HomeMy WebLinkAbout03 CUP 09-035ITEM #3
Report to the
Planning Commission
DATE: FEBRUARY 23, 2010
SUBJECT: CONDITIONAL USE PERMIT (CUP) 09-035
APPLICANT: VICKY Y. KIM-NAM
D&V ENTERPRISES, INC.
1479 STARBUCK STREET
FULLERTON, CA 92833
PROPERTY OWNER: WILLIAM ZAPPAS
3922 EMERALD STREET
TORRANCE, CA 90503
LOCATION: 656 EL CAMINO REAL
GENERAL PLAN: OLD TOWN COMMERCIAL
TUST[ N
ZONING: CENTRAL COMMERCIAL (C-2) &~ COMBINING PARKING (P)
ENVIRONMENTAL
STATUS: PURSUANT TO SECTION 15270(A) OF THE CALIFORNIA
CODE OF REGULATIONS (GUIDELINES FOR THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT) CEQA
DOES NOT APPLY TO PROJECTS WHICH A PUBLIC
AGENCY REJECTS OR DISAPPROVES.
REQUEST: A REQUEST TO EXTEND THE HOURS OF OPERATION TO
2:00 A.M. FOR THE JJ MUSIC STUDIO KARAOKE
BUSINESS.
CUP 09-035
February 23, 2010
Page 2
RECOMMENDATION
That the Planning Commission adopt Resolution No. 4144 denying Conditional Use
Permit 09-035 to extend the hours of operation to 2:00 a.m. for the JJ Music Studio
karaoke business located at 656 EI Camino Real.
BACKGROUND
Site and Surrounding Properties
The site is located at the southwest corner of EI Camino Real and Sixth Street in the EI
Camino Plaza shopping center and within the Central Commercial (C-2) with Parking
Overlay (P) Zoning District and Old Town Commercial General Plan Land Use
Designation. Surrounding uses include additional retail uses to the east with Planned
Industrial (PM) uses to the west, a parking lot followed by retail to the north, and an
office building and the Interstate 5 Freeway to the south {see Attachment A -Location
Map).
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CUP 09-035
February 23, 2010
Page 3
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 February 11, 2010. Property
owners within 300 feet of the site were notified of the hearing by mail; a hearing sign is
posted on the site; and, the hearing notice was posted at City Hall on February 11,
2010. The applicant was informed of the availability of the agenda and staff report for
this item.
Previously Approved Entitlement
Use Determination 06-009 and Conditional Use Permit 06-009
On March 27, 2006, the Tustin Planning Commission adopted Resolution No. 4018
approving Use Determination 06-001 to allow karaoke music studios as conditionally
permitted uses within the Central Commercial (C-2) Zoning District. At that same
meeting, the Planning Commissian adopted Resolution No. 4019 approving Conditional
Use Permit 06-001 to allow the subject karaoke music studio at 656 EI Camino Real.
Condition 4.8 of Planning Commission Resolution No. 4019 limits the facility's daily
operational hours from 10:00 a.m. to 12:00 a.m. Any change to the hours of operation
shall be reviewed by the Community Development Department and may be approved
if no adverse impacts are anticipated.
Current Application
Conditional Use Permit 09-035
The Community Development Department received a request by the applicant on
December 2, 2009, to extend the hours of operation for the JJ Music Studio until 2:00
a.m. Upon reviewing the request with other Departments within the City, the
Community Development Director denied the request to extend the hours of operation
for the JJ Music Studio. The applicant is now requesting that the Planning
Commission amend Condition 4.8 of Resolution No. 4019 to extend the hours of
operation until 2:00 a.m. No changes to the existing floor plan or other operations of
the business are proposed.
DISCUSSION
JJ Music Studio has been in business within the City of Tustin and at the current location
since April 2006. The primary use of the business is for karaoke entertainment
purposes. Individual rooms of varying sizes for small groups to perform karaoke make
up the tenant space. The business is allowed to serve light refreshments; however, the
sale and/or consumption of alcohol is prohibited on the premises pursuant to Condition
4.5 of Resolution No. 4019.
