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HomeMy WebLinkAbout03 PC REPORT CUP 2024-0020 FENCING ACADEMY AGENDA REPORT ITEM 93 . ar MEETING DATE: JANUARY 28, 2025 TO: PLANNING COMMISSION FROM: JUSTINA L. WILLKOM, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONDITIONAL USE PERMIT (CUP) 2024-0020 APPLICANT: PROPERTY OWNER: NIKOLAY KOVALEV NIAN XIN GUO WEST COAST FENCING ACADEMY ZHONGTANG INVESTMENT LLC 52 E. LIVE OAK AVENUE 53 PERA ARCADIA, CA 91006 LAKE FOREST, CA 92630 LOCATION: 14701 MYFORD ROAD, UNIT C GENERAL PLAN: PCCB - PLANNED COMMUNITY COMMERCIAL/BUSINESS ZONING: PLANNED COMMUNITY INDUSTRIAL (IRVINE INDUSTRIAL COMPLEX) ENVIRONMENTAL THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO REVIEW: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15301 (CLASS 1 — EXISTING FACILITIES). REQUEST: TO ESTABLISH A PRIVATE INDOOR RECREATIONAL FACILITY (FENCING ACADEMY) RECOMMENDATION: That the Planning Commission adopt Resolution No. 4516 approving CUP 2024-0020 to establish a private indoor recreational facility (fencing academy)at 14701 Myford Road, Unit C. APPROVAL AUTHORITY: The project site is zoned Planned Community Industrial (PC-IND) zoning district and is regulated by the Irvine Industrial Complex Regulations (IICR). IICR Section VI allows private indoor recreational facilities as conditionally permitted uses. Tustin City Code (TCC) Section 9291 grants the Planning Commission the authority to review and act on CUP applications for indoor recreational uses. Planning Commission January 28, 2025 CUP 2024-0020 Page 2 BACKGROUND & DISCUSSION Site Location The project site is located within the PC-IND zoning district. The surrounding area is developed and occupied with industrial uses, and there are no residential uses nearby. Properties to the east, across Myford Road, are located in the City of Irvine and zoned General Industrial (Figure 1). The applicant's proposed tenant space is located within a multi-tenant industrial center, and is currently vacant, but was previously occupied for industrial use. Only interior improvements are proposed as part of this project. Figure 2 depicts the general location for the proposed use within the center. Figure 1 Project Location, Aerial View . a p RROJECT SITE. 147D1 ` MYFaRD ROAD,UNIT C y s_ 'f y r.. s' c e s i I nH; r' Planning Commission January 28, 2025 CUP 2024-0020 Page 3 Figure 2 Project Tenant Space within Complex Ce 044 j...- "r y aT 0 w w 4 -- EM"MG 94TE PL W acw-E T.wv Project Description The applicant proposes to establish a private indoor recreational facility (fencing academy) within a 3,746-square-foot tenant space. The facility will principally contain a large room where fencing instructions will occur. The instruction and preparation areas total approximately 2,190 square feet in size. The remainder of the floor plan contains an entry/display area, a waiting area, office, ADA accessible restrooms and storage (Figure 3). The facility will host group classes in four categories (Beginner, Elite Youth, Intermediate, and Advanced); and provide private lessons, primarily aimed at competitive and recreational students. (Attachment D). Planning Commission January 28, 2025 CUP 2024-0020 Page 4 Figure 3 Proposed Floor Plan Fencing Area Restrooms Storage C General Business Area n �f l4�IT.7:'f t Aff'r i 1 At maximum capacity, the business anticipates the following number of people: Maximum Occupancy Description 29 Total Beginner Class — 6 students Students Elite Youth Class — 8 students Intermediate Class — 7 students Advance Class — 8 students Employees 2 Instructors Each class will have 4-8 students at a time. Private lessons are 1 student to 1 coach. Total 31 Persons @ Maximum Occupancy Operation of Fencing Academy The fencing academy operates Monday through Saturday, offering group classes and private lessons for students of all ages and skill levels. Students check in at the reception area, store their equipment, and prepare for class in the designated areas. Instruction takes place in the proposed fencing