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HomeMy WebLinkAboutZAA 16-011 ZONING ADMINISTRATOR ACTION 16-011 CONDITIONAL USE PERMIT 2016-17 2495 PARK AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 2016-17 was filed by Chase Villafana, of Planet Fitness, requesting authorization to establish and operate a fitness center within an existing 23,786 square-foot tenant space located at 2495 Park Avenue in The District at Tustin Legacy shopping center. B. That the property is zoned WAS Tustin Specific Plan (SP1) District with Planning Area 19 and has a land use designation of WAS Tustin Specific Plan within the General Plan, which provides for a variety of retail and service commercial uses including commercial recreation uses.. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That in accordance with TCC Section 9299b(3)(f), the Zoning Administrator is authorized to consider minor conditional use permits for existing development where there would be no change of primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2016-17 on October 24, 2016, by the Zoning Administrator. E. That the establishment, maintenance, and operation of the proposed fitness center 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: 1) Health clubs are conditionally permitted within the WAS Tustin Specific Plan and the proposed fitness center is similar to said ti use. 2) All activities would occur entirely within the building. 3) Parking for the proposed use can be accommodated in that the peak parking demand will be 4,815 parking spaces and there are Zoning Administrator Action 16-011 Conditional Use Permit 2016-17 Page 2 currently 4,833 parking spaces provided in The District at Tustin Legacy shopping center to accommodate the parking demand. 4) The proposed hours of operation are typical of a fitness center and are compatible with other uses within the center. As conditioned, security will be provided during late night and early morning hours. 5) As conditioned, no noise impacts are anticipated. 6) As conditioned, CUP 2016-17 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- 17 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, F. That this project is categorically exempt pursuant to Section 15301, (Class 1) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby adopts Zoning Administrator Action No. 16-011 approving Conditional Use Permit 2016-17 authorizing the operation of a fitness center within an existing 23,786 square-foot tenant space located at 2495 Park Avenue in The District at Tustin Legacy shopping center, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 24th day of October, 2016. ELIZABETH A. BINSACK ACTING ZONING ADMINISTRATOR VERA TI8CAR NO RECORDING SECRETARY Zoning Administrator Action 16-011 Conditional Use Permit 2016-17 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE } CITY OF TUSTIN } I, VERA TISCARENO, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 16-011 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 24th day of October, 2016. \1 �"�\ - - -k VERA t8CA RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2016-17 2495 PARK AVENUE GENERAL (1) 1.1 The proposed use shall substantially conform to the project description and submitted plans for the project date stamped October 24, 2016, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community 'Development may also approve minor modifications during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. , (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request 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 2016-17 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 "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 As a condition of approval of Conditional Use Permit 2016-17, the applicant and property owner 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 SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Zoning Administrator Action 16-011 Conditional Use Permit 2016-17 Exhibit A Page 2 the applicant and/or property owner 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 the defense of any such action under this condition. (1) 1.6 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.7 The applicant and/or property owner shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees,. subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 Conditional Use Permit 2016-17 may be reviewed at any time by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 2016-17, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. USE RESTRICTIONS *** 2.1 The business hours are twenty-four (24) hours a day, seven (7) days a week. At the minimum, the applicant and/or the property owner shall provide security personnel to monitor the gym business and surrounding areas between the late hours of 11:00 p.m. and 5:00 a.m. and no congregation and/or loitering in the parking area or walkways are allowed in association with the use during said late hours. Modifications to the hours of operation may be limited. by the Community Development Director if it is determined that impacts to the surrounding tenants or properties are occuring. (1) 2.2 All activities shall be located within the enclosed building. (1) 2.3 All activities shall comply with the City's Noise Ordinance. The applicant and/or property owner shall install, as necessary, interior sound attenuation material to minimize noise and/or vibration impacts on adjacent tenants. Zoning Administrator Action 16-011 Conditional Use Permit 20. 16-17 Exhibit A Page 3 (1) 2.4 If in the future the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis, traffic study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department and/or Public Works Department. Said mitigation may include, but are not limited to, the following: a) Establish alternative hours of operation. b) Reduce client enrollment. c) Provide additional parking. d) Provide noise attenuation improvements. (1) 2.5 Business operations shall be conducted in a manner that does not create a public or private. nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (1) 2.6 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 Zoning Administrator. (1) 2.7 All on-site signs, including permanent and temporary signs/banners, shall comply with The District at Tustin Legacy Master Sign Program. PLAN SUBMITTAL (1) 3.1 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) 3.2 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. Zoning Administrator Action 16-011 Conditional Use Permit 2016-17 Exhibit A Page 4 FEES (1) 4.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building and Planning plan check and permit fees (1, 6) 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 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.