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HomeMy WebLinkAbout02 CUP 05-021 Report to the Planning Commission DATE: SUBJECT: PROPERTY OWNER: APPLICANT: LOCATION: ZONING: JULY 25, 2005 CONDITIONAL USE PERMIT 05-021 STEVE TAPPAN TAPPAN INVESTMENTS 195 S. C STREET, SUITE 250 TUSTIN, CA 92780 MARIE SCHNEIDER PILATES OF OLD TOWN 334 EAST CRYSTAL VIEW ORANGE, CA 92865 250 EL CAMINO REAL, SUITE 114; THE PROPERTY IS ALSO KNOWN AS PARCEL NO.1 AS SHOWN ON THE A MAP FILED IN BOOK 131, PAGE 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, AND CAN BE FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 401-572-03. CENTRAL COMMERCIAL AND PARKING OVERLAY (C-2P) DISTRICT ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 01) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. A REQUEST TO ESTABLISH AN INDOOR, PILATES STUDIO WITH PRIVATE SESSIONS FOR UP TO TWO (2) CLIENTS AND ONE (1) INSTRUCTOR WITHIN AN EXISTING BUILDNG AT 250 EL CAMINO REAL, SUITE 114. RECOMMENDATION REQUEST: That the Planning Commission: Adopt Resolution No. 3983 approving Conditional Use Permit 05-021 to conditionally permit an indoor, Pilates studio with private sessions for up to two (2) clients and one (1) instructor within an existing office building at 250 EI Camino Real, Suite 114. 1. Planning Commission Report CUP 05-021 July 25, 2005 Page 2 BACKGROUND Site and Suffounding Properties The site is located at the northwest corner of Third Street and EI Camino Real in the Central Commercial and Parking Overlay (C-2P) District, the Cultural Resources Overlay District, and the Town Center Redevelopment Project Area. The site is bounded by commercial businesses to the east, south, north, and west. (Attachment A - Location Map). 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 July 14, 2005. 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 July 14, 2005. The applicant was informed of the availability of the agenda and staff report for this item. CONDITIONAL USE PERMIT Project Description The applicant is requesting to establish an indoor, Pilates training studio with private sessions for up to two (2) clients and one (1) instructor within an existing 400 square foot space on the ground floor of an existing office building in the Central Commercial and Parking Overlay (C-2P) zoning district where health facilities are conditionally permitted. The proposed use will be conducted entirely within an existing building previously used as an art gallery and does not include any proposed exterior building or site improvements besides signage and minor tenant improvements. No exterior displays or operations are proposed. The proposed use is a small personal fitness training business that offers one-on-one personal sessions by appointment only. The applicant is proposing operating hours generally from 10:00 a.m. to 7:00 p.m. Monday through Friday, 9:00 a.m. to 1 :00 p.m. on Saturday, and closed Sunday. These hours of operation could be generally extended earlier or later; however, they are limited in nature and would not extend beyond the business hours of other businesses within the surrounding vicinity. As proposed (Attachment B - Business Description and Submitted Plans), the new business will consist of private or semi-private Pilates session with up to two (2) people. Sessions would be taught on a mat on the floor, or on one or both of the two (2) pieces of training equipment: the Pilates Reformer and the Pilates Trap Table. Planning Commission Report CUP 05-021 July 25, 2005 Page 3 Parking A total of ninety-two (92) off-street parking spaces are provided for the 21,000 square foot office building. Typical instructional and motivational schools have an off-street parking requirement of one (1) space for each two (2) clients at maximum enrollment and one (1) space for each instructor. As proposed, a total of two (2) clients and one (1) instructor would be using the studio at any given time, resulting in a parking requirement of two (2) parking spaces. Since the previous parking requirement for 400 square foot office space was two (2) parking spaces, there would be no impact on the parking. Condition 3.1 is included in Resolution 3983 to ensure the total number of occupants would be limited to two (2) clients and one (1) instructor. This condition would also allow the Community Development Department to permit an increase in the maximum number of instructors or clients if sufficient parking is provided and the occupancy load of the facility complies with the Uniform Building Code. Condition 3.3 is also included to ensure there is no overlap of classes or participants and that clients from a class leave the property before clients in the next class arrive. Noise The proposed project would comply with the Tustin Noise Ordinance, and Condition 3.4 would also require the applicant to be responsible for any necessary future monitoring and implementation of mitigation measures. Analysis 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 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 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 schools throughout the City. Planning Commission Report CUP 05-021 July 25, 2005 Page 4 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 generally from 10:00 a.m. to 7:00 p.m., Monday through Friday, 9:00 a.m. to 1 :00 p.m. on Saturday and closed Sunday, which is consistent with the general business hours of other businesses within the surrounding vicinity. / I/#f; /(j 1%f: Matt West Associate Planner Attachments: Attachment A - Location Map Attachment B - Submitted Plans Attachment C - Resolution Nos. 3983 S:\Cdd\PCREPORT\2005\CUP 05-021 (Pilates) pc Report.doc ATTACHMENT A Location Map LOCA TJON MAP PROJECT NO. ADDRESS CUP 05.