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HomeMy WebLinkAboutPC RES 3978 RESOLUTION NO. 3978 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 04-019 AND DESIGN REVIEW 04-018 CONDITIONALLY PERMITTING AN INDOOR, ONE-ON-ONE FITNESS TRAINING FACILITY AT 155 W. FIRST STREET, AND AUTHORIZATION TO DEMOLISH AN EXISTING 1,710 SQUARE FOOT AUTOMOTIVE SERVICE FACILITY AND CONSTRUCT A NEW 2,111 SQUARE FOOT BUILDING TO ACCOMMODATE THE PROPOSED USE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application, Conditional Use Permit 04-019 and Design Review 04-018, was filed by Margo Mavridis on behalf of Starting Line Fitness, requesting authorization to establish an indoor, one- on-one fitness training facility at 155 W. First Street within the Commercial land use designation of First Street Specific Plan (FSSP) and the Planned Community Commercial/Business General Plan land use designation, and to demolish an existing 1,710 square foot automotive service facility and construct a new 2,111 square foot building to accommodate the proposed use. 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 04-002, approved by the Planning Commission on June 27,2005, indoor, one-on-one fitness training is conditionally permitted in the Commercial designation of the First Street Specific Plan (FSSP). D. That a public hearing was duly called, noticed, and held for Use Determination 04-002, Conditional Use Permit 04-019, and Design Review 04-018 on June 27, 2005, 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. 3978 Page 2 F. neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1) The proposed use, as conditioned, would not be detrimental to surrounding properties in that the use would occur entirely within the building and the number of instructors and clients and scope of operations for the proposed use can be supported by the proposed building and site design, and, as conditioned, would be compatible with the uses on the surrounding properties. 2) The proposed use is not anticipated to result in parking impacts since the total number of instructors and clients in the classes would be limited to the available on-site parking by providing one (1) space for every instructor and one (1) space per two (2) clients, which is the typical ratio used for instructional and motivational schools 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 the public right-of-way. 3) The proposed use, as conditioned, would not create a noise impact on the surrounding neighborhood since the fitness classes would be limited to indoor only and would comply with the Tustin Noise Ordinance and General Plan Noise Element. 4) The proposed use will not be detrimental to the surrounding properties in that the hours of operation of the classes would be from 6:00 a.m. to 8:00 p.m., Monday through Friday, and 9:00 a.m. to 2:00 p.m. on Saturday, which is consistent with the general business hours of other businesses within the surrounding vicinity. In determining whether to approve the project, the Planning Commission would need to determine that the location, size, architectural features, and general appearance of the project is compatible with the surrounding buildings and will not impair the orderly and harmonious development of the area. A decision to approve this request may be supported by the following findings: 1) In accordance with Urban Design Policies 1 through 7 of the FSSP Design Guidelines, the project is a retail building that would promote and encourage orderly and cohesive growth on First Street, enhance the environment along First Street, be an appropriate scale in relation to other developments along First Street, and provide a pedestrian orientation. The sloped two- Resolution No. 3978 Page 3 story architectural style of the building is a similar height, mass, and scale to other buildings along First Street and will use high quality materials, colors, and details in a style that would complement Old Town Tustin. The project would promote pedestrian circulation by locating the building and storefront along First Street while providing convenient vehicular access and parking. 2) The project is consistent with other buildings in the area in that the proposed two-story building would have a smooth plaster finish, cornices, brick bulkhead, and burgundy awnings that complement the scale, massing and design of Old Town Tustin. 3) The site design provides for adequate on-site circulation for patrons and emergency vehicles; egress and ingress to the site is provided from "C" Street and does not require access from First Street. 4) The placement of the building at the front of the lot and use of wall lighting only would minimize noise and lighting on adjacent residential uses. G. 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 Conditional Use Permit 04-019 and Design Review 04-018 authorizing an indoor, one-on-one fitness training facility at 155 W. First Street within the Commercial land use designation of First Street Specific Plan and the Planned Community Commercial/Business General Plan land use designation, and to demolish an existing 1,710 square foot automotive service facility and construct a new 2,111 square foot building to accommodate the proposed use, subject to the conditions contained within exhibit a attached hereto. PASSED AND ADOPTED by the Planning Commission of t regular meeting on the 2ih day of June, 2005. f Tustin, at a ~~/I~ IZABETH A. BINSACK Planning Commission Secretary Resolution No. 3978 Page 4 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. 3978 was duly passed and ado~ted at a regular meeting of the Tustin Planning Commission, held on the 2i day of June, 2005. £}:~&;;¡;;~ ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 EXHIBIT A RESOLUTION NO. 3978 CONDITIONAL USE PERMIT 04-019 AND DESIGN REVIEW 04-018 CONDITIONS OF APPROVAL 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped, June 27, 2005, 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. Prior to building permit issuance, the applicant shall revise the building elevations per the Planning Commission's direction, including elimination of the standing seam roof, integration of the trash enclosure with the overall architecture, and reduction of the stucco mass by adding additional architectural features to the satisfaction of the Community Development Director. 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 04-019 and Design Review 04-018 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. 