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HomeMy WebLinkAboutPC RES 4400 RESOLUTION NO. 4400 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2019-00022 AND DESIGN REVIEW 2019-00017 AUTHORIZING THE ESTABLISHMENT AND OPERATION OF A 30,524 SQUARE FOOT HEALTH CLUB FACILITY AT 1091 OLD IRVINE BLVD. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2019-00022 and Design Review (DR) 2019-00017 was filed by Greg Gill, of Fitness International, LLC, requesting authorization to establish and operate a 30,524 square foot health club facility on an existing property located at 1091 Old Irvine Blvd. B. That the Retail Commercial Zoning District regulations and the Community Commercial General Plan Ian_d use designation provide for a variety of commercial uses. 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. That a public hearing was duly called, noticed, and held for CUP 2019- 00022 and DR 2019-00017 on February 25, 2020, by the Planning Commission. D. 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, 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) Health clubs are conditionally permitted within the Retail Commercial zoning district. 2) All activities would occur entirely within the building. 3) As conditioned, the proposed use can be accommodated by the proposed onsite parking spaces. 4) The proposed hours of operation are typical of a health club facility and are compatible with other uses in the surrounding area. 5) Pursuant to Section 9272c of the Tustin City Code (TCC), the Community Development Department finds that the location, Resolution No. 4400 Page 2 size, architectural features, and general appearance of the proposed project will not impair the orderly and harmonious development of the area, the present or 'future development therein, or the occupancy as a whole. In making such findings, the Community Development Department has considered at least the following items: a. Height, bulk and area of buildings. The height and bulk of the proposed project is compatible with surrounding buildings in that the proposed is between twenty (20) and twenty-eight (28) feet high, similar to the existing surrounding commercial and office buildings. b. Setbacks and site planning. The proposed building setback of approximately one hundred thirty (130) feet on the southeast elevation meets the setback requirement of five (5) feet setback from the property line. All other existing building setbacks will remain unchanged. c. Exterior materials and colors. The proposed exterior materials and colors are appropriate for the use and the area in that the design provides an updated look and presents a contemporary fagade,which is typical of stand- alone health club facilities in the area. d. Type and pitch of roofs. The proposed roof design is flat with parapets of varying heights, which is similar to the surrounding commercial and office buildings. e. Size and spacing of windows, doors and other openings. The proposed size and spacing of windows and doors are compatible for the area in that there are store fronts with clear glass along the front elevation and increases the visual engagement between the interior and exterior areas. f. Landscaping and parking area design. The proposed landscaping, as conditioned, shall comply with the Water Efficient Landscape Ordinance requirements. The proposed parking lot is in compliance with development standards. g. Location, height and standards of exterior illumination. As conditioned, the project will comply with site illumination standards and confine the lighting onto the property. h. Location and appearance of equipment located outside of an enclosed structure. As proposed and conditioned, Resolution No. 4400 Page 3 equipment shall be screened with the building parapet or landscaping screening. i. Location and method of refuse storage. As conditioned, the trash enclosure will provide adequate room for trash bin storage and easily allow for trash collection services. The trash enclosure will also be designed with a mesh barrier to deter illegal dumping. j. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The proposed structure is compatible with existing and possible future structures in that the building is contemporary in design, its location is primarily unchanged, and will have a street view similar to the existing street view. k. Proposed signing. As conditioned, building signage shall comply with applicable regulations and shall be submitted to the Community Development Department for review and approval. 1. The proposed project is consistent with the development Guidelines and criteria as adopted by the City Council. The proposed project, as conditioned, complies with development standards, and provides an updated look to the existing building by adding contemporary architectural elements and adding new parking spaces to accommodate the proposed health club use. 6) As conditioned, CUP 2019-00022 and DR 2019-00017 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. If the use is not operated in accordance with CUP 2019-00015 and DR 2019-00017 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP and DR. 7) The City's Public Works Department, Police Department and Building Division have reviewed and support the development of the proposed project, as conditioned. E. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Resolution No, 4400 Page 4 11, The Planning Commission hereby approves CUP 2019-00022 and DR 2019- 00017 authoriingi the establishment and operation of a 30,,524 square foot health club facility on an existing property located at 1091 ldl Irvine Blvd, 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 February, 2020. AMY MASON Chairperson rIZABETHI A. BINSACK nning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4400 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25t day of February, 2020, PLANNING COMMISSIONER AYES: Chu, Gallagher, jr ha, Kozak, Mason PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: jrIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A ; RESOLUTION NO, 4400 CONDITIONAL USE PERMIT (CUP) 2019-00022 AND DESIGN REVIEW DR 2019-00017 1091 OLD IRVINE BLVD, CONDITIONS OF APPROVAL GENERAL (1) 1A The proposed use shall substantially conform to the project description and submitted plans for the project date stamped February 25, 2020, an file with the Community Development Department, ex ept.as herein modified, r as modified by the Director f Community Development in accotdance with this Exhibit. The Director of Community Development may also approve minor modification during plan check if such modifications are to be consistent with the provisions of the Tustin City Code(TCC) and other applicable codes. 1 1.2 This approval shall become null and void unless the use is established within twelve 12 rn o nths of the data of this E hibit. Time extensions may be granted if a written request and associated fee are received by the Community Development Department within thirty (30) days prior to expiration. (1) 13 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development-Department. (1) 1.4 Approval of CIDP 2019-09922 and DR 2019-00017 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement t Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a "Notice of Discretionary Permit Approval and Conditions of Approval"frm.The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. 1 1,5 As a condition of approval of CUP 2019-09022 and DR 2019-00017, the applicant and property owner 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, SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/s PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution olution I .4409 CUP 2019-00022 & DR 2019-0001 Page 2 s or proceeding brought by a third panty 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 ing body, including staff, concerning this project. The City agrees to promptly notify the applicant ander property owner of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City rnay, at its sole cost and exp ense, elect to parrticipate in the defense of any such action under this condition. (1) 1.6 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to TCC Section 11 62 a . 1 11 The applicant and/or property owner shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1,8 CUP 2019-00022 and DR 2019-00017 may be reviewed at any time y the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with CIDP 2019-00022 and DR 2019-00017, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke.the CLIP and DR. ARCHITECTURE URE AND DESIGN (1)p 2.1 All roof access shall be provided from the inside of the building. (4) (4) 2.2 No exterior downspouts shall be permitted. All roof drainage shall utilize interior piping and may'have exterior outlets into landscaped areas at the base of the building. Any roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. (4) 23 All exposed metal flashing or trim shall be painted to match the building. (4) 2,4 Bicycle lockers shall be located in areas net readily visible from public streets and away from main building entrances. Additional landscape screening may a required during plan check. { Exhibit Resolution No. 4403 CUP 2019,00022 & DR 2019-0001 Page (4) 2.5 The proposed trash enclosure shall be designed with a metal mesh screening, or similar barrier, between the trash enclosure wall/gate and trash enclosure cover in order to deter unauthorized dumping. (1) 2,6 Onsite lighting shall be designed to contain 'illumination onto the property and shall not spill out onto adjacent streets or properties. Final site and building lighting shall be reviewed for compliance with applicable regulations and approved at plan check. (1) All utilities shall be installed and maintained underground. USE RESTRICTIONS (1) 3.11 All activities shall be located within the enclosed wilding. 3.2 Business hours are limited to the following: • Monday through Thursday. 4:00 a.m. to 12:00 a.m. (midnight) • Friday: 4:00 a.m. to 10:00 p.m. • Sunday and Saturday: 7:00 a.m. to 8:00 p.m. Modifications tc the hours of operation may be approved by the Community evel pment Director if it is determined that no impacts to the surrounding tenants or properties will occur. 1 3.3 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 proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis, traffic study, or noise analysis and the applicant and/or property owner shall bear all associated costs. if said study indicates that there is inadequate parking or a traffic or noise problem, the applicant and/or property owner shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department and/or Public Works Department. Said mitigation may include, but are not limited to, the following: a. Establish alternative hours of operation. . Reduce the number of persons allowed in the facility at any given time. . Provide additional parking. d. Provide additional noise attenuation. (1) 14 Business operations shall be conducted in a manner than does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. Exhibit l e oldon No.4400 CUP 2019-00022 & DR 2019-00017 Page 4 (1) 3.5 Nooutdoor storage is permitted or display of materials shall b permitted except as allowed by the TCC. (1) 3.6 No change or alteration of the tenant space shall occur without prior approval of the Community Development Director. Major modifications to the floor area, services and/or operation of the business may require consideration of a new CUP by the Planning Commission. i 3.7 The area reserved for short--terror child care is considered an ancillary use and offered for the benefit of health