HomeMy WebLinkAbout03 PC REPORT KARAOKE FACILITY 14561_14571 RED HILL AVE •
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AGENDA REPORT ITEM #3
MEETING DATE: DECEMBER 12, 2017
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT (CUP) 2017-16 TO ESTABLISH A
RESTAURANT IN CONJUNCTION WITH AN EXISTING KARAOKE
FACILITY FOR ON—SITE CONSUMPTION OF ALCOHOLIC
BEVERAGES AT 14561 & 14571 RED HILL AVENUE
APPLICANT: PROPERTY OWNER
DINISH MISTRY RICHTER FARMS TRUST
VOKO KARAOKE & RESTAURANT INTERPACIFIC ASSET MANAGEMENT CO.
14561 RED HILL AVE. 5505 GARDEN GROVE BLVD., SUITE 150
TUSTIN, CA 92780 WESTMINSTER, CA 92683
LOCATION: 14561 & 14571 RED HILL AVENUE
GENERAL PLAN: COMMUNITY COMMERCIAL (CC)
ZONING: RETAIL COMMERCIAL DISTRICT(C-2)
ENVIRONMENTAL THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE
STATUS: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15301,
CLASS 1 PERTAINING TO EXISTING FACILITIES
REQUEST: ESTABLISH RESTAURANT IN CONJUNCTION WITH EXISTING
KARAOKE FACILITY AND FOR ON—SITE CONSUMPTION OF
ALCOHOLIC BEVERAGES
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Planning Commission Report
December 12, 2017
14561 & 14571 Red Hill Avenue
Page 2
RECOMMENDATION:
That the Planning Commission adopt Resolution No, 4357 approving Conditional Use
Permit (CUP) 2017-16 to establish a restaurant in conjunction with an existing karaoke
facility and for on-site consumption of alcoholic beverages at 14561 & 14571 Red Hill
Avenue.
APPROVAL AUTHORITY:
Pursuant to Tustin City Code (TCC) Section 9233a1, a restaurant is permitted in the
Retail Commercial District (C2) Zoning District.
Pursuant to TCC Section 9233b(1) and 9232b(2), on-site alcoholic beverage sales in
conjunction with a restaurant is a conditionally permitted use in the C2 Zoning District.
TCC Section 9291c authorizes the Planning Commission to review and take action on
cups.
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, 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.
Planning Commission Report
December 12, 2017
14561 & 14571 Red Hill Avenue
Page 3
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Figure 1 —Zoning Map and Aerial
Previously Approved Entitlements
CUP 2016-08 and 2017-07
On September 13, 2016, the Planning Commission adopted Resolution No. 4319
(Attachment D) 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 hours of operation were restricted to 2:00 p.m. to 12:00 midnight for
consistency with the center and concerns raised by the public about noise. See
Planning Commission Minutes, Attachment E.
On June 13, 2017, the Planning Commission adopted Resolution 4342 (Attachment F)
approving CUP 2017-07, which modified CUP 2016-08 to extend the hours of operation to
2:00 p.m. to 2:00 a.m. In reviewing the application, the Planning Commission approved
the extension of the operating hours based on conditions of approval that provided the
Commission with the ability to review the use and make modifications should the extended
hours present negative impacts on the commercial center and/or residential neighborhood
to the south and requested staff report back to the Commission ninety (90) days after
approval. See Planning Commission Minutes, Attachment G.
On September 12, 2017, at the request of the Planning Commission, staff reported to the
Planning Commission that the karaoke business had been a victim of vandalism (damage
to security camera), and that the Tustin Police Department had received no other calls for
service and there had been no code enforcement activity related to the business over the
past ninety (90) days. No further action was taken by the Planning Commission.
Planning Commission Report
December 12, 2017
14561 & 14571 Red Hill Avenue
Page 4
Current Request
CUP 2017-16
The applicant is requesting authorization to establish a restaurant use in conjunction
with an existing karaoke business and for on-site alcoholic beverage. In addition, the
applicant requests that Condition of Approval 2.3 of Resolutions 4319 and 4342 which
state that "[t]he sale and/or consumption of alcohol is prohibited; no alcohol is allowed on
the premises" be removed.
DISCUSSION
On September 13, 2016, when the original CUP for the karaoke facility was approved by
the Planning Commission, on-site sale of alcoholic beverages for consumption on the
premises was not permitted under the Alcoholic Beverage Sales Establishment Guidelines
(Guidelines) as amended by the Planning Commission and adopted by the City Council on
May 21, 2001, and the applicable zoning code regulations. The Guidelines required the
business be separated by 1,000 feet from a residentially zoned property because it was
not a bona fide restaurant. The karaoke facility did not meet the separation requirement
as it is located approximately 175 feet from a residentially zoned property. Now that the
karaoke facility is a restaurant, the distance separation requirement does not apply.
Pursuant to the Guidelines, a restaurant use is defined as: "A retail establishment that sells
food and beverages prepared on the site, where customers are served for on-site
consumption." At least 80 percent of the premise's seating shall be designed and used for
food consumption and must possess the necessary utensils, table, service, and condiment
dispensers with which to serve meals to the public. Also, the gross annual sales of food
must exceed the sale of alcohol.
Voko Karaoke has been in operation for approximately ten (10) months. The primary
use of the business is for karaoke entertainment purposes, but it also contains a full
kitchen with a complete menu and provides meals and snacks to its patrons
(Attachment 1). The 5,000 square foot tenant space is made up of eleven (11) individual
rooms which vary in size for small groups and includes one (1) large-group room, the
full kitchen and a waiting area. As indicated above, sale and/or consumption of alcohol
is currently prohibited on the premises pursuant to Condition No. 2.3 of Resolution Nos.
4319 and 4342 (Attachments D & F).
According to the applicant, approximately 60 percent of sales are estimated to be from
food and 40 percent from alcoholic beverages. The sale and consumption of alcoholic
beverages is proposed within the interior restaurant space, which consists primarily of
karaoke music rooms (Figure 2). Resolution No. 4357 contains conditions that are
consistent with the Guidelines for on-site sale and consumption of alcoholic beverages in
conjunction with a restaurant.
