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HomeMy WebLinkAbout02 CUP 03-017Report to the I~EM #2 Planning Co DATE: SUBJECT: APPLICANT: PROPERTY OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: mmission AUGUST 11, 2003 CONDITIONAL USE PERMIT 03-017 DANIEL AND SARA FERRY CURVES FOR WOMEN FITNESS & WEIGHT LOSS 13112 NEWPORT AVENUE, SUITE A TUSTIN, CA 92780 THE IRVINE COMPANY 2915 EL CAMINO REAL TUSTIN, CA 92782 ATTN: DONAHUE SCHRIBER 2875 EL CAMINO REAL PLANNED COMMUNITY MIXED USE (PCMU) THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301, CLASS 1 OF TITLE 14, CHAPTER 3 OF THE CALIFORNIA CODE OF REGULATIONS (GUID, ELINES FOR THE CALIFORNIA ENVIRONMENTAL QUALITY ACT) AUTHORIZATION TO OPERATE A HEALTH CLUB RECOMMENDATION That the Planning Commission approve Conditional Use Permit 03-017 by adopting Resolution No. 3887. BACKGROUND/DISCUSSION The applicant is requesting approval of a Conditional Use Permit to establish a 1,039 square foot health club within an existing commercial center. Site and Surrounding Properties The project site is located at 2875 El Camino Real, in the Tustin Market Place. The tenant space is located adjacent to Tower Records, and other nearby tenants include a mix of restaurants and commercial/service retail uses (Attachment A - Location Map). The Planning Commission Report CUP 03-017 August 11,2003 Page 2 applicant proposes minor interior improvements to the existing suite. The property is zoned Planned Community Mixed Use (PCMU) in which other similar indoor recreational uses, such as martial art studios, are permitted with the approval of a Conditional Use Permit. Project Description Minor tenant improvements will need to be made to create a large exercise area, two (2) changing rooms, a storage room, and one (1) restroom (Attachment B - Submitted Plans). The proposed use would operate as a health club that provides a thirty (30) minute fitness program for women via aerobic and hydraulic resistance strength training machines. The fitness program is conducted in a group as identified in Attachment B and is coordinated by an instructor or pre-recorded instructions that guide the participants to change activity every thirty-five (35) seconds. The facility is intended for women only and encourages the members not to bring children to the facility. The maximum number of customers would be limited to eighteen (18) women in the facility at any given time; the maximum number of instructors would be two (2) at any given time. The hours of operation for the proposed use are as follows: Monday through Friday Saturday and Sunday 9:00 a.m. to 9:00 p.m. 10:00 a.m. to 6:00 p.m. Parking Availability There are currently 4,145 on-site parking spaces within the Tustin Market Place, and 698 of these spaces are located in the North Village of Phase III where the subject space is located (Attachment C - Parking Summary). While the required parking for a traditional health club is one (1) space for every one hundred fifty (150) square feet of gross floor area, staff recommends a parking requirement of one (1) space for every three (3) clients and one (1) for each instructor as applied to general assembly uses and, more specifically, the Curves For Women facility at 13112 Newport Avenue, Suite A as approved by Conditional Use Permit 02-009. This would limit the total numbers of clients allowed at any one time to ensure there is sufficient parking for the use. As such, a total of eight (8) spaces will be required for the proposed facility since it will operate with up to eighteen (18) customers and two (2) instructors at any given time. As identified in the attached parking summary, the existing and proposed uses in the Tustin Market Place require a total of 3,863 parking spaces; since 4,145 spaces are provided there will be sufficient parking for the proposed use. Condition 2.1 specifies the maximum number of clients and employees. The Engineering Division reviewed the traffic generation associated with the proposed use and the other existing uses and determined that the combined potential traffic impacts of the proposed and existing uses will not be significant. The surrounding roadway system can accommodate the increase in traffic. With adherence to the conditions of approval, no parking or traffic impacts other than what is typically associated with a small retail business are anticipated. If in the future the City determines that a parking or traffic problem exists, Planning Commission Report CUP 03-017 August 11, 2003 Page 3 Condition 2.6 requires the applicant to provide mitigation measures approved Community Development Department. by the ANALYSIS In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it wilt be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: 1) The proposed use, as conditioned, would not be detrimental to surrounding properties in that the hours of operation, number of participants, and scope of operations for the proposed health club would be compatible and consistent with the other commercial/service retail uses in the center. 