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HomeMy WebLinkAbout02 PC REPORT CUP 2016-08 KARAOKE MUSIC STUDIO • �L AGENDA REPORT ITEM #2 MEETING DATE; SEPTEMBER 13, 2016 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2016-08 TO ESTABLISH A KARAOKE MUSIC STUDIO AT 14561 & 14571 RED HILL AVENUE APPLICANT: PROPERTY OWNER SUNG HAK KO RICHTER FARMS TRUST JDS TOTAL DESIGN SOLUTION INTERPACIFIC ASSET MANAGEMENT CO. 3183 WILSHIRE BLVD., SUITE 610 LOS ANGELES, CA 90010 LOCATION: 14561 & 14571 RED HILL AVENUE GENERAL PLAN: COMMUNITY COMMERCIAL (CC) ZONING: RETAIL COMMERCIAL DISTRICT(C-2) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15301, CLASS 1 PERTAINING TO EXISTING FACILITIES REQUEST: TO ESTABLISH A KARAOKE MUSIC STUDIO WITHIN A 5,000 SQUARE FOOT TENANT SPACE AT AN EXISTING LARGE RETAIL CENTER LOCATED AT 14561 & 14571 RED HILL AVENUE �.. > Planning Commission Report September 13, 2016 14561& 14571 Red Hill Avenue Page 2 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4319 approving CUP 2016-08 to establish a karaoke music studio in an existing 5,000 square foot tenant space located at 14561 & 14571 Red Hill Avenue. APPROVAL AUTHORITY: Tustin City Code (TCC) Section 9233b9 requires the approval of a CUP for the establishment of a karaoke music studio. TCC Section 9291c authorizes the Planning Commission to review and take action on CUPs. BACKGROUND AND DISCUSSION: Site Location The project site is located at the southwest corner of Red Hill Avenue and Walnut Avenue in a Large Retail Center (over 30,000 square feet) within the Retail Commercial Zoning District (C-2) and Community Commercial (CC) General Plan Land Use Designation. The site consists of three (3) parcels which include a gas station, a drive- through restaurant, and twelve (12) commercial tenant spaces. Surrounding properties in close proximity include townhouses zoned R-3 (Multi-family Residential) and Broadmoor single-family residences zoned R4-PD (Suburban Residential District, Planned Development) to the east across Walnut Avenue, a single- family residential neighborhood zoned PC-RES (Planned Community Residential) across Red Hill Avenue to the east, townhomes zoned R-4 PD (Suburban Residential District, Planned Development) to the south, and an apartment complex zoned R3 (Multiple Family Residential) to the west. The existing property is a 233,968 square-foot lot (5.37 acres) and the existing commercial center is 55,792 square feet in area. The commercial center is developed with 263 parking spaces. k3 R. 1. R3 x l f �t mac= t Figure 1 —Zoning Map and Aerial Planning Commission Report September 13, 2016 14561& 14571 Red Hill Avenue Page 3 Project Description The applicant proposes to operate a karaoke music studio by combining two (2) connected commercial spaces into one (1) 5,000 square foot tenant space at 14561 and 14571 ,Red Hill Avenue. The applicant currently owns and operates a karaoke music studio in the City of Buena Park. Typically, customers arrive in groups and rent a soundproof booth for an hour or more, for the purpose of singing along with amplified music of popular songs provided by-.a karaoke music machine. A television screen provides words to lyrics to songs. Karaoke contests are also popular. Proposed tenant improvements to construct twelve (12) soundproof booths ranging from 134 square feet to 211 square feet would provide seating for between five (5) and fourteen (14) customers, depending on the.room. Each booth would include a karaoke machine, couch and table. Pursuant to Condition 2.6, lighting will be of sufficient wattage to see inside the booth and light switches will not be.permitted in the-booths. In addition, the doors of the karaoke booths would have a 2-foot by 2-foot window for monitoring and would not have locks. (See Figure 2, Proposed Floor Plan) �. d4 rl�___ 4 I El o I � e 1 v rT � o 4 5 a m liyJ 1 ❑ _ _ ❑ I xx� C7 e ❑ ❑ Figure 2- Proposed Floor Plan Planning Commission Report September 13, 2016 145618 14571 Red Hill Avenue Page 4 The applicant also proposes to prepare and serve food from a menu consisting of finger foods such as chicken wings and hot dogs, pre-packaged items and nonalcoholic beverages. The plans include a kitchen which will require Orange County Environmental Health permits. Pursuant to Condition 2.3, alcohol will not be allowed on the premises. Hours of Operation The applicant requests hours of operation between 2:00 p.m. and 2:00 a.m., seven (7) days per week. Karaoke rooms would be rented between the hours of 