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HomeMy WebLinkAbout04 KARAOKE MUSIC STUDIO 14561_14571 RED HILL I AGENDi►A REPORT ITEM #4 MEETING DATE, JUNE 13, 2017 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT (CUP) 2017-07 TO EXTEND THE HOURS OF OPERATION FOR 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 5505 GARDEN GROVE BLVD., SUITE 150 LOS ANGELES, CA 90010 WESTMINSTER, CA 92683 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: EXTEND THE HOURS OF OPERATION OF A KARAOKE MUSIC STUDIO WITHIN A 5,000 SQUARE FOOT TENANT SPACE AT AN EXISTING LARGE RETAIL CENTER LOCATED AT 14561 & 14571 RED HELL AVENUE r . -r Planning Commission Report June 13, 2017 14561& 14571 Red Hill Avenue Page 2 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4342 approving Conditional Use Permit (CUP) 2017-07 to extend the hours of operation for a karaoke music studio in an existing 5,000 square-foot tenant space located at 14561 & 14571 Red Hill Avenue. APPROVAL AUTHORITY: On September 13, 2016, the Planning Commission adopted Resolution No. 4319 approving CUP 2016-08 for a Karaoke Music Studio at 14561 and 14571 Red Hill Avenue (Attachment F). Condition No. 2.4, of Resolution 4319, states that: "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." As discussed below, staff is referring this request for modification of the Conditions of Approval to the Planning Commission for review. BACKGROUND AND DISCUSSION: Site Location and Surrounding Uses 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 (Attachment A: Location Map). 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 north 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, Punned 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. Planning Commission Report June 13, 2017 14561& 14571 Red Hill Avenue Page 3 R a P r• RI R: r` i r Figure 1 -Zoning Map and Aerial Previously Approved Entitlement CUP 2016-08 On September 13, 2016, the Planning Commission adopted Resolution No. 4319 approving a CUP 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 applicant requested operating hours from 3:00 p.m. to 2:00 a.m. A copy of the Agenda Report dated September 13, 2016 is attached for reference (Attachment D). The Planning Commission, via Condition No. 2.4 of Resolution No. 4319, limited the hours of operation from 2:00 p.m. to 12:00 midnight for consistency with the center and concerns about noise, but authorized the Community Development Department to review hours and approve a change in hours if no adverse impacts resulted from the operations. in addressing concerns from the public about potential noise, loitering, etc., the Planning Commission considered six (6) letters received from nearby residents in opposition to the project, three (3) speakers in opposition to the project, input from Tustin Police Department contained in the staff report and the testimony of the applicant's representative and the applicant (See Planning Commission Minutes, Attachment E; the Planning Commission Video may be viewed at http://tustin.granicus.com/MediaPlayer.php?view id=5&clip id=1265). Condition No. 2.5 of Resolution No. 4319 required that the karaoke rooms be sound attenuated and, if necessary, attenuation be added to the remainder of the tenant space to ensure adequate protection of the surrounding residential uses (Attachment F). Planning Commission Report June 13, 2017 14561 & 14571 Red Hill Avenue Page 4 Current Application CUP 2097-07 The karaoke business received its Certificate of Occupancy on March 3, 2017, and opened for business the same day. On March 12, 2017, the Community Development Department received correspondence from the business owner requesting that their hours be extended to 2:00 a.m. because they were unable to attract customers due to their daily closing time at 12:00 midnight (Attachment C). The letter indicated that most customers prefer karaoke after dining out in the late evening hours and staying until 2:00 a.m. In addition, the applicant indicates that because their competition is open until 2:00 a.m., they are unable to compete fairly due to early closing hours and that they are losing substantial sums of money as a result. The applicant has included a spreadsheet showing their daily receipts for March and April, 2017 (Attachment C). The applicant refers to Shout Karaoke located at 656 El Camino Real which is open until 2:00 a.m. Shout Karaoke opened in 2006 (CUP 06-001, Resolution No. 4019), which initially restricted the hours to 10:00 a.m. to 12:00 Midnight. In February, 2009, the owner filed a request to extend the hours to 2:00 a.m. The application was denied per Resolution No. 4144 due to multiple violations and police calls for service at the site. In October, 2010, the Director of Community Development determined that the business had established a record of operating within its conditions of approval with no police activity and therefore administratively approved a modification to extend the hours until 2:00 a.m. A nine (9) month period of time transpired between the denial and the new request for extended hours and, during that time, the business complied with all of its conditions of approvals. Community Development Department policy provides that modifications to business operations should be addressed following a six (6) month period of operations wherein the business can be established with no violations or complaints on record and the Community Development Director can make an informed decision as to whether impacts to the community would occur if conditions of approval are modified. The six- month period, based on opening in March, would end in September, 2017. On April 26, 2017, the Community Development Department received an application from the business owner to extend hours of operation for Voko Karaoke until 2:00 a.m. (Attachment C). Due to the short