CUP 09-035
February 23, 2010
Page 4
Police Departmenf Investigations
The City of Tustin Police Department has witnessed the subject business, JJ Music
Studio, violate the conditions of approval contained within Resolution No. 4019 on
numerous occassions as discussed below. Regular patrol checks have revealed the
business operating well past their conditioned operational hours of midnight. In addition,
the Police Department has performed joint investigations with the Department of
Alcoholic Beverage Control (ABC) and issued misdemeanor citations for the sale of
alcohol without a license.
Violations related to hours of operation:
• February 26, 2009:
At 3:43 a.m., Tustin Police Officers
an assault and battery disturbance.
male victim exited a karaoke roc
harrassing the clerk. Three other
karaoke room and pushed the vic1
happened outside.
responded to JJ Music Studio in reference to
According to the clerk at JJ Music Studio, the
~ belligerently drunk and start yelling and
patrons, two males and one female, exited a
m outside. The clerk did not observe what
Two friends of the victim arrived later in the parking lot and saw the victim being
held down by one of the males while the other kicked him in the face. They noted
that the victim was acting belligerant and crazy and trying to fight people. The
victim was taken to the hospital and noted the next day that he could not
remember exactly what happened because he had been drinking.
• March 20, 2009:
At 2:59 a.m., a Tustin Police Officer, while on patrol check, noticed that the JJ
Music Studio was operating past midnight. The Officer informed the business that
they were operating past permitted hours and that the business needed to close.
The business closed shortly thereafter.
f! i`[M f§'rIN
CUP 09-035
February 23, 2010
Page 5
• May 1, 2009:
At 12:05 a.m., a Tustin Police Officer, while on patrol check, noticed that the JJ
Music Studio was operating past midnight. The Officer informed the business
they were operating past permitted hours and that the business needed to close.
The business closed shortly thereafter.
Violations related to the sale of alcoholic beverages:
• October 25, 2007:
At approximately 9:30 p.m., an undercover Tustin Police OfFcer and ABC
Investigator entered the JJ Music Studio located at 656 EI Camino Real and
inquired about renting a karaoke room. They then asked the clerk if the
establishment sold beer. The clerk acknowledeged that the establishment sold
Korean OB beer. The Officer and Investigator ordered two (2) beers which were
poured into styrofoam cups and they drank the beers in the lobby of the
establishment. The Officer and Investigator then identified themselves to the clerk
and issued a citation for the sale of alcoholic beverages without a license. The
clerk was notified that the business is required to have an ABC License to sell
alcoholic beverages and was then instructed to stop selling alcoholic beverages
and remove all alcoholic beverages from the premises. The clerk complied and
removed all alcoholic beverages from the premises.
• April 3, 2009:
At approximately 9:30 p.m., two undercover Tustin Police Officers and an ABC
Investigator entered the JJ Music Studio and rented a karaoke room. A few
minutes later one of the Officers asked the clerk if they had any alcoholic drinks.
The clerk responded that they used to serve beer, but they no longer served it
because the police had been patroling the business lately. At approximately
10:20 p.m. an Officer again asked the clerk if they could serve them any alcoholic
drinks. The clerk asked if beer would be okay. The Officer then ordered two (2)
beers which were brought to the karaoke room along with styrofoam cups at
approximately 10:45 p.m. The Officers and Investigator later paid the bill which
included the two (2) cans of beer which were not noted on the sales receipt. The
Officers and Investigator then identified themselves and issued a misdemeanor
citation to the business owner (not present during the sale of acloholic beverages)
and an employee for the sale of alcoholic beverages without a license. Upon
questioning, the employee admitted to purchasing the beers at a convenience
store and bringing them back to the JJ Music Studio. The business owner also
acknowledged that the business did not have an ABC License to sell alcohol and
that she was aware that the business was not permitted to sell alcoholic
beverages.
After interviewing the employees and owner of JJ Music Studio, Tustin Police
CUP 09-035
February 23, 2010
Page 6
Officers and ABC Investigators conducted an inspection of the karaoke rooms for
evidence of alcoholic beverages. A patron in one of the karaoke rooms under the
age of 21 years was in possession of 750 ml bottle of "Schnapps." A
misdemeanor citation for minor in possession of an alcoholic beverage was
issued to the patron.