Planning Commission Report
December 12, 2017
14561 & 14571 Red Hill Avenue
Page 5
Similar to the previous request to extend the hours, the applicant indicates that without
the ability to serve alcohol and obtain an Alcoholic Beverage Control (ABC) license, the
business is struggling to succeed. The applicant has applied to the Department of
Alcoholic Beverage Control (ABC) for a Type 41 license (On-Sale Beer and Wine for
Bona Fide Public Eating Place); however, staff anticipates the applicant will upgrade the
license to a Type 47 (On-Sale General for Bona Fide Public Eating Place) if and when
the ABC approves such a license at the restaurant.
Thus far, the business has complied with all of the Conditions of Approval contained in
Resolution Nos. 4319 and 4342. As of the writing of this agenda report, the Tustin
Police Department has received no complaints of noise and made only one service call
to the site due to vandalism to the karaoke studio security camera, which has since
been replaced, and does not oppose the request. The pertinent Conditions of Approval
from Resolution No. 4319 and 4342 are carried forward in proposed Resolution No.
4357 so that if, upon approving the operation for consumption of alcoholic beverages,
impacts occur, the City can take appropriate action to address them.
Cooking Facilities Area
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Figure 2 — Existing Floor Plan
Planning Commission Report
December 12, 2017
14561 & 14571 Red Hill Avenue
Page 6
Environmental Review
The proposed project is categorically exempt from the provisions of the Califomia
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 the proposed project, 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 restaurant establishment in conjunction with an existing karaoke music
studio is located within a commercial building and on a commercial corridor along
Red Hill Avenue where a variety of retail, office and restaurant uses are located.
2) That the Building Division has issued a Certificate of Occupancy and the tenant
improvements, including cooking facilities for restaurant operations and
soundproof karaoke booths, have been completed in compliance with Conditions
of Approval contained in Resolution No. 4319.
3) The proposed use, as conditioned, would occur entirely within the building and i
would be conditioned to comply with the Tustin Noise Ordinance and General
Plan Noise Element.
4) That the Tustin Police Department has received no complaints and has
responded to only one service call related to vandalism at 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 Nos, 4319 and 4342 are
carried forward in Resolution No. 4357 so that if, upon approval of CUP 201716,
impacts occur, the City can take appropriate action to address them.
6) That the Voko Karaoke music studio operators have installed security cameras
on the exterior elevations of the business and have the ability to conduct visual
surveillance into the karaoke studio rooms to maintain control of the premises.
Planning Commission Report
December 12, 2017
14561 & 14571 Red Hill Avenue
Page 7
7) That, as conditioned, if the use is not operated in accordance with the conditions
of approval or is found to be a nuisance or negative impacts are affecting the
surrounding tenants or neighborhood, the Community Development Director may
impose additional conditions to eliminate the nuisance or negative impacts, or
may initiate proceedings to revoke the Conditional Use Permit.
8) The proposed sale of on-site alcoholic beverages in conjunction with a restaurant
use is allowed within the C2 Zoning District with the approval of a CUP.
9) Pursuant to TCC Section 9271(dd), bona fide restaurants with on-site alcoholic
beverage sales are exempt from distance separation requirements to residential
uses, sensitive uses, and other alcoholic beverage sales establishments.
10)As conditioned, the proposed on-site consumption of alcoholic beverages is
consistent with the Alcoholic Beverage Sales Establishment Guidelines as
amended by the Planning Commission and adopted by the City Council on May
21, 2001.
11)That the operational characteristics and features of the facility such as
consumption of alcoholic beverages in conjunction with a restaurant use are
appropriate for the location and type of use proposed in relation to surrounding
residential areas, sensitive uses such as places of worship, parks, schools,
hospitals, clinics, convalescent homes and other similar uses selling or serving
alcoholic beverages.
Staff recommends that the Planning Commission adopt Resolution No. 4357 approving
CUP 2017-12 to establish a restaurant in conjunction with an existing karaoke facility and
for on-site consumption of alcoholic beverages at 14561 & 14571 Red Hill Avenue.
Elaine Dove, AICP, RLA Elizabeth A. Binsack
Senior Planner Director of Community Development
Attachments:
A. Location Map
B. Land Use Fact Sheet
C. Submitted Plans
D. Planning Commission Resolution No. 4319
E. Planning Commission Minutes, September 13, 2016
F. Planning Commission Resolution No. 4342
G. Planning Commission Minutes, June 13, 2017
H. Planning Commission Resolution No. 4357
I. Voko Karaoke Menu
ATTACHMENT A
Location Map
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LOCATION MAP
14551 & 14571 Red Hill Avenue
PROJECT SITE
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ATTACHMENT B
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Land Use Fact Sheet
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LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): CUP 2017-16
2. LOCATION: 145616- 14571 Red Hill Ave.
3. LOT: — BLOCK: 50 - TRACT: 36 r; 4: APN(8): 432=171-1,1; 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
CUP 2017-07 CUP to Extend Hours of Operation of Karaoke Music Studio
6, SURROUNDING LAND USES:
NORTH: Residential SOUTH: Residential
EAST: Residential WEST: . Residential
7. SURROUNDING ZONING DESIGNATION:
4
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 s .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(1.E. SPECIAL STUDY
ZONES, EASEMENTS, ETC.) - NIA(Existing)
Forms:LandUseApplicationFactSheet
ATTACHMENT C
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Submitted Plans
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ATTACHMENT D
Planning Commission Resolution No. 4319
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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 5,040 SQUARE FOOT TENANT SPACE AT AN
MSTING 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 eAsting Large Retail Center located at 14561 &
14571 Red Hill Avenue.
B. Pursuant to Tustin City Code (TGC) Section 9233b9, a karaoke music studio
is permitted in the Retail Commercial District (G-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, ofd 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 Alr Quality Sub-element of tim 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 j
detrimental to the property and improvements in the neighborhood of the
subject property, or to the general welfare, in that
1. The proposed use, as conditioned, would not be detrimental to the
surrounding properties in that the use would occur entirely within the
building and would be conditioned to comply with the Tustin Noise
Ordinance and General Plan Noise Element
2. As conditioned, the hours of operation will be consistent with other uses
within the center.