period of time in operating the karaoke business, the number of nearby residents who addressed concerns at the Planning Commission, and the Planning Commission's comments at the public hearing, the Community Development Department defers to the Planning Commission to consider the request to extend operating hours. Planning Commission Report June 13, 2017 14561& 14571 Red Hill Avenue Page 5 DISCUSSION Voko Karaoke has been operating for approximately three (3) months. The primary use of the business is for karaoke entertainment purposes, but it also contains a full kitchen and provides meals and snacks to its patrons. Individual rooms vary in size for small groups and one large-group room, the kitchen and a waiting area make up the tenant space. Sale and/or consumption of alcohol is prohibited on the premises pursuant to Condition No. 2.3 of Resolution No. 4319 (Attachment F). In support of its request, the applicant has submitted a letter outlining the marketing and advertising efforts it has undertaken to get the business running successfully, but indicates that the business is suffering economically(Attachment C). Thus far, the business has complied with all of the Conditions of Approval contained in Resolution No. 4319. As of the writing of this agenda report, the Tustin Police Department has received no complaints of noise or made any service calls to the site. Alcohol is not sold at the business and the applicant has not requested a modification to allow sales or consumption of alcoholic beverages. The pertinent Conditions of Approval from Resolution No. 4319 are carried forward in proposed Resolution No. 4342 so that if, upon extending the hours of operation, impacts occur, the City can take appropriate action to address them. 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. FINDINGS In determining whether to approve an extension of operating hours as set forth in Planning Commission Resolution No. 4319, 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. Planning Commission Report June 13, 2017 14561 & 14571 Red Hill Avenue Page 6 2) That the Building Division has issued a Certificate of Occupancy and the tenant improvements have been completed in compliance with Conditions of Approval contained in Resolution No. 4319. 3) The proposed use, as conditioned, would not create a noise impact on the surrounding neighborhood because the karaoke booths have been made soundproof and Condition No. 2.1 of Resolution No. 4319 prohibits loitering outside the business. 4) That the Tustin Police Department has received no complaints or responded to any service calls to the karaoke business and there have been no substantiated code enforcement complaints since receiving its Certificate of Occupancy. 5) That pertinent Conditions of Approval from Resolution No. 4319 are carried forward in Resolution No. 4342 so that if, upon extending the hours of operation impacts occur, the City can take appropriate action to address them. 6) 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. 7) That, as conditioned, upon notice by the City to the business, the business shall revert back to closing at 12:00 Midnight if the City receives six (6) calls for service and/or substantiated code enforcement complaints. Staff recommends that the Planning Commission adopt Resolution No. 4342 approving CUP 2017-08 to extend the hours of operation from 12:00 Midnight to 2:00 A.M. closing time for the karaoke music studio within a 5,000 square foot tenant space at an existing large retail center located at 14561 & 14571 Red Hill Avenue, Elaine Dove Elizabeth A. Binsack Senior Planner Director of Community Development Attachments: A. Location Map B. Land Use Fact Sheet C. Correspondence from Applicant dated March 12, 2017, Correspondence from Applicant dated April 25, 2017, Application dated April 26, 2017 and Receipts Spreadsheet i Planning Commission Report June 13, 2017 14561 & 14571 Red Hill Avenue Page 7 D. Agenda Report dated September 13, 2016 E. Planning Commission Minutes, September 13, 2016 F. Planning Commission Resolution No. 4319 G. Planning Commission Resolution No. 4342 ATTACHMENT A Location Map LOCATION MAP 14561 & 14571 Red Hill Avenue P�4� PROJECT SITE 'f J �' 4tH , � 7 P _ 300' 500 M1 �� < �I 6ARSV G1R. r IC1`7ltltQi.+r CrO+r MIT i .� oc�3M /11 �a 1 It fl f�f j f 1100, xx ,A w1 f ^w .�L r � a 5 ' ATTACHMENT B Land Use Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2017-07 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 CUP 2016-08 CUP to Establish a Karaoke Music Studio 6. SURROUNDING LAND USES: NORTH: Residential SOUTH: Residential J 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: (Across 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 Change 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 Correspondence from Applicant dated March 12, 2017, Correspondence from Applicant dated April 25, 2017, Application dated April 26, 2017 And Receipts Spreadsheet Voko Karaoke 14561 Red Hill Ave.,Tustin, CA 92780 Ms. Elaine Dove March 12, 2017 Senior Planner Community Development Department 300 Centennial Way Tustin, CA 92780 RE: Conditional Use Permit CUP 4016-08 and Planning Commision Resolution No.4319 for Voko Karaoke located at 14561 & 14571 Red Hill Avene. Dear Elaine, With reference to the above CUP 4016-08 and PC Resolution#4319,we are requesting to extend our operating hours to 2:00 AM daily instead of the current authorized hours of operation from 2:00 pm to 12:00 am daily.This business hours'amendment is very much needed for the survival of our business as it has been over a month now since we opened our doors on Mar-10-2107 and we are unable to attract customers due to our current daily closing time set at 12:00 am. In spite of our aggressive spending in for marketing and advertising efforts including Google,Social Media,Ad Flyers, Banners, Korean