2) 3) The proposed use, as conditioned, would not be detrimental to surrounding tenants or properties. Since the maximum number of clients and staff members would be limited by the eight (8) allocated parking spaces, sufficient parking would be available for existing and proposed uses. In addition, the use will not generate significant traffic and the existing roadway system can accommodate the existing and proposed uses. The proposed use, as conditioned, will not be detrimental to property and improvements or the general welfare of the City in that no exterior improvements to the building or property are proposed. Associate Planner Karen Peterson Senior Planner Attachments: A. Location Map B. Submitted Plans C. Parking Summary D. Resolution No. 3887 S:\Cdd',PCREPOR~CUP 03-017 (Curves-Marketplace).doc ATTACHMENT A Location Map LOCATION MAP PROJECT NO. ADDRESS CUP 03-017 LOCATION: 2875 EL CAMINO REAL A request for operation of a health club within an existing tenant space in the Tustin Market Place. ATTACHMENT B Submitted Plans BRYAN AVENUE .............. t.--~:--,~ - - - ~lllllllllllllt~ CHICK'S SPORTING GOODS & PRO GOLF HOME DEPOT OLD NAVY OLOTH~G OOUPAHY -- EL CASINO REAL 0 50' 180' 350' The Market Place Irvine, CaJifornJa Developed for The Irvine Company ilk The Market Place ~rvine, California Developed for The Irvine Company Z,,4 ITl Z 0 Proposal for ]:ssuance of Tustin Conditional Use Permit Proposed By Daniel and Sara Ferry 13112 Newport Ave, Suite A Tustin, CA 92780 (714) 838-3837 TustinCurves@sbcglobal.net Where North Village Tustin Market Place 2875 El Camino Real Tustin, CA 92782 Timetable This will be our second Curves~ franchise location in Tustin, the first being in Packers Square and operated under CUP 02-009. We have been very successful with the first location and have attracted over 550 members in less than one year. We plan to open this new location in late August of 2003. We have acquired an exclusive territory from Curves International and we have signed a lease with the Irvine Company for the store space. Objective We propose to operate a local Curvese franchise in North Village at Tustin Market Place. Curvese offers 30-minute fitness and weight loss through its breakthrough Curvese workout that combines strength and cardiovascular training through hydraulic resistance. Currently the world's largest fitness center franchise according to the Guinness Book of World Records, Curves~ has 5,000 locations with almost 2 million members across three continents. For more information visit www.curvesinternationahc0m Curves® has enjoyed so much success because we offer members real value, real service, and real long-term accomplishment in their fitness and weight loss goals. Although we advertise on national television, nearly 80% of our growth comes from word of mouth. Our Mission Statement is very revealing: We commit our methods, systems, energ/e~ and motivab'on to helping people, whether a Curves'member or franchise owner, to help themselves in their que~ for a better qua#b/of life. Curves' 30-minute fitness helps you acquire the habit of exercise. · Curves~ uses hydraulic resistance. · There are no weight stacks to manage or change. · Safe, accommodating resistance keeps you moving smoothly and safely around the circuit. · You push, then pull, rather than lift and lower weights. This reduces the potential for soreness and injury. · A safe, load-bearing activity helps to maintain bone density and fight osteoporosis. · Strengthening muscles provides joint stability and is a crucial part of arthritis treatment. · Curves® offers strength training that women can do. The Curves~ workout is a complete workout including all five necessary components: · Warm-up · Aerobic exercise · Strength training · Cool down · Stretching WARI~IING UP and cooling down allows your body to safely adjust to the stress of exercise. AEROBIC EXERCISE allows you to burn body fat and to improve your heart, lungs and vascular system. STRENGTH TRAZNING will protect and increase lean tissue, which raises metabolism and protects bone density. STRETCHING Enhances the quality of movement and the integrity of joints. 