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HomeMy WebLinkAbout03 CUP 05-032 ITEM#3 Report to the Planning Commission DATE: SUBJECT: PROPERTY OWNER: APPLICANT: LOCATION: ZONING: SEPTEMBER 26, 2005 CONDITIONAL USE PERMIT 05-032 EL CAMINO PLAZA ATTN: WILLIAM ZAP PAS 700 EL CAMINO REAL TUSTIN, CA 92780 O.C. GOLDEN GLOVES ATTN: HEIDI WALTERS 390 N. IRONPIKE CIRCLE ANAHEIM, CA 92807 710 EL CAMINO REAL CENTRAL COMMERCIAL (C-2) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: A REQUEST TO ESTABLISH A 5,165 SQUARE FOOT MARTIAL ARTS HEALTH STUDIO WITHIN AN EXISTING BUILDING LOCATED AT 710 EL CAMINO REAL. RECOMMENDATION That the Planning Commission adopt Resolution No. 3994 approving Conditional Use Permit 05-032 to conditionally permit a 5,165 square foot martial arts health studio at 710 EI Camino Real. BACKGROUND Site and Surrounding Properties The site is located at the southwest corner of EI Camino Real and Sixth Street in the Central Commercial (C-2) Zoning District. The site is surrounded by additional retail uses to the west with Planned Industrial (PM) uses to the east, a parking lot followed by retail to the north, and an office building and the Interstate 5 Freeway to the south (see Attachment A - Location Map). Conditional Use Permit 05-032 September 26, 2005 Page 2 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 7, 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 notice was posted at City Hall on September 7, 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 a martial arts health studio for a maximum of forty- two (42) clients and two (2) instructors at any given time within a 5,165 square foot existing tenant space (Attachment B - floor plans). Pursuant to Planning Commission Resolution No. 1815, health clubs and gymnasiums located in the Central Commercial (C-2) zoning district require a Conditional Use Permit. The proposed use would incorporate martial arts related fitness activities similar to those that occur in health clubs and gymnasiums. The tenant space is located within the EI Camino Plaza and is currently vacant. The entire EI Camino Plaza has a zoning of (C-2), Central Commercial and contains a variety of uses including restaurant, gym, service businesses, and retail. The previous tenant was a retail store called Party Time. Currently the site is vacant and has building permits for minor tenant improvements to the restrooms. No exterior modification is proposed. The proposed hours of operation will vary day to day between the times of 9:00 a.m. and 10:00 p.m. Currently EI Camino Plaza has a variety of uses including Bally's Total Fitness, a gymnastics studio, retail stores, and several restaurants. The applicant's proposed hours of operation are consistent with the general business hours of the center and surrounding vicinity. Parking There are 509 parking spaces available for all uses within the center. The tenant space was originally intended for retail use and was allotted twenty-three (23) parking spaces based on the parking ratio of one (1) space per 200 square feet of gross floor area. Based on the spaces allotted to the tenant space, planning staff calculated the maximum number of students and instructors the site could accommodate. The applicant has indicated that there would not be more than two instructors at one time; therefore, at the ratio of one (1) parking space for each instructor and one (1) parking space for every two (2) students, the maximum number of students allowed at the site at anyone time would be forty-two (42). Staff has added Condition 3.1 to reflect this limitation. The City's Traffic Engineer has reviewed the project and found that no significant parking impacts are anticipated due to the proposed project. A parking study was conducted on December 15, 2000, for the entire EI Camino Plaza. The parking demand counts took into Conditional Use Permit 05-032 September 26, 2005 Page 3 consideration the demands of both the existing and potential uses in the center and concluded that at peak demand there were still eighty (80) vacant parking spaces available. They found that a majority of the center is occupied by restaurant and similar uses that typically have a higher parking demand on weekends and evenings while fitness uses typically have a higher parking demand Monday through Thursday. Consequently, the Traffic Engineer concluded that there are a sufficient number of spaces available for a martial arts health studio with a maximum of forty-two (42) students and two (2) instructors. 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 facilities throughout the City. 3) The proposed use, as conditioned, would not create a noise impact on the surrounding neighborhood since the classes would be conducted inside the building and would be conditioned to 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 consistent with the general operating hours of other businesses within the surrounding vicinity. Staff recommends that the Planning Commission adopt Resolution No. 3994 approving the Conditional Use Permit for a martial arts health studio located at 710 EI Camino Real in the Central Commercial (C-2) zoning district. ~4~L- Ryan .... wiontek Assistant Planner \::) <>-.