Resolution No 4319
Page 2
3. The proposed use, as conditioned, would not create a noise impact on
the surrounding neighborhood because the karaoke booths would be
made soundproof and Condition 2.1 prohibits loitering outside the
business.
4. The hours of operation and type of business are consistent with other
businesses within the same commercial center and the C-2 zoning
district in general.
5. Alcoholic beverages are prohibited at the site in accordance with TCC
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 properly 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 L ARD
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution No. 4319
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4319 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission, held
on the 131h day of September, 2016.
PLANNING COMMISSIONER AYES: Kozak, Lumbard, Mason, smith, Thompson (5)
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
ELIZABETH A. BINSACK
Planning Commission Secretary
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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
pians for the project date stamped September 13, 2016, on file with the
Community Development Departmdnt, 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 ambit 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 oontingent 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 "Notioe of Discretionary Permit Approval and
Conditions of Approval" form. The forms shah 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 REQUOU911ENT
(Z)CEQA MITIGATION (6)LANDSCAPING GUIDELINES
(3)BUILDING CODE (7)P=C POLICY
(4)DESIGN REVIEW '"'EXCEPTION
,w
Exhibit A
Resolution No.4319
Page 2
Community Development Director shall impose additional conditions to
eliminate the nuisance or negative impacts, or may tnitlate 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, laves, and conditions. Failure
to comply with the conditions of approval set forth herekr may resi.rtt 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 ftrst violation; or $1,000.00 for a third or any further vkAatlon of the
same ordinance or permit within one year of the first violation. The City
may also take further legal action including issuing the responsble
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 Gen.
(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 proceedtirg brought by a third'party
against the City, Its officers, agents, and employees, wtdch seeks to
attack, se#aside, challenge, void, or annul an approval of the City Council,
the Planning Commission, or any other decision-rnaking body, irnduding
staff, concerning this project. The City agrees to promptly notify the
applicant of any such claim or action fled against the City and to fulty
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 entbrcement aeon, including ad mays fees, subject to
the applicable notice, hearing, and appeal process as established by the
City Council by ordinance
Exhro t A
Resokdlon 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 ioltering 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 and/or consumption of alcohol is prohibited; no alcohol is
(5) alkmmd on the premises.
(5) 2.4 Hours of operation shall be restricted to the following;
MONDAY—SUNDAY j
I
OPENING TIME: 2:00 P.M.
CLOSING TIME: 12:00 AJA
For purposes of this condition, the phrase "dosing 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 roams shall makftin non-locking door hardware, a minimum
of 244nch by 24-inch dear glass window for visibility into each room from
the central hallway and shall be fully sourudproofed 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 shag 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 seers 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
r
i
i
Exhibit A j
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
moons from the City of Tustin and the Orange County Health
Department for the commercial kitchen and food preparation.
NOISE
i
(1) 3.1 All activities shall comply with the City's Noise Ordinance.
I
PLAN SUBM17TAL
(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 Fine Authority
approval may be required.
(1) 4.3 Prior to issuance of building permit, Orange County Environmental
Health approval is required.
(1) 4.4 Waste Recycling and Reduction Plan:
a. Construction and Demolition Waste Recycling and Reduction Plan
(WRRP).
b. The applicant/contractor is required to submit a WRRP to the Public
Works Department. The WRRP must indicate how the applicant will
comply with the City's requirement (TCC Section 4351, et al) to
recycle at least fifty (50) percent of the project waste material or the
amount required by the California Green Building Standards Code.
c. The applicant will be required to submit a $50.00 application fee and
a cash security deposit. Based on the review of the submitted
Waste Management Plan, the cash security deposit in the amount of
five (5) percent of the project's valuation as determined by the
Building Official, rounded to the nearest thousand, or $2,504, 3
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 issuanoe of a building permit, the applicant shall submit the
required security deposit in the form of cash, cashless 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
i
(1) 5.1 Prior to issuance of any permits, payment shall be made of all applicable
fees, including but not limited to, the following:
i
• 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
My 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 Califomla Environmental Quality Act could be
significantly lengthened.
ATTACHMENT E
Planning Commission Minutes, September 13, 2016
I
l
l
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.
Whom It was moved by Kozak, seconded by Mason, to approve the Minutes of the
August 23, 2016 Planning Commission meeting. Smith abstained. Motion
carded 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
3183 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 16301, Class 1 pertaining to
existing facilities. j
Minutes—Planning Commission September 13,2016—page 1 of 5
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.
i
Dove Presentation given.
TTtompson 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 su*d property is over 150 fleet away from the
addresses listed in the letters. Thompson also asked that tate 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.
i
Binsac�k In response to Thompson's questions, Binsaclk stated that the residential
uses are likely within 150 fleet 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 150
feet from the property line.
Lumbard Lumbard addressed the audience and asked if the authors of the opposition
letters were present and that they would be given an opportunity to speak at
the meeting.
7:13 p.m. Public Comments Opened.
i
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 ab)hd, 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 fomtis 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 designedland use specialist, of the project,
referred to stafrs accurate findings with regards to the project and that the
use would be compatible with the neighborhood. He also stated that there j
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 convnents on noise and alcohol. He stated that
the subject property is not a nightclub. Mr. Brown also disagreed with Mr.
Cox when he stated he lived hose to the subject property. He also referred
to the two (2) other units separating the subject property from the property
lime.
Ms. Huong Ngo, owner and resident of the Red Hill Avenue Plaza, opposed
Minutes--PbmnkV ComrnkWm September 13,2016—Pale 2 of 5
the project Her concem was that she considered it adult entertainment"
and because of the church and school are near the plazas.
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"lo affecting the nearby residential area. He met with staff and the
result of that meeting was the amended Condition 2.5. I
Smith Smith commended staff on a job well done with the Conditions of Approval I
as far as addressing the concerns 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.
I.umbard L.umbard relterated 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. L.umbard 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 concerns. L.umbard asked the applicant
to come forward to state whether or not he will abide by the amended
Condition 2.5.
Danesh Mistry, represenia w for the applicant, staffed that he and the
applicant agree 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 report.
