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HomeMy WebLinkAboutPC RES 4361 RESOLUTION NO. 4361 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2017-26 AUTHORIZING THE ESTABLISHMENT AND OPERATION OF A PRIVATE INDOOR RECREATIONAL USE FOR A TRAINING AND INSTRUCTIONAL FACILITY FOR SPORTS, ART, MUSIC AND ACADEMIC ENRICHMENT. 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) 2017-26 was filed by Susan Boettger, of Lyceum Village SPC, requesting authorization to establish and operate an indoor recreational use for sports, arts, music and academic enrichment training and instruction facility within an existing 19,700 square-foot tenant space located at 14281 Chambers Road. B. That the Irvine Industrial Complex Planned Community District regulations and the Planned Community Commercial/Business General Plan 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 2017-26 on March 13, 2018, 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 training and instructional facility is similar to other indoor recreational uses previously allowed with a conditional use permit in this area. 2) The proposed training and instructional facility is located in a stand-alone building and potential conflicts between the use and surrounding businesses is not anticipated based on the conditions to be imposed and that most of the activities will take Resolution No. 4361 Page 2 place in the afternoon. 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 120 persons at any given time based upon the parking ratio of one (1) parking space per every three (3) persons, and the forty (40) parking spaces provided onsite. In addition, a transition period would be provided between instruction 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 2017-26 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 2017-26 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 City's Public Works Department, Police Department and Building Division have reviewed and support the development of the proposed project, as conditioned. 7) 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). II. The Planning Commission hereby approves CUP 2017-26 authorizing the establishment and operation of an indoor training and instructional facility for sports, art, music and academic enrichment located within an existing 19,700 square feet tenant space located at 14281 Chambers Road, subject to the conditions contained within Exhibit A attached hereto. Resolution No. 4361 Page 3 PASSED AND, ADOPTED by the Planning Commission of the City of Tustin at a regular , meeting on the 13th day of March, 2018, RY6ER TODD SMITH Chairperson ELIZABETH A, BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN: 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, Caffornia; that Resolution No. 4361 was duly passed and adopted at a regular rneefing of the Tustin Planning Commission, held on the 13th day of March, 2018. PLANNING COMMISSIONER AYES: Kozak, Lumbard, MasqnSmitt,. Th2ELpson (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: 7ELIZABETH A. BINSACK Planning Cor-ni-Tiission Secretary EXHIBIT A RESOLUTION NO. 4361 CONDITIONAL USE PERMIT 2017-26 CONDITIONS OF APPROVAL COMMUNITY DEVELOPMENT DEPARTMENT (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped March 13, 2018, 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 (TCC) 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 is 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) 2017-26 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 Cleric-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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4361 CUP 2017-26 Page 2 (1) 1.7 CUP 2017-26 may be reviewed on an annual basis, or more often if necessary, 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 CUP 2017-26, 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 2017-26, 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. Exhibit A Resolution No, 4361 CUP 2017-26 Page 3 USE RESTRICTIONS *** 2.1 The facility shall provide and maintain a minimum forty (40) parking spaces onsite for staff and student vehicle parking. Any modification in the number of parking spaces provided shall be subject to review and approval by the Community Development Director. *** 2.2 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) people. Based upon the number of available parking of forty (40) spaces, no more than 120 persons may occupy the facility at any given time. Should additional parking spaces be provided, the number of persons may be increased based on one (1) parking space for each three (3) people, subject to review and approval by the Community Development Director. *** 2.3 Business operations shall be conducted within the following hours: Day Summer Hours: Fall,Winter, Spring Hours: Monday- Friday 8:30 a.m.--9:00 p.m. 11:30 a.m. —9:00 p.m. Saturday 8:30 a.m.—9:30 p.m. 8:30 a.m. —9:30 p.m. Sunday 8;30 a.m. —9:00 p.m. 11:30 a.m. —9:00 p.m. 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. *** 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. Instruction facility attendees shall remain inside while waiting for lessons/classes or to be picked up. Staff members shall supervise and be responsible for waiting attendees. *** 2.6 Instruction facility activities may include private and group training for sports, arts, music and academic enrichment. Special events conducted inside the building, such as open houses, training exhibitions, recitals, or other similar events that might be attended by more than 120 persons at any one (1) time shall require the approval of the Director of Community Development and may require the approval of a temporary use permit. Exhibit A Resolution No. 4361 CUP 2017-26 Page 4 (1) 2.7 No outdoor activities shall be permitted unless reviewed and approved by the Community Development Director. (1) 2.8 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) 2.9 No outdoor storage shall be permitted except as approved by the Community Development Director. *** 2.10 The applicant shall be required to notify the City of any changes to the use of the facility. *** 2.11 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. PLAN SUBMITTAL (3) 3.1 This project requires a change in occupancy classification. The applicant shall submit plans for plan check showing compliance with emergency egress requirements (Chapter 10 California Building Code 2016) and accessibility requirements (Chapter 11 B California Building Code 2016). Modifications to the building may be required in order to comply with code requirements. (3) 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, f=ederal laws, and regulations as adopted by the City Council of the City of Tustin. "* 3.3 Prior to business license issuance, the applicant shall submit for city review and approval of a parking lot re-striping plan showing parking stall dimensions in compliance with the TCC, subject to field inspection. (3), 3.4 Prior to business license issuance, the applicant shall submit for review *** and approval a sign permit application for the monument sign and wall sign. *** 3.5 Prior to business license issuance, the applicant shall submit for review and approval landscape improvement plans showing renovation and/or replanting of landscaping in areas visible from the public right-of-way, and may be subject to landscape permit requirements. Exhibit A Resolution No. 4361 CUP 2017-26 Page 5 PUBLIC WORKS DEPARTMENT (1) 4.1 Per City Council Resolution No. 16-12, any change of use/occupancy or significant intensification of any use shall be required to design and construct public sidewalk. Based on the proposed use, the applicant shall design and construct sidewalk along the project frontage prior to issuance of Certificate of Occupancy or commencement of business operations, whichever occurs first. Current Federal Americans with Disabilities Act (ADA) requirements shall be met at the drive aprons and sidewalk, with removal and replacement of drive aprons, as necessary. The applicant shall submit a separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, for review and approval. (1) 4.2 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. ORANGE COUNTY FIRE AUTHORITY (OCFA) 5.1 The project will require OCFA review and approval for the change in occupancy and the applicant shall submit the appropriate request accordingly. FEES (1) 6.1 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 • Encroachment Permit fees OCFA permit fees (1) 6.2 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.