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HomeMy WebLinkAbout04 UD 04-001, CUP 04-002 ITEM #4 Report to the Planning Commission DATE: SUBJECT: PROPERTY OWNERI APPLICANT: LOCATION: ZONING: SEPTEMBER 27, 2004 USE DETERMINATION 04-001 AND CONDITIONAL USE PERMIT 04-002 SANTIAGO CYCLING, INC. ATTN: ROBERT KAHLER AND JILL KOVAL-KAHLER 115 N. PROSPCT AVENUE TUSTIN, CA 92780 115 N. PROSPECT AVENUE, ALSO KNOWN AS PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 2, PAGES 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, AND CAN BE FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 401-141-05. DESIGNATED "COMMERCIAL" WITHIN THE FIRST STREET SPECIFIC PLAN ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 01) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: APPROVAL OF USE DETERMINATION 04-001 TO ESTABLISH BICYCLE FITNESS TRAINING WITH ACCESSORY OUTDOOR STATIONARY BICYCLE TRAINING AS A CONDITIONALLY PERMITTED USE IN THE COMMERCIAL AS PRIMARY DISTRICT OF THE FIRST STREET SPECIFIC PLAN AND TO CONDITIONALLY PERMIT INDOOR AND OUTDOOR BICYCLE FITNESS TRAINING CLASSES, AS AN ACCESSORY USE TO A BICYCLE SALES AND REPAIR SHOP, TWO (2) NIGHTS A WEEK FROM 5:30 P.M. TO 9:30 P.M. FROM SEPTEMBER 1st TO APRIL 30th. RECOMMENDATION That the Planning Commission: Planning Commission Report CUP 04-002, UD 04-001 September 27, 2004 Page 2 1. Adopt Resolution No. 3932 approving Use Determination 04-001 to establish bicycle fitness training with accessory outdoor stationary bicycle training as a conditionally permitted use in the Commercial as Primary District of the First Street Specific Plan; and, 2. Adopt Resolution No. 3933 approving Conditional Use Permit 04-001 to conditionally permit indoor and outdoor bicycle fitness training classes, as an accessory use to a bicycle sales and repair shop, during two (2) classes a night, two (2) nights a week from 5:30 p.m. to 9:30 p.m. from September to April at 115 N. Prospect Avenue. BACKGROUND Site and Surrounding Properties The applicant is requesting to establish an indoor and outdoor bicycle skills and training facility at an existing bicycle sales and repair business, Santiago Cycling. Santiago Cycling has been operating at the subject location since 1998. The existing business is the largest tenant space of three (3) inline retail businesses, which include a beauty salon and clothing store. Another bicycle shop is located in an adjacent tenant space in the same center; however, it is located on a separate, independently owned and accessible parcel. The site is located along a commercial corridor on Prospect Avenue, north of First Street, north of Old Town Tustin and the Cultural Resources Overlay District. The site is bounded by residential condominiums to the north, multi-family residential apartments to the east, retail uses, including restaurants and a tire shop, to the southeast, south, and southwest across Prospect Avenue, and single-family detached homes to the west across Prospect Avenue to the east (Attachment A - Location Map). Access to the site is currently provided from an existing driveway on Prospect Avenue. Public Noticing A public hearing notice identifying the time, date, and location of the public hearing for the proposal was published in the Tustin News on September 16, 2004. In addition, property owners within 300 feet of the site were notified of the hearing by mail and notices were posted on the site and at City Hall on September 16, 2004. The applicant was informed of the availability of the agenda and staff report for this item. USE DETERMINATION The First Street Specific Plan (FSSP) does not currently list bicycle training classes as a permitted, conditionally permitted, or prohibited use. Since Section III(D)(1)(a)(3) allows the Planning Commission to determine whether an unlisted use is similar to other listed uses and should be permitted, conditionally permitted, or prohibited, a Use Determination is required to list the proposed use within the FSSP. For evaluation of the request, the Planning Commission must consider whether or not the proposed use is: Planning Commission Report CUP 04-002, UD 04-001 September 27,2004 Page 3 a) consistent with the overall intent of the planning unit; and, b) consistent with other listed permitted or conditionally permitted uses in the planning unit. The FSSP is divided into three (3) sub-areas containing thirty (30) planning areas. Of the thirty (30) planning areas, nineteen (19) are designated Commercial. The proposed bicycling training facility could be considered a similar use in the FSSP area since it would be accessory to a permitted retail use. It is also consistent with other training uses such as martial arts studios, which are conditionally permitted in the FSSP. While uses typically occur within a building, the applicant also requests that a portion of the training activities occur outside the building. As a result, potential impacts to adjacent properties may occur. As with any other conditionally permitted use, future proposals would be reviewed on a case-by-case basis reviewing specific circumstances related to that project to consider all possible impacts including, but not limited to, extent of outdoor activity, hours of operation, parking, noise, etc. An approval of the use determination could be supported by the following findings: 1) The proposed use is consistent with the overall intent of the Commercial as Primary Use designation for Sub-area 2 of the First Street Specific Plan, which is to maintain and perpetuate a mix of commercial uses. 2) The proposed use is consistent with other listed uses with the Commercial designation in that bicycle training classes would be similar to other conditionally permitted assembly uses in the First Street Specific Plan, such as martial arts studios and driver training facilities. 3) The outdoor training component is intended to be accessory to the primary indoor fitness training use and be limited to the outdoor placement of stationary training bicycles during infrequent and temporary class periods. 4) As typically required for classroom or training facilities throughout the City, the proposed training facility would be required to provide one (1) parking space per (3) three students and one (1) parking space per instructor to ensure sufficient parking. 