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 Cdys programs to protect
and revitalize historic sbictues, sites, and features within Tustin and to
provide the Commission with an update on the status of the Citys histordc
Minutes—PFam*v Cmadsabn SepWnber 13,2018--Page 3 of 5
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, Reek.sfin referred to the Plaque Program j
and the Commendation Program and provided descr4Aons of each
program. He also stated that the programs are only available to those who j
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 Citys currently
evaluating whether or not staff might make a recommendation to the
Commission and City Cound] as to whether or not it should be applied to
commercial properties as well.
Smith Smith asked for the number of Certitk:ates of Appropriateness issued in the
last year.
Reekstin/ In response to Smiths question, Reekstin stated that approximately tern (10)
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 buiildir gs, 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 guldefines is to ensure that all new development is cornpatible and
complementary to the District and that If additions are going to be proposed,
the additions must be oompatible 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 fa►rorable comments for Reekstin's presentation.
Lurnbard Lumbard had favorable comments for Reekstin's presentation,
Received and filed.
Mh Aw--PWnnhng Commission Sep*mbw 13,20113—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:
• 9111 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 2.7, 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
9/91 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. 4342
i
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:
1. The Planning Commission finds and determines as follows:
i
A. That on September 13, 2016, the Planning Commission approved 1
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. i
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 j
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 I than restaurants, to a minimumdistance
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.
'r
Resolution No. 4342
Page 3
7. Thet, as gpnditioned, upon notice by the City to the business,. the
business shall- revert back to closing at 12:00 Midnight if the City
receives six (5) calls for service and/or substanttate�d .,code.
enforcement complaints
J, The proposed project_ is categorically exempt from the provisions of the.
California Environmental Quality Act (CEQA) per State CEQA Guidelines
15001 (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.
11, 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= 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 13x" day of June, 2017,
RY ER TODD SMITH
r Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution No.4342
Page 4
STATE OF CALIFORNIA . }
COUNTY OF ORANGE }
CITY OF TUSTIN }
i, Elizabeth A. Binsack, the 'undersigned, hereby certify that 1 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" day of June, 2017
PLANNING COMMISSIONER AYES: Kozak, Lumbard, Mason, Smith, Thompson (5)
PLANNING COMMISSIONER NOES: _
PLANNING COMMISSIONER ABSTAINED;
PLANNING COMMISSIONER ABSENT•.
i
ELIZABETH A, BINSACK
Planning Commission Secretary
I
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 93, 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 repording with the County Clerk-
Recorder a notarized "Notice cf 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 2097-07 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) PCICC POLICY
(4)DESIGN REVIEW `** EXCEPTION
i
Exhibit A
Resolution No.4342
Page 2
i
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 ir)fo.rm 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 AM
1
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.
i
(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 submitfied
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.
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
cashler'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.
ATTACHMENT G
Planning Commission Minutes, June 13, 2017
1
j
3
i
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
JUNE 13, 2017
7:00 p.m. CALL TO ORDER.
I
Given. INVOCATION/PLEDGE OF ALLEGIANCE: Thompson j
ROLL CALL: Chair Smith
Chair Pro Tem Kozak
Commissioners Mason, Lumbard, Thompson
Swom in by Mayor 1. SWEARING-IN CEREMONY FOR CHAIR SMITH, CHAIR PRO
Dr, Bernstein. TEM KOZAK, & COMMISSIONER LUMBARD
None, PUBLIC CONCERNS
Smith Smith asked the Commission if they were in agreement to hear Item #7
prior to hearing Item#5, which they were.
Approved the CONSENT CALENDAR:
Consent
Calendar.
2. APPROVAL OF MINUTES--APRI L 25, 2017
RECOMMENDATION:
That the Planning Commission approves the Minutes of the April
25, 2017, Planning Commission meeting, as provided. I
i
3. FISCAL YEAR 2017-2018 CAPITAL IMPROVEMENT PROGRAM
FINDING OF CONFORMANCE WITH THE GENERAL PLAN
The Planning Commission is required to review the projects in the
Capital Improvement Program (CIP) and verify their conformance
with the General Plan. The City Council will soon be adopting the
Fiscal Year 2017-2018 budget and appropriate funding for the
ensuing year CIP projects. There are new projects proposed in this
year's CIP, as well as carry-over projects from prior years.
ENVIRONMENTAL:
Environmental documentation and/or clearance for most projects
have been completed. Environmental documentation for the other
projects will be prepared or initiated prior to start of construction.
Minutes--Planning Commission June 13,2017—Page 1 of 15
i
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4343 finding
the proposed FY 2017-2018 Capital Improvement Program in
conformance with the General Plan pursuant to Section 65401 of
the Califomia Government Code,
Motion: It was moved by Thompson and seconded by Lumbard, to approve the
Consent Calendar. Motion carried 5-0. '
7;06 p.m. Opened the Public Hearing Section of the Meeting.
PUBLIC HEARING ITEMS:
4: CONDITIONAL USE PERMIT (CUP) 2017-07 TO EXTEND THE
HOURS OF OPERATION FOR A KARAOKE MUSIC STUDIO AT
14561 & 14571 RED HILL AVENUE
A request to 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 Hill Avenue.
APPLICANT; Sung Hak Ko
JDS Total Design Solution
3183 Wilshire Blvd., Suite 610
Los Angeles, CA 90019
PROPERTY
OWNER: Richter Farms Trust
Interpacific Asset Management Co.
5505 Garden Grove Blvd., Suite 150
Westminster, CA 92683
ENVIRONMENTAL STATUS:
This project is categorically exempt pursuant to the California
Environmental Quality Act (CEQA) Section 15301, Class 1
pertaining to existing facilities.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4342
approving 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.
Dove Presentation given.
Thompson Thompson asked when the applicant opened his business. He also
asked that prior to this business, if,the applicant had done business in
Minutes—Planning Commission June 13,2017—Page 2 of 15
Tustin before and if there was a standing reputation. Thompson referred
to the conditions within the report and asked if they were the same
conditions from the previous report, with the exception of the change in
hours.