3:00 p.m. and 2:00 a.m. The establishment will also restrict individuals under the age of 18 from being at the facility after 8:00 p.m. Staff is recommending that the hours be limited to 2:00 p.m. to 12:00'a.m., similar to other businesses in the center and in consideration of the close proximity to residential uses. Hours of operation for the drive-through restaurant and a sit-down restaurant in the center are 12:00 a.m. and 11:00 p.m., respectively.. As part of the interdepartmental review of the application for a CUP, the Tustin Police Department (Tustin PD) contacted the Buena Park Police Department on August 10, 2016, to obtain information, about :the applicant's existing karaoke music studio operating at 7241 Orangethorpe Avenue in the City of Buena Park. Tustin PD learned that Buena Park Police Department had conducted no formal investigations and had filed no charges against the business, -but it had received information that patrons had been seen bringing red cups into the business, indicative of alcohol use on site, and females had gathered and loitered outside the establishment in a van. The Tustin PD does not recommend denial of the CUP; however, it did express concern about after- midnight hours of operation. Staff also contacted the City of Buena Park Planning Division and was advised that the Planning and Code Enforcement Divisions have had no record of complaints about the business operation and that it has been operating in compliance with the CUP requirements. Based on Tustin PD's concern about late-night business operations, the location of the business in close proximity to residential uses and the operating hours of existing businesses in the center, staff recommends that hours be limited to 2:00 p.m. to 12:00 a.m. daily. Should the business operate successfully over the coming months with no complaints, it could apply to the Director of Community Development for an extension of the hours with a proven track record. Alcoholic Beverages As can be seen from Attachment A, Location Map, the project site is located within 300 feet of residential uses. According to TCC 9271 dd2a,. businesses other than a bona fide restaurant are subject to a minimum separation requirement of 1,000 feet from a residentially zoned property for on-site alcohol sales. Therefore, the proposed karaoke music studio could not be approved for onsite alcohol sales under any circumstances as Planning Commission Report September 13, 2016 14561& 14571 Red Hill Avenue Page 5 the karaoke music studio would not be a bona fide restaurant; food services would be ancillary to the karaoke business. Parking Pursuant to TCC 9264a5, a retail center is considered a Large Retail,Center for parking purposes when it exceeds 30,000 square feet. As indicated above, the subject retail center is 55,792 square feet and therefore parking requirements for a Large Retail Center would apply. Under TCC 92638, Table 1,, the parking requirement is 4.5 spaces for each 1,000 square feet of gross floor area, which results in a requirement for 252 parking spaces to serve the entire center. There are 263 onsite parking spaces which adequately provides for all onsite uses, including the proposed karaoke music studio. (See Figure 3, Site Plan) PxL'gEHTY 119E tem, i 1 2l 4l5 67 691011112 L'I4 261 U PROPGESFO fRPA 111 ncx1a623L 7T 4212017 1e,!16 Is AP.M.932-171-11 "M` ,,.ro 1A 72.#2-17 (m..r m On.i10 LTi} 217 [ N 1 � \ , rt33111 � IE4,w 1) ll �i � / / W.W 61P.1 f3 ■■ L 2L9 1 2f8 ., 2:9 F 1 F r..' 76779—1 b 'I �i 67 —77 966! 6:111 I'1!. R13J IYSe1 16G 162 C bbrpgl 1 ,�P.t1.4l[-371-1� 1¢A 6! 7/ 91 113 126 ! i9 A-0 7A 92 111 I2T H1 1e5 1T9 1& ^ - ` 37 I'� 65 71 93 115 12d 112 159 171 195 1 ,>A 151 66 m W .11B 129 !/]47 172 IA9 a C 1 A 157 Ai 6 95' IV 139 FP 15A g A?.p.{32-771 (T� ` i w 91 W [t' W. BB 116 131 115 lei 174 Im b f114II991�08 :69 1T 121 136 Iy 16 im 191 -. as^ swssga�sass�� b 4 tF R --- - RED HILL AVE Figure 3—Site Plan Environmental Review The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1 — Existing Facilities). This Categorical Exemption allows for the licensing of existing facilities involving°negligible or no expansion of use beyond that which was existing at the time of the determination. There is no public review required. Planning Commission Report September 13.. 