5) To ensure compatibility, proposals would be reviewed on a case-by-case basis and subject to the conditional use permit process and public noticing requirements. CONDITIONAL USE PERMIT Project Description The 2,640 square foot building is currently used as a bicycle sales and repair business. The applicant intends to conduct the Robert Kahler Cycling Academy on Tuesday and Thursday evenings from 5:30 p.m. to 9:30 p.m. from September 1st to April 30th for up to fifty-one (51) students and two (2) instructors at one time. Two (2) classes would be conducted during the four (4) hour time period where cyclists ride two (2) training Planning Commission Report CUP 04-002, UD 04-001 September 27, 2004 Page 4 apparatus for each class with a lecture on various cycling techniques, nutrition, exercise, and health. There would be a maximum of two (2) instructors during a class session; one (1) indoors and one (1) outdoors. The indoor classes would consist of fourteen (14) ergonometers and ten (10) rollers (Attachment B - Submitted Plans) and would include the lecture portion of the class. The outdoor session would include up to twelve (12) wind trainers on the walkway only, located immediately in front of the store front per Condition 3.1 of Resolution No. 3933. Condition 2.1 requires minimum disability access be maintained at all times. The applicant is not proposing any new exterior lighting; however, Condition 2.1 would require the applicant to obtain all necessary permits for any new lighting to ensure compliance with all applicable codes and regulations; Condition 2.1 also requires a minimum requirement of one (1) foot-candle lighting level throughout the site while ensuring that the lighting is contained within the property. Parking A total of nineteen (19) off-street parking spaces provide parking for three (3) tenants on- site: the cycle shop, an 880 square foot clothing store, and an 880 square foot beauty salon. As a result of the bicycle training classes, the clothing store (per Condition 3.2) and the beauty salon will be closed by 5:00 p.m. on Tuesday and Thursday to permit . maximum use of all parking stalls (Attachment C - Letter from Carmen Gutierrez of Best Cuts Salon, received via fax September 21,2004). One (1) parking space per instructor and one (1) space for every three (3) students will be required for the training classes. While the applicant is proposing a total of thirty-six (36) pieces of training equipment inside and outside of the store, a maximum of two (2) instructors and fifty-one (51) students could be permitted dependent upon complying with minimum California Title 24 accessibility and exiting requirements. Condition 3.2 requires the applicant to limit the total number of instructors and students to the available parking. This condition would also allow the Community Development Department to permit an increase in the maximum number instructors or students if sufficient parking is provided and the occupancy load of the facility complies with the Uniform Building Code. Condition 3.4 requires the applicant to ensure there is no overlap of classes or participants and that students from the first class leave the property before students in the second class arrive. Condition 3.7 is included to ensure all outdoor class activities do not occur within parking spaces or drive aisles. In addition to the Tuesday and Thursday training classes, the applicant coordinates community bike rides on Saturday morning. Although no on-site training occurs, the parking lot is used as a staging area for off-site rides and participants park their cars in the parking lot. Since both of the other two (2) tenants are open Saturday mornings, Condition 3.5 is included to require the applicant to limit the number of bike ride attendees to the ten (10) available parking spaces on Saturday mornings, based upon a ratio of one (1) parking space for each instructor and one (1) parking space for each participant. Planning Commission Report CUP 04-002, UD 04-001 September 27, 2004 Page 5 Noise The applicant has submitted an acoustical analysis performed by John Koval, Senior Engineer for Linear Acoustic Labs of Santa Ana, California, to analyze exterior noise impacts generated from outdoor wind trainer classes (Attachment D - "Sound Pressure Levels in Bicycle Wind Trainer Sprints," dated July 19, 2004). As proposed, twelve (12) wind trainers operating at a maximum intensity would generate noise levels of 69.6 dB(A) at a distance of sixty (60) feet, which is approximately the same distance from the proposed outdoor class location to the front property line. As identified by the City Noise Ordinance, the exterior noise standard for commercial districts is 60 dB(A) at the property line; however, pursuant to Tustin City Code Section 4614c, the maximum allowable noise level may be increased to reflect the maximum ambient noise level. The Tustin General Plan Noise Element identifies the Community Noise Equivalent. Level (CNEL) Contours for Prospect Avenue as 70 CNEL in the center of Prospect Avenue. Therefore, since Condition 3.1 would restrict the maximum number of outdoor wind trainers to twelve (12), the proposed project would comply with the Tustin Noise Ordinance. Condition 3.8 would prohibit the use of any outdoor music or public address system, including a handheld amplification device, and Condition 3.9 would also require the applicant to be responsible for any necessary future monitoring and implementation of mitigation measures. Hours of Operation The applicant is proposing operating hours from 5:30 p.m. to 9:30 p.m., Tuesday and Thursday, September 1 to April 30. Since Tustin City Code Section 4614(a) (Noise Ordinance) and the Tustin General Plan identify 10:00 p.m. to 7:00 a.m. as a distinct time period for sensitivity to noise levels in residential areas and this time period is accepted as "quiet hours" in residential zone by the Tustin Police Department, Condition 3.3 limits the months, days, and hours of operation and Condition 3.4 requires the site to be cleared by no later than 10:00 p.m. or within thirty (30) minutes of class completion, whichever is sooner. These hours of operation are limited in nature and do not extend beyond the business hours of other businesses within the surrounding vicinity. Public Comments Two (2) letters have been submitted from the adjacent property and business owner, Robert Ruth, of Don's Schwinn Cyclery at 121 N. Prospect Avenue. The letters, dated and received on September 20 and 21, 2004, outline Mr. Ruth's concerns primarily regarding parking issues as a result of Santiago Cyclery's training classes on Tuesday and Thursday, Saturday morning rides (Attachments E and F, Letters from Robert Ruth of Don's Schwinn Cyclery). Conditions of approval have been included in Resolution No. 3933 to address all applicable concerns. 