Radio and local Newspaper Ads, we are still not attracting enough customers due to the fact that we are NOT open past 12:00 am. Based on the customer phone calls and feedback from our clientele,we learned that they like to come in late evening hours mostly after dinner time around 11:00 pm and like Karaoke singing for 2 or more hours and do not like to visit us learning that we close at 12:00 am. Most of the Karaoke singers spends at least 2-3 hours singing, having fun, and improving their singing talent. Our Karaoke clientele is usually in groups of 2 or more people. Here are the other reasons to justify our need to extend the business hours to 2:00 am daily: • Our competition,another Karaoke studio at 656 EI Camino Real, is open until 2:00 am daily and we are unable to compete with them fairly due to our current daily closing time set at 12:00 am. We would like to keep our doors open until 2:00 am to compete with our competition square and fairly. • So far and as per our knowledge, we do have any violations or complains from Tustin Police or surrounding businesses areas. • We are economically suffering(losses of$20,000/month) and hurting with losses due to lack of potential business.We have already invested above$600,000 and it is very hard in making the interest payments and keep the business running with losses.We are in a dire situation to keep this business afloat with capital as it has been over a year since we started and building this project from ground up by investing thousands of dollars so far. We have been operating in compliance with the conditions of approval.Therefore, we request the Community Development Department to approve our daily hours of operation from 2:00 pm to 2:00 am.This will really help us attract more customers to our business and thus make us profitable. Thank you very much. Sincerely, Simon Y , Partner,Voko Karaoke,Tustin, CA Voko Karaoke 14561 Red Hill Ave.,Tustin, CA 92780 Ms. Elaine Dove April 25, 2017 Senior Planner Community Development Department 300 Centennial Way Tustin, CA 92780 RE: Conditional Use Permit CUP 2016-08 and Planning Commission Resolution No.4319, and Use Restrictions item#2.4 on page 3. for Voko Karaoke located at 14561& 14571 Red Hill Avenue. Dear Elaine, With reference to the above CUP 2016-08 and PC Resolution#4319,and Use Restrictions(pg 3)section item#2.4-Hours of operation restriction for MONDAY-SUNDAY Opening Time:2:00 pm and Closing Time: 12:00 am,we are requesting a modification to the above Use Restrictions#2.4 Closing time from 12:00 am to 2:00 am (Monday-Sunday).This business hours of operation modification is very much needed for the survival of our business as it has been running in heavy losses since we opened our doors in March 2017.We are unable to attract potential customers due to our current daily closing time set at 12:00 am. In spite of our aggressive efforts and spending for marketing and advertising in Google, Yelp,Social Media,Ad Flyers, Banners, Korean Radio and local Newspaper Ads, we are still unable to attract enough customers due to the fact that we close at 12:00 am. Based on customer phone calls and feedback,we learned that the clientele in our demographics likes to come in late evening hours& mostly after dinner time around 10:30 pm or 11:00 pm to use Karaoke studio facility for 2 or more hours.Customers do not want to visit our business when they learn that we close at 12:00 am when all our competitors are open until 2:00 am. Majority of the Karaoke singers come in groups (of 2 or more) and spend at least 2-3 hours singing, having fun,and improving their singing talent. Here are the other reasons to justify our need to extend the business hours to 2:00 am daily: • Our competition, another Karaoke studio at 656 EI Camino Real, is open until 2:00 am daily and we are unable to compete with them fairly due to our current daily closing time set at 12:00 am. We would like to keep our doors open until 2:00 am to compete with our competition square and fairly. • So far and as per our knowledge,we do have any violations or complains from Tustin Police or surrounding businesses areas. • We are economically suffering(losses of$20,000/month) and hurting with losses due to lack of potential business.We have already invested above$600,000 and it is very hard in making the interest payments�and keep the business running with losses.We are in a dire situation to keep this business afloat with capitai as it has been over a year since we started and building this project from ground up and investing thousands of dollars so far. We have been operating in compliance with the above conditions of approval.Therefore,we,request the Community Development Department to approve our daily(Mon-Sun) hours of operation from 2:00 pm to 2:00 am.This will really help us attract more customers to our business and thus make us more competitive and profitable. Thank you very much. Sincerely, Simon Yoon, / �l A11-14Y Partner,Voko Karaoke,Tustin, CA EXHIBIT"A" Legal Description FarAPNIParcel IDs : 432471 11 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE,STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: PARCEL NO,1: THE SOUTHEAST 450 FEET OF THE EASTERLY ON&QUARTell OF LOT 50,PLAT 1 OF A SUBDIVISION OF A PORTION OF THE RANCHO'SANTIAGO DE SANTA ANA AND SAN JOAQUIN,IN THE CITY OF TUSTIN,COUNTY OF ORANGE,STATE OF CALIFORNIA,AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 7 OF MISCELLANEOUS MAPS, OF LOS ANGELES COUNTY, CALIFORNIA. EXCEPTING THE NORTHEASTERLY 190.00 FEET OF THE SOUTHEASTERLY 290.00 FEET OF SAID LAND. PARCEL NO.2: AN EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF THE NORTHEASTERLY 190 FEET OF THE SOUTHEASTERLY 200 FEET OF LOT 50,PLAT 1 OF A SUBDIVISION OF A PORTION OF THE RANCHO SANTIAGO QE SANTA ANA AND SAN JOAQUIN,AS SHOWN ON A MAP RECORDED IM BOOK 6,PAGE 7 OF