HomeMy WebLinkAbout05 BASEBALLOGY CUP 2016-20 I
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AGENDA REPORT ITEN4 #5
MEETING DATE: OCTOBER 25, 2016
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 2016-20, A REQUEST TO ESTABLISH A
PRIVATE, INDOOR RECREATIONAL USE (BASEBALL HITTING AND
PITCHING TRAINING) WITHIN AN EXISTING INDUSTRIAL OFFICE
SPACE
APPLICANT: JEFFERY CHUN
BASEBALLOGY
2872 WALNUT AVE., UNIT D
TUSTIN, CA 92780
PROPERTY OWNER: LORE S. THOMPSON
26985 MORO AZUL
MISSION VIEJO, CA 92691
LOCATION: 2872 WALNUT AVENUE, SUITE B
GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS
ZONING: PLANNED COMMUNITY INDUSTRIAL (PC IND)
EXISTING LAND USE: INDUSTRIAL OFFICE COMPLEX
ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) SECTION 15301 , CLASS 1
REQUEST: TO ESTABLISH A PRIVATE INDOOR RECREATIONAL USE,
INCLUDING BASEBALL HITTING AND PITCHING
TRAINING, WITHIN AN EXISTING 2,632 SQUARE-FOOT
TENANT SPACE LOCATED WITHIN A LIGHT INDUSTRIAL
OFFICE COMPLEX
PC Report
October 25, 2016
CUP 2018-20
Page 2
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2872 Walnut Street, Suite B
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4334, approving the establishment
of a private indoor recreation facility for baseball hitting and pitching training within an
existing 2,632 square-foot tenant space located at 2872 Walnut Avenue, Suite B.
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 2872 Walnut Ave., Suite B is located within the Planned Community
Industrial (PC IND) Zoning District and subject to the Irvine Industrial Complex, Tustin,
Planned Community District Regulations. The General Plan designation is Planned
Community Commercial/Business, which allows for light industrial and professional office
uses.
PC Report
October 25, 2016
CUP 2016-20
Page 3
The subject property is located on the southwesterly corner of the intersection of Myford
Road and Walnut Avenue. The project site is located in an existing industrial office
complex known as the Park Irvine Business Center and developed with eleven (11)
single story buildings with approximately 190,700 square feet of tenant space. The
subject tenant space is located in a building in the center portion of the property (Figure
1). The Park Irvine Business Center was originally built as an industrial office complex
for small industrial office businesses. The buildings have numerous store fronts, the
tenant suites also have roll-up doors. There are a total of 410 parking spaces in the
center.
Figure 1 — Area Map
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In 1991 , the Tustin City Council adopted Ordinance No. 1076 approving Zone Change
(ZC) 91-03 to amend the Irvine Industrial Complex Planned Community, allowing for
private indoor recreational uses such as batting cages, dance studios, gymnastic
studios and martial arts studios as conditionally permitted uses and established the
parking ratio for theses uses as one (1) space for every three (3) persons. A Negative
Declaration was prepared in conformance with the California Environmental Quality Act
PC Report
October 25, 2016
CUP 2016-20
Page 4
(CEQA) and it was determined that there would not be a significant effect on the
environment. These "assembly type" uses were determined to be consistent with other
industrial and commercial districts. Specific parking standards, consistent with those of
other similar uses in the Zoning Code, were incorporated into the Planned Community
text.
PROJECT DESCRIPTION:
Proposal
The applicant is requesting approval to use the existing 2,632 square-foot tenant space for
a baseball hitting and pitching training facility that caters to children and adults. The
proposed floor plan consists of two (2) training areas, one (1) for the batting cage and one
(1) for soft-toss and swing away. Other uses in the tenant space include reception area,
office and restrooms. (Figure 2)
Figure 2 - Proposed Floorplan & Batting Cage
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The applicant indicates that training activities would typically include hitting and pitching
instruction for players aged eleven (11) years old to adults. As proposed, there are
opportunities for team or group training as well one-on-one training. Team training would
PC Report
October 25, 2016
CUP 20115-20
Page 5
typically consist of six (6) to twelve (12) players and two (2) parent/coaches. Individual hitting
training includes one (1) player and one (1) instructor or parent. Athletes and instructors can
schedule training time through an intemet-based scheduling system.
Business Hours
The proposed activities would primarily be scheduled during the afternoon, evenings and
weekend. The training sessions can last between fifteen (15) minutes and several hours
long,,depending on the type of training and how much training time has been scheduled.
The applicant has proposed the following business hours:
Day - Summer Hours: Fall,Winter, Spring Hours:
Moeda -Friday 12:00 R.m.—9:00 p.m. '3:00 .m.—10:00 .m. .
Saturday 10:00 a.m.—5:00 pJM. 10:00 a:m.--5:00 p.m.
