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HomeMy WebLinkAboutPC RES 3933 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: 1) 2) 3) 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. 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. 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. a~dd~ 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 2i day of September, 2004. ~.I ;¡¡;;~¿- IZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 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. 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. 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 (g) 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 gO-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 I______-~ - ---- -- 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 ) 3.6 3.8 3.9 4.1 in association with the bicycle classes, and "No Loitering" signs shall be posted in the parking lot. 3.5 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 applicant may request a modification if there is a reduction in the occupancy of the facility or other changes that impact parking needs. 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. Exhibit A Resolution No. 3933 Page 5 A. Building plan check and permit fees to the Community Development Department based on the most current schedule. (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.