Loading...
HomeMy WebLinkAboutPC RES 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 Iocated 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 (C-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 busifless, 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 1:15301 (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 2x00 PN. to 2:00 AN. 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 1Stn day of June, 2017. RYAER TODD SMITH > Chairperson, ELIZABETH A. BINSACK Planning Commission Secretary Resdution No. 4342 Page 4 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Elizabeth A. Biinsack, 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 13 th day of June, 2017. PLANNING COMMISSIONER AYE : Kozak, Lumbard, Mason, Smith, Thmpson (5) 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 & 14671 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) days 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 (6) LANDSCAPING GUIDELINES (3) BUILDING CODE (7) PC/CC 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 fitter 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 inspections from the City of Tustin and the Orange County Health Department for the commercial kitchen and food preparation. l 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.