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 Planning Commission Report CUP 04-002, UD 04-001 September 27, 2004 Page 6 neighborhood or whether it will 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 use would be accessory to the primary retail use of the building and would be limited in frequency and duration to four hours from 5:30 p.m. to 9:30 p.m. on two nights each week between September 1 and April 30. The number of instructors and students and scope of operations for the proposed facility can be supported by the on-site facilities and, as conditioned, would be compatible with the uses on the surrounding commercial properties. 2) The outdoor training component would be limited to twelve (12) stationary bicycles on the sidewalk in front of the bicycle store only, no outdoor speakers or public address system would be allowed, and pedestrian and disabled access across the sidewalk would be provided. 3) The proposed use is not anticipated to result in parking impacts since the total number of instructors and students in the classes would be limited to the available on-site parking by providing one (1) space for every three (3) students and one (1) space per instructor, which is the typical ratio used for classroom and training facilities throughout the City. In addition, the property owner and operator would be required to ensure that all parking related to the use occurs in designated parking spaces on the property and does not encroach into adjacent properties or on the public right-of-way. 4) The proposed use, as conditioned, would not create a noise impact on the surrounding neighborhood since the outdoor classes would be limited to twelve (12) "windtrainers" to comply with the Tustin Noise Ordinance and General Plan Noise Element. 5) The proposed use will not be detrimental to the surrounding properties in that the hours of operation of the classes do not extend beyond the general business hours of other businesses within the surrounding vicinity. )t( Mt: t(/ WI Matt West Associate Planner /) I -( G~ I --t. t --VA-- "- Karen Peterson Senior Planner Planning Commission Report CUP 04-002, UD 04-001 September 27,2004 Page 7 Attachments: Attachment A - Location Map Attachment B - Submitted Plans Attachment C - Letter from Carmen Gutierrez of Best Cuts Salon, received via fax September 21,2004) Attachment 0 - "Sound Pressure Levels in Bicycle Wind Trainer Sprints," dated July 19, 2004 Attachment E - Letter from Robert Ruth, dated September 21,2004 Attachment G - Resolution Nos. 3932 and 3933 S:\Cdd\PCREPORT\CUP 04-002 (cycling academy).doc ATTACHMENT A Location Map I ~,'-,...-",.-, ,/~'~ ') Î,' ",_.¡I~ II..'" .-.I.? ~'~ /..- iH¡:3 \! ~ I' ¡ ffi, :'7'11' . 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U ~ 1 ' : I I~! 178-182\ I' I I In¡ ,~¡~ I~ I~, 1001 ..J ,195:~1 ,~185 :iI34-2O811" I I -, SECOND STREET ~ I' " ; í ' I I ',_____i___- __i--__-n;~._u~_u_:~OJ 1205 : g; II~ '--.--'¡ '=',-,-,,1 1215-17 I . ~ i 210-14 1~~5-:"~~--Th_Ch__--__- , , , - i,: '0' I .1 I I 225 ",; i~ m 21'; Ie. .,~0-L41 'U 225-29 J POLICE DEPARTMENT : ",', i ',n; ¡ , 230-';41 ~ 1235-39 . LOCATION MAP , I~ J PROJECT NO. ADDRESS UD 04-001 CUP 04-002 LOCATION: 115 N. Prospect Avenue REQUEST: To establish outdoor bicycle skills and bicycle Jitness training as a conditionally permitted use in the Commercial as Primary District of the First Street Specific Plan and to conditionally permit the use two (2) nights a week from 5;30 p.m. to 9:30 p.m. from September to April at 115 N. Prospect Avenue. (Owner/Applicant: Robert Kah,ler and Jill Koval-Kahler) ATTACHMENT B Submitted Plans 6' WIDE POwER EASEMENT UT[LlTì' CABINETS n D BOOK 7837 PG, 781 O'R'~___~- -- II II LEGEN - - - 94Æ6-'-- - - - - - ~~ ~.. .. , ". ....' ... ,,' .-. L. ---¡. II II CALIFORNIA. TITLE 24 - - - - - - - - - - - - - - - ,- - - ---Opp .-;- ---1" I ACCESS (60 M[N WIDTH) F ~ "IF RES':';~Oj;.oo~ ~"Il ór: ; I [i ;:r~~~(,~~PlAY,,"EA t' OFFICE. 1........-;;::---1 III II ERGOMETER ~XE~CISE AREA ) ,.,c¡...., ~ ¡ (14 EACH) 4 -6 W[DTH ~ DRESSING - .u_.C ~.n_. .., >,["'-. II II ROLLERS EXERC[SE AREA j ROOM I ~ ¡ , (6 EACH) 6'x24' EXISTING BEAUTY CLOTHING REPAIR AREA SANTIAGO ~I !! II ,W[ND TRAINER STORAGE AREA " I BICYCLE SHOP SALON STORE SALES AR.EA...,..c.....Y. C4E ~:I " I f...~"'" ;.:: HUNG ON WALL (18"x24") , -'-'--'--- -'-~ cr'l ", EXISTING PLANTER - ~ III - WITH 6 INCH CURBS Ii CALIF RNIA TITL 24 .(!)- - , ACCESS R MP ~ ','~ ROLLER STORAGE [ I DISPLAY ~'~!I ','. II II UNDER NEW BICYCLE DISPLAY I , "I STORAGE/D[SPLAY I a a I I ' :' , ' "8 II ' II NEW B[CYCLES ABOVE I ~ ~ I 11[1' a::; tri I ERGOMETERS BELOW ~ ~1191817116115 141311211111°It~!!iì 1,1 ,I I I i II _19,1', 111ll,-PL I I WIND ITRAINER EXERCISE AREA 14, EACH, i -( ) I ."""',', """'" ~" II. EXISTING ' I ROLLERS EXERCISE AREA 4 EACH Y - TYP 1"-." ~ I I ~ 1 ~ [ II AUTO REPAIR NEW PARKING I "~ ' 9' WIDE x 20' LONG, I PL-, I I I"" ,I ""-III I I I 1 I I I I 1IIIL20'W[DEROAD II '1," I I, I, ,- II. EASEMENT 1'1 ¡R/W lI918171615141~I,2i,1L/~~d~T'""" Ifill BOOK 7670 I / I I 1'1'1\1' IrrftJ I ~'II PG4740,R. L ' 94,66' -L ---.J ~ I I 120~28't .::L I IUI - . _01 , - - . 1/1-- 1\ I[ \ ~ ; 1\ ;1 ~ ~ -=- -=- -=- -=- -=-..:-. -L L -=- -=- U -=- -=- -,;;=..=- -=- -=- -=- -=- - -= ~':- ~ ~ -=- -=- ' Ll I \-=- -=- -=- --L 1- ~ ~ ~ 3\- PROSPECT AVENUE PARK[NG LOT LIGHT POLE) ~::<IW;blAxR~~p L~ONGREMAIN ~I NOT USED PREPARED BY: !I J).[þ. ~ ~ ~ 19652 HIGHR[DGE WAY TRABUCO CANYON, CA 92679 (949) 888-9784 TOLL FREE (866) 4-JP-KAPP CITY OF TUSTIN CONDnnONALUSEPLA.N SANTIAGO CYCLE ~~c ~ SCALE: 1" = 20' ~~\~L ~ J.