2016 14561& 14571 Red Hill Avenue Page 6 FINDINGS In determining whether to approve the CUP for the proposed karaoke music studio, the Planning Commission must determine whether or not the proposed use 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 approve this request may be supported by the following findings: 1) The proposed use, as conditioned, would not be detrimental to the surrounding properties in that the use would occur entirely within the building and would be conditioned to comply with the Tustin Noise Ordinance and General Plan Noise Element. 2) As conditioned, the hours of operation will be consistent with other uses in the center. 3) The proposed use, as conditioned, would not create a noise impact on the surrounding neighborhood because the karaoke booths would be made soundproof and Condition 2.1 prohibits loitering outside the business. 4) The hours of operation and type of business are consistent with other businesses within the same commercial center and the C-2 zoning district in general. 5) Alcoholic beverages are prohibited at the site in accordance with TCC 9271 dd2a, which subjects onsite alcoholic beverage sales establishments, other than restaurants, to a minimum distance requirement of 1 ,000 feet from any residentially zoned or used property. Residentially zoned properties are located within 1 ,000 feet of the subject property to the north, south, east and west and alcoholic beverage sales are therefore prohibited at this site. 6) As conditioned, the proposed use would not result in any parking impacts because the onsite parking adequately provides for all existing and proposed uses. 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. Staff recommends that the Planning Commission adopt Resolution No. 4319 approving CUP 2016-08 to conditionally permit karaoke music studios within the Retail Commercial (C-2) zoning district at 14561 & 14571 Red Hill Avenue. Elaine Dove Elizabeth A. Binsack Senior Planner Director of Community Development Planning Commission Report September 13, 2016 14561& 14571 Red Hill Avenue Page 7 Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Planning Commission Resolution No. 4319 ATTACHMENT A Location Map LOCATION MAP 14561 & 14571 Red Hill Avenue �x PROJECT SITE , q�F , 300' �O 500 �Y \' Hour ctFt dC)Ull4fiwrrofnw,NR t r fl ` L fill r a � � ATTACHMENT B Land Use Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2016-08 2. LOCATION: 14561 - 14571 Red Hill Ave. 3. LOT:_ BLOCK: 50 TRACT: 361 4. APN(S): 432-171-11, 432-171-12 4. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: CUP 01-28: Sign Program DR 01-013: Fagade Renovation DR 10-008: Shopping Cart Containment Program for market DR 2012-009: Shopping Cart Containment Program DR 2014-011: Tenant Improvements and Cart Containment Program for 99 cents only store 6. SURROUNDING LAND USES: NORTH: Residential SOUTH: Residential EAST: Residential WEST: Residential 7. SURROUNDING ZONING DESIGNATION: NORTH: (Across Walnut Ave.) R3 (Multiple Family Residential) & R4 PD (Suburban Residential District, Planned Development) SOUTH: R4 PD (Suburban Residential District, Planned Development) EAST: IAcross Red Hill Ave.) PC-RES (Planned Community—Residential) WEST: R3 (Multiple Family Residential) 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: (Across Walnut) High Density Residential (HDR) SOUTH: High Density Residential (HDR) EAST: (Across Red Hill) Planned Residential Community(PRC) WEST: High Density Residential (HDR) 9. SITE LAND USE: EXISTING PROPOSED Use: Commercial No Change Zoning: Retail Commercial (C-2) No Change General Plan: Community Commercial (CC) No Chancre DEVELOPMENT FACTS: 10. 'LOT AREA: 233,968 S.F. or 5.37 ACRES 11. BUILDING LOT COVERAGE: 100% MAX. PERMITTED NIA PROPOSED 12. SITE LANDSCAPING: NIA REQUIRED NIA PROPOSED 13. OPEN SPACE: NIA REQUIRED NIA PROPOSED 14. PARKING: 4.5 spaces/1,000 sq. ft. NIA PROPOSED 15. BUILDING HEIGHT: 50 feet MAX. PERMITTED NIA PROPOSED 16. BUILDING SETBACKS: NIA(Existing) NIA(Existing) 17. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) - NIA(Existing) Forms:LandUseApplicationFactSheet ATTACHMENT C Submitted Plans Luk w r w $ Y 0 L) a I i B11 11 lip y 1111 WALNUT AVE i PRoPEtrr calve (soo') N I � b 4 M � � � - - Q s£z Q a � N N N ro£z a ££z UZ I£Z ^� to OR fizz 9ZZ N LN 9ZZ z tzz a + I EN ¢ 6lZ ZZZ 1SLLM39-7 - BlZ IN 114 1 OZZ PROPERTY LINE (15&Llz 909 a W ->I 69Z SLIM I 8SZ �j„ � � m _ mmm_ m Of _ OOlZ 22 NZ - - - - NZ kwomns ZlZ won M1 M1 n n fi0Z I -I J_ ltz LOZ = 59ZV ro9Z 90Z I £9Z 50Z 0 S5Z ® W 09Z n_ vvv v v � vvaa � nNr. ZDZ � ® - 03 44Z Iv Iw � 66l m $fit Rl O� N N N N n � 5fil I4 mQ - I N H a � _ ffi1 4 I 111 ti OU I Il ®� t t 90l LOL I Qi 90l nn nn 5011 EDL w aw �_ss�tirce � p Lu n I m I h