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HomeMy WebLinkAbout03 CUP 08-009ITEM #3 Repot to the Pl~.nning ~ornrnission DATE: JULY 8, 2008 SUBJECT: CONDITIONAL USE PERMIT CUP 08-009 APPLICANT/ PROPERTY OWNER VESTAR/KIMCO TUSTIN, L.P. VESTAR DEVELOPMENT COMPANY 7575 CARSON BLVD LONG BEACH, CA 90808 LOCATION: 2437 PARK AVENUE (LIFESTYLE CENTER) GENERAL PLAN: MCAS TUSTIN SPECIFIC PLAN v`~~ ° ~~' ~s ZONING: SP-1 - MCAS TUSTIN SPECIFIC PLAN DISTRICT (PLANNING AREA 19 -COMMERCIAL) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: A REQUEST FOR AUTHORIZATION TO ESTABLISH LIVE ENTERTAINMENT AS AN ANCILLARY USE WITHIN THE LIFESTYLE CENTER OF THE DISTRICT SHOPPING CENTER AT TUSTIN LEGACY. RECOMMENDATION That the Planning Commission adopt Resolution No. 4097 approving Conditional Use Permit 08-009 to authorize the operation of ancillary live entertainment within the Lifestyle Center at the District. CUP 08-009 July 8, 2008 Page 2 BACKGROUND Location The proposed live entertainment will be in the District shopping center at Tustin Legacy, located at the northwest comer of the intersection of Jamboree Road and Barranca Parkway on the former Marine Corps Air Station (MCAS) Tustin. The District shopping center comprises over a million square feet of retail and restaurant commercial uses. The proposed live entertainment would be held entirely within the Lifestyle Center at the District and would be self contained within the area. The Lifestyle Center is a pedestrian oriented portion of the District which has an emphasis on entertainment attractions in addition to retail and restaurant uses. Surrounding Properties The District at Tustin Legacy is zoned as Specific Plan 1 (SP-1) MCAS Tustin Specific Plan and comprises Planning Areas 16, 17, and 19. The District is bounded by Tustin Ranch Road to the north and west, Jamboree Road to the east, and Barranca Parkway to the south. Commercial and industrial uses lie to the south and east of the project site across Jamboree Road and Barranca Parkway in the City of Irvine. Land to the north and west of the project site is also located within the MCAS Tustin Specific Plan and is currently being planned to accommodate a wide variety of mixed uses within a community core. The Lifestyle Center of the District is located within Planning Area 19 which allows for an assortment of commercial uses, including restaurants, retail, and service commercial uses. Unique attraction uses within the Lifestyle Center include facilities such as bowling alleys and movie theaters. It has been approximately a year since the first stores at the District in Tustin Legacy opened their doors. There are only two remaining restaurant pads that are currently under construction as well as a few interior tenant improvements including a planned comedy club tenant space. With the recent opening of the Strike bowling alley, the majority of tenants within the Lifestyle Center are open and operating. Public Noticing A public hearing notice identifying the time, date, and location of the public hearing for the proposal was published in the Tustin News on June 26, 2008. Property owners within 300 feet of the site were notified of the hearing by mail; a hearing sign was posted on the site and at City Hall on June 26, 2008. The applicant was informed of the availability of the agenda and staff report for this item. CUP 08-009 July 8, 2008 Page 3 DISCUSSION Live Entertainment The Lifestyle Center at the District was planned as a pedestrian oriented retail and entertainment venue. The applicant has indicated that it was always the intent to offer live entertainment as an ancillary use to enhance the pedestrian experience. A small passive stage area has been constructed adjacent to the Borders bookstore at Building 5 as originally approved for the development (see Attachment 4 -Performance Area 1 Plan). The District has hosted live performance events within the Lifestyle Center including a large gathering with bands and activities during their grand opening in August 2007. In addition to larger