30 ~' Tustin Market Place Specific Details We propose to open a Curves® franchise with 8 QuickfitT~ machines initially. This means that at most we can accommodate just 16 customers at any given moment. The camaraderie and personal attention that the small scale allows is an essential component of the Curves appeal for club members. We plan to staff the new club with five employees, but just two per shift. Our initial operating hours will be from 9:00 AM to 9:00 PM, Iqonday through Friday, and 10:00 AM to 6:00 PM on Saturday and Sunday. With success, we may extend our hours. We do not plan to offer day care or even permit children on the premises. The amount of time a member routinely stays at the club is Just 30 minutes. As club members they can arrive at any time during open hours and complete their 30- minute workout by following an automated recording that guides members through 30-second intervals. The 1039 square feet of space at 2875 El Camino Real will be partitioned into several areas. The front will be a reception area. The bulk of the square footage will be dedicated to the (~uickfitT~ circuit. In the back will be a dressing room and restroom. The theming and color inside the club will provide a bright and open atmosphere for the members. Curvese offers a real solution for living a healthful, fit, and nutritious life for millions of women across America and will certainly enhance the City of Tustin in the eyes of residents and club members. All franchise locations around the wodd are required to allow traveling members to use local club facilities. This is important for Tustin residents both for when they travel and for when the have guests. Although exercising at our clubs is extraordinarily safe due to the smooth and safe hydraulic resistance of the (~uickfitT~ machines, all franchisees are required to maintain at least $1,000,000.00 dollars of liability insurance for the safety of club members, and the 1trine Company requires us to have $2,000,000.00. We feel that Tustin will be proud to welcome a second location of this hugely popular phenomenon to the City. Please find some relevant and interesting documents attached to this proposal. Sincerely, Daniel and Sara Ferry Owners TIME TIME BONUS SECTION INSIDE BUSINESS JUNE 2003 l Fat ;uc Overweight women are rushing to Curves, a fitness chain that's decidedly glamour free By HEATHER WON TESORIERO YOU HEAR THAT MARKETERS are open just seven hours a day, and there rector of research for the International are learning to portray aging baby are no showers, massagesorfruitsmoothies. Health, Racquet and Sports Association, boomers more realistically. But how You walk in, follow the drill and leave, the industry's largest trade organization. often do you see an ad that features Women-mostly 30 and up-love it. "Thefve carved out a niche within the thickening middle-age Americans? Without much fanfare, the 10-year-old, population that had never been served? privately owned Curves has become the Heavin also made it convenient and Hardly ever-and that's why you will world's largest fitness franchise, measured cheap to set up and run a franchise, which probably notice the new $16 million by locations. It accounts for a quarter of has inspired thousands of first-time entre- TV ad campaign by Curve~ [nfl., the U.S. gyms and pulls in about $750 million pmneurs, many of them women. Angie franchising phenomenon that has a year from almost 2 million members, ac- Holding, 56, of Wichita, Kaus., had fought opened more than 5,400 gyms for cording to founder and CEO Gary Heavin, a lifelong battle with fat and watched her women in the S0 states, Canadaandsixoth- 48, of Gatesville, Texas. Franchises are thrcc daughters and granddaughter do the er countries. Commercials for Curves show launching at a rate of nearly 200 a month, same. In 2000 a fit-looking friend pointed real women-think "before" not "after-- Heavin spent nothing on advertising her to Curves. "I'd never exercised in my slogging through their workouts. What's until this year, another way he has bucked life;' Holding says, but she found Curves'at- also different about