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Home My WebLink About02 CUP 06-023 Report to the Planning Commission DATE: FEBRUARY 12, 2007 ITEM #2 -tv " ..~.. SUBJECT: CONDITIONAL USE PERMIT 06-023 APPLICANT: KRISTINA MASSARO STARTING LINE 544 EL CAMINO REAL TUSTIN, CA 92780 PROPERTY SPENCER GILBREATH OWNER: GILBREATH FAMILY ENTERPRISES 520 EL CAMINO REAL TUSTIN, CA 92780 LOCATION: 544 EL CAMINO REAL (ASSESSOR PARCEL NUMBER 401-622-14) ZONING: CENTRAL COMMERCIAL WITH COMBINING PARKING OVERLAY (C-2P) ENVIRONMENTAL THIS PROJECT IS CATEGORICALLY EXEMPT STATUS: PURSUANT TO SECTION 15301 (CLASS 01) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: A REQUEST TO OPERATE AN INDOOR, ONE-ON-ONE PERSONAL FITNESS FACILITY WITH PRIVATE SESSIONS FOR UP TO THREE (3) CLIENTS AND THREE (3) INSTRUCTORS WITHIN AN EXISTING APPROXIMATELY 1,200 SQUARE FOOT TENANT SPACE AT 544 EL CAMINO REAL. RECOMMENDATION That the Planning Commission adopt Resolution No. 4050 approving Conditional Use Permit 06-023 to authorize the establishment of an indoor, one-on-one fitness training facility at 544 EI Camino Real. BACKGROUND On July 6, 2004, the applicant submitted applications for Use Determination 04- 002, Conditional Use Permit 04-019, and Design Review 04-018 to request PLANNING COMMISSION REPORT CUP 06-023 FEBRUARY 12, 2007 Page 2 approval to construct a new building and establish the fitness facility at 155 W. First Street. The applicant has occupied the project site at 544 EI Camino Real since January 2005 as a temporary location while she pursued the above- mentioned projects. On June 27, 2005, the Planning Commission adopted Resolution Nos. 3977 and 3978 approving Use Determination 04-002, Conditional Use Permit 04-019, and Design Review 04-018, which granted the applicant authorization to construct a new building and establish the fitness facility at 155 W. First Street. On October 26, 2006, the applicant informed the City that she would not pursue the project at 155 W. First Street (Attachment D - Letter of Withdrawal) but instead would submit a Conditional Use Permit application for her current location at the Jamestown Village shopping center. On December 18, 2006, the applicant submitted a Conditional Use Permit application requesting to establish an indoor, one-on-one fitness training facility at 544 EI Camino Real. DISCUSSION Site and Surrounding Properties The site is located in the Central Commercial with Combining Parking Overlay (C-2P) District, the Cultural Resources Overlay District, and the Town Center Redevelopment Project Area. Pursuant to Planning Commission Resolution No. 1815, adopted by the Planning Commission on May 21,1979, health clubs are conditionally permitted in the Central Commercial (C-2) District. The site is located south of Main Street and north of Sixth Street and bounded by commercial properties to the north, south, and east. Multifamily Residential District properties are located to the west, across "C" Street (Attachment A - Location Map). Access to the site is currently provided from two existing driveways on EI Camino Real and two existing driveways on "C" Street. Proposal The applicant is requesting to establish an indoor, one-on-one fitness training facility for up to three (3) clients and three (3) instructors within an existing approximately 1 ,200 square foot space at 544 EI Camino Real in the Jamestown Village shopping center. No interior or exterior modifications to the structure are proposed. The proposed use is a small personal fitness training business that offers one- on-one personal sessions by appointment only. The applicant is proposing PLANNING COMMISSION REPORT CUP 06-023 FEBRUARY 12, 2007 Page 3 operating hours generally from 6:00 AM to 9:00 PM Monday through Friday, 8:00 AM to 2:00 PM on Saturday, and closed on Sunday. The proposed business operation and hours are consistent with the surrounding business and do not pose a threat to the health, safety, morals, comfort and general welfare of persons residing or working in the neighborhood of the project site. Parking and Traffic The parking ratio for instructional and motivational uses is one (1) space for every two (2) clients and one (1) space for each instructor. The proposed use would require a total of five (5) parking spaces. Based on the commercial retail parking ratio of 1 :200 square feet, a total of six (6) off-street parking spaces are allocated to the tenant suite. Therefore, there is sufficient parking provided for the proposed use. The Traffic Engineering Division has reviewed the proposed business and has concluded that there will be no adverse traffic impacts, and there is sufficient street capacity to support the proposed project. ANALYSIS In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed use will be detrimental to health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: 1) Pursuant to Resolution No. 1815 adopted by the Planning Commission on May 21, 1979, health clubs are conditionally permitted in the commercial zones. The proposed use is a similar establishment as a health club business and can be authorized within the project site's C-2P Zone, with a conditional use permit. 