DoVe Dove stated that the business opened on March 6, 2017, and that they
are new to the City of Tustin and have an existing business at another
location outside of Tustin. She included that there have been no official
complaints through. the Tustin Police Department Dove also stated that
the only thing eliminated within the conditions had to do with plan
conditions.
Mason Mason asked Dove to confirm there have been no calls since the
submission of the agenda packet.
Dove In response to Mason's question, Dove spoke with the Tustin Police
Department on June 12� and nothing had been reported.
Lumbard Lumbard referred to the proposed conditions and asked staff if there are
six (6) substantiated calls for service, does It automatically revert to the
original hours and would the City still have the authority within the CUP
to modify those hours if there are less than six (6) calls for service.
Bobak In response to Lumbard's questions, Bobak stated that there is always
authority and a specific condition that allows the staff to bring the item
back to the Commission if there are any concerns. If there were
significant concerns, for example, four (4) extremely serious issues, but
not six (6), then staff would have the discretion to bring the item back to
the Commission. i
7:17 p.m. Opened the Public Comment Section of the Item.
7:17 p.m. There were no public comments; therefore the Public Comment Section
was closed.
Thompson Thompson made favorable comments to the applicant and the business.
Lumbard Lumbard's commentslconcems generally included: he mentioned the
original application, the restricted hours so as not to have one business
open that did.not match the hours of the surrounding businesses; the
impact it might have on the neighborhood; his concern with noise level
with the extension of.hours and more people at the business late, which
is what the .City.-was trying. to avoid; he had hesitation to allow it
,wholesale without the expectations being more likely going to have
complaint calls; and- Lumbard was prepared to support the extended
hours with the assurance that if there were issues, then the item would
be re-evaluated.
Minutes—Planning Commission June 13,20117—Page 3 of 15
Mason Mason concurred with Lumbard's concems in terms of the area and
decision made prior and that she was in favor contingent upon the ability
to re-evaluate should there be disruptions.
Kozak Kozak agreed with staffs recommendation, particularly in light of the
new Condition within the Conditions of ApproVal submitted by Dove. He
requested that staff report back to the -Commission, after a 90-day
period, which would complete the typical six (6) month review period on
their performance.
Smith Smith was also in agreement with the comments previously made by his
fellow commissioners. He mentioned giving the applicant flexibility
instead of giving up rights, but give the Commission the ability to return
back to a more controlled position if noise becomes an issue.
Motion: Smith moved to adopt Resolution No. 4342, with the caveat that in three
(3) months' time, that the Commission receive a report back from staff.
It was seconded by Kozak, Motion carried 5-0.
Binsack Binsack confirmed with the Commission that the item would be placed
on the Consent Calendar in the form of report at a future meeting.
Smith previously stated moving Item #7 before Item#5.
REGULAR BUSINESS;
5. TUSTIN HISTORIC REGISTER NOMINATION —WILSON HOUSE
— 148 NORTH B STREET
Owners of historic homes or commercial buildings in Tustin are
eligible to participate in the City's plaque designation program,
called the Tustin Historic Register Plaque Program. The current
property owners, Mr. and Mrs. Norman Alas, are nominating the
property at 148 North B Street for addition to the Tustin Historic
Register Plaque Program. The property owner nomination is being
brought forward to recognize that the building is a significant
example of the Colonial Revival architectural style in the City of
Tustin and was constructed in 1923, The Wilson House is an
appropriate name based on the original owners, Mr. and Mrs. J. L.
Wilson, who,purchased the property on August 29, 1923. The
Conservancy and Historical Society have "both indicated their
concurrence with'thhe proposes[ name and date of the property.
RECOMMENDATION:
That the Planning Commission approve the nomination of 148
North B Street to the City's Historic Register Plaque Program and
select "Wilson House - 1923" as the most appropriate historical
name and date of construction of the property.
Knutes--Planning Commission June 13,2017—Page 4 of 15
Dove Presentation given.
Thompson Thompson made favorable comments and offered to approve the
nomination.
Mason Mason also made favorable comments and agreed with Thompson.
Lumbard Lumbard made favorable comments regarding the historic.program and
was also in support of the nomination.
f
Smith Smith echoed his fellow commissioners' comments and commended the
property owners for the upkeep of their home. .
Kozak Kozak also echoed his fellow commissioners' comments as well as I
commending the property owners. F
Carson Alas, daughter of Mr. and Mrs. Alas, thanked the Commission for
their support Mrs. Alas also thanked Dove for her assistance with the
nomination.
Motion: It was moved by Thompson, seconded by Mason to approve the
nomination of 148 North B Street to the City's Historic Register Plaque
Program and select "Wilson House -- 1923" as the most appropriate
historical name and date of construction of the property. Motion carried
5-0.
Smith Smith and Lumbard recused themselves from Item #6 being that they
live in the Tustin Legacy area. Kozak to Chair the item.
PUBLIC HEARING:
6. TUSTIN LEGACY SPECIFIC PLAN AMENDMENT 201501,
GENERAL PLAN AMENDMENT 2015-02, AND FINAL
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT
A request for MCAS Tustin Specific Plan Amendment 2015-01 to
allow 2,212 additional homes and 1,755,306 fewer square feet of
nonresidential building space at Tustin Legacy and to introduce
new mixed-use urban and mixed-use transit land uses in the project
area. General Plan Amendment 2015-02 would include minor text
amendment to ensure consistency with the proposed Specific Plan
Amendment,
APPLICANT: City of Tustin
300 Centennial Way
Tustin, CA 92780
LOCATION: Tustin Legacy(Formerly MCAS Tustin)
Minutes—Planning commission June 13, 2017—Page 6 of 15
ENVIRONMENTAL.:
On January 16, 2001, the City of Tustin certified the Program Final
Environmental Impact StatementlEnvironmental Impact Report
(FEISIEIR) for the reuse and disposal of MCAS, Tustin. On
December 6, 2004, the City Council adopted Resolution No. 0476
approving a supplement to the FEISIEIR for the extension of Tustin
Ranch Road between Walnut Avenue and the future alignment of
Valencia North Loop Road. On April 3, 2006, the City Council
adopted Resolution No. 06-43 approving an addendum to the
FEISIEIR and, on May 13, 2013, the City Council adopted
Resolution No. 13-32 approving a second addendum to the
FEISIEIR. The FEISIEIR, along with its addenda and supplement,
is a Program EIR under the Califomia Environmental Quality Act
(CEQA). The FEISIEIR, addenda and supplement considered the
potential environmental impacts associated with development on
the former MCAS, Tustin.
