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HomeMy WebLinkAboutPC RES 4516Docusign Envelope ID: 8FCCA46C-B2BA-4A93-9A07-5A875199E974 RESOLUTION NO. 4516 A RESOLUTION OFTHE PLANNING COMMISSION OFTHE 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 pursuantto 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: Docusign Envelope ID: 8FCCA46C-B2BA-4A93-9A07-5A875199E974 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 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. Docusign Envelope ID: 8FCCA46C-B2BA-4A93-9A07-5A875199E974 RESOLUTION NO. 4516 CUP 2024-0020 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 281" day of January, 2025. Signed by: t�i,wL D148F2601EF34A4... ERIC HIGUCHI Chairperson Signed by: ED45DA2623854A5... JUSTINA L. WILLKOM Planning Commission Secretary APPROVED AS TO FORM: Signed by: 343ADCC695E946B... MICHAEL DAUDT Assistant City Attorney Docusign Envelope ID: 8FCCA46C-B2BA-4A93-9A07-5A875199E974 GENERAL EXHIBIT A CONDITIONAL USE PERMIT 2024-0020 CONDITIONS OF APPROVAL 14701 MYFORD ROAD, UNIT C 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 Docusign Envelope ID: 8FCCA46C-B2BA-4A93-9A07-5A875199E974 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. Docusign Envelope ID: 8FCCA46C-B2BA-4A93-9A07-5A875199E974 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 Operation', 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. Docusign Envelope ID: 8FCCA46C-B2BA-4A93-9A07-5A875199E974 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.