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HomeMy WebLinkAboutPC RES 3941 RESOLUTION NO. 3941 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING A TAl CHI MARTIAL ARTS STUDIO WITHIN AN EXISTING 1,500 SQUARE FOOT SUITE IN THE IRVINE INDUSTRIAL COMPLEX PLANNED COMMUNITY LOCATED AT 2600 WALNUT AVENUE, SUITE G 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 04-029 was filed by Wang Zhang, requesting authorization to establish a martial arts studio for up to two (2) instructors and eight (8) students within an existing 1,500 square foot tenant space in the Irvine Industrial Complex at 2600 Walnut Avenue, Suite G, Tustin. B. That the proposed use is consistent with the General Plan "Planned Community Commercial Business" land use designation which provides for a variety of industrial and commercial uses and the Planned Community Industrial (PC-IND) zoning designation which allows for indoor recreational facilities such as martial arts studios within the Irvine Industrial Complex Planned Community, with the approval of a Conditional Use Permit. 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 on said application on January 10, 2005, by the Planning Commission. D. That the establishment, maintenance, and operation of a martial arts studio will not 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: a) Pursuant to Condition 3.1, the use would be limited to a martial arts studio with no more than two (2) instructors and eight (8) students on- site at any given time. b) The operational characteristics of the martial arts studio would be appropriate for the location in that the use would occur entirely within the existing building. c) As conditioned, the days and hours of operation would be consistent with or would occur during hours that generally do not coincide with the operational hours of the other businesses located within the center. Pursuant to Condition 3.2, the hours of operation will be Resolution 3941 Conditional Use Permit 04-029 Page 2 limited to 3:00 p.m. to 8:30 p.m. Monday through Friday, 8:30 a.m. to 5:30 p.m. on Saturday, and 10:30 a.m. to 3:00 p.m. on Sunday. Those hours would generally occur at time when adjacent uses do not occur, because most industrial business hours are typically 8:00 a.m. to 5:00 p.m. and do not occur on weekends. d) The proposed use, as conditioned, would not result in parking impacts since an 80.57 space parking surplus exists. e) The Traffic Engineer has determined that the martial arts use as compared to business center, industrial park, and health club uses would not have additional impact during the AM peak traffic hours and that six (6) additional trips would be generated to the site during the PM peak hour, which can be accommodated by the existing street system capacity with no impact to existing levels of service. E. 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 Planning Commission hereby approves Resolution No. 3941 authorizing the establishment of a martial arts studio with up to two (2) instructors and eight (8) students at any given time during permitted business hours within a 1,500 square foot tenant space in the Irvine Industrial Complex Planned Community at 2600 Walnut Avenue, Unit G, 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 10th day of January, 2005. a~r/~ ELIZABETH A. BINSACK Planning Commission Secretary Resolution 3941 Conditional Use Permit 04-029 Page 3 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. 3941 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of January, 2005. a~ÆÆ~~ ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 EXHIBIT A CONDITIONAL USE PERMIT 04-029 CONDITIONS OF APPROVAL RESOLUTION NO. 3941 The proposed use shall substantially conform to the submitted plans for the project date stamped January 10, 2005, 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 to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. 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. Approval of Conditional Use Permit 04-029 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 within ten (10) days of approval of Conditional Use Permit 04-029. As a condition of approval of Conditional Use Permit 04-029, 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 CODEJS (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution 3941 Conditional Use Permit 04-029 Page 2 (1 ) 1.5 (1 ) 1.6 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 attorneys' fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. BUILDING AND SAFETY (5) 2.1 The applicant shall submit four (4) sets of construction plans, including drawings for mechanical, plumbing, and electrical, into plan check demonstrating compliance with the following requirements, obtain permits, and pass final inspection prior to initiating the use. a. The plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. b. The plans shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2001 California Plumbing Code Chapter four (4) Table 4-1 as per type of group occupancy, or as approved by the Building Official. A minimum of one restroom for each sex is required. c. The plans shall indicate that the site, vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. d. The plans shall indicate that two (2) exits are provided from the building and from any area with occupant loads of thirty (30) or more. e. The plans shall note that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. Exhibit A Resolution 3941 Conditional Use Permit 04-029 Page 3 USE RESTRICTIONS (5) 3.1 (5) 3.2 (5) 3.3 (5) 3.4 (5) 3.5 FEES (1 ) 4.1 The use shall be limited to a martial arts studio with no more than two (2) instructors and eight (8) students at any given time during the permitted hours of operation. The number of parking spaces for the use is limited by the amount commensurate to the number of students and instructors which, based on a parking ratio of one (1) parking space per instructor and for every three (3) students, equals 4.67 parking spaces. Any additional parking spaces allocated toward the use, modification to floor plans, addition of students or instructors, modification of hours of operation, or intensification of the use shall be reviewed and approved in writing by the Community Development Director. Hours of operation are limited to the following: . Monday - Friday: . Satu rday: . Sunday: 3:00 p.m. to 8:30 p.m. 8:30 a.m. to 5:30 p.m. 10:30 a.m. to 3:00 p.m. The applicant shall comply with the City's noise ordinance at all times. If noise complaints are received and a duly authorized representative of the City of Tustin determines that the noise is associated with the use, the applicant shall immediately implement interim provisions to prevent noise and shall submit a noise study prepared by a licensed professional noise consultant and implement sound mitigation measures recommended by the study to eliminate noise impacts. To prevent any noise associated with the use from impacting adjacent tenants, the applicant shall ensure that the doors remain closed at all times. If the use is wholly discontinued for any reason for a period of one (1) year or more or replaced with a different permitted or conditionally permitted use, the use shall be conclusively presumed to be abandoned and any future martial arts studio in the subject space would require a conditional use permit. The year shall not include time of discontinued use due to a valid order of a court of law or due to building repair under a building permit. 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 the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to Exhibit A Resolution 3941 Conditional Use Permit 04-029 Page 4 challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. (5) 4.2 Prior to issuance of any permits, payment shall be made of Building Plan Check and Permit Fees.