Curves-and why its the fitness industrfs model. And even his mosphere-women in sweat pants rather business model is even more intriguing-is franchisees have not spent much-a few than Spandex-appealing. She joined after that it ignores the received wisdom about hundred dollars a month typically-touting her first visit. And at $29 a month (fees luxury-obsessed boomers. Curves' gyms are their locations. That's because Curves cus- range from $29 to $49, based on location), small, simple workout joints, olden in strip tomers, generally ignored by the 1990s fit- it didn't crunch her finances. malls, that cater to overweight women who ness frenzy that raced to reel in the prized Because muscle weighs more than fat, have never worked out. They offer only one 18-to-34 demographic, have spread the Curves measures success in inches, not service: atightly structured, 30-min. circuit- word almost evangelically. "What Curves pounds, lost. In a month of thrice-weekly training workout on eight to 12 exercise ma- has done is broken through the perception visits, Holding shed 8½ in. total from her chines. A recorded voice tells you when to that you have to be fit, coordinated and arms, legs, hips, waist and bust. She dec'id- move to the next machine. Most locations thin to go to a gym;' says Bill Howland, di- ed to buy a franchise while continuing to Reprinted through the courtesy of the Editors o£TIMI/Magazine © 2003 Time Inc. work as a real estate agent, spending the money back (and dropped from a size Physical Activity and Nutrition at Tufts $65,000 to set it up in a shopping center, 18 to a 1fl). "I never pictured myself in this University, says Curves' use of hydmnlic and enlisted daughter Diana, 36, to manage profossion~' says Naughton, a former resistance rather than actual weights al- it. Within three months, Holdings Curves Teamster driver on the TransAlaska lows users to exercise only when lifting, had400members. As Diana rapidly shrank pipeline. What got her interested, shesays, not when lowering. Heavin concurs but from a size 22 to a 12, shedding 48 in. from is that Curves customers seemed to be hay- says the resulting reduction in muscle gain her figure, she decided to open her own ing fun-a word not often associated with is, for Curves' mostly novice clientele, Curves on the other side of town. Holdings more than offset by greater safety, because youngest daughter Danielle, a recent colo most muscle injuries occur during the lege grad, got help fi~m Mom in opening lowering phase of weight-bearing exer- the first Curves in Austin, Texas, in 2001. eise. He gleaned this fact from Jack The Holdings are the ldnd of owners Wilmere, professor of physiology at Texas Heavin hoped for when he set the monthly A&M. franchise fee at alow $395 in 1995. His sue- The appeal of Curves, though, can be cess took the franchise industry by sm'- judged by how many shnilar formats are prise.'~Afewyearsago, thiscempanyealled being pushed by competitors, including Curves started showing up on our lists,~ $~nd~r lady, started in 1997 in Lompoe, says Maria Anton, executive editor of Calif, and LadiN ~r~m~t ~, Entrepreneur magazine, which recently hunched last year in Aflanta~ That ixend, ranked Curves the fastest-growing fran- cembined with the rising number of chise in the world. %Ve said, ~vVhea, where Curves locations, has some franchisees did this company come from?" worried they will soon be fighting not only Heavin and his wife Diane, 41, had fat but one another. Karen Merey, 40, who managed and owned traditional gyms in opened her Burton, Mich., Curves last Houston. Heavin had made his first million April and has more than 750 customers, by the age of 26, then lost it all by 30 after says, "I wonder ff we're going to saturate trying to expand too quieldy and broadly. In the market: Heavin says at current growth setting up the Curves chain, he avoided rates, the domestic Curves franchises will debt for himself and his franchisees by be sold out nex~ year. There are 500 foreign keeping down costs and growing at a rote franchises, in Mexico, Canada and several he could afford. The typical Curves inhab- European ceuntries, and he plans to step up its just 1,200 sq. ft. to 1,500 sq. ft. and can lifting weights, expansion in those markets. (Heavin be profitable with as few as 200 members. Heavin designed Curves' hydraulic- tweaks the formula to aecemmodate local Those low numbers let owners foous on resistance