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HomeMy WebLinkAboutPC RES 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, PllATES STUDIO WITH PRIVATE SESSIONS FOR UP TO TWO (2) CLIENTS AND ONE (1) INSTRUCTOR WITHIN AN EXISTING BUllDNG AT 250 El CAMINO REAL, SUITE 114. The Planning Commission does hereby resolve as follows: I. 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. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 05-021 on July 25, 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 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 G. 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). 4) 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. II. 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 å.., ~ ~ Chairperson ELIZABETH A. BINSÂCK 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. a.:;~ ~ ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) 1.1 (1 ) 1.2 (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 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. 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 (***) 1.8 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. 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 interÎm 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.