area and parents may wait in the Planning Commission January 28, 2025 CUP 2024-0020 Page 5 waiting area. The fencing academy serves 29 students, with two instructors, providing 11 weekly group sessions (four to eight students per session) across four skill levels, along with private 20-minute one-on-one lessons using saber equipment. No room or area within the business shall be used or rented for purposes other than for the fencing academy, including tournaments and special events. Any changes shall be reviewed and approved by the Community Development Director (COA 2.1) The applicant proposes the following hours of business operation: TABLE Operation Day Hours Monday to Friday 2 p.m. to 9 p.m. Saturday 8 a.m. to 4 p.m. Sunday Closed Noise As conditioned, the use would be required to comply with the City's Noise Ordinance (TCC Article 4, Chapter 6) for both interior and exterior noise levels (COA 2.5). Therefore, noise impacts are not anticipated. Parking Pursuant to TCC 9263, the fencing academy, classified under "studios for dance, art, martial arts, one-on-one fitness, and tutoring", requires one space per instructor, and one space per three students, resulting in a total of 12 required spaces for the proposed maximum occupancy of 2 instructors and 29 students. The center has a total of 412 parking spaces to accommodate various uses on site. State law limits the City's ability to impose parking requirements for projects within one-half mile of a major transit stop (Assembly Bill 2097 - Government Code Sec. 65863.2(b) effective in September 2022). As shown in Figure 4, the project site is within one-half mile of the Tustin Metrolink Station, which is considered a major transit stop under state law; therefore, no minimum parking is required. Staff does not anticipate any parking problem in this case, since the center, as a whole, has been shown to be adequately parked with 412 spaces available. Planning Commission January 28, 2025 CUP 2024-0020 Page 6 Figure 4 AB 2097 Radius Map r ROJD(:SITE . x TUSTIN METROLINK '' STATION s. ..3 � 77•,,S - "uy f I✓f r _r j ✓+' P c — i Environmental Review The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 (Class 1 — Existing Facilities) in that the project site is an existing facility and involves minor alterations to the interior of the building and negligible expansion to an existing commercial use. Planning Commission January 28, 2025 CUP 2024-0020 Page 7 CONCLUSION Based on the findings provided, staff recommends that the Planning Commission adopt Resolution No. 4516 approving CUP 2024-0020, authorizing the establishment of a private indoor recreational facility (fencing academy) at 14701 Myford Road, Unit C. Prepared by: Kathy Tran, Assistant Planner Approved by: Raymond Bk a an, incipal Planner Jay Ea ICP Assistant Director- Planning -at& �Rj� Ju i a L. Willkom, Community Development Director Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans and Parking Summary D. Business Plan E. Resolution No. 4516 a. Exhibit A - Conditions of Approval t , c • r � , C' Y O 9 . ............ r 3. +4" All 021 r '11111 Ir Tfl"7WM WER in 1 f�d ' . d 'l n .L YJry , p 9 1.44 ■ s T • Fi,• 1.• r•:„ ya°,arcs Yam`; ��� _ o+ i �. - , �r , ATTACHMENT B LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2024-0020 2. ADDRESS: 14701 MYFORD ROAD, UNIT C 3. APN(S): 432-503-13 4. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: NO PRIOR ENTITLEMENTS 5. SURROUNDING LAND USES: NORTH: INDUSTRIAL/COMMERCIAL (IRVINE INDUSTRIAL COMPLEX) EAST: CITY OF IRVINE SOUTH: INDUSTRIAL/COMMERCIAL (IRVINE INDUSTRIAL COMPLEX) WEST: INDUSTRIAL/COMMERCIAL (IRVINE INDUSTRIAL COMPLEX) 6. SURROUNDING ZONING DESIGNATION: NORTH: PC IND-PLANNED COMMUNITY INDUSTRIAL EAST: CITY OF IRVINE SOUTH: PC IND-PLANNED COMMUNITY INDUSTRIAL WEST: PC IND-PLANNED COMMUNITY INDUSTRIAL 7. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PCCB-PLANNED COMMUNITY COMMERCIAL/BUSINESS EAST: CITY OF IRVINE SOUTH: PCCB-PLANNED COMMUNITY COMMERCIAL/BUSINESS WEST: PCCB-PLANNED COMMUNITY COMMERCIAL/BUSINESS 8. SITE LAND USE: A. EXISTING: VACANT (PREVIOUSLY INDUSTRIAL) B. PROPOSED: PRIVATE INDOOR RECREATIONAL FACILITY C. GENERAL PLAN: PCCB-PLANNED COMMUNITY COMMERCIAL/BUSINESS (NO CHANGE) D. ZONING: PC IND-PLANNED COMMUNITY INDUSTRIAL (IRVINE INDUSTRIAL COMPLEX) (NO CHANGE) ATTACHMENT B DEVELOPMENT FACTS: 9. LOT AREA: 7.20 ACRES. 10. BUILDING AREA: APPROX. 3,746 SF TENANT SPACE 11. PARKING: PER PARKING SUMMARY DATED NOVEMBER 15, 2024 REQUIRED: 12 PARKING SPACES PROPOSED: 412 PARKING SPACES 12. TENANT IMPROVEMENTS: INTERIOR TENANT IMPROVEMENTS 13: SIGNAGE: SUBJECT TO THE TUSTIN CITY CODE (TCC) PFOP05� P ft5f COA5T FENCING ACAPM �OCAT�PAf! i4701MYFOFt9Ft94CTU5rKCA, i gAR '10 EXISTING BUILDING 14701 MYFORD RD FRONT ELEVATION EXISTING UNIT"C"FRONT ELEVATION IRVINE INDUSTRIAL COMPLEX OExxxxxEs IIIIIIE IA I-1 T—II, A PPIIC..T:m—AFE"I" ENTER,NI AILI—Ell 1-1—C—TI..ITI-11-11 11TI 11111 FT lEI L' �T Nii ur 38 Q9 PROJECTINFORMATION C...T1... SCOPE OF WORK (E)311-1— < zo 111 �Z5 > In ci 'o 0 0 I z LI IG IIALE VICINITY MAP -Al SUBJECT UNIT SITE PLAN —LE 1 11 1EXISTING SITE PLAN s _ \J i g AR 6p o6� 1-P AB 2097,Friedman.Residential,commercial,or other o. development types:parking requirements: This bill would prohibit a public agency from imposing any I.N�1.1'1�111 minimum automobile parking requirement on any ins residential,commercial,or other development project,as xronr0000uuv defined,that is located within 1/2 mile ofipublic transit lH5fFUCfIOHA-AREA 2,190 50 f 0 tt O PARK IRVINE TENANT LIST ASSEMBLY BILL 2097 -w 0 O PUAPA10H AFfA EQUIFWHf 5fOFA6F (E)VA fO1[Ef 17)MEDIA z 0 m mfFy u)* 0E icE ez Pff X >w �AY �A WAfH6 WEA F�Wfom w.E w Co 0 AFfA pyU 0 Lr A2 1/2 MILE RADIUS MASS TRANSIT MAPSCALE 1-111 FLOOR PLAN —LE 111-1 1 BUSINESS LETTER OF OPERATIONS ATTACHMENT D CONDITIONAL USE PERMIT 14701 MYFORD RD#C,TUSTIN, CA 92780 a. Hours of Operations: Mon—Fri 4 pm—9 pm Sat 8 am —4 pm Sun Closed b. Number of Students: The total number of students is 29. Each class will have 4-8 students at a time. c. Number of Instructors: 2 d. How Many Sessions There Are: Please see below classes schedule and range of students' age: Beginner class Mon/Wed/ Fri 4pm —5pm 7—9 years old 6 students Elite Youth class Tue/Thu 5-6:20pm, Sat 9-10:20am 10—12 years old 8 students Intermediate class Mon/Fri 7-8pm 15 years and older 7 students Advance class Tue/Thu 7-9pm, Sat 11am-1pm 13—18 years old 8 students The total amount of group sessions—11. e. How Long Each Class Is: Each class is 1 hour-2 hours long f. How Many Classes Are Offered 4 different classes are offered. Beginners, Elite Youth, Intermediate,Advance. g_ What Weapons Will Be Used Saber h. Etc We also provide private lessons in the sport of saber fencing for competitive and recreational students. Private lessons are 1 on 1 with a coach. Duration is 20 minutes of each session. The time for this service is between regular group classes. Our Academy doesn't host any competitions, tournaments, or special events. We only teach group classes and give individual lessons to kids. Mon—Fri 4—6 per day Sat 8—10 per day Entry and Display Area -front entrance, board with announcements, display with photos of students who achieved results Reception Area - deck to check in Waiting Area -space where parents will pick up their kids Preparation Area - Space to store the fencing equipment (bags) and get ready for the class ATTACHMENT E RESOLUTION NO. 4516 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OFTUSTIN, APPROVING CONDITIONAL USE PERMIT 2024-0020 AUTHORIZING THE ESTABLISHMENT OF A PRIVATE INDOOR RECREATIONAL FACILITY (FENCING ACADEMY) AT 14701 MYFORD RD, UNIT C 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) 2024- 0020 was filed by Nikolay Kovalev on behalf of West Coast Fencing Academy, requesting authorization to establish a private indoor recreational facility (fencing academy) at 14701 Myford Rd, Unit C. B. That the subject property is located within the Irvine Industrial Complex Planned Community (PC-IND) zoning district and has a General Plan land use