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HomeMy WebLinkAboutPC RES 4127RESOLUTION NO. 4127 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE 1- . PERMIT 09-017 AUTHORIZING THE ESTABLISHMENT OF A BOUTIQUE ENTERTAINMENT VENUE/NIGHTCLUB WITH A TYPE 48 ALCOHOLIC BEVERAGE CONTROL LICENSE AND LIVE ENTERTAINMENT LOCATED AT 2429 PARK AVENUE 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 09-017, was filed by Gengus Sanborn of Bounce Entertainment LLC., requesting authorization to establish and operate a boutique entertainment venue/nightclub with a Type 48 Alcoholic Beverage Control (ABC) License and live entertainment at 2429 Park Avenue 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 pursuant to Section 3.8.4.A2 of the MCAS Tustin Specific Plan, on-site alcoholic beverage sales establishments including bars, taverns, and cocktail lounges require approval of a conditional use permit. Pursuant to Section 3.14.2.81 of the MCAS Tustin Specific Plan, on-site alcoholic beverage sales establishments within Planning Area 19 (subject property) are not subject to distancing requirements to sensitive uses. D. That pursuant to Section 9270b(e) of the Tustin City Code, presentation of live entertainment requires approval of a conditional use permit. E. That a public hearing was duly called, noticed, and held for said application on September 8, 2009, by the Planning Commission and continued to the October 13, 2009 Planning Commission meeting. F. That in accordance with the conditions contained herein, 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: Resolution No. 4127 Page 2 1. The Lifestyle Center in the District was developed to allow the particular type of boutique entertainment venue/nightclub with live entertainment and alcohol sales as applied for and can reasonably accommodate such a use. 2. The typical hours of the proposed boutique entertainment venue/nightclub are compatible with other uses within the Lifestyle Center and the District. 3. No noise impacts are anticipated as there are no existing or planned residential uses within the immediate vicinity of the project site. Existing noise attenuation measures within the building would mitigate any impacts to neighboring tenants. 4. Based on the parking analysis for the District, it has been determined that there would be sufFcient parking provided to accommodate the proposed use. 5. The project site is located within a redevelopment project area and the City of Tustin Redevelopment Agency has reviewed and approved the project. The Agency has determined that the proposed tenant is a Class A User as required by the Disposition and Development Agreement between Vestar and the City. 6. As conditioned, the presentation of live entertainment at the subject property would not be detrimental to the health, safety, morals, comfort, and general welfare of the City. 7. As conditioned, Conditional Use Permit 09-017 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 09-017 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to require mitigation measures to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. 8. Pursuant to Section 3.8.4D of the MCAS Tustin Specific Plan, no sexually oriented businesses can be established within Planning Area 19 (the District). 9. The implementation/application of the proposed conditions would ensure compatibility of the proposed boutique entertainment venue/nightclub with the surrounding uses and the Tustin City Code. G. 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. 4127 Page 3 II. The Planning Commission hereby approves Conditional Use Permit 09-017 authorizing the establishment of a boutique entertainment venue/nightclub with a Type 48 ABC License and live entertainment at 2429 Park Avenue 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 13th day of October, 2009. ST ZAK Chairp on 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 Resolution No. 4127 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of October, 2009. ELIZABETH .BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION N0.4127 CONDITIONAL USE PERMIT 09-017 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 13, 2009, 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 09-017 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 issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.6 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. 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. 4127 Page 2 ~ ' (1) 1.7 As a condition of approval of Conditional Use Permit 09-017, 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) 1.8 Conditional Use Permit 09-017 may be reviewed annually or more often, if deemed necessary by the Community Development Director on the Community Development Director's own initiative or in consultation with the Police Chief or the Director of Public Works, to ensure compatibility with the area and compliance with the conditions of approval contained in this Resolution and related Exhibits ("conditions of approval"). If the Community Development Director, either on the Director's own initiative or after consulting with the Police Chief and/or the Director of Public Works, determines that there is evidence that the use is being operated in a manner inconsistent with the conditions of approval or is creating a nuisance or otherwise negatively or detrimentally affecting nearby tenants or the neighborhood, the Community Development Director may set the matter for hearing before the Planning Commission and the City Council as provided under Tustin City Code Section 9293. At the conclusion of such hearing, the City Council may either revoke the permit or impose additional conditions as the City Council may reasonably determine necessary or convenient to eliminate any nuisance or minimize any negative impacts. (1) 1.9 No change or alteration of the tenant space shall substantially occur from the approved plans dated October 13, 2009, or the original spirit and intent of this approval without prior approval of the Community Development Director. Modifications to the floor area including removal of fixed seats, services, and/or operation of the business may require consideration of a new Conditional Use Permit. ALCOHOL RESTRICTIONS (1) 2.1 Sales or consumption of alcoholic beverages shall be permitted only between the hours of 5:00 p.m. and 1:45 a.m. each day of the week unless modified by the Director of Community Development. (1) 2.2 There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "Buy one drink, get one free," "Two for the price of one," or "All you can drink for ..." or similar language. Advertisements Exhibit