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HomeMy WebLinkAboutPC RES 3887RESOLUTION NO. 3887 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 03-017, 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: Ao 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 II. 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 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 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 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. Planning Commission Secretary (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) 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 CODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) 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 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. (1) 2.3 No congregation in the parking area or walkways is allowed in association with the use. (1) 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. (1) 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: a. Adjust hours of operation. b. 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 (C) 3.2 (C) 3.3 FEES (1)(5) 4.1 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. 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. 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. 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. Ao 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.