events, the District has also hosted smaller live entertainment including single and duo performers which are exempt from a live entertainment permit. According to the applicant, the proposed live entertainment is not intended to operate as a concert venue and the majority of the performers are smaller bands which tend to have only a minimal following. The performances are for the benefit of the shoppers to create an engaging and unique atmosphere within the Lifestyle Center. Similar entertainment is provided at regional outdoor malls including Downtown Disney and the Block at Orange. The applicant also intends to promote local up and coming bands within Orange County and Southern California, with occasional out of town performers. The applicant anticipates that typical shows would attract anywhere from 50 to 150 people that would be watching a performance, and this would not necessarily be all at the same time as people tend to stop and watch for a few minutes and then continue shopping. The applicant has also noted that possible live performances may include fashion shows, dancers, comedy, karaoke, and video game competitions. Circulation/Fire Access The plans submitted and information provided by the applicant for the proposal are insufficient and inadequate for staff to conduct a thorough analysis. In addition, on July 2, 2008, the applicant provided staff with an e-mail that indicated that a stage and fixed seating might be part of the proposal. Community Development, Building Department, Fire Department and Police Department review and comments were previously completed with the understanding that constructed temporary stages or fixed seating was not being proposed. Staff informed the applicant that Planning Commission consideration of the project would either need to be continued or that a condition would be included to provide an opportunity for additional staff review of the proposed stage and seating areas. Therefore, Condition 4.1 has been proposed to require the submittal of a more specific site plan for prior to implementation of the proposal. Stage construction and fixed seating would be prohibited and would require additional Planning Commission consideration and approval if proposed in the future. CUP 08-009 July 8, 2008 Page 4 The proposed entertainment areas are located along the main interior corridor of the Lifestyle Center and would not be visible from outside the Lifestyle Center. Potential performance watchers would not be able to view the shows from the outskirts of the area, within the interior streets, or right-of-way. This would prevent loitering and/or backup into the streets or public sidewalks. Two performance areas have been designated so that the events may be split between various tenant areas so that all tenants may benefit from the live entertainment. One of the two performance areas would be located upon the existing permanent stage near the Borders retail store (see Attachment 3 -Site Plan). The second location is proposed to occur in an area near the front of the AMC movie theaters. Similar to shoppers, viewers of the performance areas might temporarily block fire access ways depicted in Exhibit E -Exiting Plan (Attachment 6). However, since no stage construction or fixed seating would be permitted, the Orange County Fire Authority has indicated that there would be no issue with fire safety. However, the Orange County Fire Authority has reviewed the proposal and indicated that fixed stages or seating would be problematic if proposed since the walkway areas are required for fire access. Again, condition 4.1 has been proposed to require the submittal of a more specific site plan for these two areas that can be reviewed and approved by OCFA, Police, and Community Development Department staff to ensure that adequate circulation is provided prior to implementation. While performances would typically only be at one area at a time, it is not uncommon for both areas to be used for live entertainment simultaneously. All security for the performances would be