Þ. ~ ~ ~ August23,2004 RECEIVED AUG 2 5 2004 ::MMUNlrv DEVElOPMENT Mr. Matt West, Associate Planner City of Tustin Community Development Department 300 Centennial Way Tustin, CA 92780 Subject: Conditional Use Permit 04-002 and Use Determination 04-001 Response to your letter dated January 29, 2004 Dear Mr. West, The following is a response to the comments contained in your letter dated January 29, 2004 pertaining to the subject conditional use permit and use determination. I would respectfully request that in your review of this project that you keep in mind the scope and scale of the classes that Mr. Kahler offers. The classes are offered from October to April spanning 23 weeks, for two nights per week averaging three and a half hours per night. This represents 161 hours per year or 4.9 percent of the typical commercial business year. The Robert Kahler Cycling Academy is clearly a low impact business. / Response to Comments: Community Development Department- 1.1 Site Plan and Floor Plan . The parking lot and interior isle widths and uses are noted on the plan. . The quantities of the equipment are noted on the plan. The equipment is movable and the storage areas are noted on the plan and portrayed on the attached photographs. The ergometers are stored under the display of new bicycles. The rollers are stored in the southeast corner of the store and the wind trainers are stored on racks on the east and west walls of the store. See the attached plan and photographs. a. Ergometers - 14 each b. Wind Trainers - 14 each c. Rollers - 10 each . The area behind the building is vacant and is not used for storage for any of the class equipment. "Î . The 60" California Title 24 Accessibility pathway is noted on the plan. . The plan notes the accessibility to the training areas. . The parking is noted on the plan: 9 feet wide by 20 feet long with a front wheel bumper stop. All parking stalls conform to City of Tustin requirements. 1.2 Parking 19652 Highridge Way, Trabuco Canyon, CA 92679. Phone: 949.888,9784' Toll Free: 866.4.JPKAPP, Fax: 949.888.1031 ' E-mail: jkapp7676@aoLcom Attached are two "City of Tustin Building Use and Parking Summary" tables: . Existing approved uses: 115, 117, 119 North Prospect . Robert Kahler Cycling Academy: 115 North Prospect As noted on the aforementioned tabulation, the Robert Kahler Cycling Academy has adequate onsite parking capacity for fifty students per class plus one instructor and one assistant. There are eight additional public parking spaces on the east side of the North Prospect Avenue. Attached also are copies of the leases executed by each of the lessees at 115, 117 and 119 Prospect. Paragraph 22 states: "CYCLING ACTIVITIES: LESSEE acknowledaes that Santiaao Cvclina. Inc. the tenant occupyinq 115 N. Prospect and a part of the same property, as a part of its normal operation. conducts Clinics. classes. rides and related cvclina activities which require the use of the parkina and sidewalks. LESSEE aarees to permit the occurrence of these activities. even thouqh such activities and classes mav create elevated noise levels. as well as require the crowded use of the parkinq lot. sidewalks in front of the leased premises at such times that the classes beain. " Parking Summary On Site spaces On Street spaces 19 each 8 each Total spaces Instructors 27 each 2 each Spaces for students 25 each Allowable class size at 3 students per space is 75 students 1.2 Lighting There is no additional lighting required for the classes. Existing lighting for a normal commercial use is used for the outdoor portion of the class. 1.3 Noise The Noise Element of the Tustin General Plan notes Prospect Avenue as being impacted by 70 CNEL contours. The outdoor portion of the class is more than 140 feet from the nearest dwelling unit. A copy of the "Sound Pressure Levels In Bicycle Wind Trainer Sprints" is attached hereto, The sound studies were conducted on a quiet street to reduce the ambient noise generators e.g. jet aircraft, automobiles, motorcycles, etc, that normally occur on North Prospect Avenue. The high intensity sprints occur for a maximum of one minute. The maximum noise level measured at sixty feet from the source during this exercise was 68.0 decibels. J.p. ~ (!Md ~ 19652 Highridge Way. Trabuco Canyon. CA 92679. Phone: 949.888.9784' Toll Free: 866.4.JPKAPP . Fax: 949.888.1031 ' E-mail: jkapp7676@aol.com This noise level is significantly attenuated in the more than 140 feet from the source to the existing residences. 1.4 Exiting The business meets the requirements of the UBC, Chapter 10. USE RESTRICTIONS 2.1 Storage No outdoor storage or display will be required. BUILDING 3.1 Occupant Load The occupant load will be posted. FEES 4.1 Environmental Documentation A check to the County Recorder for $43.00 will be provided, 4.2 Plan Check Fees Plan check fees will be provided if required. I trust these responses will be adequate for issuance of the Conditional Use Permit and the Use Determination for the Robert Kahler Cycling Academy. If you have any questions please do not hesitate to call me. Yours truly, J.P. Kapp Civil Engi e,s ~. Attachments: Revised Site Plan, Additional Exhibits, Ergometer Storage, Ergometer dimensions, Wind Trainer Storage. CC: Robert Kahler, Jill Koval Kahler with attachments. J.Þ.~~~ 19652 Highridge Way, Trabuco Canyon, CA 92679. Phone: 949.888.9784. Toll Free: 866.4.JPKAPP . Fax: 949.888.1031 . E-mail: jkapp7676@aoLcom City of Tustin Building Use and Parking Summary Project Address: 115 Prospect, Robert Kahler Cycling Academy Address/Suite No. Business Name Type of Business Gross Floor Area Parking Ratio Parking Required by Use 115 Prospect R. Kahler Cycling Bicycle Training 2640 sJ. 3 students per 16,67 spaces Academy space - 50 students One instructor 1 space One assistant 1 space TOTALS Total Bldg. S.F. Total Parking Total Parking Provided Required 19 spaces 19 spaces Parking Summary Form City of Tustin Building Use and Parking Summary Project Address: 115, 117, 119 Prospect. Address/Suite No. Business Name Type of Business Gross Floor Area Parking Ratio Parking Required by Use 115 Prospect Tustin Cvcles Bicycle Shop 2640 sJ. 1 per 200 sJ, 13.2 spaces 117 Prospect Red Poppy Clothing Store 880 sJ. 1 per 200 sJ. 4.4 spaces Boutique 119 Prospect Best Cuts Beauty Salon 880 s. f. 1 per 200 sJ. 4.4 spaces TOTALS Total Bldg. S,F. Total Parking Total Parking Provided Required 4400 square feet 19 Spaces 22 Spaces Parking Summary Form Ergometer - Monarch Ergometer used in Robert Kahler Cycling Academy J.Þ.~~~ 19652 Highridge Way, Trabuco Canyon, CA 92679, Phone: 949.888.9784' Toll Free: 866.4,JPKAPP , Fax: 949.888.1031 ' E-mail: jkapp7676@aoLcom Wind Trainer - Wind trainer used in the Robert Kahler Cycling Academy. The student's bicyde is placed in the wind trainer apparatus. J.