designation of Planned Community Commercial/Business. C. That pursuant to Section VI of the Irvine Industrial Complex Planned Community Regulations, a CUP is required prior to establishment of a private indoor recreational facility (fencing academy). Tustin City Code (TCC) Section 9291 grants the Planning Commission the authority to consider and act on requests for a CUP. D. That a public hearing was duly called, noticed, and held for CUP 2024-0020 on January 28, 2025, by the Planning Commission. E. That in determining whether to approve the CUP, the Planning Commission finds that the establishment, maintenance, and operation of the proposed uses 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: RESOLUTION NO. 4516 CUP 2024-0020 1. The PC-IND allows for a variety of general industry, business and professional offices, and commercial activities. Private indoor recreational facilities are allowed in the PC-IND with a CUP. 2. The proposed private indoor recreational facility (fencing academy) is located within a multi-tenant industrial center where a variety of Light industrial and commercial uses are located. As conditioned, the characteristics of the proposed use and hours of operation would be similar to other establishments in the industrial center and the City. 3. Pursuant to TCC 9263, the parking requirement for "studios for dance, art, martial arts, one-on-one fitness, and tutoring" is one space per instructor and one space per three students. For two instructors and 29 students, 12 spaces are required. However, staff analysis concluded that the project is eligible for AB 2097 because the project location is within one-half mile of the Tustin Metro Link Station. Therefore, no minimum parking requirements apply. F. That 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. G. This project is Categorically Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (Class 1 — Existing Facilities), as established by California Code of Regulations Sections 21083 and 21084. II. The Planning Commission hereby approves CUP 2024-0020 authorizing the establishment of an indoor recreation facility (fencing academy) at 14701 Myford Rd, Unit C, subject to the conditions contained within Exhibit A attached hereto. RESOLUTION NO. 4516 CUP 2024-0020 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 28t" day of January, 2025. ERIC HIGUCHI Chairperson JUSTINA L. WILLKOM Planning Commission Secretary APPROVED AS TO FORM: MICHAEL DAUDT Assistant City Attorney EXHIBIT A CONDITIONAL USE PERMIT 2024-0020 CONDITIONS OF APPROVAL 14701 MYFORD ROAD, UNIT C GENERAL (1) 1.1 The proposed use shall substantially conform to the project description and submitted plans for the project date stamped January 28, 2025, on file with the Community Development Department, except as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve minor modifications 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) months of the date of this Exhibit. 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) 1.3 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 Conditional Use Permit (CUP) 2024-0020 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 "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Community Development Director, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any transfer of ownership of the establishment and/or operator shall require the new owner and/or operator to sign and return an "Agreement to Conditions Imposed"form provided by the Community Development. Failure to do so would be a basis for revocation proceeding. (1) 1.6 As a condition of approval of CUP 2024-0020, 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, or proceeding brought by a third party against the City, its SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A—Conditions of Approval CUP 2024-0020 December 11, 2024 Page 2 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 and/or 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 may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.7 