ANALYSIS
The JJ Music Studio has repeatedly violated the conditions of approval for their use
permit. The business has exceeded operational hours on multiple occasions that the
City is aware of. There is a record of incidents associated with the business occurring
past the permitted hours of operation. The business owner is aware of the operational
conditions of the business and has repeatedly violated them. In addition, the business
has been issued multiple citations for the unlicensed sale of alcoholic beverages.
Alcohol is prohibited on the premises pursuant to the business' conditional use permit.
The Planning Commission originally imposed conditions on the business in adopting
Resolution No. 4019 to ensure that the business would be compatible with the existing
neighborhood and surrounding area. Allowing for the business to extend its hours of
operation to 2:00 a.m. may only perpetuate illicit activities and be a detriment to the City
and surrounding area.
FINDINGS
In determining whether to approve the Conditional Use Permit to extend the hours of
operation of the business to 2:00 a.m., the Planning Commission must determine
whether or not the proposed request 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 deny this request may be supported by the
following findings:
1) That the business owner has a proven record of operating the business in
violation of the conditions of approval of Conditional Use Permit 06-001
(Planning Commission Resolution No. 4019).
2) That the Police Department has witnessed the business operating past the
approved hours of midnight on February 26, 2009 (where an assault and battery
disturbance occurred) as well as on March 20, 2009, and on May 5, 2009.
3) That Police Department and the State Department of Alcoholic Beverage
Control investigations held on October 25, 2007 and April 3, 2009, reveal that
the subject location has sold alcoholic beverages without an alcoholic beverage
license.
4) That pursuant to Police incident reports, the business has experienced
CUP 09-035
February 23, 2010
Page 7
4) That pursuant to Police incident reports, the business has experienced
altercations between patrons involving assault and battery on February 26, 2009
when operating beyond the approved hours of operations (midnight) and the
proposed extension of the operational hours past midnight will be detrimental to
the health, safety, morals, comfort, and general welfare of the persons residing
and working in the neighborhood and the City as a whole.
Staff recommends that the Planning Commission adopt Resolution No. 4144 denying
Conditional Use Permit 09-035 requesting to extend the hours of operation to 2:00 a.m.
for the JJ Music Studio located at 656 EI Camino Real
In response to non-compliance in the past with the conditions of approval for the
business, the Community Development Department and Police Department have been
monitoring the operation of the business. There have been no complaints or calls for
service related to the business in the past few months, and the business has been
operating in accordance with the conditions of approval. Staff does not believe it is
necessary at this time to take any further action or initiate proceedings to revoke the
conditional use permit. The Community Development Department and Police
Department will continue to monitor the business.
r
~~
Rya wiontek Elizabeth A. Binsack
Associate Planner Community Development Director
Attachments: A.
B.
C.
D.
E.
F.
Location Map
Land Use Fact Sheet
Submitted Plans
Planning Commission Resolution No. 4018
Planning Commission Resolution No. 4019
Planning Commission Resolution No. 4144
ATTACHMENT A
LOCATION MAP
AP
~'~..r. f iU~ ;~r.f'
ATTACHMENT B
LAND USE FACT SHEET
LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT 09-035
2. LOCATION: EL CAMINO PLAZA 3. ADDRESS: 656 EL CAMINO REAL
4. APN(S):401-631-01,15
5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: UD 06-001, CUP 06-001
6. SURROUNDING LAND USES:
NORTH: COMMERCIAURESIDENTIAL SOUTH: COMMERCIAL
EAST: COMMERCIAL WEST: INDUSTRIAL
7. SURROUNDING ZONING DESIGNATION:
NORTH: C2 P/R3 SOU I H: C2 P EAST: C2 P WEST: PM
8. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH: OLD TOWN COMMERCIAL/HIGH DENSITY RESIDENTIAL
SOUTH: OLD TOWN COMMERCIAL EAST; OLD TOWN COMMERCIAL
WEST: INDUSTRIAL
9. 51TE LAND USE: SI-LOPPING CENTER, NO CHANGE TO EXISTING
DEVELOPMENT FACTS:
NO CHANGE TO THE EXISTING DEVELOPMENT IS PROPOSED.