Þ. ~ C!Md ~ 19652 Highridge Way, Trabuco Canyon, CA 92679' Phone: 949,888,9784' Toll Free: 866.4.JPKAPP , Fax: 949.888,1031 . E-mail: jkapp7676@aol.com Rollers - The rotlers used in the Robert Kahler Cycling Academy. The studenfs bicycle is balanced on the rollers. J.Þ.~~~ 19652 Highridge Way, Trabuco Canyon, CA 92679, Phone: 949.888,9784 . Toll Free: 866.4.JPKAPP . Fax: 949.888,1031 ' E-mail: jkapp7676@aol.com Ergometers stored under Bicycle Display See exhibit J.p.~~~ 19652 Highridge Way, Trabuco Canyon, CA 92679 . Phone: 949.888.9784 . Toll Free: 866.4.JPKAPP . Fax: 949.888.1031 . E-mail: jkapp7676@aol.com . 10 C\") . ..... ~ .9 20" Diameter Monark Ergometer J.p.~~~ 19652 Highridge Way, Trabuco Canyon, CA 92679. Phone: 949.888.9784' Toll Free: 866.4.JPKAPP. Fax: 949.888.1031 . E-mail: jkapp7676@aol.com .. Wind Trainers stored on wall See exhibit J.p.~~~ 19652 Highridge Way, Trabuco Canyon, CA 92679. Phone: 949.888.9784' Toll Free: 866.4.JPKAPP' Fax: 949.888.1031 . E-mail: jkapp7676@aol.com A TT ACHMENT C Letter from Carmen Gutierrez of Best Cuts Salon, Received via fax September 21,2004 SEP-21-04 TUE 16:20 SANTIAGO CYCLE P - 01 nest Cuts Salon 119 N. Prospect A v. Tustin, Ca. 9278B To: Tustin Planning Department I'rom: Carmen Gutierrez, Owner, Best Cuts S¡.lol\ Subject: Hours of Operation, Tuesdays and Thursdays I ,adics and Gentlemen; I agree to change my operating bow's 011 Tuesdays and Thursdays during the lime the Robert Kahler Cycling Academy is in o H:ralion. My new operating hours wiJI be 9 AM to 5 PM on Tuesdays and Thursdays beginning October I ~;I and ending April 30th of each year. My hours of opcration will reflect I he ncw change of hours. Sincerely yours. ( t~Øj7~~~. CiUlncn GuHerrez, Owner. Best Cuts Salon ATTACHMENT D "Sound Pressure Levels in Bicycle Wind Trainer Sprints", dated July 19,2004 p. 1'. ~ce,¥ ~ EIUJÜI"'U Sound Pressure Levels in Bicycle Wind Trainer Sprints A sound pressure level study was perfonned on July 19, 2004 with a maximum of ten (10) wind load simulators (trainers) attached to bicycles, and each ridden by an experienced cyclist. . John Koval, senior engineer for Linear Acoustic Labs of Santa Ana, California, perfonned the study in a quiet cul-du-sac in North Tustin at 11521 Cielo Place, 92705. At a distance of sixty (60) feet sound pressure levels were measured of repeated 30- second sprint bouts on the trainers, at both medium and high intensity levels. The highest of these readings were recorded in decibels using the "A" weighted spectral sound curve (the most universally required and accepted weighted sound curve in noise analysis). The sprint protocol was set up by first using one trainer (with bike and rider), then continuing with two, four, eight and finally ten riders, all groups respectively sprinting simultaneously. This protocol was perfonned fITSt with the medium intensity sprints using approximately 60 to 70 percent of maximum effort. Next the same protocol was perfonned, but this time using high intensity - 85 to 95 percent effort. Sound Pressure Levels in Db "A" curve weighting RECEIVED SEP t 3 2004 COMMUNITY DEVELOPMENT BY The study results are found in the following table: Protocol One Percent Protocol Two Percent Riders Medium Intensity Chanl!e Him Intensity Chan2e 1 51.0 60.0 2 54.3 6.5 64.0 6.7 4 57.2 5.3 65.5 2.3 8 61.2 7.0 66.4 1.4 10 61.4 0.03 68.0 2.4 Extrapolated results in Db and percent change as if using 12 wind trainers 112 61.6 0.03 69.6 2.4 During protocol one at medium intensity, the sound pressure level readings increased from 51.0 decibels with one rider sprinting, to a maximum of 61.4 decibels with ten riders sprinting, an increase of slightly more than twenty (20) percent. During protocol two at high intensity, the sound pressure level readings increased from 60.0 decibels with one rider sprinting, to a maximum of 68.0 decibels with ten riders sprinting, an increase of slightly more than thirteen (13) percent. When the results are extrapolated for Db readings for 12 wind trainers (the maximum number that will be used during the Cycling Academy clinics), the levels reach a peak of 69.6 Db, given a similar percent increase (2.4%) as the previous (actual) highest measured level. ATTACHMENT E Letter from Robert Ruth, dated September 20, 2004 Page 1 of 2 Sept. 20, 2004 RECEIVED SEP 2 0 2004 COMMUNITY DEVElOPMENT BY Matt West City Planner City of Tustin 300 Centennial Way Tustin, CA 92780 (714) 573-3118 RE: CUP 04-001 and UD 04-001 Santiago Cycling Outdoors Fitness Classes Dear Matt, I appreciate you taking time with me this morning to discuss the CUP 04-002 and the Use Determination 04-001 that the adjacent property owners have applied for to establish outdoor bicycle skills and fitness training classes. PRIMARY CONCERN #1- SA TURD A Y RIDES There has been no mention of the Fitness Class Saturday morning rides that leave from the applicant's parking lot that ends at 9:30 - 10:30 AM. The ride isn't a concern, however other businesses in the center open up at 8:00 AM (sometimes the beauty parlor) so their customers cannot use any parking and then choose to park in front of my store, Between the clothing store and beauty parlor their customers can take up all my front store parking. The beauty parlor's morning customers and employees stay in front of my store until the mid-afternoon. This problem has been an on going situation that has caused me financial loss, My Saturday business is frequently cut in half as these employees and the customers of the other business are using my parking. PRIMARY CONCERN #2 - LEASEE'S STORE HOURS The store hours that are kept by the other two businesses are from 9 AM to 7 PM. Since Tuesday and Thursday nights fitness classes take up all the available parking plus spaces on my private property; then when patrons of the clothing store and beauty parlor need parking they also park in front of my store, My customers again are unable to find parking on my private property to shop at my store, The clothing store and the beauty parlor use orange colored cones to reserve parking stalls in front of their businesses. ¿ \ \ RECOMMENDATION TO MITIGATE PARKING ISSUES \L I don't believe that the Kahlers can limit store hours 0/ the two