MISCELLANEOUS MAPS,OF LOS ANGELES COUNTY, CALIFORNIA,DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 1 DESCRIBED IN THE DEED RECORDED JUNE 19, 1969 IN BOOK 8994, PAGE 444 OF OFFICIAL RECORDS; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE THEREOF 160 FIST TO THE NORTHWESTERLY LINE OF REDLINE AVENUE DESCRIBED IN PARCEL 162 IN A DEED RECORDED JUNE 25, 1967 IN BOOK 8291, PAGE 856 OF OFFICIAL RECORDS; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE OF REOHILL AVENUE 5,00 FEET; THENCE NORTHWESTERLY IN A DIRECT LINE TO THE POINT OF BEGINNING. C!YA PromlaW S"at Porta•Moddlcd 111/1 06) PMLtct 03.4.18(0 0Z12 AM 3 CA-CT-FLM-02 10-111602542 Voko Karaoke&Restaurant 14561 Red Hill Ave.,Tustin, CA 92780 Monthly Sales Report-2017 March Aprif Date Day Tota6 Sales Date Day Total Safes 1-Mar Wed - 1-Apr Sat - 2-Mar Thu - 2-Apr Sun - 3-Mar Fri 3-Apr Mon 70.00 4-Mar Sat 4-Apr Tue - 5-Mar Sun 5-Apr Wed 30.00 6-Mar Mon 6-Apr Thu - 7-Mar Tue 7-Apr Fri 131.20 j-Mu Wed 8-Apr Sat 26.00 9-Mar Thu 9 Apr Sun 10-Mar Fri 63.00 10-Apr Mon 30.00 11-Mar Sat - 11-Apr Tue 170.00 12-Mar Sun — 12-Apr Wed - 13-Mar Mon 165 18 13-Apr Thu 9997 14 Mar Tue 14-Apr Fri 252,94 — — 15-Mar Wed 15-Apr Sat 30.00 16-Mar Thu 16-Apr Sun 134.50 17-Mar Fri - 17-Apr Mon 18-Mar Sat 27.90 18-Apr Tue 104.50 19-Mar Sun 111.70 19-Apr Wed 20-Mar Mon 144.38 20-A:,r' Thu 21-Mar Tue - 71 A;7r Fri 22 Mar Wed 22-AP Sat 110.98 23-Mar Thu 211.45 2' sur Sun 27650 24-Mar Fri 181.20 24 Apr IMon 30.00 25-Mar Sat 116.80 2S-Apr ITue 36.00 26-Mar Sun 118.50 26-Apr Wed 27-Mar Mon 84.00 27-Apr 11Thu 28-Mar Tue 45.00 28-Apr Fri 29-Mar Wed 2.00 29-Apr Sat 30-Mar Thu - 30-Apr Sun 31-Mar Fri 125.14 - MARCH Total $ 1,396.25 APRdL TOTAL $ 1,532.59 ATTACHMENT D r Agenda Report dated September 13, 2016 AGENDA, REPORT ITEM 42 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 REGI 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 OU r 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. cis `Z .ter A.. Figure 1 -Zoning Map and Aerial Planning Commission Report September 13,2016 14561814571 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 14.571 ,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 karaoRe 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 [camoke 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 additlon, the doors of the kamoke booths would have 'a Moot by 2-foot window for monitoring and would not have locks, (See Figure 2, Proposed Floor Plan) 17 e e � 1 w % wiw t , © m yl • 8 a % oo a t w ® w Q ED -- ❑ ❑ Figure 2--Proposed Floor Plan Planning Commission,Report ~ September 13,2016 14561&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 2:40 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 Omngethorpe 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 ftermidnight 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 1 4561 81 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) 1 3 1 y,I J.., 4,111• � >o 1 11 JL{7y17-1R I 1 Y? _71 floe 4 311 IJ y i4 C+ � _ n J ^ •V3 ' C.• 411 11, p II 4 V Rn ■ 5112 Inn ■W JIM tZ2-171=10 1 v n n 10 la w m Il M. lE/ M-M 113 nl - - JS sl e n u u+ ,u ,o mm 11s ' Cluj A ' 1 a [M ML"M .l0 In M :Q 117 m P C a 1 a n a ,a W 1� 1n fll 4PJL 137-171 I• B M A U 0 M eY 111 b M 11410 b 1 I L 41 V 4M W W: 1i311n • 1 I` �� u■ I 1q ;A 791 M) In to ILY 11 A 41�.e , 1P Ia�IM+�1y V U b is .,b w ��� 1 1 W 1+ 1V 11 4 !0 FI 'd 10. 111 111 I , « ' V A •O 113 � I +�a 8 4 aaaalcsa_= .3 4 as»3&8R 's kik �� 1 4 REb .HILL^ AVE Figure 3—Site Plan Environmental Review The proposed. protect 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 HO 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 14561814571 Red Hill Avenue Page 7 Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Pians D. Planning Commission Resolution No. 4319 ATTACHMENT A Location Map LOCATION MAP 14561 & 14571 Red dill Avenue fF PROJECT SITE a 300' o , ¢ 500 INS h M 1j 10 S \ _ ATTACHMENT B Land Use Fact Sheet r 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: Facade 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 8. 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:across 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: jAcross 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 Chancre General Plan: Community Commercial (CC) No Chancre DEVELOPMENT FACTS: 10. 'LOT AREN. 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 sg. fLIIIA PROPOSED 15. BUILDING HEIGHT: 50 feet MAX. PERMITTED NIA PROPOSED 16. BUILDING SETBACKS: NIA(Existing) NSI (Existing) 17. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY(I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) -NIA(Existing) Fo rms:LandUseApplicationFactSheet ATTACHMENT C Submitted Plans JD i na.nsm�o NilIW1i A 1MIYMtl�•� PROPE77JY UVE ------ (e9P) -- --r--�_- ,-I---1------------ I _ 26l c::> JOVWH tm 1 2 3 4 5 6 7 8 9 10 11 1213 14 l u a u a m 262 MIMED AREA 6 236 MIMED _a0mmmsF3 I 23 22 21 1201,011817161 5 - A.P.N. 432-171-11 `121-00-1 lure s�ov z4q 1 (i11WR e) � Hyl f] tat A. .N. 4 2-17-12 {> ln z+z 213 a { A) y DDCOM I !Douro SUMP `>� � 1t� � � 244 245 246 7.l.. O—T C) 247 m 1 24B a VOKO 249 qirmm- 11251+11 KARekDI�— N Y/ Y Yl IU 1+ @ 62+ IB Z9 39 3132!3 34 3 R ,r >-i & .G U i m REQ FaIS.V! 8! 16J ia1 z 47 62 m 7 901 0112 12519 6119915]8! 168 162 C 1 A.P.N. 432-171-10 1 10 63 n 91 ns Fes 14015+ 169 IAS ' � � ti � �� n ti -1 49 s4 7a 92 171 127 141 i55 170 Fa4. 9J 50 66 79 93 115 126 142156 171 1aS (160'1 n 1 38 151 66 80 9+ 116 129 W 157 172 186 <m f 39 I 52 67 81 95 117 130 14415& 173 ,187 v A.P.N_ 432-171=07 rC[ W Je 53 69 82 96 11a 131 145 T5 174 iBB _PLAN CHEpCSE F I S4 69 8i 9T 119 132 H6 S6D 175 189 F I� 42 !AL 56. 71 65 99 121 134 148162, 177 191 (vwa GAS STAFM 43 F 57 72 as t09 122 135 549 10 179 192 k ��� 1 H 58 73 87 181 123 136 159 164 179 193 45 I 54 7/ 68F02 124 137 151 163 183 194 1 4B I 60 75 89 i36 152 166 1 I , I 1� Q V �� etim o � n AP-09"BUY ^m°8�$,4s. �3g'8.v^o� 'bw ,�^v [I_ _ V UNE (aao') —_ _ m ur RED HILI. AVE SMI PAUN0 PLAN PaRiutr� racer+ � A-7:' sansrr aasoaoaa Mina HOUH aasaro�a �� .