ATTACHMENT C
SUBMITTED PLANS
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ATTACHMENT D
PLANNING COMMISSION RESOLUTION NO. 40'18
RESOLUTION N0.4018
A RESOLUTION DF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING USE DETERMINATION 06-001
TO ALLOW KARAOKE MUSIC STUDIOS AS A
CONDITIONALLY PERMITTED USE IN THE CENTRAL
COMMERCIAL (C-2) ZONING DISTRICT.
The Planning Commission does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. A proper application for Use Determination 06-001 was filed by
Vicky YeonJung ICim-Nam, to request authorization to establish a
karaoke music studio as a conditionally permitted use within the
Central Commercial (C-2) zoning district located at 656 EI Camino
Real.
B. Section 9233a of the Tustin City Code allows the Planning
Commission to determine as to whether or not unlisted uses are
similar to those allowed in the district. A Use Determination is
necessary tv decide if the proposed use would be permitted,
conditionally permitted or prohibited in the zoning district_
C. That a public hearing was duly called, noticed, and held for Use
Determination 06-001 in conjunction with Conditional Use Permit
06-001 on March 27, 2006, by the Planning Commission.
D. That approval of Use Determination 06-001 to allow for karaoke
music studios as a conditionally permitted use within the Central
Commercial (C-2) zoning district can be supported by the following
findings:
1) A karaoke music studio is consistent with the intent of the
Central Commercial (C-2) zoning district to allow for a variety of
retail and service commercial uses.
2) Similar service businesses located within the Central
Commercial (C-2) zoning district are conditionally permitted.
3) The proposed use would not have a detrimental effect on the
public health, safety and general welfare of the community in
that the proposed business would be consistent with other
businesses within the C-2 zoning district.
4) Any possible effect on existing traffic conditions could be
controlled through placing conditions on parking, maximum
occupancy, and hours of operation. In addition further traffic
Resolution 4018
UD OB-001
Page 2
analysis could be required through the Conditional Use Permit -
application process.
5) To ensure compatibility, proposals would be reviewed on a case-
by-case basis and subject to the conditional use permit process
and public noticing requirements. Conditions may be included to
ensure that there will be no adverse effects on the
neighborhood, i.e. soundproofing the booths to comply with the
City of Tustin Noise Ordinance.
E. This project is Categorically Exempt pursuant to Section 15301
(Class 1) of Title 14, Chapter 3 of the Califomia Code of
Regula#ions (Guidelines for the Galifornia Environmental Quality
Act}.
The Planning Commission hereby approves Use Determination 06-001 to
allow for karaoke music studios as a conditionally permitted use within the
Central Commercial (C-2) zoning district.
PASSED AND ADOPTED by the Planning Commission of the of~ustin, at a
regular meeting on the 27~' day of March,,2~ (~ I 1
ELIZABETH A. BIN ACK
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, Califomia; that Resolution No. 4018
was duly passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 27th day of March, 2006.
~L! ~?~
ELIZABETH A. BINSACK
Planning Commission Secretary
,_
ATTACHMENT E
PLANNING COMMISSION RESOLUTION NO. 4019
RESOLUTION NO. 4019
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT
06-001 AUTHORIZING THE ESTABLISHMENT OF A
KARAOKE MUSIC STUDIO FOR UP TO THIRTY (30)
PERSONS WITHIN AN EXISTING 2,000 SQUARE FOOT
TENANT SPACE LOCATED AT 656 EL CAMINO REAL.
The Planning Commission does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. A proper application for Conditional Use Permit 06-001 was filed by
Vicky YeonJung Kim-Nam, to request authorization to establish a
karaoke music studio with a maximum of thirty (30) persons within
an existing 2,000 square foot tenant space located at 656 EI Camino
Real in the EI Camino Plaza within the Central Commercial (C-2)
zoning district and Old Town Commercial General Plan Land Use
Designation..
B. The General Plan Old Town Commercial Land Use Designation
provides for a variety of commercial uses, including retail stores and
service businesses. 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
Conditional Use Permit 06-001 in conjunction with Use
Determination 06-001 on March 27, 2006, by the Planning
Commission.