2) 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 existing building and site and, as conditioned, would be compatible with other uses within the immediate surroundings. In addition, no exterior or interior modifications are proposed to the project site. PLANNING COMMISSION REPORT CUP 06-023 FEBRUARY 12, 2007 Page 4 3) The proposed use is not anticipated to result in parking impacts since the applicant has indicated that the maximum occupancy of the facility would be three (3) clients and three (3) instructors. Based on the parking ratio for instructional and motivational uses, the project requires a total of five (5) parking spaces. The tenant suite is allocated six (6) parking spaces; therefore, the site has an adequate number of parking spaces to accommodate the proposed use. 4) As conditioned, the proposed use would not create a noise impact on the surrounding neighborhood since the fitness classes would be limited to indoor only and the applicant would be required to comply with the Tustin Noise Ordinance at all times. 5) The proposed use will not be detrimental to the surrounding properties in that the hours of operation of the classes would be from 6:00 AM to 9:00 PM Monday to Friday, and 8:00 AM to 2:00 PM on Saturday, which is consistent with the general business hours of other businesses within the surrounding vicinity. 6) The Traffic Engineering Division has reviewed the proposed business and has concluded that there will be no adverse traffic impacts, and there is sufficient street capacity to support the proposed project. ~~~-!/~ E ely" e V. Hutter Assistant Planner ~~ ~~/ Elizabeth A. Binsack Community Development Director Attachments: A. Location Map B. Submitted Plans C. Resolution No. 4050 D. Letter of Withdrawal dated October 26, 2006 S:ICddIPCREPORT\2007ICUP 06-023 PC Report.doc ATTACHMENT A LOCATION MAP ffi NV ~'...< . ! - : 420 "".10-.:10- -"'- .~ .~ = ~. ,'. '" " ii:4,; ,~ ~ ,,' ,~ \ :;i4 = ,~ ,~ ,~ ," ~ " ,~ ~ '" 'm .,m .m .~ .., - ." ." .~ '-" '::~ .~ \ '\ " .. II lEGEND ."._... ",g"Nr.JjV,O,,,,g - G1J.,....ql')l>~~' CUP 06-023: 544 EI Camino Real ATTACHMENT B SUBMITTED PLANS - .. 0 . - 0- .. .. .. '" .. ... ~ .2iOl - M/\ ~ . g . jc,,1 - .., '" - / MfWiA/I"/ \ ~ 'IS! ~ If< fS' -- - '/I ~ (/N<~&,A,(!i \ .....;,.. w CI <( oJ .J - > 3S"b1 2 ~ i i i 0 I I- '! i OJ , w ~ c( ~ leaH OU!weO 13 ~~!i :&2:0-90 dnO ... 7 "~IJ DNIWtl3 U N ......."_._.w____ AS r~J~vdDl~,\30 AUNnWWo:J 8JOl 8 t 33a o O:J/\I3J3H - . . - on ... ('oj .0 .. 0 ... .. t -I - I . '" ... 1 . ... ..... .. ;. ~) E grr. .. .0 on ... , on .., L__ . - . I .0 .... '" o ... .0 - ~G ., on '" - - '" ... ..... o on on - o - on - .0 . on . ., '" lED DeL. I H 2IDi COMMUNllY DEVELOPMENT BY r---------l ":'--'-"-/// /l~(:~ sA / x /"'~ ' I k ~ ------< f//X 5 ?'z, / /:/ .V ~-I__- L --l I I / ..n !~ i ~ /-- - , -r J , "'-~, >'~"-7":/..;7 / c}/,//.-.,-- /0')(/0/ ~ ----=r --~ ~-- // C :4, '~/I ,Jrll -- ?' -- .; '" s ~~ E/, 1"&~/hc.J 1~/l-0 /(/ST/If/, r~ 'l::7['J CUP 06-023: 544 EI Camino Real ATTACHMENT C PLANNING COMMISSION RESOLUTION NO. 4050 RESOLUTION NO. 4050 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 06-023 AUTHORIZING THE ESTABLISHMENT OF AN INDOOR, ONE-ON-ONE FITNESS TRAINING FACILITY FOR UP TO THREE (3) CLIENTS AND THREE (3) INSTRUCTORS WITHIN AN EXISTING APPROXIMATELY 1,200 SQUARE FOOT TENANT SPACE AT 544 EL CAMINO REAL. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application, Conditional Use Permit 06-023, was submitted by Kristina Massaro (Starting Line), requesting authorization to establish an indoor, one-on-one fitness training facility with a maximum of three (3) clients and three (3) instructors within an existing approximately 1,200 square foot space located at 544 EI Camino Real within the Central Commercial with Combining Parking Overlay (C-2P) Zoning District, the Old Town Commercial General Plan land use designation, and the Town Center Redevelopment Project; B. The General Plan Old Town Commercial land use designation provides for service-oriented uses, including health clubs. 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 said application on February 12, 2007, by the Planning Commission; D. The establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case be detrimental to 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, or to the general welfare of the City of Tustin in that: 1) Pursuant to Resolution No. 1815 adopted by the Planning Commission on May 21, 1979, health clubs are conditionally permitted in the cOmmercial zones. The proposed use is a similar establishment as a health club business and can be Resolution No. 4050 Page 2 authorized within the C-2P Zone, with a conditional use permit. 2) The proposed 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 existing building and site and, as conditioned, would be compatible with other uses within the immediate surroundings. In addition, no exterior or interior modifications are proposed to the project site. 3) The proposed use is not anticipated to result in parking impacts since the applicant has indicated that the maximum occupancy of the facility would be three (3) clients and three (3) instructors. Based on the parking ratio for instructional and motivational uses, the project requires a total of five (5) parking spaces. The tenant suite is allocated six (6) parking spaces; therefore, the site has an adequate number of parking spaces to accommodate the proposed use. 4) As conditioned, the proposed use would not create a noise impact on the surrounding neighborhood since the fitness classes would be limited to indoor only and the applicant would be required to comply with the Tustin Noise Ordinance. 