Sunda Closed Closed
Other:. indoor recreational uses previously approved in this area by the Planning
Commission had closing times of 9:00 p.m. at the latest.. .In't'he interest of consistency,
safety and security for the business and surrounding area, staff has included Condition 2.3
requiring the business to close at 9:00-p.m. on weekdays.
ANALYSIS:
Use and Compatibility
The Planned Community Industrial , (PC IND) zoning and the associated Planned
Community District Regulations for the Irvine Industrial Complex allow uses such as.
offices and other support .commercial uses, as well as manufacturing, assembly,
warehousing, laboratories,'and other light industrial uses.
The Park Irvine.Business Center currently has a mix of businesses including laboratories,
offices, manufacturing, machine shops, warehouse, wholesale, and audio-video
production. The businesses in the center generally operate inside the buildings with no .
regular outdoor business activities and:no outdoor storage areas. The applicant is aware
of and:accepts that more intensive industrial uses are allowed to operate within the Park
Irvine Business Center industrialoffice complex.
The proposed use is essentially a batting cage use for the purpose of developing and
improving baseball skills, and is conditionally permitted within the Planned Community
District. As proposed, the training sessions start as early as 12:00 p.m. on the weekdays
and 10:00 a.m. on the weekends. The majority of the activity would occur after 5:00 p.m.
or on the weekends when most other businesses in the complex are closed, which has the
effect of reducing the chances of use.conflicts between the industrial office uses and the
proposed business.
PC Report
October 25, 2016
CUP 2016-20
Page 6
Withi respect to the proposed site, the center was developed as an industrial office
complex in the late 1970s. A large majority of the businesses in the center are light
industrial, office, and warehouse uses. The proposed use would be Iocated in a space that
was once occupied by a machine shop business and later converted to a sports apparel
and equipment showroom. The adjacent tenants are currently a machine shop and
abrasives supplier business and a toy and cosmetics wholesale business. Approval of the
proposed project would not significantly or fundamentally change the original purpose and
use of the Park Irvine Business Center.
As proposed and conditioned, the training facility would be compatible with the existing
surrounding uses in that all activities will take place inside the tenant.space, minimizing the
likelihood of exposure to industrial use activities. The applicant has stated that players
and instructors are 'informed that no training activities may take place outside the tenant
space and players waiting to be picked up must remain indoors until their transportation
arrives. In addition, the majority of the training activities take place after normal business
hours.
Noise
According to the applicant, training sessions for hitting would involve using wooden and
composite baseball bats; however noise generated from this activity is not anticipated to
be disruptive. The applicant states that there will be carpet and foam on the walls for
protection, which will also serve to dampen noise. 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 the training activities.
Should a noise problem arise in the future, staff has provided Condition 1.8, which may
require the applicant to implement noise mitigation if it is deemed that negative impacts
are occurring in violation of City regulations and conditions of approval.
Parking
In accordance with the Planned Community District Regulations for the Irvine Industrial,
Complex, one (1) parking space is required for every three (3) persons. According to the
parking summary provided by the property manager, the tenant space is allotted 5.6
parking stalls, which would allow for a maximum sixteen (16) persons within-the tenant
space at any given time, including instructors and employees.
During training, there would be about fourteen (14) persons for team training and individual
training would have two (2) persons for a total of sixteen (16) persons. As proposed, no
parking problem is anticipated to result from the proposed use.
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.
PC Report
October 25, 2016
CUP 2016-20
Page 7 c
Given the proposed number of individuals, there would be an appropriate volume of
people in the tenant space and therefore would not likely generate negative impacts to the
surrounding tenants from foot traffic, parking availability and noise.
ENVIRONMENTAL:
This project is categorically exempt from further environmental review pursuant to CEQA
Section 15361, 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.
FINDINGS:
In determining whether to approve the CUP for the baseball hitting and pitching training
facility, 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. The proposed baseball hitting and pitching training
facility is similar to a batting cage facility in which patrons would develop and
improve their baseball skills.
2) The proposed baseball hitting and pitching training facility is located in a large
multi-tenant industrial office complex and potential conflicts between the use and
other tenants is not anticipated based on the conditions to be imposed and that
most of the activities are scheduled in the afternoon, after normal business hours a
and during the weekend. As conditioned, the number of occupants, types of
activities and hours of operation would be compatible with the neighboring light
industrial and office uses, and the applicant would be required to notify the City of
any changes to the use of the facility.
3) As conditioned, the proposed use would not result in any parking impacts because
the maximum'number of occupants will be limited to sixteen (16) persons at any
given time based upon the parking ratio of one (1) parking space per every three
(3) persons, and the 5.6 parking spaces allotted to the tenant space. In addition, a
transition period would be provided between training sessions.