A Final Supplemental EIR #2 (FSEIR) for the Tustin Legacy
Specific Plan Amendment and General Flan Amendment has been
completed. The FSEIR analyzed impacts to eight environmental
topical areas: air quality, greenhouse gas emissions, land use and
planning, noise, population and housing, public services (schools),
transportation and traffic, and utilities and service systems.
Pursuant to Public Resources Code and CEQA Guidelines, the
changes proposed by the project would not result in any new
environmental impacts, or increase the severity of environmental
impacts.
RECOMMENDATION:
That the Planning Commission:
1. Adopt Resolution No. 4339, recommending that the City Council
finds the FSEIR for General Plan Amendment (GPA) 2015-02
and MCAS Tustin Specific Plan Amendment (SPA) 2015-01 is
adequate.
2. Adopt Resolution No. 4340, recommending that the City Council
approve GPA 2015-02 for minor text amendment to ensure
consistency with the proposed Specific Pian Amendment 2015-
01;
Minutes--Planning Commission June 13,2017—Page 6 of 15
3. Adopt Resolution No. 4341, recommending that the City Council
adopt Ordinance No. 1482 for Specific Plan Amendment 201&
01 by changing the mix and layout of land uses, introducing
mixed-use transit and mixed-use urban, and allowing 2,212
additional homes and 1,755,306 fewer square feet of
nonresidential building space.
Binsack,Wilikom Binsack thanked the Commission for their efforts in reviewing the
& PlaceWorks documents within the report, as well as all parties involved including:
PlaceWorks, City staff, especially the project management of Justina
Willkom, as well as others including Doug Stack, Ken Nishikawa, Krys
Saldivar, John Buchanan, Jerry Craig, Ryan Swiontek, etc. Presentation
given by Binsack on the background, Willkom on the notification and
comments from agencies, Karen Gully on the plan, and Nicole Morse on
the environmental documents.
Thompson Thompson referred to the staff report with regards to the development
that has already occurred, but in the Specific Plan document he asked if
there is a summary of what is already on the ground versus .what is
looking ahead. Thompson also stated that if the information is not in the
Specific Plan documents, he suggested integrating what is in the staff €
report, into the Specific Plan documents,
Willkom In response to Thompson's questions, Willkom referred to Page 7 of the
staff report (Table 2) which provided the statistical summary of the
adopted Specific Plan compared to the proposed Specific Plan, as to !
what has been built or approved or entitled, and the remaining to be
built. She further stated that the Specific Plan is a regulatory document
that typically does not contain the number of built/existing developments.
Wilikom added that with regards to the environmental, there is
information related to what has been built and what is being proposed to
capture the existing and proposed conditions.
Binsack Binsack also added, that the Specific Plan is a regulatory document,
similar to the Tustin City Code (TCC) or the Zoning Code, and when the
City approves a development project in the city, staff does not modify the
TCC or the General Plan to identify that a project has occurred
somewhere. She further explained that as part of the EIR process and
the Mitigation Monitoring Report updates on the Tustin Legacy, which
are brought to the Commission and the City Council on an annual basis
which shows what was approved, what was constructed,.and what is
remaining. Binsack included that in order to modify the Specfic Plan
document, staff would have to go through a public hearing and amend
the document which is why through the Mitigation Monitoring program,
staff is able to provide updates to the Planning Commission and the City
Council annually.
Minutes—Planning Commission,lune 13,2017—Page 7 of 15
Thompson Thompson's expressed concern with trying to understand what was
remaining because he felt it was difficult to understand since there are
now 6,500 units that are proposed but it appears half of the units are
already built. He suggested adding this information in an appendix or
footnote.
Binsack Binsack asked if the Commission was desirous, staff could incorporate
Table 2 from the staff report, into the Specific Plan document.
Kozak Kozak asked if what she stated would require an amendment or
modification to any of the recommended actions.
Binsack In response to Kozak's question, Binsack informed him he could make
that recommendation to the City Council, the adopting body.
Mason Mason asked about the agencies that reached out to City staff with
concerns, where staff responded June 1, 2017, if there was any closure
expected from the feedback based on staffs response that their needs
have been met.
Willkom In response to Mason's question, Willkom stated that under the CEQA
law, the agencies that responded generally have ten (10) days to
respond, prior to final action. She included that as of the meeting date,
other than the two (2) agencies that provided comments, which were
provided to the Commission, other agencies had not responded further.
8,15 P.M. Opened the Public Comments Section.
Mr. Tab Johnson, resident and board member of Columbus Square, in
general voiced his comments/concerns with the following: the
notification process (i.e. community boards affected by the project)
before the Specific Plan is adopted; he was unaware of community
meetings; he requested an additional review period; concern with
removing critical mass from Planning Areas (PAs) 13, 14 and moving to
PA 15; conoem with what would. become of PA 15; and he referred to
Footnote #6 and how community senior housing is considered
commercial.
Ms, Shelly Madison, resident of Tustin Field. F, spoke in opposition of the
item and her concerns generally included: housing development as well
as the change in the number of housing units; traffic studies; new
housing development (Amalfi Apartments) looks like "public housing";
concern with density; crime rate will increase; overbuilding parking; she
would like to see more jobs; the city needs police sub-stations (central,
north and south); increase 1n homeless population; increase to already
overcrowded schools; and said she was not notified by her HOA of this
item.
8:29 p.m. Closed the Public Comments Section.