� aaa».wuoT rag m wlorm na aaim- WET[L is +lM 35 N0990 NVId a1� � T II.b a Ip1110mIIGgafl1 11 II 11 pr�1 T � ,t II II II If.Om W ® MItl 1ka aM Y0a4 ��i�i •�� OIVa�tlLYI.GBN� P �m7�.almlJgl rn.Yav119 N. V ;AV TM IMWI N SIN IIIMJ1111[.I..M' tui '11 ONDA E�P Eli PLV ASIL.Ii.I@Ii laaar.ala� w lo.�nwm ll � ® � � •••�'�' : ,� st�rimx�s Nsiwi �eoi�i �, ❑ �7d031M�19 AROOPlISI ccgrm ml XFiWSEf opmhum xmrrn mmn NT u1 usruaw • Y4 tIR Iia ]I.� a m1 IQ� ,� •, 371M3llos HOW ATTACHMENT D Planning Commission Resolution No. 4399 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: I. The Planning Commission finds and determines-as follows: A. That proper application has been submitted by Sung Hak Ko to establish a - kamoke 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 kamoke 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, 2Q16, 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. I 2. As conditioned, the'hocrs 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 karacke 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 13'' day.of September, 2016 AUSTIN LUMBARD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No.4319 Page 3 t 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, Callfomia;.that Resolution No. 4319 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12P 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 modifled, 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 pians during plan check if such modifications are consistent with provislons of the Tustin Clty 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 0 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 retuming to the Community Development Department a notarized"Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk- Recorder lerkRecorder 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)PCJCC 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 responslble person(s) of the compliance requirements pursuant to the Tustin City Code (TCC) and/or other applicable codes, laws, and conditions. Failure to oomply°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 attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance% Exhibit A Resolution No,4.319 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)1 2.3 The sale and/or consumption of alcohol is prohibited; no alcohol is ( ) allowed on the premises. (5) 2,4 Hours of operation shall,be restricted to the following: MONDAY—SUNDAY OPENING TIME: 2:00;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 Al '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 lnterlor ,lights shall be of.a sufficient wattage so that everything in the (5). booth can easily be seen from the common areas. No lightswitches are peri fitted in the booths. (5) 2.7 No amusement devices other than karaoke machines, including but not Iirnitedto 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 1 Exhibit A Resolution Na.4318 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 Fre 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 WARP 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 Califomia Green-Building Standards Code. c. The applicant will be required to submit a'$5U0 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 Y significantly lengthened. ATTACHMENT E Planning Commission Minutes, September 13, 2016 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION SEPTEMBER 13, 2016 7:01 p.m. CALL TO ORDER: 7:00 p.m. Given INVOCATION/PLEDGE OF ALLEGIANCE: Mason ROLL CALL: Chair Lumbard Chair Pro Tem Smith Commissioners Mason, Kozak, Thompson None. PUBLIC CONCERNS CONSENT'CALENDAR: Approved the 1.' APPROVAL OF MINUTES—AUGUST 23, 2016 August 23, 2016 Minutes. RECOMMENDATION: That the Planning Commission approve the Minutes of the August 23, 2016 Planning Commission meeting, as provided. Motron: It was moved by Kozak, seconded by Mason, to approve the Minutes of the August 23, 2016 Planning Commission meeting. Smith abstained. Motion carried 4-0-1. PUBLIC HEARING ITEM: 7:05 P.M. Public Hearing Opened. Adopted Reso. 2. CONDITIONAL USE PERMIT (CUP) 2016-08 TO ESTABLISH A No. 4319, as KARAOKE MUSIC STUDIO AT 14561 & 14571 RED HILL amended. AVENUE APPLICANT: Sung Hak Ko JDS Total Design Solution 31 83 Wilshire Blvd., Suite 610 Los Angeles, CA 90010 PROPERTY OWNER: Richter Farms Trust Interpacific Asset Management Co. ENVIRONMENTAL: This project is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Section 15301, Class 1 pertaining to existing facilities. Minutes—Planning Commission September 13,2016—Page 1 or 6 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. Dove Presentation given. Thompson Thompson asked staff about the opposition letters presented within the packet, as well as at the dais. He questioned the signatures since some were out-of-city addresses versus Tustin and what the letters relevance would be since the subject property is over 150 feet away from the addresses listed in the letters. Thompson also asked that the individuals who signed the opposition letters come forward and state the proximity from their residence to the subject property in order to get a better understanding of locations. Binsack In response to Thompson's questions, Binsack stated that the residential uses are likely within 150 feet from the.property line of the entire plaza. She also stated that the letters of opposition in question were likely form letters and that individuals.may have just included their names on the form. She also stated that staff already identified,that the subject property is within 15.0 - feet from the property line. Lumbard Lumbard addressed the audience and asked if the authors of the opposition letters were present land that they would be given an opportunity to speak-at the meeting. 