D. That the establishmerrt, 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 of such proposed use, nor be
injurious or detrimental to the property and improvements in the
neighbofiood of the subject property, or to the general welfare of the
City of Tustin in that:
1) The proposed use, as conditioned would not be detrimental to
the surrounding properties in that the use would occur entirely
within the building, the number of customers, hours of operation
and type of business are consistent with other businesses within
the same plaza and the C-2 zoning district.
2) As conditioned, the proposed use would not result in any
parking impacts because the maximum number of persons will
Resolution 4019
CUP 06-001
Page 2
be limited to thirty (30) persons at any given time based upon
the party ratio of one (1) parking space per every three (3)
persons and the ten (10) parking spaces allotted to the tenant
space. The Traffic Engineering Division has reviewed the
proposed business and has concluded that there will be no
adverse traffic impacts and there is sufficient parking and street
capacity to support the proposed project.
3) The proposed use, as conditioned, would not create a noise
impact on the surrounding neighborhood since the karaoke
booths would be made soundproof and aU activities would be
conducted inside the building and would be conditioned to
comply with the Tustin Noise Ordinance and General Plan Noise
Element.
E. This project is Categorically Exempt pursuant to Section 15301
(Class 1) of Title 14, Chapter 3 of the Califomia Code of
Regulations (Guidelines for the California Environmental Quality
Act).
II. The Planning Commission hereby approves Conditional Use Permit 06-001
authorizing the establishment of a karaoke music studio with a maximum of
thirty (30) persons within an existing 2,000 square foot tenant space
located at 656 EI Camino Real.
PASSED AND ADOPTED by the Planning Commission a C~ of Tustin, at a
regular meeting on the 27~' day of March, ?09G~
Chairperson
E!_IZABETH A. BINSACK
Planning Commission Secretary
Resolution 4019
CUP 06-001
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY dF 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. 4019
was du{y passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 27th day of March, 2006.
~%~C~~~I~GGC ~~u,~~f~
ELIZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
RESOLUTION N0.4019
CONDITIONAL USE PERMIT 06-001
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
far the project date stamped March 27, 2006, an 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 the use 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 as specified, subject to
review and approval by the Community Development Department.
(1) 1.4 Approval of Conditional Use Permit 06-001 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 Cvmrnunity
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 Councl ordinance.
(1) 1.6 The applicant shall be responsible for costs associated with any necessary
code enfon;ement action, including attorney fees, subject to the applicable
notice, hearing, and appeal process as established by the City Council by
ordinance.
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODEIS
(4) DESIGN REVIEW
'""" EXCEPTIONS
(5) RESPONSIBLE AGENCY
REQUIREMENTS
(6) LANDSCAPING GUIDELINES
(n PC/CC POLICY
Exhibit A
Resolution 4019
cuP os-oo1
Page 2
(1 } 1.7 As a oondfion of approval of Conditional Use Permit 06-001, 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, inducting 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.
(*") 1.8 Conditional Use Permit 06-001 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. The Director may recommend that the Planning Commission modify
existing conditions or add new conditions to protect the public health, safety,
community aesthetics, and general welfare.
BUILDING DIVISION
(3) 2.1 At the time of building permit application, the plans shall comply with the
2001 California Building Code (CBC), 2001 California Mechanical Code
(CMC), 2001 California Plumbing Codes (CPC), 2004 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) 2.2 Building plan check submittal shall include the following:
Four (4) sets of construction plans, including drawings for
mechanical, plumbing. and electrical.
Two (2) copies of Title 24 energy calculations.
Note on plans that no field changes shall be made without prior
approval from the Building Official and architect or engineer of
record.
(3} 2.3 All new glass doors ancd windows, in or adjacent to doors, shall be
tempenaci per 2001 California Building Code Section 2406.4.
(1} 2.4 Vehicle parking, primary entrance th the building, the primary paths of travel,
cashier space, sanitary facilities, drinking fountain, and public telephones
Exhibit A
Resolution 401 S
CUP 06-001
Page 3
shall be accessible to persons with disabilities and shall be shown on the
plans.