A Resolution No. 4127 Page 3 include but are not limited to leaflets, flyers, postings, handbills, email, and other forms of electronic mailings or online social networking. (1) 2.3 The sale of alcoholic beverages for consumption off the premises is prohibited, with the exception of private special events during the hours of 5:00 p.m. to 10:00 p.m. (1) 2.4 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. (1) 2.5 Controls shall be established to maintain occupancy levels allowed by the Orange County Fire Authority and those Fire Department approved levels will not be exceeded. Methods of controlling occupancy can include, but not be limited to the following: • Counters used to count the number of occupants entering and exiting the location which are available for inspection by OCFA or the Police Department. (1) 2.6 Except in case of emergency, the licensee shall not permit its patrons to enter or exit the licensed premises through any entrance/exit other than the primary entrance/exit. Steps shall be taken by the licensee to discourage unauthorized exiting. (1) 2.7 Aisles and hallways shall be kept clear in order to allow patrons to move freely about the licensed premises. (1) 2.8 All patrons who appear under the age of 30 shall be required to show some form of identification or they will not be served an alcoholic beverage. Multiple signs indicating this policy shall be prominently posted in places such as restrooms and entrances that are clearly visible to patrons. Only the following forms of identification will be acceptable: a. Valid driver's license; b. Valid State identification card; c. Valid passport; d. Current military identification; e. U.S. Government immigrant identification card All forms of out-of-state identification shall be checked by the authorized representative of the owner of the licensed premises in the Driver's License Guide. Upon presentation to the authorized representative of the owner of the licensed premises, the patron's form of identification shall be removed from the patron's wallet or any plastic holder and inspected for any Exhibit A Resolution No. 4127 Page 4 alterations through a close visual inspection and/or use of a flashlight or "Retro-reflective viewer." (1) 2.9 Persons who appear obviously intoxicated shall not be admitted into the premises. (1) 2.10 Patrons who appear obviously intoxicated shall not be served any alcoholic beverages. (1) 2.11 There shall be no "stacking" of drinks, i.e., more than one drink at a time, to a single patron. (1) 2.12 When serving pitchers exceeding 25 ounces of an alcoholic drink, all patrons receiving such pitcher, as well as all patrons who will be consuming all or any portion of such pitcher, shall present an ID to the server if appearing to be under the age of 30, if not previously checked at the entrance to the licensed premises. (1) 2.13 Oversized containers or pitchers containing in excess of 25 ounces of an alcoholic drink shall not be sold to a single patron for their sole consumption. (1) 2.14 Any patron who (1) fights or challenges another person to fight, (2) maliciously and willfully disturbs another person by loud or unreasoned noise, or (3) uses offensive words which are inherently likely to provoke an immediate violent reaction shall be removed from the premises. (1) 2.15 An incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate date, time, description of incident, and action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. (1) 2.16 The Police Department may require State licensed security guards to perform crowd control inside and outside of the establishment, based upon the type of activities anticipated at the location or based upon prior history of activity at this establishment or other similar businesses. (1) 2.17 Security personnel required by the Conditional Use Permit issued for the licensed premises shall be in a uniform or clothing which is readily identifiable as a security person. They shall maintain order and enforce the establishment's no loitering policy, and shall take "reasonable steps" (as that term is defined in subparagraph (3) of Section 24200 of the California Exhibit A Resolution No. 4127 Page 5 Business and Professions Code) to correct objectionable conditions that constitute a nuisance, including clearing the parking lot in a timely manner at closing time. The applicant shall be responsible for alt congregating and queuing of persons associated with the venue which occurs outside of the facility. (1) 2.18 Employees and contract security personnel shall not consume any alcoholic beverages during their work shift. All employees must be professionally attired, sexually explicit attire and uniforms are prohibited. (1) 2.19 The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual addressing at a minimum the following items: • Handling obviously intoxicated persons; • Establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; • Handling patrons involved in fighting or arguing; • Handling loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s); • Verifying age/checking identification of patrons; • Warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; and • Calling the police regarding observed or reported criminal activity. (1) 2.20 Contract security services, proprietary security personnel, or personnel assuming the functions typically associated with security shall be familiar with the establishment's written security policy and procedures; by reviewing them and signing they have read and understood the policy. The signed acknowledgement shall be kept in file relating to the security manual. (1) 2.21 A file containing the names and dates of employment of every person who serves alcoholic beverages for consumption by patrons on the licensed premises and every manager, which file shall also include a copy of each person's certificate of completion of the Department of Alcohol Beverage Control L.E.A.D. course (Licensee Education on Alcohol and Drugs). Upon request, said file shall be made available for review to representative of the Police Department of the City of Tustin. (1) 2.22 The applicant shall produce an Operations Manual to be retained on-site at the facility identifying the procedures and regulations for operating the proposed nightclub venue. Prior to building permit final or Certificate of Occupancy, the applicant shall submit said Operations Manual to the Community Development Department for review and approval. At a minimum, said Operations Manual shall contain the following items: Exhibit A Resolution No. 4127 Page 6 a A co of Plannin Commission Resolution No. 4127 s __; O pY g (b) A copy of