N n 7T- O a, I ^c x Lm n I -4 n `t I n a < M T aom Isra N z ' would C4 Q (SKIN MM) e7 N I N 4 n I Z - LfrJYA H d - N < I a b ----------- 3NI7 J kill cn S 1 lip ° HI a ; i a+ m O u ww tor o Ii 4 lei ja 11m — � 40, m i C 8 ® e JL H G Pd _ El I I 1 e g w a 3aaddad �� � 01 Q R d t Im =.4E s a N ATTACHMENT D Planning Commission Resolution No. 4319 RESOLUTION NO. 4319 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2016-08 FOR A KARAOKE MUSIC STUDIO WITHIN A 5,000 SQUARE FOOT TENANT SPACE AT AN EXISTING LARGE RETAIL CENTER LOCATED AT 14561 & 14571 RED HILL AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: 1. The Planning Commission finds and determines as follows: A. That proper application has been submitted by Sung Hak Ko to establish a karaoke music studio at an existing Large Retail Center located at 14561 & 14571 Red Hill Avenue. B. Pursuant to Tustin City Code (TCC) Section 9233b9, a karaoke music studio is permitted in the Retail Commercial District (C-2) with the approval of a Conditional Use Permit (CUP). C. That the site is zoned as,Retail Commercial District (C-2) and has a General Plan land-use designation of Community Commercial where a variety of retail, office and service oriented business activities are permitted to serve Iocal, as well as broad market areas. 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. D. That a public hearing was duly called, noticed, and held on said application on September 13, 2016, 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 of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare, 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 and would be conditioned to comply with the Tustin Noise Ordinance and General Plan Noise Element. 2. As conditioned, the'hours of operation will be consistent with other uses within the center. Resolution No. 4319 Page 2 3. The proposed use, as conditioned, would not create a noise impact on the surrounding neighborhood because the karaoke booths would be made soundproof and Condition 2.1 prohibits loitering outside the business. 4. The hours of operation and type of business are consistent with other businesses within the same commercial center and the C-2 zoning district in general. 5. Alcoholic beverages are prohibited at the site in accordance with TCC 9271 dd2a, which subjects onsite alcoholic beverage sales establishments, other than restaurants, to a minimum distance requirement of 1,000 feet from any residentially zoned or used property. Residentially zoned properties are located within 1,000 feet of the subject property to the north, south, east and west and alcoholic beverage sales are therefore prohibited at this site. 6. As conditioned, the proposed use would not result in any parking, impacts because the onsite parking adequately provides for all existing and proposed uses. 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. F. The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1 — Existing Facilities). This Categorical Exemption allows for the licensing of existing facilities involving negligible or no expansion of use beyond that which was existing at the time of the determination. II. The Planning Commission hereby approves CUP 2016-08 authorizing the establishment of a karaoke music studio within a 5,000 square foot tenant space at an existing large Retail Center located at 14561 & 14571 Red Hill Avenue. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 13th day of September, 2016 AUSTIN LUMBARD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4319 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. 4319 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held. on the 13th day of September, 2016. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4319 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT(CUP) 2016-08 14561 & 14571 RED HILL AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 13, 2016, 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 (TCC). (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 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 and associated fee are received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 2016-08 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 CUP 2016-08 may be reviewed as often as necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with CUP 2016-08, or is found to be a nuisance or negative impacts are affecting the neighborhood, the SOURCE CODES (1)STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2)CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4319 