businesses they lease to and that the only way to have a meaningful resolution to this parking issue is to assign parking stalls to the beauty parlor and the clothing stores for at least the first classes on Tuesday, Thursday, and Saturday bases on the stores' square/ootage. Page 2 of 2 PRIMARY CONCERN #3 - CONFUSION OF LEASEE STATING STORE HOURS The beauty parlor and clothing store are under the belief that they can maintain any store hours with or without the approval of the leasor. The fact is that the operators of the beauty parlor and clothing store maintain hours of operation other than what the City of Tustin has been told by the applicant. - "\ PRIMARY CONCERN #4 - Street Congestion in front of Santiago Cycling and Don's Schwinn Cyclery During the evening classes because of the excessive parking along Prospect Ave., it is extremely difficult to ingress and egress from the adjacent (Don's) parking lot. The view of the cars leaving the parking lot cannot see the traffic coming from the First Street intersection and my customer's have complained about this difficulty. Several times last year there has been a few near misses of cars colliding. ,,' ~ l PRIMARY CONCERN #5 - PARKING ON PRIV ATE PROPERTY At no time does the adjacent property owner at 121 N Prospect allow Tuesday, Thursday or Saturday Fitness Class parking or any other parking other then parking by Don's customers. Employees of adjacent business or their customers cannot park on Don's parking during or after business hours. ./" .- PRIMARY CONCERN #6 - Handicap Parking I believe the handicap-parking stall is not properly sized and needs to be reviewed. ../' - CONCLUSION - FINAL COMMENTS In conclusion, I feel as the adjacent property owner the only way do mitigate this parking problem is for me to build the separation wall that was started a year ago, but was halted by the Kahler's bringing a law suit against Don's Schwinn Cyclery. This issue would have been settled by a jury trial if the Kahler's didn't withdraw their suit. ลก,'~ Robert RuthV' Don's Schwinn Cyclery A TT ACHMENT F Letter from Robert Ruth, dated September 21,2004 Sept. 21, 2004 Matt West City Planner City of Tustin 300 Centennial Way Tustin, CA 92780 (714) 573-3118 RECE \VED Page loft S£P 2 1 2004 CO~N\I~ Ot~tLO?MHr RE: CUP 04-001 and UD 04-001 Santiago Cycling Outdoors Fitness Classes Dear Matt, CITY'S CONDITION FOR APPROVING CUP & UD - NOT LEGAL During our phone conversation today we discussed the City's Staff condition for approving the CUP & UD by having Mr. Kahler submit in writing that he will require his two tenants to close at 5 PM. You were under the assumption that store hours of the tenants were part of the lease agreement, however when I pressed you to show me where in the lease it stated the store hours you admitted to me that there was no reference to store hours. IF THE ABOVE PARAGRAPH IS TRUE THEN, The written guarantee by Mr. Kahler is illegal and unenforceable without seeing an addendum to both leases stating hours of operations signed and notarized by both parties to the lease. I do not think it is enforceable legally to have the property owner unilaterally add to the tenDS of the lease without a written document approving the changes to the lease. A TT ACHMENT G Resolution Nos. 3932 and 3933 RESOLUTION NO. 3932 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING USE DETERMINATION 04-001 TO ALLOW BICYCLE FITNESS TRAINING WITH ACCESSORY OUTDOOR STATIONARY BICYCLE TRAINING AS A CONDITIONALLY PERMITTED USE IN THE COMMERCIAL AS PRIMARY DISTRICT OF THE FIRST STREET SPECIFIC PLAN WITH A MINIMUM OF ONE (1) PARKING SPACE PER EVERY THREE (3) STUDENTS AND ONE (1) PARKING SPACE PER INSTRUCTOR. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Use Determination 04-001 was filed by Robert Kahler and Jill Koval-Kahler to request a use determination from the Planning Commission for establishment of bicycle fitness training at 115 N. Prospect Avenue, also known as Parcel 2, as shown on a map filed in Book 2, Pages 33 of Parcel Maps, in the office of the County Recorder of Orange County, California, and can be further described as Assessor Parcel Number 401-141-05. B. According to the First Street Specific Plan (FSSP), bicycle fitness training with outdoor fitness training is not a listed use in the Commercial as Primary land use designation and requires a use determination by the Planning Commission as stated in Section III C (6) of the FSSP. C. That a public hearing was duly called, noticed, and held for Use Determination 04-001 in conjunction with Conditional Use Permit 04-002 on September 27,2004, by the Planning Commission. D. The Planning Commission finds that approval of a use determination to allow bicycle fitness training with accessory outdoor stationary bicycle training as a conditionally permitted use in the First Street Specific Plan, Commercial as Primary Use designation can be supported by the following findings: 1) The proposed use is consistent with the overall intent of the Commercial as Primary Use designation for Sub-area 2 of the First Street Specific Plan, which is to maintain and perpetuate a mix of commercial uses. 2) The proposed use is consistent with other listed uses with the Commercial designation in that bicycle training classes would be similar to other conditionally permitted assembly uses in the First Street Specific Plan, such as martial arts studios and driver training facilities. Resolution No. 3932 September 27, 2004 Page 2 3) The outdoor training component is intended to be accessory to the primary indoor fitness training use and be limited to the outdoor placement of stationary training bicycles during infrequent and temporary class periods. 4) As typically required for classroom or training facilities throughout the City, the proposed training facility would be required to provide one (1) parking space per (3) three students and one (1) parking space per instructor to ensure sufficient parking. 5) To ensure compatibility, proposals would be reviewed on a case-by- case basis and subject to the conditional use permit process and public noticing requirements. E. That this project is categorically exempt pursuant to Section 15301 (Class 1) of the California Environmental Quality Act. II. The Planning commission hereby approves Use Determination 04-001 to allow bicycle fitness training with accessory outdoor stationary bicycle training as a conditionally permitted use in the Commercial as Primary District of the First Street Specific Plan with a minimum of one (1) parking space for every three (3) students and one (1) parking space per instructor. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 2ih day of September, 2004. JOHN NIELSEN 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 Planning Commission of the City of Tustin, California; that Resolution No. 3932 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 2ih day of September, 2004. ELIZABETH A. BINSACK Planning Commission Secretary RESOLUTION NO. 3933 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 04-002 AUTHORIZING THE ESTABLISHMENT OF AN INDOOR AND OUTDOOR BICYCLE FITNESS TRAINING, ACCESSORY TO AN EXISTING BICYCLE SALES AND REPAIR SHOP, TWO (2) NIGHTS A WEEK FROM 5:30 P.M. TO 9:30 P.M. FROM SEPTEMBER TO APRIL AT 115 N. PROSPECT AVENUE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application, Conditional Use Permit 04-002, was filed by Santiago Cycling (Robert Kahler and Jill Koval-Kahler), requesting authorization to establish an indoor and outdoor bicycle fitness training facility, at an existing 2,640 square foot bicycle sales and repair shop at 115 N. Prospect Avenue within the Commercial land use designation of First Street Specific Plan and the Planned Community Commercial/Business General Plan land use designation. B. The General Plan Planned Community Commercial/Business land use designation provides for a variety of commercial uses, including instructional facilities. 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. According to Use Determination 04-001, approved by the Planning Commission on September 27, 2004, on-site bicycle fitness training with accessory outdoor stationary bicycle training is conditionally permitted in the Commercial as Primary Use designation of the First Street Specific Plan (FSSP). D. That a public hearing was duly called, noticed, and held for Use Determination 04-001 and Conditional Use Permit 04-002 on September 27,2004, by the Planning Commission. E. 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 of such proposed use, nor be injurious or detrimental to the property and improvements in the Resolution No. 3933 Page 2 F. neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 2) 3) 4) 1) The proposed use, as conditioned, would not be detrimental to surrounding properties in that the use would be accessory to the primary retail use of the building and would be limited in frequency and duration to four hours from 5:30 p.m. to 9:30 p.m. on two nights each week between September 1 and April 30. The number of instructors and students and scope of operations for the proposed facility can be supported by the on-site facilities and, as conditioned, would be compatible with the uses on the surrounding commercial properties. The outdoor training component would be limited to twelve (12) stationary bicycles on the sidewalk in front of the bicycle store only, no outdoor speakers or public address system would be allowed, and pedestrian and disabled access across the sidewalk would be provided. The proposed use is not anticipated to result in parking impacts since the total number of instructors and students in the classes would be limited to the available on-site parking by providing one (1) space for every three (3) students and one (1) space per instructor, which is the typical ratio used for classroom and training facilities throughout the City. In addition, the property owner and operator would be required to ensure that all parking related to the use occurs in designated parking spaces on the property and does not encroach into adjacent properties or on the public right-of- way. The proposed use, as conditioned, would not create a noise impact on the surrounding neighborhood since the outdoor classes would be limited to twelve (12) "windtrainers" to comply with the Tustin Noise Ordinance and General Plan Noise Element. 5) The proposed use will not be detrimental to the surrounding properties in that the hours of operation of the classes do not extend beyond the general business hours of other businesses within the surrounding vicinity. 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). Resolution No. 3933 Page 3 II. The Planning Commission hereby approves Conditional Use Permit 04-002 authorizing the establishment of an on-site bicycle fitness training facility with limited outdoor stationary bicycle training, accessory to an existing bicycle sales and repair shop, two (2) nights a week from 5:30 p.m. to 9:30 p.m. from September to April at 115 N. Prospect Avenue, 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 2ih day of September, 2004. JOHN NIELSEN 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. 3933 was duly passed and ado~ted at a regular meeting of the Tustin Planning Commission, held on the 271 day of September, 2004. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) (1 ) (1 ) (1 ) (1 ) 1.1 1.2 1.3 EXHIBIT A RESOLUTION NO. 3933 CONDITIONAL USE PERMIT 04-002 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped, September 27, 2004, 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. 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. All conditions in this Exhibit shall be complied with prior to the start of classes or as specified, subject to review and approval by the Community Development Department. 1.4 'Approval of Conditional Use Permit 04-002 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. 1.5 As a condition of approval of Conditional Use Permit 04-002, 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) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3933 Page 2 (1 ) 1.6 (1 ) 1.7 (***) 1.8 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. 