(3) 2.5 Two (2) exits are required from the spats, and from any area with occupant
loads of thirty (30) or more as determined in the Table 10-A of the 2001
CBC.
('""') 2.6 The applicant shall comply with the City of Tustin Noise Ordinance to limit
all interior and exterior noise levels to the established standards. Prior to
issuance of a building permit the applicant shall provide an acoustical
report. All construction recommendations in the approved acoustical
report shall be implemented into the project design.
(5) 2.7 Prior to issuance of a demolition, precise/rough grading, and/or building
permit with valuation of $50,000 or greater, the applicant shall submit for
approval by the City of Tustin, Construction S Demolition (CAD) debris
collection, disposal, and diversion information on the City-prescribed
forms.
(5) 2.8 At least 50 percent of the constn,ction debris shall be diverted from landfill
to the recycling plants. A security deposit in the amount of $50 per ton
(not to exceed $5,000 per project) for a C8~D security deposit will be
collected prior to issuance the permit. Prior to final inspection, the
applicant shall submit to the City of Tustin documents (i.e. receipt from
vendor) showing actual weight or volume of each material of C8~D diverted
to the recycling center. For any questions or concerns, please contact Joe
Meyers at (714) 573-3173. (City Ordinance 1281)
(5) 2.9 Prior to issuance of any permits, payment shall be made of all applicable
fees, including but not limited to, the following:
• Building Plan Check and Permit Fees
• Grading Plan Check and Permit Fees
Private Improvement Plan Check and Permit Fees
• New Development Tax
• Transportation System Improvement Program Fees
• School Fees
• Orange County Fire Authority Fees
ORANGE COUNTY FIRE AUTHORITY
(1) 3.1 Prior to the issuance of a building permit the applicant shall submit plans for ~-`
any modification or addition to any existing automatic fire sprinkler system in
any structure to the Fire Chief for review and approval. Please contact the
OCFA at (714)573-6100 for additional infom~ation.
Exhibit A
Resolution 4019
CUP 06-001
Page 4
(1) 3.2 Prior to the issuance of a building permit the applicant shall submit
architectural plans for review and approval of the Fire Chief if required per
the "Orange County Fire Authority Plan Submittal Criteria Form". Please
contact the OCFA at (714) 573-6100 for a copy of the SitelArchitectural
Notes to be placed on plans prior to submittal.
('~"*) 4.1 The maximum amount of persons on the premises at any given time shall
be limited to thirty (30) persons based upon the available amount of
parking within the center, at a ratio of one (1) parking space per every
three (3) persons. Any request to increase occupancy numbers shall
require the project proponent with property owner's permission to provide
a parking demand analysis of the center showing sufficient parking would
be provided, and shall be subject to the Community Development Director
review and approval. The maximum occupant load permitted by CUP 06-
001 shall be posted on the wall by the exit door in a conspicuous location
and may not exceed posted occupant load at any time.
(1) 4.2 All required exit doors and path shall remain open and unobstructed
during business hours.
(1) 4.3 "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) 4.4 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 the business is open.
(*"'") 4.5 The sale andlor consumption of alcohol is prohibited, no alcohol is allowed
on the premises.
(*'"*) 4.6 Lights should be of a sufficient wattage so that everything in the booth can
easily be seen from the outside. No light switches are permitted in the
booths.
(***) 4.7 At least one side of each individual karaoke booth shall remain visible and
unobstructed to the common area. The doors of the karaoke booths shall
not have locks.
(1) 4.8 The facility's daily hours of operation may be from 10:00 a.m. to 12:00 a.m.
Any change to the hours of operation shall be reviewed by the Community
Development Department and may be approved if no adverse impacts are
anticipated.
Exhibit A
Resolution 4019
CUP 06-001
Page 5
(***) 4.9 No amusement devices other than karaoke machines, including but not
limited to video games shall be permitted.
(1) 4.10 No sexually oriented businesses shall be conducted on the premises
without approval by the City in accordance with the Tustin City Code.
(1) 4.11 Exterior public pay telephones shall be prohibited and interior public pay
phones shall be programmed to prevent incoming calls.
(1) 4.12 Business operations shall be conducted in a manner that does not create
a public or private nuisance. Any such nuisance must be abated
immediately upon notice by the City of Tustin.
