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HomeMy WebLinkAboutPC RES 4097RESOLUTION NO. 4097 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE z _ PERMIT 08-009 AUTHORIZING THE ESTABLISHMENT OF LIVE ENTERTAINMENT AS AN ANCILLARY USE WITHIN THE LIFESTYLE CENTER OF THE DISTRICT SHOPPINGCENTER AT TUSTIN LEGACY. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That 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, and noticed for July 8, 2008, continued to August 12, 2008, then continued again and held for said application on August 26, 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 an ancillary use to the shopping center and meant to benefit the existing tenants within the center by Resolution No. 4097 Page 2 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 immediate 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 26th day of August, 2008. CHARLES E. PUCKETT - _ Chairperson Pro Tem 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 26'h day of August, 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 August 26, 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) (2) CEQA MITIGATION (6) (3) UNIFORM BUILDING CODES (7) (4) DESIGN REVIEW *'~`* RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY 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) 2.1 All required exits from existing buildings, specifically the movie theater building, shall remain open and unobstructed at all times. (1) 2.2 Restroom facilities at the center shall be open and available to the participants. (1) 2.3 All activities including event equipment and gathering shall not block access or passage for disabled persons or emergency response vehicles. (1) 2.4 A minimum ten foot (10'0") wide exit path shall be maintained for all buildings. (1) 2.5 Intentionally omitted. (1) 2.6 The performance stages shall be made accessible to disabled person as per the State of California Title 24 Handicap accessibility regulations. 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, banners, or other means of 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 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. (***) 4.2 There shall be no special events 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, except for charity events. (***) 4.3 The applicant shall notify the Community Development Department should live entertainment events be anticipated to commence before 8:00 a.m. and/or exceed 11:00 p.m. and/or an attendance of 200 persons in the designated live entertainment area. Any event outside the thresholds of this Conditional Use Permit and Live Entertainment Permit including but not limited to extreme sports events, events requiring additional fixtures, or events outside the designated live entertainment areas shall require review and approval by the City. The applicant shall notify the Community Development Department of these events a minimum thirty (30) days prior to the date of the event. The Community Development Department is not obligated to approve events without the minimum (30 days) prior notice. Live entertainment that will exceed an attendance of 500 persons shall require a separate Large Gathering Permit issued by the Community Development Department. (***) 4.4 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 Exhibit A Resolution No. 4097 Page 4 lifestyle center. The live entertainment shall be conducted in the areas designated on the final approved site plan, which are adjacent to the AMC movie theater and the Borders bookstore. (1) 4.5 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) 4.6 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) 4.7 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) 4.8 No business operating with a valid Live Entertainment Permit shall employ any person who has been convicted of illegal drug usage, drug dealing, I- prostitution, and/or violent offenses involving children within the last five (5) years. (1) 4.9 No alcoholic beverages shall be served on-site or consumed within the public property or the public right-of-way. (1) 4.10 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) 4.11 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) 4.12 The ambient noise levels resulting from the live entertainment shall not exceed the standards of the City of Tustin Noise Ordinance. (1) 4.13 No temporary fixed features, including but not limited to stages, booths, seating, tables, tents, or other similar structures shall be permitted, with the exception of one temporary stage located adjacent to the fountain in the AMC theater plaza as identified on the site plan and approved by the OCFA and Tustin Building Division. (1) 4.14 Fire and Police access and passage shall be permitted at all times. Exhibit A Resolution No. 4097 Page 5 (1) 4.15 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 live entertainment, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicants 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.