machines to require minimal preferences. Curves locations overseas, for service rather than member recruitment, adjustment between users. (He has the instance, have showers, amenities not of- Liz Naughton, of Kodiak, Alaska, machines made at a plant in Los Fresnos, fered to American women because they opened her franchise five months ago after Texas.) An exerciser spends only 30 sec- tend to prefer the privacy of their own beingtaken to aCttrves byher daughterin onds on a station, then keeps her heart bathrooms.) Curoes, abookofworkout and Palmer, Alaska~ When Naughton, 47, rate up by walking or jogging in place be- diet advice co-authered by Heavin, is hit- cracked her nest egg for the initial $19,900 fore moving to the next one. ting stores now. The women keep ceming, investment, her husband thought she was The workout is not without critics, hoping for be~ter bedies-without having nuts, she says. She has already made haft Miriam Nelson, director of the Center for to be surrounded by them. · Contact: Sara Ferry 13112 Newport Ave, Suite A Tustin, CA 92780 (714) 838-3837 Curves International TIMELINE AND SUCCESS STATISTICS 1992 · First Curves for Women center opens in Harlingen, Texas 1995 1996 1997 1998 1999 · First Curves for Women franchise center opens in Paris, Texas · Curves grows to 44 locations · 247 Curves locations are opened · Curves more than doubles in size to 537 locations · Curves has 860 locations and is chosen by Entrepreneur Magazine as the "number one best new franchise" · First Curves for Women center opens in Canada 2000 2001 2002 2003 · First Curves for Women center opens in Spain · Curves grows to 1,258 locations and is named again by Entrepreneur Magazine as the "number one best new franchise" · First Curves for Women center opens in Mexico · Curves almost doubles in size to 2,221 locations and Entrepreneur Magazine ranks Curves as the l0th fastest growing franchise · Guinness Book of World Records names Curves as the world's largest fitness center franchise · First Curves for Women center opens in UK · In January 2002, Entrepreneur Magazine ranked Curves as the 3rd best franchise and 3rd fastest growing franchise ° Curves has 5,000 clubs by year's end. · In January 2003, Entrepreneur Magazine ranked Curves as the 2rd best franchise overall, the fastest growing franchise, and the #1 fitness franchise -more- Curves Timeline and Success Statistics Page 1 CURVES SUCCESS STATISTICS · Curves has 5,000 clubs and is approaching 2 million members · Curves is the world's largest fitness center franchise, according to the Guinness Book of World Records · Curves opens a new location on average every 4 hours · In less than 7 years, Curves has one location for every 3 McDonalds in America · Curves is the first to offer a nationwide fitness program that: o is complete and only takes 30 minutes o is designed for women o includes weight loss guidance o provides strength training to protect muscles and bone density · Curves has created opportunities for thousands of people (most of them women) to own their own business · In January 2003, Entrepreneur Magazine ranked Curves as the 2rd best franchise overall, the fastest growing franchise, and the #1 fitness franchise Curves Timeline and Success Statistics Page 2 Contact: Sara Ferry 13112 Newport Ave, Suite A Tustin, CA 92780 (714) 838-3837 SUCCESS STORIES FROM WOMEN WHO KNOW CURVES BEST...ITS MEMBERS WORKING OUT HELPED ME BEAT MULTIPLE SCLEROSIS ... AND WALK AGAIN! Tara F. - Connecticut- Curves Member Since June 2000 **LOST 81 POUNDS AND 33 INCHES] "Curves gave me my life back. At 26 1 was diagnosed with multiple sclerosis (MS) and also was an insulin dependent diabetic. I was confined to a wheelchair and told by my doctor that I would never walk or work again. My mother did everything for me from feeding to dressing me and even tasks of helping me get in and out of bed. After 4 weeks at Curves, my legs went from 3% strength to 70% strength and my arms went from 20% to 90% strength. After 4 months, I didn't use a wheelchair, a walker or a cane. Today, I am insulin and medication free, and have lost 81 pounds and 33 inches. In October of 2001, Curves helped me reach my dream...walking down the aisle in my wedding dress!" OVERWEIGHT TEEN COMBATS HEALTH PROBLEMS! April N. - Mississippi - Curves Member Since June 2000 **LOST 101 POUNDS AND WENT FROM A SIZE 28 TO A 10! "When I started Curves in June of 2000, I was 15 years old and