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HomeMy WebLinkAbout03 CUP 05-020, UD 05-003 ITEM #3 Report to the Planning Commission DATE: SUBJECT: PROPERTY OWNER: APPLICANT: LOCATION: ZONING: SEPTEMBER 12, 2005 CONDITIONAL USE PERMIT 05-020 AND USE DETERMINATION 05-003 ULTIMATE ENTERPRISES ATTN: BILL CAPLIN 3 HEARTWOOD WAY ALiSO VIEJO, CA 92656 MY GYM CHILDREN'S FITNESS ATTN: RICK ALTMAN 2040 QUAIL STREET NEWPORT BEACH, CA 92660 3061 EDINGER AVENUE PLANNED COMMUNITY INDUSTRIAL (PC-IND)/JAMBOREE PLAZA PLANNED COMMUNITY ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: A REQUEST TO PROVIDE GYM CLASSES WITH UP TO 30 CHILDREN AND FOUR (4) EMPLOYEES AT A TIME WITHIN AN EXISTING BUILDING AT 3061 EDINGER AVENUE. BIRTHDAY PARTY FACILITATION IN THE BUILDING IS REQUESTED AS AN ACCESSORY USE ON FRIDAY AFTERNOONS AND WEEKENDS. RECOMMENDATION That the Planning Commission adopt Resolution 3992 approving Conditional Use Permit 05-020 and Use Determination 05-003. Planning Commission Report CUP 05-020 and UD 05-003 September 12, 2005 Page 2 BACKGROUND Site and Surrounding Properties The site is located at the northwest corner of Jamboree Road and Edinger Avenue. The property is in the Planned Community Industrial (PC-IND) Zoning District and is specifically known as the Jamboree Plaza Planned Community. Jamboree Plaza consists of Planning Areas A through D. Area A is for freestanding commercial uses; Area B is for retail and commercial uses; Area C is for auto service uses; and, Area D is for office, light industrial, and warehouse uses. The specific project site is designated Planning Area B/C by the Jamboree Plaza Planned Community. The General Plan Land Use Designation for the site is Planned Community Commercial/Business. The site is north, east, and west of Tustin Legacy and south of the railroad tracks. (Attachment A - Location Map). The site is developed with 22 individually owned commercial/industrial condominium units that facilitate a variety of retail, commercial service, auto service, office, light industrial, and warehouse uses. Approximately 30 percent of the plaza is occupied by veterinary uses and approximately 16 percent is occupied by automotive service uses. Pre-application History Prior to acquiring the site, the owner's real estate agent contacted City staff who informed him that the proposed use was not permitted under the current zoning. The business owner is now seeking permission to use the site for the proposed gymnasium use. No instructional, assembly, gymnasium, exercise, or karate uses currently have business licenses in the center. The proposed children's fitness gym classes and accessory birthday party facilitation are not identified as a permitted use in the B/C Planning Area of the Jamboree Plaza District Regulations. The Jamboree Plaza District allows gymnastic studios with a conditional use permit in Planning Area D of the district but is not listed as a permitted or conditionally permitted use in Areas Band/or C, which is the area where the gym is requested. Tenant spaces immediately adjacent to the site are appropriately zoned (Planning Area D) to conditionally support a proposed gymnasium use, including both buildings immediately adjacent to either side of the subject site. Accessory banquet facilities/birthday and party facilitation is also not listed as permitted anywhere in Jamboree Plaza. Justification for Planning Commission Review of the Proposal Section 3.6 of the Jamboree Plaza regulations authorizes the Community Development Director to determine that unlisted uses are permitted, conditionally permitted, or accessorily permitted. As authorized by Tustin City Code Section 9299b, the Director is forwarding CUP 05-020 and UD 05-003 for review before the Planning Commission. Planning Commission Report CUP 05-020 and UD 05-003 September 12, 2005 Page 3 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 September 1, 2005. Property owners within 300 feet of the site were notified of the hearing by mail; a hearing sign is posted on the site; and, the hearing was posted at City Hall on September 1, 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 that the Planning Commission approve UD 05-003 and CUP 05-020 for the operation of physical education classes for a maximum of 30 children, 15 observers/parents, and four (4) employees at any given time in a 5,600 square foot building at 3061 Edinger Avenue. Two (2) activity areas are proposed and occupy 2,650 and 1,750 square feet of floor