(1) 4.13 If a noise or parking problem
the applicant shall submit a
traffic engineer and pertorm
measures.
FEES
(2)
is observed by a representative of the Ci#y,
study prepared by a professional noise or
or install interim and permanent mitigation
5.1 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 forty-
three dollars ($43.00) to enable the City to file the appropriate
environmental documentation for the project. If within such forty-eight (48)
hour period that applicant has not delivered to the Community
Development Department the above-noted check, the statute of limitations
for any interested party to challenge the environmental determination
under the provisions of the California Environmental Quality Act could be
significantly lengthened.
ATTACHMENT F
PLANNING COMMISSION RESOLUTION NO. 4144
r°
RESOLUTION N0.4144
A RESOLUTION OF THE PLANNING COMMISSION
DENYING CONDITIONAL USE PERMIT 09-035 TO
EXTEND THE HOURS OF OPERATION TO 2:00 A.M.
FOR THE JJ MUSIC STUDIO KARAOKE BUSINESS
LOCATED AT 656 EL CAMINO REAL.
The Planning Commission of the City of Tustin does hereby resolve as follows:
A. That a proper application, Conditional Use Permit 09-035, was filed by Vicky Y.
Kim-Nam to amend Condition 4.8 of Planning Commission Resolution No.
4019 and extend the hours of operation to 2:00 a.m. for the JJ Music Studio
located at 656 EI Camino Real. The subject property is located within the
Central Commercial (C-2) with Combining Parking (P) zoning district and has a
General Plan Land Use Designation of Old Town Commercial.
B. That on March 27, 2006, the Planning Commission adopted Resolution No.
4019 approving Conditional Use Permit 06-001 to allow the JJ Music Studio
karaoke business,
C. That Condition 4.$ of Resolution No. 4019 limits the facility's daily operational
hours from 10:00 a.m. to 12:00 a.m. (midnight).
D. That the applicant submitted a request to the Community Development
Department to extend the hours of operation of the facility to 2:00 a.m. This
request was denied by the Director of Community Development.
E. That a public hearing was duly called, noticed, and held for said application on
February 23, 2010, by the Planning Commission.
F. That pursuant to Section 15270(a) of the Califomia Code of Regulations
(Guidelines for the Califomia Environmental Quality Act) CEQA does not apply
to projects which a public agency rejects or disapproves.
G. That in determining whether to approve the conditional use permit to extend the
hours of operation for the business to 2:00 a.m., the Planning Commission
must determine whether or not the proposed request will be detrimental to the
health, safety, morals, comfort, or general welfare of the persons residing or
working in the neighborhood, 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. A decision to deny this request may be supported
by the following findings:
That the business owner has a proven record of operating the
business in violation of the conditions of approval of Conditional
Use Permit 06-001 (Planning Commission Resolution No. 4019).
~.
Resolution No. 4144
Page 2
2. That the Police Department has witnessed the business operating
past the approved hours of midnight on February 26, 2009 (where an
assault and battery disturbance occurred) as well as on March 20,
2009, and on May 5, 2009.
3. That Police Department and the State Department of Alcoholic
Beverage Control investigations held on October 25, 2007 and April
3, 2009, reveal that the subject location has sold alcoholic
beverages without an alcoholic beverage license.
4. That pursuant to Police incident reports, the business has
experienced altercations between patrons involving assault and
battery on February 26, 2009 when operating beyond the approved
hours of operations (midnight) and the proposed extension of the
operational hours past midnight will be detrimental to the health,
safety, morals, comfort, and general welfare of the persons residing
and working in the neighborhood and the City as a whole.
The Planning Commission hereby denies Conditional Use Permit 09-035,
requesting to modify Condition 4.8 of Resolution No. 4019 and extend the hours
of operation to 2:00 a.m. for the JJ Music Studio located at 656 EI Camino Real.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held
on the 23rd day of February, 2010.
STEVE KOZAK
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution No. 4144
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. 4144 was duly
passed and adopted at a regular meeting of the Tustin Planning Commission, held on the
23~d day of February, 2010.
ELIZABETH A. BINSACK
Planning Commission Secretary