5) The proposed use will not be detrimental to the surrounding properties in that the hours of operation of the classes would be from 6:00 AM to 9:00 PM Monday to Friday, and 8:00 AM to 2:00 PM on Saturday, which is consistent with the general business hours of other businesses within the surrounding vicinity. 6) The Traffic Engineering Division has reviewed the proposed business and has concluded that there will be no adverse traffic impacts, and there is sufficient street capacity to support the proposed project. 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. 4050 Page 3 II. The Planning Commission hereby approves Conditional Use Permit 06- 023 authorizing the establishment of an indoor, one-an-one fitness training facility with a maximum of three (3) clients and three (3) instructors within an existing approximately 1,200 square foot tenant space located at 544 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 12th day of February, 2007. BRETT FLOYD 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 the Resolution No. 4050 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of February, 2007. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 (1 ) 1.4 (1 ) 1.5 EXHIBIT A RESOLUTION NO. 4050 CONDITIONAL USE PERMIT 06-023 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the Tustin City Code and be consistent with submitted plans for the project date stamped February 12, 2007, 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. All conditions in this Exhibit shall be complied with as specified or prior to the start of classes, subject to review and approval by the Community Development Director. This approval shall become null and void if the conditions of approval for the proposed use are not complied with 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. Approval of Conditional Use Permit 06-023 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. As a condition of approval of Conditional Use Permit 06-023, the applicant shall agree at is 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 SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY ... EXCEPTION Exhibit A Resolution No. 4050 CUP 06-023 Page 2 (1) 1.6 (***) 1.7 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 this sole cost and expense, elect to participate in defense of any such actions under this condition. 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 Ordinance. Conditional Use Permit 06-023 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. USE RESTRICTIONS (***) 2.1 (1) 2.2 (***) 2.3 (1) 2.4 The maximum number of clients and instructors within the facility at any given time shall be three (3) clients and three (3) instructors based upon the maximum occupancy indicated by the applicant. Any increase in the number of instructors or clients shall be reviewed and approved by the Community Development Director. Maximum occupant load permitted by CUP 06-023 shall be posted on the wall by the exit door in a conspicuous location. Hours of operation of the indoor, one-on-one fitness training business (Starting Line) shall be limited to 6:00 AM to 9:00 PM Monday through Friday, 8:00 AM to 2:00 PM Saturday, and closed Sunday. Any change to the schedule of classes shall be reviewed and approved by the Community Development Department. 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 applicant shall ensure that on-site operations comply with the Tustin Noise Ordinance. Exhibit A Resolution No. 4050 CUP 06-023 Page 3 (1 ) 2.5 (1 ) 2.6 FEES (2) 3.1 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 Conditional Use Permit by the Planning Commission. All activities shall be located entirely within the enclosed building. No congregation and/or loitering in the parking area or walkways are allowed in association with the use. 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 that 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. ATTACHMENT D LETTER OF WITHDRAWAL DATED 10/26/2006 CC;I" ~I., 'l'O{. Justina Willkom Senior Planner,Community Development Dept City ofTustin Dear Justina: I would like to inform you and the City of Tustin Development Department that I have decided to sell my building located at 155 W. First St, Tustin. I am very grateful and appreciative to everyone in the Development Department for their efforts and patience while guiding me along this long process. In the end it is not in my company's best benefit to continue with this project. The building at this location is currently on the market starting todaY(October 26, 2006). I would like to withdraw my current permit process and per our conversation this morning, I have obtained the paperwork to begin my application for a conditional use permit at my current address(544 EI Camino Real). I will return the nessecary paperwork as soon as possible. Sincerely, Kris Massaro. cJ2L9- l(~l~ MIISS""Q.o S~"t e.. c.oI,...,,Jo \(e*..... lVt."tllJ, LAI q,Zl66