area (Attachment B - Business Description and Submitted Plans). The remaining floor area is dedicated to reception, office, and restroom uses. The proposal would not include any exterior building or site improvements besides signage and minor tenant improvements. The proposed operating hours for the physical education classes are from 9:00 a.m'. to 5:30 p.m. Monday through Friday, 9:00 a.m. to 12:30 p.m. on Saturday, and closed Sunday. The applicant is also requesting that the Planning Commission determine that accessory birthday party facilitation would be permitted in the tenant space as part of the conditional use permit on Friday afternoons and weekends. Parking A total of 512 off-street parking spaces serve the 22 commercial/industrial condominiums of Jamboree Plaza (Attachment C - Parking Survey). The plaza consists of 149,893 square feet and, based on the current mix of uses, 470 parking spaces are required and 42 surplus parking spaces exist. Assuming parking based on a maximum of 30 children and four (4) employees, the parking requirement for the proposed use would be the same as that required for instructional schools: one (1) space for each two (2) clients at maximum enrollment and one (1) space for each instructor. The 15 observers/parents would not need to be included in the parking count since it is reasonable to conclude that the parents would remain with their children and would not generate additional parking needs. A total of 19 parking spaces would be required for the proposed use [(30 children + 2 = 15) + (4 instructors + 1 = 4) = 19]. With the proposed use, a total of 466 parking spaces would be required and 46 surplus parking spaces would exist. Planning Commission Report CUP 05-020 and UD 05-003 September 12, 2005 Page 4 Since Jamboree Plaza is a condominium association, each building is allocated a set number of parking spaces in the covenants, conditions, and restrictions. The subject property is known as Building 10 and is allocated 4 reserved parking spaces and 26 non-exclusive parking spaces in the center. Therefore, after deducting the 19 required parking spaces for the children's gym, a surplus of 11 parking spaces would exist for the building. ANAL YSIS/RECOMMENDATION The Community Development Department finds that the project meets the intent of the Jamboree Plaza Planned Community, the Tustin City Code and the General Plan as follows: 1) The proposed use, as conditioned, would not be detrimental to surrounding properties in that the hours of operation, number of participants, and scope of operations for the proposed children's gymnasium and birthday party facilitation would be compatible and consistent with the commercial uses in the center and the immediately adjacent buildings which could contain the same use with a conditional use permit. 2) The proposed use is not anticipated to result in parking impacts since the total number of instructors and children in the classes and parties is fixed by the project . conditions of approval. Parking would be limited to spaces available on-site by requiring one (1) space for each two (2) clients at maximum enrollment and one (1) space for each instructor, which is the typical ratio used for instructional schools throughout the City. 3) The proposed uses, as conditioned, would not create a noise impact on the surrounding neighborhood since the gymnasium and birthday party activities 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 and accessory party facilitation would be consistent with the general business hours of other businesses within the surrounding vicinity. 5) The proposed use is appropriate for the location in that a gymnasium could occupy tenant spaces on either side of the site with a conditional use permit. Should the Planning Commission choose to approve this request, approval may be supported by the above findings. Planning Commission Report CUP 05-020 and UD 05-003 September 12, 2005 Page 5 ~~ h~ <?Jdt> Dana Ogdon Assistant Community Development Director Attachments: Attachment A - Location Map Attachment B - Business Description and Submitted Plans Attachment C - Parking Survey Attachment D - Resolution 3992 S:\Cdd\PCREPORT\2005\CUP 05-020,doc ATTACHMENT A LOCATION MAP ATTACHMENT B BUSINESS DESCRIPTION AND SUBMITTED PLANS - ---."l', ,,-I:m"n 3":'-:::,1-52[,(' To ,'"f¡:ó¿3-8:41 eJete: Có¡C8/2')-)S -'-"e 10:32-..0 AM r-age 1 0' " My Gym Children's Fitness Center Business Description My Gym Children's Fitness Center, founded in 