PC Report
October 25, 2016
CUP 2016-20
Page 6
4) As conditioned, no noise impacts are anticipated as all training activities shall be
conducted entirely within the building and would be required to comply with the
City's Noise Ordinance.
5) As conditioned, CUP 2016-20 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 2016-20 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 City's Public Works Department, Police Department and Building Division
have reviewed and support the development of the proposed project, as
conditioned.
8) 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 training facility.
Edmelyn V. Hutter Elizabeth A. Binsack
Senior Planner Director of Community Development
Attachments.
A. Location Map
B. Land Use Fact Sheet
C. Submitted Plans
D. Resolution No. 4330
ATTACHMENT A
Location Map
LOCATION MAP
CUP 2016-20: 2872 WALNUT AVE.
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PROJECT SITE
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ATTACHMENT B
Land Use Fact Sheet
LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): CUP 2016-20
2. LOCATION: IRVINE INDUSTRIAL COMPLEX 3. ADDRESS: 2872 WALNUT AVENUE SUITE B
4. APN(S): 432-503-48
5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: NONE PERTAINING TO TENANT
6. SURROUNDING LAND USES: ,
NORTH: INDUSTRIAL/OFFICE SOUTH: INDUSTRIAL/OFFICE
EAST: INDUSTRIALIOFFICE 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 COMM ERCIALIBUSINESS SOUTH: PC COMM ERCIALIBUSI NESS
EAST: PC COMMERCIALIBUSINESS WEST: PC COMMERCIAL/BUSINESS
9. SITE LAND USE:
A. EXISTING: INDUSTRIALIOFFICEISUPPORT COMMERCIAL
B. PROPOSED: SAME
C. GENERAL PLAN: PC COMM ERCIALIBUSINESS PROPOSED GP: SAME
D. ZONING: PC IND PROPOSED ZONING: SAME
DEVELOPMENT FACTS:
10. LOT AREA: 10.2 ACRES APPROX.
11. PARKING: 410 PROVIDED STALLS; NO CHANGE TO PARKING
12. TENANT IMPROVEMENTS: NONE
ATTACHMENT C
Submitted Plans
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Tustin, CA 92780
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Business Operations
- Summer hours 12pm-10pm Monday-Friday
10am-5pm Saturday
Closed Sunday
Fall, Winter, Spring.hours 3pm-10pm Monday-Friday
10am-5pm Saturday
Closed Sunday
All scheduling is done through Schedulista app
http://www.schedulista.com/schedule/baseballogy/choose_time?provider id=1073757
01$&service id=10738 .1715
- The facility will be used for team and individual baseball hitting training
One enclosed area that is netted off with Iron Mike pitching machine as well as 5
stationary hitting-stations.
Team training is 6-12 players instructed by minimum 2 coaches (parents)
Individual hitting lessons are scheduled by 30 minutes to 1 hour (1 player, 1 instructor) 1
Individual hitting is scheduled anywhere from 15 minutes to 1 hour (1 player, 1 parent)
ATTACHMENT D
Resolution No. 4330
RESOLUTION NO. 4330
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 2016-20 AUTHORIZING THE ESTABLISHMENT
AND OPERATION OF A PRIVATE INDOOR RECREATIONAL
USE FOR A BASEBALL HITTING AND PITCHING TRAINING
FACILITY.
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) 2016-20
was filed by Jeffery Chun, of Baseballogy, requesting authorization to
establish and operate an indoor baseball hitting and pitching training
facility within an existing 2,632 square-foot tenant space located at
2872 Walnut Avenue, Suite B.
B. That the Irvine Industrial Complex Planned Community District
regulations and the PIanned Community Commercial/Business
General Pian 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
2016720 on October 25, 2016, 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. The proposed baseball hitting and
pitching training facility is similar to a batting cage facility in which
patrons would develop and improve their baseball skills.
2) The proposed baseball hitting and pitching training facility is
located in a large multi-tenant industrial office complex and
potential conflicts between the use and other tenants is not
anticipated based on the conditions to be imposed and that
most of the activities are scheduled in the afternoon, after
Resolution No. 4330
Page 2
normal business hours and during the weekend. As
conditioned, the number of occupants, types of activities and
hours of operation would be compatible with the neighboring
light industrial and office uses, and the applicant would be
required to notify the City of any changes to the use of the
facility.
3) As conditioned, the proposed'use would not result in any parking
impacts because the maximum'number of occupants will be
limited to sixteen (16) persons at any given time based upon the
parking ratio of one (1) parking space per every three (3)
persons, and the 5.6 parking spaces allotted to the tenant space.
.In addition, a transition period would be provided between
training sessions.