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. SOURCE CODES (1) STANDARD CONDITION (2) CECA MITIGATION (3) UNIFORM BUILDING CODEIS (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3978 Page 2 (1 ) 1.6 (1 ) 1.7 (***) 1.8 (***) 1.9 As a condition of approval of Conditional Use Permit 04-019 and Design Review 04-018, 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. 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 04-019 and Design Review 04-018 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. Prior to issuance of building permits, the property owner shall obtain all necessary approvals from the Orange County Health Care Agency, and provide written clearance to the Community Development Department. PLAN SUBMITTAL (3) 2.1 (3) 2.2 (3) 2.3 Prior to issuance of building permits, the applicant shall provide to the City of Tustin Community Development Department evidence of clearance from the Orange County Fire Authority and a re-compaction report from a registered and licensed Civil engineer for removal of any under ground tanks. At the time of building permit application, the plans shall comply with the most recently adopted codes. The City is currently using the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Code (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, City Ordinances, and State and Federal laws and regulations. Building plan check submittal shall include the following: . Seven (7) sets of construction plans, including mechanical, plumbing, and electrical. . Two (2) copies of structural calculations. drawings for Exhibit A Resolution No. 3978 Page 3 . Two (2) copies of Title 24 energy calculations. . Elevations that include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable. . The location of any utility vents or other equipment shall be provided on the roof plan. . Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All 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." . Cross-section details showing the installation of the proposed rooftop equipment. Rooftop equipment shall be installed and maintained so as not to be visible from the public right-of-way. Should the proposed equipment be visible from the public right-of-way, the building parapet should be an integral part of the building design and should screen all roof-mounted equipment. All roof-mounted equipment and vents should be a minimum of six (6) inches below the top of the parapet. An elevation showing rooftop equipment installation related to the height of the parapet and proposed equipment must be identified at plan check submittal. . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (3) 2.4 The plans submitted 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, Table 4-1, as per type of group occupancy, or as approved by the Building Official. (3) 2.5 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. (3) 2.6 Four (4) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer shall be submitted and shall include the following: Exhibit A Resolution No. 3978 Page 4 . Technical details and plans for all utility installations including telephone, gas, water, and electricity. . Three (3) copies of precise soil report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. . All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. . Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards. . Two (2) copies of Hydrology Report. (3) 2.7 The engineer of record must submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (3) 2.8 The engineer of record must submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. --. (3) 2.9 A surety/cash bond will be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of the grading, drainage, and erosion control shall be submitted to the Building Official for determination of the bond amount. (3) 2.10 Information shall be submitted to ensure compliance with requirements of the Orange County Fire Authority, including fire flow and installation of fire hydrants subject to approval of the City of Tustin Public Works and/or Irvine Ranch Water District. (3) 2.11 The applicant shall comply with the following conditions pertaining to the requirement for a Water Quality Management Plan: A. Prior to issuance of building permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify the: structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. (3) (3) (3) Exhibit A Resolution No. 3978 Page 5 B. Prior to submittal of a WQMP, the applicant shall submit a deposit of $2700.00 for the estimated cost of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for any additional review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. C. Prior to issuance of any permits, the property owner shall record a Notice of WQMP with the County Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. D. The Community Development and Public Works Department shall determine whether any change in use requires an amendment to an approved WQMP. 2.12 A note shall be provided on final plans that a six (6) foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. 2.13 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the residence. The numerals shall be no less than six (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. 2.14 The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. USE RESTRICTIONS (***) 3.1 The maximum number of clients and instructors within the facility shall be three (3) clients and three (3) instructors 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 two (2) clients. Maximum occupant load permitted by CUP 04-019 shall be posted on the wall by the exit door in a conspicuous location and may not exceed posted occupant load at any time. 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. Exhibit A Resolution No. 3978 Page 6 (1 ) 3.2 (***) 3.3 (1 ) 3.4 The hours of operation for the training facility may be from 6:00 a.m. to 8:00 p.m., Monday through Friday, and 9:00 a.m. to 2:00 p.m. on Saturday. 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. Each class shall be concluded to provide sufficient time for attendees of the prior class to vacate the site prior to arrival of attendees of the next class. 