Minutes—Planning Commission June 13,20`17—Page 8 of 16
Binsack In response to the concern with notification, Binsack stated that the City
did hold multiple public workshops, with the first workshop occurring in
2013, which was when the City Council asked staff to undertake an effort
to determine the various mix of land uses.that made the most sense and
the most successful going further and to ensure the City did not breach
in any environmental threshold. She stated that not everybody is going
to live and work in that community but that there is also a desire to try to
encourage a comprehensive community. Binsack referred to the Flight
(creative office) as an example which the City Council and the Planning
Commission approved this past year. She added that the desire is to
ensure there are places that people will be working there and will have
the opportunity to live within that community (i.e, to reduce the amount of
traffic congestion). The goal is create a sustainable masterplanned
community. Binsack also said there were at least three (3) other public
workshops held in 2014 and 2015 (i.e. The Chamber, ULI, Tustin
Academy) and all documents were provided on the City's website. As
for the public hearing, City staff went above and beyond, which is
required by State law, and as far as the legal notification, Binsack
recognized not everybody reads the newspaper, which is why the larger
notification of the newspaper included all of the existing established
communities. Staff also provided postings at all major entrances of the
Tustin Legacy. Lastly, Binsack stated that the Commission would be the
recommending body to the City Council, typically 30 days later with two
(2) hearings before the City Council.
Thompson Thompson asked if the notices were sent to the HOA"s.
Binsack Binsack stated that State law identifies if it is over a certain number of
individuals that are to be notified, it allows for an alternative way of
providing notification. Again, staff went over and above that requirement
and did provide HOA notification.
Kozak Kozak asked about traffic and circulation. He asked staff to explain how
those areas were analyzed and at what depth, other than relevant
studies.
Nicole Morse, PlaceWorks, stated that they looked at the original traffic
analysis and then hired Stantec to prepare a traffic study to look at the
build out of the proposed Specific Plan. She also stated that all of the
mitigation measures that were identified in the original EIR apply also to
the proposed.. $peclflc Plan.: Ms. .Morse included that all of the
intersections that were studied showed no new impacts, and there were
no new mitigation measures required.
Mason Mason asked for.further clarification in terms of the traffic and density
through the traffic study, and if PlaceWorks saw a material increase or
decrease in the traffic patterns during that time based on what was
approved prior.
Minutes—Planning Commission June 13,2017—Page 9 of 15
Ms. Morse stated that Mason was correct. She included that
PlaceWorks had to look at another traffic analysis to see how the
distribution of traffic would change because even though there was an
increase in total number of trips, there was not a re-distribution because
of the new mix of land uses between residential and nonresidential.
Saldivar Krys Saldivar, Public'Works, further explained that staff and PlaceWorks
compared the modified Specific Plan with the adopted Specific Plan,
which was their criteria in determining significant impacts, She
explained to the Commission that if they were to look at the traffic
analysis today to 2035 build out, there will be an increase in traffic, but
as far as what the City is obligated to do during this traffic study is to
determine the impacts due to the changes that staff is proposing to the
Specific Pian. Saldivar stated that there were no significant impacts at
what was analyzed previously.
Kozak Kozak commented that the mix or patterns of traffic would change but
not the overall traffic average daily travel, etc.
Saldivar Saldivar explained that the non-residential trips do not change but with
the increase in the number of units, it would increase the overall trip
generation for the Specific Plan.
Thompson Thompson commented on what Binsack stated previously, referring to
the number of units being considered and the original non-residential
units, and finding a better balance between the two (2) along with the
studies that have been done.
Binsack In response to the comments previously made on the senior project
being identified as a commercial use, Binsack explained that it is not
reflective as being similar to the Coventry, which was located at
Columbus Square. She added that the senior project, as a commercial
use, is more of a congregate care facility, which can be considered
commercial use versus a residential use even though individuals reside
there. It operates more as a commercial facility versus a residential
facility. Binsack further stated that in some instances, it can be
considered "half and half, It just depends on how independent living
occurs at a facility such as that. The City would make that determination
if such a facility were to come in for a presentation. As per the comment
regarding the need for a police sub-station; Binsack stated that the
City/Police Department are currently considering a police sub-station in
the near future.
Mason Mason asked for the time period for the community.
Willkom Willkom stated that the analysis shows the build out would be 2035.
8;39 p.m. Kozak Re-Opened the Public Comments Section.
Minutes—Planning Commission June 13,2017—Page 10 of 15
Mr, Johnson further commented that he understood staff has met the
legal requirements, as well as going above and beyond, but he feels the
City should be following the same procedural standards as private
developers would, as far as notification.
8:43 p.m. Kozak Closed the Public Comment Section.
Thompson Thompson thanked the two (2) residents for speaking. In general, he
commented on the following: the feedback received and how it fi#s into
the plan; traffic being a key issue and a part of the history of the Specific
Plan; he stated it was interesting to see that today's comments from the
City of Irvine were simply "clarification", there's no lawsuit pending;
agreed with the comments the two (2) residents stated previously
regarding traffic; he embellished on the mobility and connectivity of the
area, and referred to the South Coast Plaza as a model and the bridges
that connect from the street; discussed regional planning and potential
pathways that could occur in the future between the area and the
Metrolink as well as John Wayne Airport, and used Tustin Ranch Road
as an example of such connectivity; referrers to the Katherine Spur bike
trail as a "bad example" that wasn't mapped; discussed water
conservation and provided the example that when communities grow,
the demand for water actually falls even though there are more units, so
he suggested staff collaborate with Irvine Ranch Water District, and
when the City is proposing these water features in the community, they
should have a recycled component to them,
Mason Mason suggested an opportunity for the public to provide input into the
Specific Plan. She stated that when the developers come in to propose
to the communities, the public will have an opportunity to provide input
as we build out over time. Mason included that addressing the needs of
the community and that it is meaningful for Tustin over the long term and
there will be opportunities for amendments. She referred to SPA Section
5.2.4 "commitment to take input from the public" and to make sure the
community is heard and is vocal.
Kozak Kozak's comments generally included: he sees the document as a
programmatic master plan for the purpose of identifying the types of
development, uses, to reposition the available, developable land that is
currently available on the Tustin Legacy, and reposition that land and the
developments that would be entitled so that they meet market demand,
is a complete community, and is reflective of Tustin through 2035; he
appreciates the comments from the two ,(2) residents that spoke; the
mixed-use concept is something that is aimed at the current and future
homebuyers of the millennial generation; the -reduction of the non-
residential/commercial uses will be balanced out through the individual
projects and entitlement proposals that will be coming through and staff
will be looking at each individual proposal to fit into the Specific Plan, as
well as the connectivity to other modes of transportation; he stated it
would be appropriate for the Commission to take the three (3)
recommended actions under consideration and would entertain a
Minutes—Planning Commission June 13,2017—Page 11 of 15
motion, with the comments from Thompson indicative of reporting back
previously mentioned by his fellow Commissioners
Thompson Thompson was in support of Kozak's recommendation, with some
qualifications, which were discussed earlier on clarification in the
document to show what has been completed so far and what is
remaining, as it relates to the amendment. He asked staff how to
embellish the aspect of mobility and land use in future considerations.