4) As conditioned, no noise impacts are anticipated as all training
activities shall be conducted entirely within the building and
would be required to comply with the City's Noise Ordinance.
5) As conditioned, CUP 2016-20 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 2016-20 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 City's Public Works Department, Police Department and
Building Division have reviewed and support the development
of the proposed project, as conditioned.
8) 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 training facility.
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).
11. The Planning Commission hereby approves CUP 2016-20 authorizing the
establishment and operation of an indoor baseball hitting and pitching
training facility located within an existing 2,632 square-foot tenant space
Resolution No. 4330
Page 3
located at 2872 Walnut Avenue, Suite B, 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 25th day of October, 2016.
AUSTIN LUMBARD
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. 4330 was duly passed and
adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of
October, 2016.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
ELIZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
RESOLUTION NO. 4330
CONDITIONAL USE PERMIT 2016-20
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped October 25, 2016, on file with the Community
Development Department, 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 subsequent minor
modifications to plans -during plan check if such modifications are
consistent with provisions of the Tustin City Code (TCC).
(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 and associated fee are 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) 2016-20 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 2016-20 may be reviewed on an annual basis, or more often if
necessary, by the Community Development Director. The Community
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODEIS (7) PCICC POLICY
(4) DESIGN REVIEW ***-EXCEPTION
Exhibit A
Resolution No.4330
CUP 2016-20
Page 2
Development Director shall review the use to ascertain compliance with
conditions of approval. If the use is not operated in accordance with CUP
2016-20, or is found to be a nuisance or negative impacts are affecting the
surrounding.tenants or neighborhood, the Community Development Director
shall 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's Community Development Director, Police Chief,
and/or Public Works Department determine 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, Police Chief, and/or Public Works
Department may require that the applicant 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, Police Chief, and/or Public Works :Department.
Said mitigation measures may include, but are not limited to, the following:
(a) Adjust hours of operation.
(b) Reduce the number of instructors and/or students.
(c) Provide additional parking.
(d) Provide noise attenuation.
(1) 1.9 As a condition of approval of CUP.2016-20, 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 persons
present at any one time shall not exceed a total of sixteen (16) persons, in
compliance with the parking requirements and the 5.6 parking spaces
Exhibit A
Resolution No.'4330
CUP 2016-20
Page 3
allotted to the tenant space. Should additional parking spaces be
provided to the tenant space, the number of persons may be increased
based on one (1) parking space for each three (3) persons, subject to
review and approval by the Community Development Director.
(1) 2.2 Training facility activities may include private training for baseball skills
such as hitting and pitching. Open houses, training exhibitions, or other
similar events that might be attended by more than sixteen (16) 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.
(1) 2.3 The hours of business operation shall be as follows:
Day Summer Hours: Fall, Winter, Spring Hours:
Monday- Friday 12:00 p.m.—9:00 p.m. _3:00 p.m.—9:00 M.
Saturday 10:00 a.m.—5:00 p.m. 10:00 a.m.=5:OO.p.m.
Sunday Closed Closed
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.
(1) 2.4 Class sessions shall be concluded with sufficient time for attendees of the
prior session to vacate the site prior to arrival of attendees of the next
session.
(1) 2.5 All activities. shall be located within the enclosed building. No loitering
outside the tenant suite shall be allowed. Training facility attendees shall
remain inside while waiting for instruction or to be picked up. Staff
members shall supervise and be responsible for waiting attendees.
(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 outdoor storage shall be permitted except as approved by the
Community Development Director
(1) 2.8 The applicant shall be required to notify.the City of any changes to the use
of the facility.
(1) 2.9 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
Exhibit A
Resolution No.4330
CUP 2016-20
Page 4
PLANCHECK SUBMITTAL
(1) 3.1 The applicant shall apply for a change of occupancy permit from the
Tustin Building. Division within ten (10) business days of approval of the
subject project. Any physical changes resulting from the change of
occupancy_review that requires a building permit shall be applied for and
work completed within forty (40) business days.
(1) 3.2 At.the time of building permit application, the plans shall comply with the
latest edition of the codes (building codes, Green Building Code), City
Ordinances, State, Federal laws, and regulations as adopted by the City
Council of the City of Tustin.
(1) 3.3 Prior to issuance of a permit, the applicant/contractor is required to submit
a Waste Recycling and Reduction Plan (WRRP) to the Public Works
Department. The WRRP must indicate how the applicant will comply with
the City's requirement (City Code Section 4351, et al) to recycle at least
fifty (50) percent of the project waste material or the amount required by
the California Green Building Standards Code. The applicant shall submit
a security deposit in the amount of five (5) percent of the project's
valuation as determined by the Building Official, rounded to the nearest
thousand, or $2,500, whichever is greater. In no event shall a deposit
exceed $25,000.
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.
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