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. ARCHITECTURE (4) (4) (4) (4) (4) 4.1 4.2 4.3 4.4 4.5 All exterior treatments shall be consistent with the submitted color/material samples and noted on all construction plans and elevations submitted for Building Permit Plan Check, subject to review and approval by the Community Development Department at final inspection. Exact details of the exterior door/storefront, building parapet, and cornices shall be provided on the construction plans. Final construction details are subject to review and approval of the Community Development Department. All exposed metal flashing or trim shall be painted to match the building. No exterior down spouts, roof scuppers, or roof access shall be permitted. All roof drains shall utilize interior piping, but may have exterior outlets at the base of buildings. All signs are subject to separate review and approval. Sign permits shall not be issued until completion of the project and a tenant obtains zoning clearance and a business license. LANDSCAPING (6) 5.1 Complete landscape and irrigation plans that comply with the City of Tustin Landscape and Irrigation Guidelines shall be submitted at plan check. The plans submitted shall indicate the location and control of backflow prevention devices at the meter, pipe size, sprinkler type, spacing, and coverage details for all equipment including efficient irrigation systems which minimize runoff and evaporation and maximize the amount of water which will reach the plant roots. Drip irrigation, soil moisture Exhibit A Resolution No. 3978 Page 7 All plant materials shall be installed in a healthy and vigorous condition, typical to the species, and shall be maintained in a neat and healthy condition, in locations that adequate visibility of existing signage on adjacent properties. Maintenance includes, but is not limited to, support structures (trellis, etc.), trimming, mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of dead or diseased dying plants. Unhealthy or dead trees shall be replaced within seventy-two (72) hours upon notification by the City. ENGINEERING (6) (1 ) 6.1 (1) 6.2 (1) 6.3 (1) 6.4 (1 ) 6.5 (1 ) 6.6 (1 ) 6.7 sensors, and automatic irrigation systems shall be used to increase irrigation efficiency. 5.2 Any missing or damaged public improvements adjacent to the development shall be repaired or replaced prior to issuance of a Certificate of Use and Occupancy. The applicant shall provide permission from adjacent property owners for any work conducted on adjacent properties. Existing sewer, domestic water, reclaimed water, and storm drain service laterals shall be utilized whenever possible. Current Federal American with Disabilities Act (ADA) requirements shall be met at the drive aprons, pedestrian walkway, and curb ramp at First Street and C Street. The applicant shall dedicate the appropriate corner cut-off at First Street and C Street to the City of Tustin. The applicant shall provide legal descriptions and sketches as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor to the Engineering Division for review and approval. The City of Tustin is required to comply with the recycling requirements contained in the California Integrated Waste Management Act of 1989. To facilitate the City's compliance with this law, the applicant is required to comply with Section 4327 of the Tustin City Code which details requirements for developing and implementing a Waste Management Plan. A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to, the following: Exhibit A Resolution No. 3978 Page 8 (1 ) (1 ) A. B. C. D. E. F. Curb and gutter; Sidewalk, including curb ramps for the physically disabled; Drive aprons; Domestic water facilities; Sanitary sewer facilities; and, Landscape and irrigation. In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation, will be required. 6.8 Preparation of plans for and construction of: A. All sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per the standards of Orange County Sanitation District No.7. A domestic water system must be designed and installed to the standards of the City of Tustin Water Services Division. Improvement plans shall also be reviewed and approved by the Orange County Fire Authority for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Release/approval from East Orange County Water District shall be obtained prior to receiving water service. B. 6.9 A complete hydrology study and hydraulic calculations shall be submitted for review and approval by the City. (1 ) 6.10 Both horizontal and vertical intersection sight lines will need to be checked per County of Orange Public Facilities and Resources Department Standard No. 1117 for all affected streets. The site lines need to be shown on the grading plan and landscape plan. All landscaping within the limited use area will need to comply with County of Orange Public Facilities and Resources Department Standard No. 1117. (1 ) Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. 6.11 (1 ) 6.12 In addition to the normal full-size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also Exhibit A Resolution No. 3978 Page 9 (1 ) required to be submitted to the Public Works DepartmenVEngineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 13 or 14 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e. produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is AutoCad 2000. Drawings created in AutoCAD Release 13 or Release 12 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. 6.13 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (5) 7.1 FEES (2) 8.1 (1 ) 8.2 Approval from the Orange County Fire Authority (OCFA) shall be obtained prior to issuance of applicable permits. 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 challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. Prior to issuance of any permits, the applicant shall pay the following fees. Payments will be required based upon the rate in effect at the time of permit issuance and are subject to change. A. All applicable Building plan check and permit fees shall be paid to the Community Development Department. All applicable Grading plan check and permit fees shall be paid to the Community Development Department. B. Exhibit A Resolution No. 3978 Page 1 0 C. D. E. F. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. Payment of the Major Thoroughfare and Bridge Fees to the Tustin Public Works Department at the time a building permit is issued. The current fee is $3.37/sQ.tl. of new floor area. Payment of the Orange County Sanitation District No.7 Sewer Connection Fees at the time a building permit is issued. The current fee for an Average Capacity Demand use is ij.050.00 per 1.000 square feet. Reconstruction of non-residential buildings on the same legal building site as the demolished structure is exempt for paying fees, provided the structure is the same square footage or less than the demolished structure. If the new is larger than the demolished structure, fees would be collected for the net square footage increase. New development fees in the amount of $0.10/sQ.t1. of new floor area to the Community Development Department.