weighed 272 pounds. The doctor told me I had to do something because I was so overweight that I was facing health problems. The Curves program...Quiekfit & 'Permanent R~sults Without Permanent Dieting' is the only thing I've ever tried that worked and I have kept the weight off. It takes major commitment, but anyone can do it if I can." MOM GETS FIT AND WOWS KIDS! Victoria M. - Ohio - Curves Member Since June 2000 **LOST 54 POUNDS, 41 INCHES AND WENT FROM A SIZE 24 TO 9! "Every year, many people make a resolution to something different with their lives. Like many other years in the past, I resolved to lose weight. I had reached a weight that I was not only uncomfortable with, but I was begi~nirtg to have health concerns. Today, my life is radically changed thanks to Curves for Women. The first fmae I went, I knew that Curves was going to work for me. The Curves program gave me a new outlook on exercise and feeding my body properly. I'm now able to play with my children in a more active manner, something I was never able to do before. I just feel better about myseff, and I owe it aH to Curves!" -more- Curves Testimonials Page 1 I*M WORTH IT! Mary Pat M. - Iowa - Curves Member Since June 1999 **LOST 40 INCHES! "Curves has provided me with an encouraging and supportive atmosphere that comes not only from the staff, but also from the other members. The casual atmosphere of Curves provided a nurturing environment where I could work at my own pace and not worry about how I look or if I was keeping pace with everyone else. Within months of starting the program, I had an energy level that I hadn't experienced for years, I had strength in my arms that I never had before and my kids were surprised to see that I was ready to tackle all kinds of projects around the house instead of resting on the sofa. This program provides me with a workable exercise routine where progress not perfection is my goal. For me, the commitment of exercising three times a week combined with the help of the staff and other Curves members keep the rewards coming into my life. My self image and self esteem are soaring!" SAY GOODBYE TO HIGll BLOOD PRESSURE AND ASTHMA Klm M. - Oklahoma - Curves Member Since October 1999 **LOST 85 POUNDS, 68 INCHES AND WENT FROM A SIZE 26 TO A 12! "Curves has been one oftbe best decisions that I've made in my life! I've been overweight for as long as I can remember and have tried unsuccessfully to lose weight. Since joining Curves, not only has my appearance changed drastically, but my high blood pressure became normal and my asthma has diminished. I found myself with an abundance of energy that I never had before. Everything about me has improved from health issues to self-esteem and even to my overall family life. I am proud of my accomplishments and very grateful for the Curves program and support and motivation given to me by the Curves staff. Curves has been 'life changing,' thank you for helping me find the person that I have always wanted to be for my family and myse~" Curves Testimonials Page 2 COMPANY FACT SHEET CORPORATE HEADQUARTERS: 400 Schroeder Drive Waco, Texas 76710 (p) 800-848-1096 (f) 254-741-9249 www.curvesintemational.eom KEY EXECUTIVES: Gary Heavin Founder, Chief Executive Officer Diane Heavin Founder Gary Findley President COMPANY MISSION STATEMENT: "We commit our methods, systems, and motivation to helping people, whether a Curves member or franchise owner, to help themselves in their quest to attain a better quality of life." OVERVIEW: The first Curves for Women location was established in 1992 in Harlingen, Texas, by two committed veterans of the business and fitness advertising industries, Gary and Diane Heavin. The founders recognized the need to help prevent deteriorating health and potential illness through proper fitness. Curves franchise operations began in 1995. Just eight short years later, the system is approaching 2 million members and has 5,000 locations around the world. Curves is the first facility designed for women to offer 30-minute fitness and common sense weight loss with the support of a community of women. The Curves workout allows women of all ages and fitness levels to combine strength and cardio training through hydraulic resistance. -more- Curves Company Fact Sheet Page 1 NUMBER OF FRANCHISES: 5,000 open and another 1,000 under construction ESTIMATED MEMBERS TO DATE: Approaching 2 million, representing 50 states and 3 continents (North America, South America, Europe) FOR MORE INFORMATION: Mike Raymond Curves International 800-848-1096 X2259 mmymond~curvesintemational.eom -or- Andrea Walker Curves International 800-848-1096 X2240 awalker~curvesintemafional.com Curves Company Fact Sheet Page 2 ATTACHMENT C Parking Summary i us[m iv, arKe[ t~lace t~arKin(. 