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HomeMy WebLinkAboutPC RES 4144RESOLUTION NO. 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 4.8 of Resolution No. 4019 limits the facility's daily operational hours from 10:00 a.m. to 12:00 a.m. (midnight). D. That Condition 4.5 of Resolution No. 4019 prohibits the sale and/or consumption of alcohol. E. That on December 2, 2009, 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. F. That a public hearing was duly called, noticed, and held for said application on February 23, 2010, by the Planning Commission. G. That 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. H. 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: Resolution No. 4144 Page 2 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 Conditions 4.5 and 4.8). 2. That the Police Department has witnessed the business operating past the approved hours of midnight, in violation of Condition 4.8 of Resolution No. 4019, 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 and in violation of Condition 4.5 of Resolution No. 4019. 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. II. The Planning Commission hereby incorporates by reference the staff report in its entirety and 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 23~d day of February, 2010. S OZAK Chairperson ~.,. ~-. ~° ~ ~6L.. ~ r ELIZABETH A. BINSA 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 23rd day of February, 2010. ELIZABETH A. BINSACK Planning Commission Secretary