the facility's live entertainment permit (c) A copy of the facility's alcohol license and conditions of approval (d) Sections of the California Business and Professions Code applicable to the operation of nightclubs and alcohol sales (e) Security policy and procedures (f) Employee training manual (g) Dress code criteria and protocol (h) Incident log LIVE ENTERTAINMENT RESTRICTIONS (1) 3.1 No sexually oriented businesses shall be established within the project site pursuant to Section 3.8.4D of the MCAS Tustin Specific Plan. - -'' (1) 3.2 There shall be no special events sponsored by or involving an outside promoter or any other person other than the applicant. Charity events may be organized and conducted by persons employed by or volunteering for the charity group. The building may not be sublet to a separate business or promoter or person other than the applicant. (1) 3.3 A Live Entertainment Permit shall be obtained through the Business License Division prior to establishing, conducting, or carrying on any five entertainment. The Live Entertainment Permit shall be non-transferable to any person(s). (1) 3.4 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) 3.5 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) 3.6 The ambient noise levels resulting from the live entertainment shall not ~ exceed the standards of the City of Tustin Noise Ordinance. Outside address ~ speakers, telephone bells, buzzers, and other similar devices, which are audible from adjoining properties, shall be prohibited. Exhibit A Resolution No. 4127 Page 7 (1) 3.7 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) 3.8 Fire and Police access and passage shall be permitted at all times. (1) 3.9 Exterior public pay telephones shall be prohibited and interior public pay phones shall be programmed to prevent incoming calls. (1) 3.10 "No Loitering" signs shall be placed near the entrance on the outside of the premises. No congregation and loitering outside the building shall be permitted. (1) 3.11 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. (1) 3.12 The applicant shall notify the City of Tustin a minimum of thirty (30) days prior to any live entertainment events and any events which will involve ticket sales. The City shall review and approve the performer and planned event for adequate security. If in the opinion of the City of Tustin that the proposed facility cannot adequately accommodate a performer or event, said performance or event shall not proceed. The applicant shall bear all costs associated with additional Police services as determined by the City of Tustin Police Department for all events. Failure to notify the City within the allotted timeframe of any live entertainment event or event involving ticket sales are grounds for revocation of the live entertainment permit and Conditional Use Permit. (1) 3.13 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that any nuisance including but not limited to 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) Reduce hours of operation. (b) Eliminate live entertainment. (c) Reduce the number/frequency of performers. Exhibit A Resolution No. 4127 Page 8 (d) Require additional on-site security personnel. (e) Provide additional parking. (f) Provide noise attenuation measures BUILDING DIVISION (1) 4.1 At the time of building permit application, the plans shall comply with the 2007 California Building Code (CBC), 2007 California Mechanical Code (CMC), 2007 California Plumbing Codes (CPC), 2007 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2005 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations 2005 Edition. (1) 4.2 At the time of plan submittal provide: Seven (7) set of plans including building, electrical, mechanical, and plumbing plans. Two sets of structural calculations (when applicable). Two sets of Title 24 energy calculations for outdoor lighting (when applicable). (1) 4.3 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 2007 California Plumbing Code Chapter 4, Table 4-1 as per type of group occupancy, or as approved by the Building Official. (1) 4.4 Prior to permit issuance, clearances will be required from the Orange County Health Department and Orange County Fire Authority, . (1) 4.5 Vehicle parking, primary entrance(s) to the site and building, the primary paths of travel building entrance, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities and shall be shown on the plans. PUBLIC WORKS DEPARTMENT (1) 5.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP) A. The applicantlcontractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will I comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50 percent of the project waste material. Exhibit A Resolution No. 4127 Page 9 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 will be determined by the Public Works Department in an amount not to exceed five percent of the project's valuation. C. Prior to issuance of 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." ORANGE COUNTY FIRE AUTHORITY (5) 6.1 Architectural Building Plans Service Codes: PR200-285 (New Construction Architectural Review) Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief. The applicant should be aware that all requirements regarding building construction and exiting shall be in compliance with the 2007 California Building Code (CBC), specifically Table 503 and Chapter 10. It is recommended that the applicant submit the architectural building plans as soon as possible to ensure that all exiting and construction requirements are addressed. (5) 6.2 Automatic Fire Sprinkler Systems Service Codes: PR420 (Commercial Fire Sprinklers) A) Prior to the issuance of a building permit, the applicant shall submit plans for any addition or modification to the existing automatic fire sprinkler system in the structure to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." B) Prior to the issuance of a certificate of occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. (5) 6.3 Fire Alarm System Service Codes: PR500-520 (Fire Alarm & Fire Sprinkler Monitoring Reviews) A) Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. The applicant may contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guideline for New and Existing Fire Alarm Systems." Exhibit A Resolution No. 4127 Page 10 B Prior to the issuance of a certificate of occu anc , p y this system shall be operational in a manner meeting the approval of the Fire Chief. FEES (1) 7.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: Building and Planning Plan Check and Permit Fees Orange County Fire Authority Fees. (2) 7.2 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.