provided by the applicant using the existing security company that monitors the District shopping center. Hours of Operation The proposed hours of operation and days of operation would vary depending on season, performers, holidays, and other factors. The applicant is planning on having regular performances on Friday evenings and on Saturdays. These performances would typically take place from 8:00 p.m. to 9:00 p.m. on evenings and from 1:00 p.m. to 3:00 p.m. during the day on Saturdays. The performers would typically play a one hour set and, while there is usually only one band each day, it would not be unusual for there to be multiple bands for a show. Pursuant to proposed Condition 4.4, the applicant would be required to inform the Community Development Department if any performances are expected to exceed 200 persons or 11:00 p.m. sixty (60) days prior to the performance date. Condition 1.8 is proposed to ensure that the Conditional Use Permit can be can be reviewed and possibly revoked in the event that problems ever occur in the future. CUP 08-009 July 8, 2008 Page 5 Noise No noise impacts are anticipated due the fact that there are no residential uses existing or planned in the immediate vicinity of the Lifestyle Center within the District. However, music event noise complaints might be received from business owners within Irvine or at The District. In addition, it should be recognized that medium high density and low density residential development is proposed within the core areas of Tustin Legacy northerly of Tustin Ranch Road in Neighborhoods D and G (see Attachment 2 - MCAS Tustin Site Plan). Furthermore, the Lifestyle Center is located essentially in the middle of the District shopping center and surrounded by parking and additional commercial buildings beyond that. The District itself is located between the three major arterial roads: Barranca Parkway, Jamboree Road, and Tustin Ranch Road. Pursuant to Condition 4.13, the proposed live entertainment shall not exceed noise standards set forth in the City of Tustin Noise Ordinance. Parking The applicant has indicated that the proposed live entertainment would remain ancillary to the commercial activities of the shopping center and would typically be a passive form of entertainment for shoppers within the Lifestyle Center as opposed to a destination facility with the sole purpose of promoting a concert or event. Without a schedule of perfiormers, Staff has concerns that larger crowds could frequent the site and cause potential parking and circulation issues. Therefore, Staff has proposed Condition 4.4 which would require the applicant to provide sixty (60) days advanced notice for Police, OCFA, and Community Development Staff review the schedule for potential issues. Again, Condition 1.8 is proposed to ensure that the Conditional Use Permit can be can be reviewed and possibly revoked in the event that problems ever occur in the future. The proposed performers are not expected to generate a substantial number of fans that would arrive for the sole purpose of watching the band. The existing parking capacity should accommodate the number of people indicated by the applicant that would attend the proposed live entertainment. Condition 4.16 has been included that requires the project to be reviewed and possible mitigation measures implemented should a parking problem arise. Large events at the District have experienced circulation problems in the past due to the fact the people attending the event typically park their vehicles in the parking stalls directly adjacent to the Lifestyle Center. There is adequate parking available at the District, however, if the proposed live entertainment events attract a larger than expected crowd, potential traffic circulation issues could occur. CUP 08-009 July 8, 2008 Page 6 Conditional Use Permit The plans submitted and information provided by the applicant for the proposal are insufficient and inadequate for staff to conduct a thorough analysis. Staff has proposed conditioning the project to address