~O21 LOCATION: 250 EI Camino Real, #114 REQUEST: To establish an indoor, Pilates studio with private sessions for up to two (2) clients and one (1) instructor within an existing office building. PROPERTY OWNER: TêlPpan Investments APPLICANT: Marie Schneider of Pilates of Old Town ATTACHMENT B Submitted Plans and Business Description Hi Scott, How are you? Per your request, the following is a summary of the businesss I will be conducting at 250 £1 Camino Real, Suite 114. Pilates is a fonn of exercise which can be used for general fitness or physical therapy/rehabilitation. Though it has recently become very popular, Pilates has been around for a very long time. It is being widely used and recommended by many Chiropractors, Physical Therapists, and healthcare practitioners alike due to the many theraputic benefits ofPilates. 1 will be open by appointment only, so my scheduling will depend primarily by my clients. An appointment is one hour, and can be a private session with one person, or a semi-private session with 2 people. I will not be working on Sunday at all. I currently have a steady clientele which will be following me to this facility, but have plenty of hours available for new clientele. Sessions can be taught on the mat (floor), or on one or both of the 2 pieces of equipment that I have - the Pilates Refonner and the Pilates Trap Table. Each session is monitored very closely, as the client is never left unattended on the equipment. Scott, I hope this gives you enough infonnatÍon. If not, please feel free to contact me either by phone at 714-454-3474 or via email. I look forward to working in Tustin again, and trust that you will do your very best to insure approval of my business license by August 1,2005. 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() /ì /(e ¡ I :-]l",}; -'" 10; . .- !" , -r ....11/\.-- ATTACHMENT C Resolution No. 3983 RESOLUTION NO. 3983 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 05-021 CONDITIONALLY PERMITTING AN INDOOR, PILA TES STUDIO WITH PRIVATE SESSIONS FOR UP TO TWO (2) CLIENTS AND ONE (1) INSTRUCTOR WITHIN AN EXISTING BUILDNG AT 250 EL CAMINO REAL, SUITE 114. The Planning Commission does hereby resolve as follows: I. D. E. The Planning Commission finds and determines as follows: A. A proper application, Conditional Use Permit 05-021 was filed by Marie Schneider on behalf of Pilates of Old Town, requesting authorization to establish an indoor, Pilates studio with private sessions for up to two (2) clients and one (1) instructor within an existing building at 250 EI Camino Real, Suite 114. 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 Central Commercial and Parking Overlay (C-2P) District. That a public hearing was duly called, noticed, and held for Conditional Use Permit 05-021 on July 25, 2005, by the Planning Commission. 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 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 Resolution No. 3983 Page 2 4) 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. The proposed use will not be detrimental to the surrounding properties in that the hours of operation of the classes would be from 10:00 a.m. to 7:00 p.m. Monday through Friday, 9:00 a.m. to 1 :00 p.m. on Saturday, and closed Sunday which is consistent with 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). G. II. The Planning Commission hereby approves Conditional Use Permit 05-021 authorizing an indoor, Pilates studio with private sessions for up to two (2) clients and one (1) instructor within an existing building at 250 EI Camino Real, Suite 114, 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 25th day of July, 2005. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3983 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. 3983 was duly passed and ado~ted at a regular meeting of the Tustin Planning Commission, held on the 25t day of July, 2005. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1) (1 ) (1 ) 1.3 (1) 1.4 (1 ) 1.5 (1 ) 1.6 EXHIBIT A RESOLUTION NO. 3983 CONDITIONAL USE PERMIT 05-021 CONDITIONS OF APPROVAL 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped, July 25, 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. 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. 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 05-021 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. The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEIS (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3983 Page 2 (1) (***) 1.7 As a condition of approval of Conditional Use Permit 05-021 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. 1.8 Conditional Use Permit 05-021 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. USE RESTRICTIONS (***) 2.1 (1 ) 2.2 (***) 2.3 (1 ) 2.4 The maximum number of clients and instructors within the facility shall be two (2) clients and one (1) instructor 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 05-021 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 hours of operation for the training facility may be generally from 10:00 a.m. to 7:00 p.m. Monday through Friday, 9:00 a.m. to 1 :00 p.m. on Saturday, and closed Sunday; however, they may generally be extended to accommodate client requests to be consistent with the operating hours of other businesses in the vicinity. 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. Exhibit A Resolution No. 3983 Page 3 FEES (2) 3.1 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.