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.8 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) 1.9 CUP 2024-0020 may be reviewed at any time by 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 CUP 2024-0020 or is found to be a nuisance or negative impacts are affecting the surrounding tenants or area, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. (1) 1.10 If, in the future, the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant 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 measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a) Establish alternative hours of operation, b) Reduce client enrollment, c) Provide additional parking, or d) Provide noise attenuation improvements. USE RESTRICTIONS (1) 2.1 This approval authorizes a private indoor recreational facility (Fencing Academy). No room or area within the business shall be used or rented for purposes other than for the fencing club, including tournaments and special events. Any changes shall be reviewed and approved by the Community Development Director. Exhibit A—Conditions of Approval CUP 2024-0020 December 11, 2024 Page 3 (1) 2.2 Hours of operation shall be as follows unless otherwise modified with the approval of the Community Development Director. Hours of • . ­. " Day Hours Monday to Friday 2 p.m. to 9 p.m. Saturday 8 a.m. to 4 p.m. Sunday Closed (1) 2.3 The tenant space shall be limited to 31 , inclusive of up to 29 students, and 2 employees at any given time based on the operations letter provided. Should additional capacity be proposed, the applicant shall submit an updated operations letter to the Community Development Department for review and approval prior to the commencement of the modified operation. (1) 2.4 Any modifications to the approved operations or floor plan are subject to review and approval by the Community Development Director, or their designee, prior to implementation. Major modifications to either may require requesting approval of a new CUP as determined by staff. (1) 2.5 The tenant space shall maintain volume at appropriate levels such as to comply with the City's Noise Ordinance standards for both interior and exterior noise levels. Doors to the business shall remain closed at all times during operational hours. (1) 2.6 Classes shall be staggered to avoid lines and the business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. (1) 2.7 Business operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (1) 2.8 There shall be no window coverings or advertisements that reduce the visibility inside of the business. (1) 2.9 Any graffiti painted or marked upon the premises, or any adjacent area under control of the property owner or the business, shall be removed or painted within twenty-four (24) hours of being applied. (1) 2.10 All litter shall be removed from the exterior areas around the premises, including public sidewalk areas and parking areas, no less frequently than once each day that the business is open. Exhibit A—Conditions of Approval CUP 2024-0020 December 11, 2024 Page 4 SIGNAGE (1) 3.1 The applicant shall obtain a sign permit from the Building Division prior to installing proposed signage. Signage shall comply with TCC 9403. BUILDING DEPARTMENT (2) 4.1 Applicant shall apply for a tenant improvement permit and have the plans approved through plan check. PUBLIC WORKS DEPARTMENT (3) 5.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. 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 (City Code Section 4351 , et al) to recycle at least 65% of the project waste material or the amount required by the California Green Building Standards Code. b. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount will be collected in accordance with the Tustin City Code. c. Prior to issuance of a 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" FEES (4) 6.1 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 ORANGE COUNTY CLERK-RECORDER in the amount of 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 of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.