7:13 p.m. Public Comments Opened. Mr. Ken Henderson, Red Hill Avenue resident, lives 390 feet from the subject property and his opposition to the project generally included: assumption that people would drink alcohol, noise from people and cars, as well as loitering in parking lot of the plaza. Mr. Fred Cox, owner of the condominium property on Red Hill Avenue (south of the plaza area), stated that the opposition forms were from him and that they were signed by his tenants. His main concern was the presumed increase in noise from the subject property, Mr. Doug Brown, principal designer/land use specialist, of the -project; referred to staffs accurate findings with regards to the project and that the use would be compatible with the neighborhood. He also stated that there would be certain setbacks that the applicant would adhere to and theme would be sound attenuation provided within the subject property. Mr. Brown referred to Mr. Henderson's comments on noise and alcohol. He stated that the subject property is not a nightclub. Mr. Brown also disagreed with Mr_ Cox when he stated heL lived close to the subject property. He also referred to the two (2) other units separating the subject property from the property line. Ms. Huong Ngo, owner and resident of the Red Hill Avenue Plaza, opposed Minutes--Planning Commission September 13.201 B—Page 2 of 5 the project Her concem was that she considered it "adult entertainments and because of the church and school are near the plaza. 7:25 p.m. Public Comments Closed, Thompson Thompson thanked members of the audience for their opinions on the item. He also referred to Condition 2.3 with regards to the restriction.on alcohol use. Thompson read the modified Condition 2.5 to the audience with regards to sound attenuation addressing the comments made on the noise concern. He also explained the revocation process, should the applicant not comply with the conditions within the resolution. Kozak Kozak was concerned with the possibility of the sound from the karaoke music studio affecting the nearby residential area. He met with staff and the result of that meeting was the amended Condition 2.5. Smith Smith commended staff on a job well done with the Conditions of Approval as far as addressing the concems previously stated by the opposed members of the audience. He also reminded them that, if necessary, staff could review the CUP should any issues arise in the future. Lumbard Lumbard reiterated what his fellow commissioners stated. He stated that if he lived near the proposed project, he would also be concerned with the noise of people singing, drinking in the parking lot, people loitering outside of the proposed project and being a nuisance to the neighbors. Lumbard also stated that. staff has ,attempted and succeeded in restricting what can happen on the subject property and the plaza area. He also understood those who were opposed and their concems. Lumbard asked the applicant to come forward to state whether or not he will abide by the amended Condition 2.5. Danesh Mistry, representative for the applicant, stated that he and the applicantagree with Condition 2.5. Mason Mason thanked the audience members for their thoughtful comments. She also thanked staff for the detail they provided with the staff reporL Motion. It was moved by Mason, seconded by Kozak,to adopt Resolution No. 4319, as amended. Motion carried 5-0. Binsack Binsack stated, for the record, that the item is appealable and that the appeal period ends in ten (10)calendar days. 7:36 p.m. Public Hearing Closed. REGULAR BUSINESS: 3. WORKSHOP—, HISTORIC PRESERVATION The purpose of this workshop is to highlight the City's programs to protect and revitalize historic structures, sites, and features within Tustin and to provide the Commission with an update on the status of the City's historic Minutes—Planning Commission September 13,2016--Page 3 of 6 preservation programs and the Commission's efforts to date: Many of these programs were implemented in conjunction with the City's recognition as a Certified Local Government in Historic Preservation. Reekstin Presentation given. Mason Mason commended Reekstin on his presentation. She also asked for clarification on the two (2) separate recognitions. Mason referred to a "tax break" or "incentive" if a person owns historic property and restores the property back to its original state and they match the specifications or if It is based on distinct buildings. Reekstin In response to Mason's question, Reekstin referred to the Plaque Program and the Commendation Program and provided descriptions of each program. He also stated that the programs are only available to those who have historic buildings. Reekstin mentioned other programs that might benefit new buildings(I.e.parking incentive). Binsack Binsack stated the Mills Act Program is only available to historic residential properties and does not apply to commercial properties. The City's currently evaluating whether or not staff might make a recommendation to the Commission and City Council as to whether or not it should be applied to commercial properties as well. Smith Smith asked for the number of Certificates of Appropriateness issued in the last year: Reekstin/ In response to Smith's question, Reekstin.stated that approxirnateiy ten 00) Binsack Certificates of Appropriateness were issued in the last year. Binsack stated that in this calendar year, approximately 30 Certificates of Appropriateness were issued. Thompson Thompson commended Reekstin on his presentation. He also asked if staff could put the Power Point presentation on the City's website. Binsack Binsack stated that people have a misconception that they cannot do anything to historic buildings, but 'they can. Under the Commission's leadership, the