- (~do-- Dana Ogdon Assistant Commu Ity Development Director Attachments: A. Location Map B. Submitted Plans C. Resolution No. 3994 ATTACHMENT A Location Map TUSTIN CITY MAP Address: CUP 05-032 710 EI Camino Real Tustin, CA 92780 nH~ ~ ~ ~ ~ Á ( . "" ,I /-, ", ,/'<~~;~c'~~~, /' '<:~y" l., /~ "'.,.,~,, ,/ / ,"-.. ""/,,, / :, ~">;'v.'., ,ð' " ,0 <!' , ,;" ATTACHMENT 8 Submitted Plans I I I I \ I \ þ \ I \ I \ , I I I I \ I I I I PJI al ~I 21 ~I »1 r¡ I'r I~ 10 I~ 1""0 ,OJ I ~. I~ +Q ¡^ I I I , I ',--- ~ ""- ~.~" --~-~ ~ v/ V ~, ~! [ I ~ ~ r= ~ ~¡ ~ ii/. .~- ~ ~ ~, C) ------~~~~. S4N .~~ ~ ~~7:4 AN ~ '~~-~~ Pro:: - ~-~~!. A y ------- - ------- ~-... ~. -~- æ; w ~l'~ ./././,/ ili 1/> ;; ./ // / / - - / w - W ¿j ~\~\~\\~"J ~\\ \\\\~~ "'" ex i=õj c... 22 """ ::I" ~;< ~ ¡¡; ::I '" Ii> '" 5 G z Ii> ,{~-~~'-::--, ATTACHMENT C Planning Commission Resolution No. 3994 RESOLUTION NO. 3994 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 05-032 AUTHORIZING A 5,165 SQUARE FOOT MARTIAL ARTS HEALTH STUDIO LOCATED AT 710 EL CAMINO REAL IN THE C-2, CENTRAL COMMERCIAL ZONE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. B. C. D. A proper application for Conditional Use Permit 05-032 was filed by Heidi Walters requesting authorization to establish a 5,165 square foot martial arts health studio at 710 EI Camino Real. The General Plan Commercial Land Use Designation provides for a variety of retail, office, and personal services, including instructional facilities. The project is consistent with the Air Quality Sub-element of the City of Tustin General Plan. That a public hearing was duly called, noticed, and held for Conditional Use Permit 05-032 on September 26, 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 ~lients 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 facilities throughout the City. Resolution No. 3994 Page 2 3) The proposed use, as conditioned, would not create a noise impact on the surrounding neighborhood since the classes would be conducted inside the building and would be conditioned to 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 consistent with the general operating hours of other businesses within the surrounding vicinity. 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 Conditional Use Permit 05-032 authorizing a 5,165 square foot martial arts health club studio at 710 EI Camino Real, 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 26th day of September, 2005. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary 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. 3994 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 26th day of September, 2005. 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 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 05-032 The proposed project shall substantially conform with the submitted plans for the project, date stamped September 26, 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 05-032 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 Conditions of Approval Conditional Use Permit 05-032 (1 ) 1.7 (***) 1.8 As a condition of approval of Conditional Use Permit 05-032 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 05-032 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. ORANGE COUNTY FIRE AUTHORITY (1 ) 2.1 (1 ) 2.2 Prior to the issuance of a building permit the applicant shall submit plans for any modification or addition to any existing automatic fire sprinkler system in any structure to the Fire Chief for review and approval. Please contact the OCFA at (714)573-6100 for additional information. Prior to the issuance of a building permit the applicant shall submit architectural plans for review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria Form". Please contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on plans prior to submittal. USE RESTRICTIONS (***) 3.1 The maximum number of clients and instructors within the facility shall be forty-two (42) clients and two (2) 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. Any request to increase student and/or instructor numbers shall require the project proponent with property owner's permission to provide a parking demand analysis of the center showing sufficient parking would be provided, and shall be subject to the Community Development Director review and approval. The maximum occupant load permitted by CUP 05-032 shall be posted on the wall by the exit door in a conspicuous location and may not exceed posted occupant load at any time. Exhibit A Conditions of Approval Conditional Use Permit 05-032 (***) (1 ) (1 ) (1 ) (1 ) (1 ) FEES (2) 3.2 3.3 3.4 3.5 3.6 3.7 4.1 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. The facility's daily hours of operation may be from 9:00 a.m. to 10:00 p.m. Any change to the hours of operation shall be reviewed by the Community Development Department and may be approved if no adverse impacts are anticipated. All required exit doors and path shall remain open and unobstructed during business hours. The property shall be maintained in a safe, clean, and sanitary condition at all times. The applicant and the property owner shall be responsible for the daily maintenance and up-keep of the facility, including but not limited to, trash removal and maintenance of the facility. No congregation and loitering outside the building shall be permitted. 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. 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.