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HomeMy WebLinkAboutPC RES 365914 20 "9 The P Ao a. C. De Eo F. RESOLUTION NO. 3659 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 99-003 AUTHORIZING THE PRESENTATION OF LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING 1,650 SQUARE FOOT COCKTAIL LOUNGE AT 672 EL CAMINO REAL. lanning Commission finds and determines as follows: That a proper application for Conditional Use Permit 99-003, was filed by Mr. Craig Wasserman on behalf of Nunya Enterprises, Inc., requesting authorization for the presentation of live entertainment in conjunction with the existing cocktail.lounge located at 672 El Camino Real, Tustin. That a public hearing was duly called, noticed and held on said application on March 22, 1999 by the Planning Commission. That the presentation of live entertainment is allowed with the approval of a Conditional Use Permit. That the establishment, maintenance, and operation'of the use applied for 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 a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: ., 1. The business is approximately 600 feet from the nearest residence.s, directly adjacent to a freeway, light industrial complex and commercial uses, most of which would be closed for business during the majority of the hours, when live entertainment is proposed to be presented, thereby minimizing the potential for negative noise impacts on adjacent properties. e The hours of operation of the existing cocktail lounge are not proposed to change, and the presentation of live entertainment will be prohibited between the hours of 2:00 a.m. and 6:00 a.m. 3. Outdoor amplification of the live entertainment shall be prohibited. 4, The business shall comply with all provisions of the Tustin Noise Ordinance. . The applicant has not requested approval to locate any sexually oriented business or use within the existing cocktail lounge. In addition, sexually oriented businesses are not permitted within the Central Commercial (C-2) zoning district. Therefore, no sexually oriented businesses will be conducted on the premises. That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). That 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. Resolution No. 3659 ~Conditional Use Permit 99-003 IMarch 22, 1999 Page 2 II. The Planning Commission hereby approves Conditional Use Permit No. 99-003 authorizing the presentation of live entertainment in conjunction with an existing cocktail lounge located at 672 El Camino Real, 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 held on the 22nd day of March, 1999. Planning Commission Secretary ]0 ~; TATE OF CALIFORNIA /I ~OUNTY OF ORANGE ITY OF TUSTIN ]6 ]? 21 -LESLIE A. PONTIOUS Chairperson ELIZABETH A. BINSACK, the .undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3659 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of March, 1999. 2~ 2~ EXHIBIT A RESOLUTION 3659 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 99-003 GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.5 Approval of Conditional Use Permit 99-003 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. Conditional Use Permit 99-003 may be reviewed on an annual basis, or. more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with the conditions of approval. If the use is not operated in' accordance with Conditional Use Permit 99-003, is found to be a nuisance or negative impacts are affecting the surrounding 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. Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. The applicant shall be responsible for costs associated with any necessary code enforcement action. USE RESTRICTIONS' (5) Live entertainment shall be presented entirely within the interior of the premises during normal business hours. No sexually oriented entertainment, figure' modeling, or fashion shows shall be conduct~ anywhere on the premises. (5) 2.2 Prior to the presentation of live entertainment within the premises, the applicant shall obtain an Entertainment Permit from the Director of Community Development. SOURCE CODES (1) STANDARD CONDITION (2) (3) (4) ($) CEQA MITIGATION (6) UNIFORM BUILDING CODE/S (7) DESIGN REVIEW *"~ RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhib!t .~, Resolutian No. 3659 Condi:ional Use Permit 99-003 March 22, 1999 Page 2 (5) 2.3 A maximum of two pool/billiard tables shall be permi~ed on the premises. Based on the City's Guidelines for Alcoholic Beverage Sales Establishments, pool/billiard tables are not permitted and as such, the ~vo existing pool/billiard tables in the subject establishment are considered nonconforming. (5) 2.4 A maximum of three coin operated video games shall be located on the premises. Based on the City's Guidelines for Alcoholic Beverage Sales Establishments, coin operated video games are not permitted and as such, the existing coin operated video games in the subject establishment are considered non-conforming. (5) 2.5 The business shall comply with the requirements of Assembly Bill 13, which pertains to smoke-free workplaces. (5) (5) 2.6 2.7 Based on the City's existing distance criteria for alcoholic beverage sales establishments and the use of the premises, the premises shall not be expanded beyond the existing size of approximately 1,650 square feet. The occupancy limits for the business, established by the City and Fire Codes, shall be strictly enforced by the manager on duty. (1) 2.8 Authorization for the presentation of live entertainment is contingent upon the use of the subject premises remaining a cocktail lounge. Should this use change or be' discontinued, authorization for this use permit is null and void. (5) 2.9 (1) 2.10 Live entertainment shall not be presented between the hours of 2:00 a.m. and 6:00 a.m. The Community Development Director may modify the hours of operation to eliminate or reduce any future nuisances or negative impacts resulting from the presentation of live entertainment. The business shall 'comply with 'all provisions of the Tustin Noise Ordinance (Tustin City Code Section 4600, et. al.). (5) 2.11 Outdoor amplification of the live entertainment shall be prohibited. (1) 2.12 "No loitering" signs shall be posted at the entrance of the business. (1) 2.13 Public telephones inside the establishment shall be modified to prevent incoming calls. SITE PLAN, FLOOR PLANS & ELEVATIONS (5) 3.1 The existing roof mounted sign shall be removed or shall be refaced to correctly identify the name of the business. Sign design review by'the Community Development Department shall be required prior to the installation of any new signs and prior to the face change of the existing roof mounted sign. With the exception of removal or face change, the Exhibit A Resolution No. 3659 Conditional Use Perm:.t 99-003 March 22, 1999 Page 3 existing non-conforming roof mounted sign shall modified, or changed in any way. not be enlarged, FEES (5) 4.1 Sr:.pcreso13659.doc 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 $38.00 (thirty-eight dollars) 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.