any inadequacies and potential future issues. In determining whether to approve the Conditional Use Permit for the proposed live entertainment within the Lifestyle Center at the District, the Planning Commission must determine whether or not the proposed use will be detrimental to the 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 as conditioned may be supported by the following findings: 1. The Lifestyle Center in the District was developed to allow the particular live entertainment use applied for and can reasonably accommodate such a use. 2. The typical hours of live entertainment are compatible with other uses within the Lifestyle Center and the District. The Five entertainment is meant to benefit the existing tenants within the center by creating a unique atmosphere that will draw people to the area and keep them coming back. 3. No noise impacts are anticipated as there are no existing or planned residential uses within the vicinity of the project site. 4. As conditioned, Conditional Use Permit 08-009 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 Conditional Use Permit 08-009 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 Conditional Use Permit. 5. The implementation/application of the proposed conditions would ensure compatibility of the proposed live entertainment with the surrounding uses and the Tustin City Code. CUP 08-009 July 8, 2008 Page 7 Staff recommends that that the Planning Commission adopt Resolution No. 4097 approving Conditional Use Permit 08-009 for ancillary live entertainment within the Lifestyle Center at the District at Tustin Legacy. ,- ~_ ~ ~ t-..-.:~....--- - a~~ Rya Swionte Dana Ogdo Associate Planner Assistant Director Attachments: 1. Location Map 2. Exhibit A - MCAS Tustin Site Plan 3. Exhibit B - Site Plan 4. Exhibit C -Performance Area 1 Plan 5. Exhibit D -Performance Area 2 Plan 6. Exhibit E - Exiting Plan 7. Resolution No. 4097 ATTACHMENT LOCATION MAP LOCATION MAP PROJECT NO.: CUP 08-009 ADDRESS: 2437 PARK AVE. (LIFESTYLE CENTER AT THE DISTRICT) ,; e - ~. .~ q~, ~. `~ ' ~~-- '9,~,C.~~ - -`~- 9A~ ~~ -"" --_ ~ilyr , ,~, ~. 300' `~ --~ -~ . 500' ~o.~ ' ~~; ~~~'~' ~~°_' ,v~,: __ ,~' ,' ., t ~., 1 r~^.~ ! { ~ `~ ~ ~ ~ f ~~ ` ~ ~ ~ I ~ ~I F ' >, ~ ~_~ I 1 q _ { J tj 1 1 I \ i ~4 ' rt3} R f 4'% ,f~~ f yf~ I a~ 1 ,~ J ~ ~ ~ '` ~ ' r Y '_ ~ i~ ~ Frt :,~ dr s ~ ~ 1 } ~ l V ' ~ I 1 1 t~ l ~' 1 t i .y, ' ~ I ;.~t~ ' ~ I T 1 1 r [ ~ ~ 1 1 ! / , ~ ~t ~i r a tc}aoona,r.~.~.c~sr..e~Et OO68f)Oft ATTACHMENT 2 EXHIBIT A - MCAS TUSTIN SITE PLAN Exhibit A - MCAS Tustin Site Plan Chapter 2 • Plan Description Neighborhoods S~RRA/OCTA 0 LEGEND - NElaleoarlooD ~ - E~ucAnoN auAae - NEIGHeoRrlooo B - V41A4E HOUSNG - NEIGH80RFI000 C - REGIONAL PARK - NEtCNEKIR1~000 D - COAMU,M+TTY CORE - lEK:FIBORF1000 E - EIPLOYNENi CENTER - NEICtIBORH000 F - REGKINN.LY-ORIENTED COIAIAERGN. DISTRICT - NE7GIiBORF1000 G - RESIOENTUL CORE - NEIGi1BORt1000 H - IRVM+E RES~fIJT1AL - AICA$ TUSTM BOUNDARY - fRVNdE/iU5T11V/5AN7A ANA 80UNDARY - SPECIFIC PLAN DOUNDARY CEtJiER~ ,t1CAS ruri» specific Pl~~»/Rr./isr Plu» fFeS IS A GRAPtYC REPRESENTATIQN GF A PtAhBWNCy1EN(yM&l~tW(.+ CONCEPT. FINAL DESIGN SCLUlgNS LOCATION ANDYbNG) vnu BE PkOP~EL1 ANO REV~WEO AS PART of SUBSE9UENt APVf~/AES +IEEUED Bti' iF+E RESPfCTNf P~ElVCY WRIT .AlEi50lCTgN 1-1 NTB Cily o/%iitii„ Figu~r 2-2 ATTACHMENT 3 EXHIBIT B -SITE PLAN i BARRANCA PARKWAY a ~_ ~~ x s z ~n -~ ~ ~. m i0 ~ E ~ ~ ~ - ~ ~ 0 ~i ~~ i . ~ ~' a ~, ~~~~ _ ~~ ~, ` ~ ~ P ~ ~ ~ a A A i 1 zFi _ F 1~ __ __ __ ~ C -_ ^ Et . _ ~ S - -~ zc . _ .1w .K-~4a1 ~T ' ~+-•-- ~ ~}_ L ~ ~ S '. ~ ~ z ~ ' 3 "" ~ ® ~ ~: A A ~,~ _ p@ ~ _ v~-_- __ ~~~ ~ ~~ j ~ ~ ~fv ~~__1 ~~~~~,~ ~~ -~ d°°~ _s ~m ~n ~~~m ~~m v ATTACHMENT 4 EXHIBIT C -PERFORMANCE AREA 1 PLAN m x cr x n -o m D m .g ~i c r 0 N G m Z x s c i 0 3 !7 A A a m i m C7 T G rn z r ppp~ o m_ N N C m rn o ®, m I~ ®~®® ®® ®e ~~~~~~~~ ~ ~ ~ ~ ~~ ~~ ©® o ~~ '~~~~~ ~+ ~9 ®® ®® ~ ~~ ~ ~~~~ ~ ~ ~ ~~~ ~ ~ ~ ~~ . ~ ,, ~ ~~ I~ ~ >_ ATTACHMENT 5 EXHIBIT D -PERFORMANCE AREA 2 PLAN m K s it z v 0 m D m w m m ~ r n m N N o a m ~ rn o a® Y~a,r u~ T ~ v ~~~ ~~ ~ ~ ~,h , ~i 4;S"4 ~~ i ~i '~ CL 1O CONCRETE PAVERS -SEE PAVNG SCHEIIUIE L-},00, P2. ® CONCRETE PAVERS -SEE PAVNG SCHEDULE L-J.00, P11. Q3 CONCRETE PAVERS -SEE PAVNG SCHEDULE L-3.00, P10. 