club members only while the acerber is using the facility. Parents and/or guardians shall remain on the premises while their respective child or children are within the short-term child care area. PARKING 4.1 The applicant and property owner shall maintain the availability of 199 parking spaces required for the proposed health club, based on 29,834 square feet of gym fuer area and parking ratio of one 1 parking space per 15 square feet of floor area. The ancillary short- term child care use comprising of Egg square feet of floor area is excluded,from parking.calculation purposes. .2 The gross floor area of the proposed building is 30,524 square feet, inciuding the 690 square feet of short-term child care. In the event the proposed heath club facility ceases operation, subsequent parking requirement calculations shall be based on the 30,524 square feet of gross floor area of the building and TCC Section 9263. SIGNAGE (1) A site and building: signage shall comply with the applicable sign regulations including, but not limited to, sign area, location and type. Prior to installing business identification signs, the applicant shall submit sign plans to the Community Development Department for review and approval. LANDSCAPE HARDSCAPE (1)p .'1 Landscaping design shall comply with the TCC, Water Efficient (6) Landscape Ordinance and Pacific Center East specific Plan. (1), At plan check, the applicant shall provide complete detailed (6) landscaping and irrigation plans for all landscaping areas consistent Exhibit A Resolution olution I o. 4400 CUP 2019-00022 & DFS 2019-00017 Page with the adopted City of Tustin Landscaping requirements. The plans shall include the following.: a. Include a summary table identifying plant and hardscape materials. The plant table shall list botanical and common names, plant symbol legend, sizes, spacing, location, and quantity of the plant materials proposed. b. show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control o backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. c. shover all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. d. Trees located within the parking lot shall be a minimum 24-inch box sized trees. Trees in the landscape setbacks adjacent to public rights-of-gray shall be provided in a variety of sizes to ensure initial maturity along project perimeter. e. shrubs shall be a minimum of five gallon size and be placed a maximum of five feet on center. Other sizes and spacing may be permitted subje6t to approval of the Community Development Department. f. Ground cover shall be planted eight to twelve 12 inches on center, or as approved by the Community Development Department. g. Equipment areas shall be screened with walls, crines, and/or trees, subject to review and approval of the Community Development Department. J (6) 63 The Community Development. Department may request miner substitutions of plant materials or request additional sizing or quantity of materials during plan check. O , 6A The landscape plans shall note that coverage of landscaping and (6) irrigation materials is subject to inspection at project completion by the Community Development Department. (1), 6. All plant materials shall be installed in a healthy vigorous condition (6) typical to the species and shall be maintained in a neat and healthy Exhibit Resolution lution 1 .4466 UP 2019-06622 & DR 2019-00017' Page condition. Maintenance includes, but is not limited to, trimming, weeding, removal of lifter, fertilizing, regular cratering, and replacement of diseased or dead plants. (6) 5.5 Feet barriers shall be installed as needed in areas where trees are planted in close pririty to harsape ander structures. DISE (1) All activities, including enstru ti h-related noise activities, shall comply with the City's Noise Ordinance. (1) Construction vehicles/equipment engine idling time for all trucks shall be limited to five 5 minutes or less. (1). .3 Noise sources associated with construction, repair, remodeling, or grading of any real property must take place between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday and the hours of 9:00 a.m. and 5:99 p.m. on Saturdays, excluding City observed federal holidays. (1) Trucks,s, vehicles and equipment that are making or are involved with material deliveries, loading or transfer of materials, equipment service, maintenance of any devices or appurtenances to any construction project in the City shall not be operated on or adjacent to said Bites outside of the approved hours for construction activity. (1), .5 curing construction, the contractor shall ensure all construction equipment is equipped with appropriate noise attenuating devices and equipment shall be maintained so that vehicles and their loads are secured from rattling and banging. Idling equipment should be turned off when not in,use. (1) 7,6 The contractor shall locate staging area, generators and stationary construction equipment as far from the adjacent residential units and office buildings, as reasonably feasible. PLAIN SUBMITTAL, (1) 3.1 At the time of building permit application, the plains shall comply with the latest edition of the codes (Building Codes, Green Building Code , City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. M Exhibit Resolution No. 4400 CUP 2019-00022 &DR 2019-0001 Page (1) 8,2 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. SOLID WASTE AND RECYCLING (1) Construction and Demolition Waste Recycling and Reduction Plan (WRRP). The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (TCC Section 4351, et a[ to recycle at least sixty-five percent of the project waste material or the mount required by the California Green Building Standards Code. a. The applicant will be required to submit a fifty-dollar($50.00) application fee and a cash security deposit. Based on the review of the submitted Waste Manag m nt.Plan, the cash security deposit in the amount of fire 5 percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount will b collected in accordance with the TCC. . Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". (1) 1 Facility solid Waste Collection and Recycling Plan. a. The applicant, property owner, and/or tenants are required to participate in the City's recycling program. b. Waste and Recycling collection facilities shall be equally and readily accessible by the property owners or tenants . . Waste and Recycling collection facilities 'must be placed in a location that can be easily and safely accessed by the solid waste hauler while utilizing either front loader or side loading equipment. d. Adequate collection capacity shall be provided to ensure that collection frequency shatI not exceed four times per week for commercial customers. Exhibit A Resolution No. 4400 BJP 2019-00022& DR 201 9-0001 7 Page e. All trash enclosures shall be designed with a roof and be able to accommodate at least two 2 4-yard bins, with at least one (1) bin reserved for recyclable materials. Space for a container for organics. is also required as described in subsection "f' below. f. All developer eats are required to provide space for the collection of organic materials. Organics are collected in 3 - gallon and -gallon wheeled carts, and 2-yard bins. The size of the organics container will be dependent upon the use and size of the building. Organics can be collected sir (6) dams per week to minimize the space required for a container. WATER QUALITY MANAGEMENT PLAN (WQMP) (1) 10.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Mater Quality Control Board rules and regulations. (1) 10,2 Prior to submittal of a Final WQMP, the applicant shall submit a deposit of two thousand seven hundred dollars ($2,700.00) to the Public Works Department for the estimated cost of reviewing the WQMP. Prior to issuance of any permits, the applicant shall submit for approval by the Community D eloprnent and Public Works Departments, a Final WQMP. If the WQMP has been determined to be a Priority WQMP, it shall identify Low Impact Development (LID) principles and Best Management Practices MPs that will be usedon-site to retain storm water and treat predictable pollutant run-off. The Priority WQMP shall identify: the implementation of BMPs, the assignment of long-terra maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural DIVIPs. (1) 10,3 Prig to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding 0 & M Plan to Fuad and Maintain Water Qualily PI IPs Consent to Inset and Indemnification" with the County Clerk-Recorder. This document shall bind current and future ner s of the property regarding implementation and maintenance of the structural and non- structural BMPs as specified in the approved WQMP. Exhibit A 1 esoldon No. 4400 UP 2019-00022 & DR 2019-00017 Page 9 STREET IMPROVEMENTS 'I 11.1 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy. ORANGE COUNTY FIRE AUTHORITY OCFA (5) 12.1I Prior to OCFA clearance of a final map or issuance of a precise grading permit or a building permit, if a grading permit is not t required, the applicant shall submit a Fire ,vaster plan (PR145) for review and approval. (5) 112 Prior to issuance of a precise grading permit or a building permit, if a grading permit is not required, the applicant shall submit for review and approval the following: . Underground piping for private hydrants and fire sprinkler systems servibe code PF 4 o-P> 4 — if relocating fire riser. b. Architectural (service code P oo-PR212). F . Storage of flammable/combustible fuel (PR300) — Generator fuel tangy , if over 60 gallons. (5) 12,3 Prior to concealing interior construction, the applicant shall submit for review and approval the following: a. Fire alarm system (service code PF oo-P 3o b. Fire sprinkler system (service code P1 41 o-PI 440 (5) 114 Specific submittal requirements may vary from those listed above depending on actual project conditions identified or-present during design development, review, construction, inspection, or occupancy. Portions of the project that are deferred shall be subject to the codes, standards, and other applicable requirements on the dame that the deferred plan is submitted to OCFA. Standard notes, guidelines, informational bulletins, submittal instructions, and other information related to plans reviewed by the OCFA may be found by visiting ofa.org and clicking on "Business Planning Development Services" in the menu bar at the top of the screen. (5) 12,5 Temporary/Final Occupancy Inspections: Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy , Exhibit Resolution N . 4400 CUP 2019-00022& DR 2019-00017 Page 10 (temporary or final) requested. Inspections shall be scheduled at least fire 6 days in advance by calling OCFA Inspection scheduling 'at (714) 573-6150. (5) 116 Lumber-drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building r terials. on-site. Call OCFA Inspection scheduling at (71 4) 573-6150 with the Service Request number of the approved fire master plan at least fire 6 days in advance to schedule the lumber drop inspection. FEES (1) 13.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building and Planning plan check and permit fees • OCFA permit fees (1) 13.2 Within forty-eight 48 hours of approval of the subject project, the applicant shall deliver to the Community Development Department, cashier's check payable to the COUNTY CLERK in the amount f fifty dollars ($50.00) 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 Iimitati n for any interested party to challenge the environmental ental determination under the provisions of the California Environmental Quality Act could be;significantly lengthened.