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HomeMy WebLinkAboutPC RES 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. 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. B. That a public hearing was duly called, noticed, and held for Conditional Use Permit 05-032 on September 26, 2005, by the Planning Commission. C. 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: D. 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. 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. ~ J~ . a - ~ Chairperson ~ß ~~ ELIZABETH A. BI SACK 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. ~~~ E IZABETH A. BINSACK Planning Commission Secretary -~~ ~--- -~- - --- GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) (1 ) 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. 1.5 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. 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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (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 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. 1.8 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. _._---~----._-- L - ,--... I I rl I I I -~- Exhibit A Conditions of Approval Conditional Use Permit 05-032 (***) (1 ) (1 ) (1 ) (1 ) (1 ) 3.2 3.3 3.4 3.5 FEES (2) 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. 3.6 No congregation and loitering outside the building shall be permitted. 3.7 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. 4.1 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.