Residential Design Guidelines were set as well as establishing the City's first Commercial Design Guidelines. The purpose for the guidelines is to ensure that all new development is compatible and complementary to the District and that if additions are going to be proposed, the additions must be compatible and complimentary. As an example, Binsack referred to the Jabberwocky as being one of the most significant projects with reference to the add-on'located at the rear of the Jabberwocky property. Kozak Kozak had favorable comments for Reekstin's presentation. Lumbard Lumbard had.favorable comments for Reekstin's presentation. Received and filed. Minutes--Planning Commission September 13.2016—Page 4 of 5 STAFF CONCERNS: Binsack Binsack informed the Commission of Samantha Bier's promotion to Associate Planner and introduced new employee Jessica Aguilar, Assistant Planner. COMMISSION CONCERNS: Mason No concerns. Favorable comments for the Tustin train station. Kozak Kozak congratulated Beier and welcomed Aguilar. He attended the 9111 Remembrance at Fire Station #37 Kozak asked staff to contact Cal Trans and have them clean up the debris off of the landscaped areas between Red Hill Avenue and Tustin Ranch Road off of the 5 Freeway. Thompson Thompson attended the following events.- * vents;• 9f11 Remembrance Ceremony • 9113 Urban Land Institute Luke Thompson started at Northern Arizona University. Thompson will not attend currently scheduled Planning Commission meetings in October 2016 for coursework on real estate finance and management at a school back east and the ULI Annual Conference in Dallas, Texas. Smith No concerns. Lumbard Lumbard attended the following events: • 8125 Groundbreaking of the Village at Tustin Legacy • Happy Belated Labor Day everybody! • 918 OC Tax Fair in Newport Beach • 9110 Thin Blue Line Supporters Group • 9/104 th Annual Pasta Fest 9111 Remembrance Ceremony ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, September 27, 2016, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Closed the meeting in memory of those lives lost and those affected by the 9119 terrorist attacks. AUSTIN LUMBARD Chairperson ELIZABETH A BINSACK Planning Commission Secretary Minutes-Planning Commission September 13, 2016-Page 5 of 5 ATTACHMENT F 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: I. 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 & 1.4571 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 retall, of:tce and service oriented business activities are permitted to serve local, 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. Resoiubon Na 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. Il. The Planning Commission hereby approves CUP 201E-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 13" day of September, 2016 AUSTIN LOWARD / -- Chairperson ! ' Ate+ 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 13`h day of September, 2016. PLANNING COMMISSIONER AYES: Kozak, lmmt)arci, Mason, Smith, Thompson (5) 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 (CCC). (4) 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 properly owner signing and recording with the County Clerk- Recorder lerkRecorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" foram. 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)PCICC POLICY (4)DESIGN REVIEW *"EXCEPTION 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), 2.3 The sale andlor 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: 2:00 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 N no adverse impacts are anticipated. (1) 2.5 All karaoke rooms shall maintain non-locking door hardware, a minimum of 24-inch by 244nch clear glass window for visibifrty into each room from the central hallway and shall be fully soundproofed such that sound will be contained entirely within each karaokei studio room. Plans submitted for tenant improvements shall demonstrate that each room is equipped With; sound attenuation and if deemed necessary additional sound attenuation shall be .provided within the tenant space; to ensure that sounds are contained within the tenant space. (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 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) 1.6 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 r Exhibit A Resolution No.4319 Page 4 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 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 applicantloontractor 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 a[) 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". Exhibit A Resolution No.4319 Page 5 (1) 4.5 Prior to issuance of a building permit, the applicant shall submit the required security deposit in the form of cash, cashlei's check, personal check, or money order made payable to the°City of Tustin". (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 Califomia Environmental Quality Act could be significantly lengthened. ATTACHMENT G Planning Commission Resolution No. 4342 RESOLUTION NO. 4342 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2017-07 TO MODIFY CONDITIONAL USE PERMIT 2016-08 TO EXTEND THE HOURS OF OPERATION 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: I. The Planning Commission finds and determines as follows: A. That on September 13, 2016, the Planning Commission approved Conditional Use Permit 2016-08 to establish a karaoke studio within a 5,000 square foot tenant space at an existing large retail center located at 14561 and'14571 Red Hill Avenue by Resolution No. 4319. B. That Condition No. 2.4 of Resolution No. 4319, restricted the hours of operation of the karaoke music studio to 2:00 P.M. to 12:00 Midnight and authorized the Community Development Department to review and approve any change of hours if no adverse impacts are anticipated. C. That on March 3, 2017, the Community Development Department issued a Certificate of Occupancy for tenant improvements in 'compliance with Resolution No. 4319 at Voko Karaoke located at 14561 and 14571 Red Hill Avenue. D. That proper application has been submitted by Sung Hak Ko to extend the hours of operation for a karaoke music studio at an existing large retail center located at 14561 and 14571 Red Hill Avenue. E. That the Community Development Department deferred a decision on the request to extend the hours of operation until 2:00 A.M. due to the short time the business has been in operation, that a minimal record of no impacts had been fully established, and the number of nearby residents' attendance at previous Planning Commission hearing. F. 