1983 has become the premier name in Children's physical education- My Gym caters to children age's 3 months to 9 years to develop their physical mental and social abilities through physical acti'vity and education, With 126 locations throughout the United States, the My Gym program has enhanced the lives of thousands of children, Its unique ÎOnnula emphasizes the use of fun and games with class and instructor participation. The program enhances the children's gross and fine motor skills and sport skills while building their character, self-confidence and social skills. The My Gym program generally run from 9:00 AM to 5:30 PIM Monday through Friday and from 9:00 to 12:30 on Saturday. Classes contain a maximum of 15 children and are either 45 minutes or one hour long. Each class includes different age groups roughly one year apart, Early mauling classes are generally reserved for children up to 3 years of age and require parental participation. Late mon1Íng and afternoon classes are mainly for the older children up to 9 years and do not require parents to stay with the children. Late Friday afternoon and weekends the gym is reserved for 2 hour supervised birthday parties- The proposed facility consists of a total of 5,600 sq. ft. and will divided into 1\\'0 play areas 2,800 square feet each. Each space will be used for classes as described above. Therefore, there could conceivably be up to 30 children in the building at one time. Each space will employ 1,700 square feet of usable area, The remainder will be entrance, office .. '7'1 ~ d; f\l:m~n 349-25}-526::; To Fai<#:E3-S:41 Date: (¡6,C8;2'))~ -n,e 10:32:40 AM and bathroom space. The gym will generally service the conununity within a 5-mile radius. A maximum of 3 employees will be working at one time, . c-age 2 of 2 PLANNING AREAS A B FREESTANDING COMMERCIAL RETAJUCOMMERCIAL C D AUTOMOTIVESER~CES OFFICE. LIGHT INDUSTRIAL, AND WAREHOUSE SUBJECT SITE G ~ v ~.J ¡' i ; "\ W. 1" . . , , v I \ ;; '\ .11 \ '\ \\H f1 I Ü\ .- - . -01 t; i I}'. I .,-: 0 Q 5 ~ -I 1./1) \,\ ~ "n p ~ 1" '"'U m ...¡ Þ--; ~ ,r/ ,.¡... 0 ì\ If) CP ]) -D IJ) () {) ¡n .¡- -p I" <f\ ... .,0 0 0 .3. -K) .... v'f .L- [ I Q I c. ! ~ ~ i -I -- \11 P \ \ ! \ i 1 ~cq -----.-- --.-. ., -J -.::Y 7 \ 3 ;il /. '(. ~ ~ -'Q - +-- c. .- - ) c ~ .J- ~ ~ , \' r: ~1 ~ '" r :> r ~ - ~/ ).- .. '5 f f ~ " ~ (" ~ u -0 ~ 1> 1" 1"" :t> IJ 1\'\ --C-. .-p t> A? f\ j...,.. p ~ ~ :s ..Q fU '" ~ j -0 .-- C Q 3 ..!. '-'\ ....\ ,. ~ ~ f' () ...-0 \- 5- , , ~ Q.- VI -; v {Ç - .;..-1-, !': J " LB' ~~ a , f' ~~ ..¡..-- 0' ~~ ~ :> t l~ r -r , f ~ r ~ p- m ~ "I. \-. Jyr3 f~ ~"'W " . C Õ -~ ~ '\'~ 1" . r~ \'" oo--z. VE17!V ¡v 0 \ 1. d '3 -:>9 "ð (;.,,"'N"'C~ o.~ , ' ~ IN. ,""'.'""'----' '" ~ 0 ~ "'"' ~ !.' 0 r I" VI JI .0 -- ( \ 1 , " , ... ATTACHMENT C PARKIN G STUDY 16 16 16 20.80 12812 40 Vererinary 3021 Edinger n.a. BuildinQ per Vet 7138 26 5.20 20.80 33.00 . 33.00 25.00 :t 25.00 3069 Edinger n.a. The Cat Hospital of Irvine Vet CUP 03-006 4874 15 16.00 5.24 21.24 Auto Service 4477 Unknown 8.95 8.95 440 197.1520,8034,35 6.00 46.96 0.00 4.00 15,00 113.60 5,24 22.56 0.00 ,. PER CUP 98-028 PER CUP 03-004 PER CUP 99-008 PER CUP 00-003 PARKING PROVIDED PARKING REQUIRED SURPLUS PARKING 512.00 465.66 46.34 À € A TT ACHMENT D RESOLUTION NO. 3992 RESOLUTION NO. 3992 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 05-020 AND USE DETERMINATION 05-003, AUTHORIZING THE ESTABLISHMENT OF A GYMNASIUM FOR UP TO 30 CHILDREN AND FOUR (4) EMPLOYEES AT A TIME AND AUTHORIZING ACCESSORY BIRTHDAY PARTY FACILITATION WITHIN AN EXISTING BUILDING AT 3061 EDINGER AVENUE. The Planning Commission does hereby resolve as follows: I. D. The Planning Commission finds and determines as follows: A. Proper applications, Conditional Use Permit 05-020 and Use Determination, were filed by Rick Altman requesting authorization to establish a gymnasium for up to 30 children and four (4) employees at a time and to conduct accessory birthday party facilitation within an existing building at 3061 Edinger Avenue. B. The General Plan Planned Community Commercial/Business land use designation provides for a variety of com"lercial and office uses which could include instructional facilities. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. C. That a public hearing was duly called, noticed, and held for Conditional Use Permit 05-020 and Use Determination 05-003 on September 12, 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 hours of operation, number of participants, and scope of operations for the proposed children's gymnasium and birthday party facilitation would be compatible and consistent with the commercial uses in the center and the immediately adjacent buildings which could contain the same use with a conditional use permit. Planning Commission Resolution No, 3992 CUP 05-020 and UD 05-003 Page 2 4) 5) F. 2) The proposed use is not anticipated to result in parking impacts since the total number of instructors and children in the classes and parties is fixed by the project conditions of approval. Parking would be limited to spaces available on- site by requiring one (1) space for each two (2) clients at maximum enrollment and one (1) space for each instructor, which is the typical ratio used for instructional schools throughout the City. 3) The proposed uses, as conditioned, would not create a noise impact on the surrounding neighborhood since the gymnasium and birthday party activities 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 and accessory party facilitation would be consistent with the general business hours of other businesses within the surrounding vicinity. The proposed use is appropriate for the location in that a gymnasium could occupy tenant spaces on either side of the site with a conditional use permit. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 05-020 and Use Determination 05-003 authorizing a gymnasium for up to 30 children and four (4) employees at a time and authorizing accessory birthday party facilitation within an existing building at 3061 Edinger 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 12th day of September, 2005. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Planning Commission Resolution No. 3992 CUP 05-020 and UD 05-003 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. 3992 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of September, 2005. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) (1 ) (1 ) 1.3 (1) 1.4 (1) 1.5 EXHIBIT A CONDITIONAL USE PERMIT 05-020 AND USE DETERMINATION 05-003 3061 EDINGER AVENUE CONDITIONS OF APPROVAL 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 12, 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 05-020 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) CEQA MITIGATION (3) UNIFORM BUILDING CODEIS (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Conditions of Approval Exhibit A , CUP 05-020 Page 2 (1) 1.6 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. (1 ) (1 ) 1.8 1.7 As a condition of approval of Conditional Use Permit 05-020 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 05-020 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 *** 2.2 *** 2.3 The business owner and/or property owner shall ensure that a minimum of 19 parking spaces are maintained for the children's gymnasium and accessory birthday party uses. Modifications to the parking and/or uses require a revised parking summary to be reviewed and approved in writing by the Community Development Department. No more than four (4) staff members and 30 children are allowed in the tenant space at any given time. Any change in number of staff or children participants requires approval of revised parking summary by the Community Development Department. The hours of operation for the children's gymnasium shall be limited to: Monday through Friday Saturday Sunday 9:00 a.m. to 5:30 p.m. 9:00 a.m. to 12:30 p.m. closed The hours of operation for the accessory birthday party facilitation shall be limited to: Friday Saturday and Sunday 5:30 p.m. to 10:00 p.m. 9:00 a.m. to 10:00 p.m. Conditions of Approval Exhibit A CUP 05-020 Page 3 (1) (1) FEES (1 )(5) 3.1 (2) 3.2 Modifications to the hours of operation may be approved by the Director of Community Development if it is determined that no impacts to surrounding tenants or properties will occur. 2.4 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. 2.5 If in the future the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the children's gymnasium, the Community Development Director may require the applicant to prepare a parking demand analysis, traffic study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a. b. Adjust hours of operation. Reduce student enrollment. 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. A. Building plan check and permit fees to the Community Development Department based on the most current schedule. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. 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.