6ummary t~~p~ Square Foot Parking Ratio R~_quired Parking Parking Pravided Ikea 141,314 L 1/200 706.57 Toys 'R' Us .,' .... 47,298 _1/2_00 236.49 Krauses .L _ 18,83.2 . L 1/200 ..... 79.16 · Home Depot .97,6,51 1/200 488.26 In-line Retail 82,036 = 1/200 410.18 SUbTotal .... = =~ _' 384 13_1 . ~= =' = ~ = _- =- 1921 ~ ~- ' 1649 Rear Parking i77 Subtotal Parking ....... *"1826 Kids 'R' Us .22,2301 1/2-22 L {00.14 T.J. Max ~" 25,800~ 1/222 116,22 ~ Old Navy _ ~ '~ 19 126; ~ ~/222 - -' 86.15 Ross 25,000 1-/222 .... 112.61 ~ - ' Millers Outpost 10,652 1/222 47,98 ' ' Chiok'$ 49 619 1/222' ' 22-3.5;i - The good .Guys 27,186 - 1/~22 . - _!22.46 .... In~ine Retail _ 36~779 _ 1/222 -~ = 165.67J SubTotal ..... 216,392 . -. _.~ 97.~ ~'i93 Rear Parkl%q 150 Subtotal Parking ....... *'"'1343 Retail _ ~-fl, ,',',',',',',',','3~"5 34~'-j~'~2_. ~ 1/222. ~5~-.oz. ~ '_Sap_od ' 3,0'71 t/222 13~83 i, . _ Red Robin ~ ~ ~ ~ 6,476 *'~ per'~7.~ 88.35 39 Patio Seats I per.3_se__ats ~ 13.00 ~ard"CIn~ma~ (_l ,420 Seat~ - ~ ~9 616 1/222 132.95 Tower Records ~ - .. 10,01_0 - 1/2~2 ' 45.09 Book Star ~ . 10 560 1/222 47.52 Unbull~ Enti#ement 8,500 1Per 75 128 (-`50 ~3 7d sPace~) ~Sub Total 90,4i4 606- "698 SOuth Village .... ~ : = = = ~ ~ ;~ .,,~ .; ,. ., Retail ...... i = = 14;000 ~ - :~/~00' ~ = 2-8,00 ~arl, sj~.-_ ~3,4.89= .1/1~00 .. ' ~4. Sg , ~21 Patio Seats I per 3 seats_ 7 El ~olo Loc° = 2,803 1/100 28.03 15 Patio Seats 1 PO! 3 seats 5 Ta~o Bell ' 2,643 1/100 28.43 In-N-Odt ...... 3,~48 ' 1/100..-~ ' ~,,31'~8 · - = 1'8 PaUo Seats l~.per. 3 seal~ 6 Black Angus ...... = 10 285 1 .per 75 * _ 158 -' Dance Floor 1 per 7 sq,ft. 36 Sub tal .. 36, 681 3;1 278 ~~ ~ ~ 7~;7,3'05 ' '~'8,6"~1 , '*'4i46 - Restaurant Uses are 1/75 square feet for up to §,000 and 1/55 for anything over "This number includes (50-70) parking spaces that would be taken by development of the unbuilt portion "* This number inlcudee the rear parking area ATTACHMENT D ResolUtion No. 3887 RESOLUTION NO. 3887 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 03-015, AUTHORIZING THE ESTABLISHMENT OF A HEALTH CLUB WITHIN A 1,039 SQUARE FOOT TENANT SPACE LOCATED AT 2875 EL CAMINO REAL, WITHIN THE TUSTIN MARKET PLACE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: That a proper application, Conditional Use Permit 03-017, has been filed by Daniel and Sara Ferry, requesting authorization to establish of a health club in a 1,039 square foot tenant space at 2875 El Camino Real, within the Tustin Market Place. That the proposed use is allowed within the Planned Community Mixed Use (PCMU) District with the approval of a Conditional Use Permit. That the proposed use is consistent with the General Plan land use designation Planned Community Commercial/Business which provides for a variety of retail, professional office, and service-oriented business activities. 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. That a public hearing was duly called, noticed, and held for said application on August 11, 2003, by the Planning Commission. 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 a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: Resolution No. 3887 CUP 03-017 Page 2 The proposed use, as conditioned, would not be detrimental to surrounding properties in that the hours of operation, number of participants, and scope of operations for the proposed health club would be compatible and consistent with the retail uses in the center and nearby residential properties. The proposed use, as conditioned, would not be detrimental to surrounding tenants or properties. Since the maximum number of clients and staff members would be limited by the eight (8) allocated parking spaces, sufficient parking would be available for existing and proposed uses. In addition, the use will not generate significant traffic and the existing roadway system can accommodate the existing and proposed uses. The proposed use, as conditioned, will not be detrimental to property and improvements or the general welfare of the City in that no exterior improvements to the building or property are proposed. This project is Categorically Exempt pursuant to Section 15301, Class I of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 03-017 authorizing establishment of a health club in a 1,039 square foot tenant space located at 2875 El Camino Real, 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 11th day of August, 2003. ELIZABETH A. BINSACK Planning Commission Secretary LINDA C. JENNINGS Chairperson Resolution No. 3887 CUP 03-017 Page 3 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. 