0 CONCRETE PAVERS -SEE C7 ~ PAVING SCHEDULE L-J.00. PS. m © CONCRETE PAVERS -SEE Z C PAVNG SCHEDULE L-3.00, r ~ P17. C r''" ( © CONCRETE PAVERS -SEE N PAVING SCHEDULE L-3.00, p O G P1. © CONCRETE PAVERS -SEE m '"'"I PAVING SCHEWLE L-3.00, z P4. 11 fX CL T,,,~~ L _ ~ r 'Ji: ~f \~ _ ~~ii,.~ 11' .~ f ~ a BEGMKVINC FOR RIBBON PATTERN AT MIDPOIM OF rc PAVER FlREIAlIE - SEE FMtEIANE ENLARGENEM A, L-4.03. O CONCRETE PAVERS -SEE PAVNG SCMEDI/LE L-3.00, P13. ® FACE OF BUILDMM - REFER TO ARCHITECTURAL DRAWH/GS ® FLAMER AR&5 ® lOW WALL ® FOUNTNN -REFER TO WATER FEATURE ~ CONSULTANT DRAWINGS ® CONCRETE PAVERS -SEE t. STAKE OR CHAD( OUT ALL R~BON PATTERNS FOR APPROVAL BY LANDSCAPE ARCNffECT PRIOR TO U6TALLATIDN. PAVdVG SCHEDULE 1-3.00. 2. CAD F1LE OF PAVING DESIGN//RRiBON PMTETNS CAN ~ NAOE ~• AVNIABLE FOR ELECTRONIC SIlNVE1' EWN+NQlT. 3. CONTRACTOR TO PROVIDE A 70'%70' LIOCK-UP FOR RENEIY AND MPROVK 8Y CA17iER AND LANDS('APE ARCHTIECT. 4. FOR Nl BLENDS, CONTRACTOR TO PULL PAVERS FR011 THREE DIFFERENT PALLETES OF 7HE SAME BLEND. ENIHY PAVk1G /LNG ENLARGEMENT ~ ATTACHMENT 6 EXHIBIT E -EXITING PLAN rn a BARRANCA PARKWAY x ___ ~~. ~ __ nT r«r..... ~.. J .~..~~LD.WAY ._.. ~... ~.. _..~.. _.. .. m . I' ~ j ~ _ ~ I ~ j v I '' ~ ~~ ~' i ~ ~i j~,i f ~ ,~'i ~ ~ ~ i i ~ i i ~ ~l` € m i ~ ~ ,~ ~ ~; ~f~ ~ ~ ti m ~ ~ ~ a ~ J~ ~ ~~ 0 ~ ~ ~~ ~p Y7~ ~ a~.1 !~ Q i a W ~ ~ ~ ,l 11~~ ~ ~~ ~1 _ ;a ~ $° '1 ~~ ..'~ > _ j s ~ rl j - --- - ~~ ~~_ _ Y ~_ ~ Y i p ~ ~~ ~ ~ i o ~ ~ _ $ i ~ `~ t ~~ z~ s < <I ~ ~ ~ ~ ~ _ a ° `! ~ ~ ~ i .~ 4 ~,., i .8 = ~~~ a B a a } ~ ---.'~P4 GYCK_ fSaE ~ S Tin -g - ~ ~ _ i ~ -, ~ 1, i a ~' ~ ~' a ~"g:~ z°~ ~ ~o ~ ~ ~, s ~, ~ . 1 ~, ~ _ ,~ ~ ~ '•~ I ~~~ ~ { . ~, ~ ~ w ;s ~ r ., I Avp. I ~ ATTACHMENT 7 RESOLUTION NO. 4097 RESOLUTION NO. 4097 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 08-009 AUTHORIZING THE ESTABLISHMENT OF LIVE ENTERTAINMENT AS AN ANCILLARY USE WITHIN THE LIFESTYLE CENTER OF THE DISTRICT SHOPPING CENTER AT TUSTIN LEGACY. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. A proper application, Conditional Use Permit 08-009, was filed by Michael Garner of Vestar Development Company/Kimco Tustin L.P. requesting authorization to establish and operate live entertainment as an ancillary use within the Lifestyle Center of the District shopping center at Tustin Legacy. B. That the MCAS Tustin Specific Plan zoning designation and General Plan land use designation provide for a variety of commercial and entertainment 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 presentation of live entertainment requires approval of a conditional use permit pursuant to Section 9270b(e) of the Tustin City Code. D. That a public hearing was duly called, noticed, and held for said application on July 8, 2008, by the Planning Commission. E. 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. The Lifestyle Center in the District was developed to allow the particular live entertainment use applied for and can reasonably accommodate such a use. 2. The typical hours of live entertainment are compatible with other uses within the Lifestyle Center and the District. The live entertainment is meant to benefit the existing tenants within the center by creating a unique atmosphere that will draw people to the area and keep them coming -back. Resolution No. 4097 Page 2 3. No noise impacts are anticipated as there are no existing or planned residential uses within the vicinity of the project site. 4. As conditioned, Conditional Use Permit 08-009 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 Conditional Use Permit 08-009 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 Conditional Use Permit. 5. The implementation/application of the proposed conditions would ensure compatibility of the proposed live entertainment with the surrounding uses and the Tustin City Code. F. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 08-009 authorizing the establishment of live entertainment as an ancillary use within the Lifestyle Center of the District shopping center at Tustin Legacy, 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 8th day of July, 2008. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4097 Page 3 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. 4097 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of July, 2008. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION N0.4097 CONDITIONAL USE PERMIT 08-009 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped July 8, 2008, 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. (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 is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 All conditions in this Exhibit shall be complied with subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 08-009 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) 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. 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 Resolution No. 4097 Page 2 (1) 1.6 As a condition of approval of Conditional Use Permit 08-009, 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) 1.7 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. (1) 1.8 Conditional Use Permit 08-009 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. If the use is not operated in accordance with Conditional Use Permit 08-009, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. BUILDING DIVISION (1) (1) (1) (1) (1) 2.1 All required exits from existing buildings, specifically the movie theater building, shall remain open and unobstructed at all times. 2.2 Restroom facilities at the center shall be open and available to the participants. 2.3 All activities including event equipment and gathering shall not block access or passage for disabled persons or emergency response vehicles. 2.4 A minimum ten foot (10'0") wide exit path shall be maintained for all buildings. 2.5 The applicant shall be responsible for any damage to public facilities within the public right-of-way. Exhibit A Resolution No. 4097 Page 3 PUBLIC WORKS DEPARTMENT (1) 3.1 The applicant shall not alter any improvements within the public right-of-way without the approval of the Public Works Department. (1) 3.2 The activities shall not operate in such a manner that would impact any traffic lanes, cause back up (queuing) of vehicles into the public right-of-way, or create any unsafe conditions. (1) 3.3 The applicant shall be responsible for any damage to public facilities within the public right-of-way. (1) 3.4 Signs or banners advertising the event shall not be placed within the public right-of-way. (1) 3.5 Cleanup and repair of premises and adjacent areas shall be completed within twenty-four (24) hours of the event. USE RESTRICTIONS (***) 4.1 A revised site plan shall be submitted for review and approval by the City of Tustin and Orange County Fire Authority prior to implementation of any live entertainment event at the site. (***) 4.2 The live entertainment use shall remain ancillary to the retail commercial uses in the shopping center. At such time the primary use is discontinued or no longer the primary use of the property, the use permit shall be deemed null and void. (***) 4.3 There shall be no special events sponsored by or involving an outside promoter or any other person other than the applicant. No cover charges or tickets shall be sold for access to the live entertainment. (***) 4.4 The applicant shall notify the Tustin Police Department and Community Development Department of all live entertainment events within the Lifestyle Center a minimum sixty (60) days prior to the date of performance. The applicant shall notify the Community Development Department should live entertainment events be anticipated to exceed 11:00 p.m. Any event that is expected to exceed an attendance of 200 persons in the designated live entertainment area shall require prior review and approval by the Community Development