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. Conditional Use Permit 04-002 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. PLAN SUBMITTAL (1) 2.1 Prior to the start of classes, the applicant shall submit plans demonstrating compliance with the following: . Maximum occupant load permitted by CUP 04-002 shall be posted on the wall by the exit door in a conspicuous location and may not exceed posted occupant load at any time. . Site and training area shall be accessible to the disabled and a path of travel shall be maintained at all times, in compliance with the requirements of the State of California Title 24 Handicap Accessibility regulations, including providing one (1) - nine (9) foot wide by twenty (20) foot long van accessible space with an eight (8) foot wide loading space for the first twenty-five (25) parking spaces. . Exiting shall be provided and maintained as per the requirements of the Chapter Ten (10) of the 2001 California Building Code (CBC), . Any new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall-mounted fixtures shall be directed at a 90-degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot-candle of light coverage, in accordance with the City's Security Ordinance. A note shall be provided on the plans that "All parking areas shall be illuminated with a minimum of one (1) foot-candle of light, and lighting shall not produce light, glare, or have a negative impact on adjacent properties." Exhibit A Resolution No. 3933 Page 3 USE RESTRICTIONS (***) 3.1 (***) 3.2 (1 ) 3.3 (***) 3.4 The use of the facility for bicycle fitness training is to be accessory to the primary use of bicycle sales and repair. The location of training equipment shall conform to the approved plans, dated September 27, 2004. There shall be a maximum of two (2) instructors during a class session; one (1) indoors and one (1) outdoors. The indoor classes shall consist of up to fourteen (14) ergonometers and ten (10) rollers, and include the lecture portion of the class. The outdoor session shall include up to twelve (12) wind trainers on the walkway only, located immediately in front of the store front. The total number of training equipment inside the building shall be directly related to the total number of available parking spaces, and compliance with all other conditions contained herein and codes and regulations including, but not limited to, State of California Title 24 Disabled Accessibility regulations and the 2001 California Building Code. The maximum number of students and instructors within the facility shall be fifty-one (51) students and two (2) instructors from 5:30 p.m. to 9:30 p.m. based upon the available amount of parking in the center, at a ratio of one (1) parking space per instructor and one (1) parking space for every three (3) students, and dependent upon complying with minimum California Title 24 accessibility and exiting requirements, and contingent upon no simultaneous occurring uses during the class times. If a parking demand analysis is submitted which demonstrates sufficient parking would be provided, the total number of students or instructors may be increased at a ratio of one (1) parking space for every three (3) students and one (1) space per each instructor. The property owner or business owner may submit a written request, with supporting documentation warranting an increase in students or instructors, to the Community Development Director for an administrative amendment to the conditional use permit. Any changes to the hours of operation of the use or other tenants in the center shall be approved in writing by the Community Development Department and may require a modification to the operations of the bicycle fitness training use to ensure sufficient parking for all uses. The hours of operation for the training facility shall be limited to Tuesday and Thursday from 5:30 p.m. to 9:30 p.m. with a maximum of two (2) classes offered on each day, between September 1st and April 30th. Any change to the schedule of classes shall be reviewed by the Community Development Department and may be approved if no adverse impacts are anticipated. The first class shall be concluded to provide sufficient time for attendees of the first class to vacate the site prior to arrival of attendees of the second class. The site shall be cleared of students within thirty (30) minutes of the end of the second class, but no later than 10:00 p.m., whichever is sooner. The business operator and property owner shall be responsible for preventing congregation and loitering outside the building Exhibit A Resolution No. 3933 Page 4 (***) (***) (***) 3.7 (1 ) (1 ) FEES (1 ) 3.5 3.6 3.8 3.9 4.1 in association with the bicycle classes, and "No Loitering" signs shall be posted in the parking lot. The total number of on-site parking spaces available to the Saturday morning bike ride attendees shall be limited to ten (10) parking spaces using a ratio of one parking space for every three (3) students and one (1) parking space for each instructor based upon both of the other tenants being open during the same hours as the bike ride. The property owner and operator shall be responsible for ensuring that students and instructors park in designated parking stalls on the property and that no parking occurs on adjacent properties or in the public right-of- way. No class activities shall occur within or obstruct a parking stall or drive aisle. All outdoor activities shall occur on the walkway immediately in front of the storefront and shall not obstruct access to any business. Outside address speakers, telephone bells, buzzers, and other similar devices, which are audible from adjoining properties, shall be prohibited. All requirements of the City's Noise Ordinance shall be met at all times. If a noise problem results from the proposed project or operational changes within the development as determined by a Code Enforcement Officer, the applicant shall submit a noise study prepared by a professional acoustical engineer and perform or install interim and permanent mitigation measures as a result, including reducing the number of students or ceasing outdoor classes. If a noise or parking problem is observed by a representative of the City, the applicant shall, submit a study prepared by a professional noise or traffic engineer and perform or install interim and permanent mitigation measures. These measures may include, but not be limited to, the following: . Reducing the total number of students or instructors; Modifying the hours of operation; and/or, Reducing or eliminating the number of outdoor windtrainers. . . 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. A. Building plan check and permit fees to the Community Development Department based on the most current schedule. Exhibit A Resolution No. 3933 Page 5 (1 ) 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.