ]8 ]9 20 2~ 24 26 29 EXHIBITA AMENDMENT TO CONDITIONAL USE PERMIT 95-027 CONDITIONS OF APPROVAL RESOLUTION NO. 3743 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the projeCt date-stamped July 10, 2000, 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 to the plans if such modifications are consistent with the provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project 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 prior to expiration. (1) 1.4 Approval of the amendment to Conditional Use Permit 95-027 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. (*) 1.6 All conditions of Conditional Use Permit 95-027 contained in Resolution No. 3441 shall continue to apply unless otherwise stated herein. USE RESTRICTIONS (1) 2.1 A minimum of eight one (81) parking spaces shall be allocated to the ~ness facility in 1142. 1152, and 1162-1192 Irvine Boulevard based on the established ratio of 7.2 parking spaces per 1,000 square feet as determined by the parking demand analysis dated June 1, 2000. SOURCE CODES ('1) STANDARD CONDITION (5) RESPONSIBLEAGENCY (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES REQUIREMENTS (7) PC/CC POLICY (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEVV *** EXCEPTIONS Exhibit-A, Conditions of Approval Resolution 3743 July 10, 2000 Page 2 (1) 2.2 The hours of operation for the fitness facility shall be as follows unless otherwise approved by the Community Development Department: Monday through Thursday 5:30 a.m. to 10:00 p.m. Friday 5:30 a.m. to 9:00 p.m. Saturday and Sunday from 7:00 a.m. to 5:00 p.m. (1) 2.3 No child care service shall be provided during the weekends or between 1:00 p.m. to 4:00 p.m. unless approved by the Community Development Department. (1) 2.4 All facilities shall be maintained in a safe, clean and sanitary conditions at all times. (1) 2.5 If at any time in the future a tenant or customer advises the City that a parking and/or traffic problems exists on the site or in the vicinity as a result of the fitness center, the property owner and applicant shall be required to provide mitigation measure to be reviewed and approved by the Community - Development Department. (1) 2.6 All activities shall be located entirely within the enclosed building. (3) 2.7 All regulations of the Uniform Building Code and the Fire Department regarding assembly occupancy classification fire rating and exiting standards shall be adhered to at all times. BUILDING DIVISION (1) 3.1 At the time of building permit application, the plans shall comply with the 1998 California Building, California Mechanical, Code. Califomia Plumbing Codes, Califomia Electrical Code, and other related codes, City Ordinances, and State and Federal laws and regulations. Indicate on the title sheet the applicable codes, City, state and federal laws and regulations to include: · 1997 Uniform Building Code with California Amendments; · 1997 Uniform Mechanical and Plumbing Codes with Califomia Amendments; · 1996 National Electrical Code with California Amendments; · 1997 Uniform Fire Code. (3) 3.2 Provide private restrooms for both sexes in accordance with Table 29-A of the Appendix chapter of 1998 California Building Code (CBC). The plans Exhibit-A, Conditions of Approval Resolution 3743 July 10, 2000 Page 3 submitted into plan check shall indicate that both toilets shall be made accessible to persons .with disabilities or as modified per Title 24 requirements by the Building Official. (3) 3.3 Parking for disabled persons shall be provided with an additional five (5) foot loading area with striping and ramp; disabled persons shall be able to park and access the building without passing behind another car. At least one (1) accessible space shall be van accessible served by a minimum 96 inch wide loading area. (3) 3.4 . Specify types of construction and occupancy classifications for the existing and proposed expansion area. (3) 3.5 At building permit plan check, please submit seven (7) complete sets of construction plans. Requirements of the Uniform Building Code (UBC) and state disabled access requirements shall be complied with as approved by the Building Official. No field changes shall be made without corrections submitted to and approved by the Community Development Department. (1) 3.6 All roof-mounted equipment shall be mounted six inches below existing parapet. At building plan check submittal, the applicant shall submit cross- section details of the tenant space roof-top showing the installation of the proposed roof-top equipment. Roof-top equipment shall be installed and maintained so as not to be visible from public right-of-way view subject to review of final plans during plan check by the Community Development Department. (5) -'3.7 Prior to issuance of a Building Permit, all required approval from the Orange County Fire Authority shall be obtained. (3) 3.8 Vehicle parking, pdmary entrance to the building, the pdmary paths of travel, receptionist desk, sanitary facilities, drinking fountains, and public telephones shall be accessible to persons with disabilities. (5) 3.9 All exits are required to be equipped with State Fire Marshall approved panic hardware, maximum oscupant load s~gn shall be posted by the exit doors. (3) 3.10 Openings with area separation wall shall be protected by the same fire rating assembly as the wall (2 or 4 hour) per 1998 California Building Code Section 504.6.2. Exhibit-A, Conditions of Approval Resolution 3743 July 10, 2000 Page 4 FEES (1) 4.1 Prior to issuance of any building permits, payment shall be made of all applicable building plan check, signs, design review and permit fees to the Community Development Department based upon the most current schedule. a. Building plan check and permit fees to the Community Development Department based on the most current schedule. b. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule (1) 4.2 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 $38.00 (thirty eight dollars) to enable the City to file the appropriate environmental documentation forthe project. If within such forty-eight (48) hour period that 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.