3887 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of August, 2003. ELIZABETH A. BINSACK Planning Commission Secretary (1) (1) (1) (1) GENERAL EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 03-017 1.1 1.2 The proposed use shall substantially conform with the submitted plans for the project date stamped on the date of approval 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 plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. 1.4 Approval of Conditional Use Permit 03-017 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 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 for this project. As a condition of approval of Conditional Use permit 03-017, 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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEIS (4) DESIGN REVIEW *** EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A of Resolution No. 3887 CUP 03-017 Page 2 (1) 1.6 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. USE RESTRICTIONS (1) (1) (1) The maximum number of instructors shall be limited to two (2), and there shall be a maximum of eighteen (18) clients in the facility at any given time based upon one (1) parking space for every three (3) clients and one (1) for each instructor. 2.2 Hours of operation shall be limited to: Monday through Friday Saturday and Sunday 9:00 a.m. to 9:00 p.m. 10:00 a.m. to 6:00 p.m. Modifications to the hours of operation may be approved by the Director of Community Development if it is determined that no impacts to the surrounding tenants or properties will occur. 2.3 No congregation in the parking area or walkways is allowed in association with the use. 2.4 The subject property shall be maintained in a safe, clean, and sanitary condition at all times. The applicant is responsible for collection of any trash associated with the health club or its participants. 2.5 No signs or other forms of advertising or attraction may be placed on the site without approval from the Community Development Department. (1) 2.6 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 facility, 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 measures may include, but are not limited to, the following: Adjust hours of operation. Reduce client enrollment. Exhibit A of Resolution No. 3887 CUP 03~017 Page 3 (1) 2.7 No change or alteration of the tenant space shall occur without prior approval of the Community Development Director. Major modifications to the floor area, services, and/or operation of the business may require consideration of a new Conditional Use Permit by the Planning Commission as determined by the Director of Community Development. PLAN SUBMITTAL (C) 3.1 Prior to the start of operations and at the time of building permit application, plans shall be submitted to demonstrate compliance with the most recently adopted codes and regulations, including, but not limited to, the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, and all other applicable City Ordinances, and State and Federal laws and regulations. Building plan check submittal shall include the following: Four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical. · Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (c) 3.2 The submitted plans shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter Four, Table 4-1, as per type of group occupancy, or as approved by the Building Official. (c) FEES 3.3 The submitted plans shall identify that the vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones are accessible to persons with disabilities. (1)(5) 4.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. Building plan check and permit fees to the Community Development Department based on the most current schedule. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. Exhibit A of Resolution No. 3887 CUP 03-017 Page 4 (2) 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 forty- three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the 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.