Department. Live entertainment that will exceed an attendance of 500 persons shall require a separate Large Gathering Permit issued by the Community Development Department. Any live entertainment performed that is not previously identified in a submitted schedule of events shall be grounds for revocation of the Conditional Use Permit. Exhibit A Resolution No. 4097 Page 5 (1) 4.16 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 applicants to prepare a parking demand analysis, traffic study, or noise analysis and the applicants shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicants shall be required to provide mitigation 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) Adjust hours of operation. (b) Eliminate live entertainment. (c) Reduce the number/frequency of performers. (d) Require additional on-site security personnel. (e) Provide additional parking. ORANGE COUNTY FIRE AUTHORITY (5) 5.1 The use of any fixed features (stages, tents/canopies, similar structures) shall require review and approval by the OCFA. The proposed live entertainment areas are designated for fire department access as well as part of the exit pathway for the theater and the bookstore. Therefore, no obstacles are permitted. If these structures are proposed, a better site plan and a field inspection is necessary to find locations in the live entertainment area that will not impact fire department access and building exiting. Please contact the OCFA at (714) 573-6100 for additional information. FEES (2) 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 COUNTY CLERK 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 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. Exhibit A Resolution No. 4097 Page 4 (***) 4.5 Live entertainment shall be located entirely within common area in the interior of the Lifestyle Center. No designated seating shall be provided. Stage or entertainment areas shall not be open to view from outside of the lifestyle center. The live entertainment shall be conducted in the areas designated on the final approved site plan required in Condition 4.1, which are adjacent to the AMC movie theater and the Borders bookstore. (1) 4.6 Authorization to provide "Live Entertainment" shall not include Adult Entertainment, sexually oriented business, burlesque shows, and lewd or indecent acts. Sexually oriented businesses shall obtain special permits pursuant to Tustin City Code Section 3900 et seq. (1) 4.7 The types of live entertainment permitted include single performers, duos, disc jockeys, karaoke singers, live bands, the use of a piano, organ, keyboard, radio, record, tape, compact disc player juke box, or television receiver. Any change to the type of live entertainment other than authorized by this Conditional Use Permit shall be authorized by the Director of Community Development. (1) 4.8 A Live Entertainment Permit shall be obtained through the Business License Division prior to establishing, conducting, or carrying on any live entertainment. The Live Entertainment Permit shall be non-transferable to any person(s). (1) 4.9 No business operating with a valid Live Entertainment Permit shall employ any person who has been convicted of illegal drug usage, drug dealing, or prostitution within the last five (5) years. (1) 4.10 No alcoholic beverages shall be served on-site or consumed within the public property or the public right-of-way. (1) 4.11 All litter shall be removed from the exterior areas around the premises, including adjacent public sidewalk areas and parking areas, no less frequently than once each day that live entertainment is performed. (1) 4.12 The live entertainment 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) 4.13 The ambient noise levels resulting from the live entertainment shall not exceed the standards of the City of Tustin Noise Ordinance. (1) 4.14 No fixed features, including but not limited to stages, booths, seating, tents, or other similar structures shall be permitted. (1) 4.15 Fire and Police access and passage shall be permitted at all times.