Page 2 Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the CUP. (1) 1.6 This condition shall serve as a pre-citation and to inform the responsible person(s) of the compliance requirements pursuant to the Tustin City Code (TCC) and/or other applicable codes, laws, and conditions. Failure to comply with the conditions of approval set forth herein may result in the issuance of an administrative citation pursuant to TCC 1162(a). Fines may be assessed by means of an administrative citation as follows: $100.00 for a first violation; $200.00 for,a second violation of the same ordinance or permit within one year of the first violation; or $500.00 for a third or any further violation of the same ordinance or permit within one year of the first violation. Building and Safety Code (TCC Sec. 8100 — 8999) violations may be assessed at $100.00 for a first violation; $500.00 for a second violation of the same ordinance or permit within one year of the first violation; or $1,000.00 for a third or any further violation of the same ordinance or permit within one year of the first violation. The City may also take further legal action including issuing the responsible person(s) a criminal citation and/or abating the violation(s) with the cost of such abatement and/or prosecution assessed against the responsible person(s), the property owner(s), and/or the property as a lien. (1) 1.7 As a condition of approval of Conditional Use Permit 2016-08, 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 the defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance, Exhibit A Resolution No. 4319 Page 3 USE RESTRICTIONS (5) 2.1 "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. (5) 2.2 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. (1)9 2.3 The sale and/or consumption of alcohol is prohibited; no alcohol is (5) allowed on the premises. (5) 2.4 Hours of operation shall be restricted to the following: MONDAY—SUNDAY OPENING TIME: 2:OO,P.M. CLOSING TIME: 12:00 A.M For purposes of this condition, the phrase "closing time" shall mean all customers have left the premises. 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. (1) 2.5 All karaoke rooms shall maintain non-locking door hardware and a minimum of 24-inch by 24-inch clear glass window for visibility into each room from the central hallway. (1), 2.6 Interior lights shall be of .a sufficient wattage so that everything in the (5) booth can easily be seen from the common areas. No light switches are permitted in the booths. (5) 2.7 No amusement devices other than karaoke machines, including but not limited to video games shall be permitted. (5) 2.8 No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code (5) 2.9 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. (5) 2.10 Signage shall comply with the Red Hill Village Shopping Center Master Exhibit A Resolution No. 4319 Page 4 Sign Program. (5) 2.11 Prior to occupancy, the Applicant shall obtain all applicable permits and inspections from the City of Tustin and the Orange County Health Department for the commercial kitchen and food preparation. NOISE (1) 3.1 All activities shall comply with the City's Noise Ordinance. PLAN SUBMITTAL (1) - 4.1 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. (1) 4.2 Prior to issuance of building permit, Orange County Fire Authority approval may be required. (1) 4.3 Prior to issuance of building permit, Orange County Environmental Health approval is required. (1) 4.4 Waste Recycling and Reduction Plan: a. Construction. and Demolition Waste Recycling and Reduction Plan (WRRP). b. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (TCC Section 4351, et al) to recycle at least fifty (50) percent of the project waste material or the amount required by the California Green Building Standards Code. c. 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 in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $2,500, whichever is greater. In no event shall a deposit exceed $25,000. d. Prior to issuance of a 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". (1) 4.5 Prior to issuance of a building 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". Exhibit A Resolution No. 4319 Page 5 (1) 4.6 Prior to issuance of a sign permit, the applicant shall submit for review and approval a master sign plan for the property. FEES (1) 5.1 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 (1) 5.2 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 the 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.