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 local, 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. Resolution No.4342 Page 2 G. Pursuant to Tustin City Code (TCC) Section 9233b9, a karaoke music studio is permitted in the Retail Commercial District (G-2) with the approval of a Conditional Use Permit(CUP). H. That a public hearing was duly called, noticed, and held on said application on June 13, 2017, by the Planning Commission. I. 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. That the Building Division has issued a Certificate of Occupancy and the tenant improvements have been completed in compliance with Conditions of Approval contained in Resolution No. 4319. 3. The proposed use, as conditioned, would not create a noise impact on the surrounding neighborhood because the karaoke booths have been made soundproof and Condition No. 2.1 of Resolution No. 4319 prohibits loitering outside the business. 4. That the Tustin Police Department has received no complaints or responded to any service calls to the karaoke business and there have been no substantiated code enforcement complaints since receiving its Certificate of Occupancy. 5. That pertinent Conditions of Approval from Resolution No. 4319 are carried forward in Resolution No. 4342 so that if, upon extending the hours of operation impacts occur, the City can take appropriate action to address them. 6. Alcoholic beverages are prohibited at the site in accordance with TCC 9271dd2a, 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. Resolution No.4342 Page 3 7. That, as conditioned, upon notice by the City to the business, the business shall revert back to closing at 12:00 Midnight if the City receives six (6) calls for service and/or substantiated code enforcement complaints. J. 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. ll. The Planning Commission hereby approves CUP 2017-07 to modify CUP 2016- 08 to extend the hours of operation from 2:00 P.M. to 12:00 Midnight to 2:00 P.M. to 2:00 A.M. closing time for the 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 June, 2017. RYDER TODD SMITH Chairperson 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. 4342 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of June, 2017. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4342 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT(CUP) 2017-07 14561 & 14571 RED HILL AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped June 13, 2017, 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) day_s prior to expiration. (1) 1.4 Approval of Conditional Use Permit (CUP) 2017-07 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 Community Development Director, and evidence of recordation shall be provided to the Community Development'Department. (1) 1.5 CUP 2017-07 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 2017-07, or is found to be a nuisance or negative impacts are affecting the neighborhood, the Community Development Director shall impose additional conditions to SOURCE CODES (1)STANDARD CONDITION (5)RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (B) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PCICC POLICY (4) DESIGN REVIEW "'*" EXCEPTION Exhibit A Resolution No. 4342 Page 2 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 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 (1) 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 (1) year of the first violation; or $1,000.00 for a third or any further violation of the same ordinance or permit within one (1) 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 CUP 2017-07, 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. 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. Exhibit A Resolution No.4342 Page 3 (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), 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: 2:00 P.M. CLOSING TIME: 2:00 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, a minimum of 24-inch by 24-inch clear glass window for visibility into each room from the central hallway and shall be fully soundproofed such that sound will be contained entirely within each karaoke studio room. Plans submitted for tenant improvements shall demonstrate that each room is equipped with sound attenuation and if deemed necessary additional- sound attenuation shall be provided within the tenant space to ensure that sounds are contained within the tenant space. (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 TCC. (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 Upon notification by the City to the business, the business hours shall revert back to closing at 12:00 midnight if the City receives six (6) calls for service and/or substantiated code enforcement complaints. Exhibit A Resolution No.4342 Page 4 (5) 2.11 Signage shall comply with the Red Hill Village Shopping Center Master Sign Program. (5) 2.12 Prior to occupancy, the Applicant shall obtain all applicable permits and f 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. FEES (1) 4.1 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 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.