Also, if the City Council could consider having a pathway added that is
not defining a project but it is a pathway that could support a future
project (i.e. linear parkway). Thompson again mentioned the water
conservation aspect. Also, that staff make it clear when the next public
workshop is and to continue to go above and beyond on the notification
process.
Mason Mason had favorable comments on the presentation and the presenters.
Again, she addressed the audience as to the residents who spoke their
concerns. Mason also commended the entire team for doing a "stellar'
job. She asked if there is an aspect between now and before the item is
presented to the City Council on an education forum for the community
to address concerns as we continue developing the area.
Kozak Kozak asked Bobak if the Commission could direct staff to provide those
comments to the City Council, and if the Commission is nearing or over
the scope of the EIR.
Binsack Binsack's response to the commentslconcems previously made
generally included: she referred to Table 2, which identifies the
summary of where the City is and where the City is potentially going and
incorporating the suggested comments Thompson made previously into
the Specific Plan; multi-mobile systems on a regional basis and
identifying a transportation system (i.e. rail line) on a map would be
beyond the scope of this item and the City Council did this at the last
strategic plan workshop meeting and discussed updating the City's
Genera[ Plan and that would be the appropriate time for the City to take
a look at this; she told the Commission they could make a
recommendation to the City Council identifying they would like staff to
take a look at moving forward; water conservation/efficiency — is a
necessity and would be incorporated into any water feature proposed in
the future and could also include that as a Commissioner comment that
was made and a concern identified -at the hearing; the Commission
could make a recommendation on additional notification between now
and whenever the item is taken to the City Council and staff'could also
reach out via social media in a more significant way, provide additional
postings (i.e. City's website) as well as reach out in a more significant
way to the various HOA's.
Minutes—Planning Commission June 13,2017—Page 12 of 15
Collectively, the Commission made favorable comments to the team and
the presentation.
Motion. It was moved by Kozak, on all three (3) recommended actions,
seconded by Thompson with Binsack's 3 features of clarification. Motion
carried 3-0-2,
9:02 p.m. Stopped Meeting for a Brief Recess,
9:12 p.m. Resumed Meeting.
Both Lumbard and Smith returned to the dais to continue with the
meeting.
7. CONTINUANCE OF CODE AMENDMENT 2017-004
On June 18, 2015, the United States Supreme Court issued a
decision in Reed v. Town of Gilbert, AZ, and determined that
categorizing signs based on their content violated the First
Amendment, In response to this decision, .most cities nationwide
have reviewed their existing sign codes to determine if they are in
violation of the First Amendment,
Code Amendment (CA) 2017-004 proposes to amend Article 9
Chapter 4 of the Tustin City Code, related to temporary signs on
private property and in the public right-of-way, in accordance with a
2015 United States Supreme Court decision.
CA 2017-004 was properly noticed for a June 13, 2017, public
hearing. However, based on the complexity of this issue and the
potential legal ramifications, a continuanoe is requested.
RECOMMENDATION:
Staff recommends that the Planning Commission table their
consideration of CA 2017-004 to provide sufficient time for staff to
conduct additional research and to provide public hearing
notification for a re-noticed public hearing to those most potentially
impacted by the proposed CA.
Motion. It was moved by Mason, seconded by Lumbard, to table the item in
order to provide sufficient time for staff to conduct additional research
and to provide public hearing. notification for a re-noticed, public hearing
to those most potentially impacted by the proposed CA., Motion carried
5-0.
STAFF CONCERNS:
Binsack Binsack congratulated Smith, Kozak and Lumbard on their re-
appointments.
Minutes—Planning Commission June 13, 2017—Page 13 of 15
COMMISSION CONCERNS:
Mason Mason commended Wllkom and the team for a job well done on the
Specific Plan Amendment item. She attended the following events:
• 4/29: Cops, Cars &Coffee'hosted by Tustin P.D.
• 5/11: Tustin Night at the Los Angeles Angeles Stadium
• 5/18: Completed Harassment Prevention Training
• 6/4: Tustin's Chili Cook-Off
Mason congratulated her fellow Commissioners on their re-
appointments.
Lumbard Lumbard congratulated his fellow Commissioners on their re-
appointments and thanked everyone for his re-appointment. He
attended the following events:
• 4/29: Cops, Cars & Coffee hosted by Tustin P.D.
6/8: Tustin's State of the City Address
• 6/14: Flag Day
Thompson Thompson commended staff on the presentation. He requested that the
Hewes House item be included on the Commission's next Planning
Commission agenda. Thompson attended the following events:
• 5/2-5/4: ULI Conference in Seattle,WA
• 5/6: Home and Garden Tour
• 5/18: OCTA Technical Innovation and Ad Hoc Committee
• 6/8: Tustin's State of the City Address
6/4: Tustin's Chili Cook-Off
Thompson congratulated his fellow Commissioners on their re-
appointments.
Binsack Binsack stated that the Hewes House commendation is a Federal
designation (National Register of Historic Places) and that the Mayor did
write a letter to the Historic Preservation Office informing them the
nomination would be forwarded to the Commission (the Cultural
Resources body) and will be added to the Commission's agenda on July
11th which will provide the Commission's consideration in plenty of time
before taken to the City Council for their consideration.
Kozak Kozak congratulated staff and the team on the. SPA and EIR
Supplemental. He also congratulated his fellow commissioner; on their
re-appointments. Kozak attended the following events:
* 4129, Tustin Exchange Club Casino Night for the
Veterans
Minutes—Planning Commission June 13,2017—Page 14 of 15
• 5l6: Tustin Exchange Club Kentucky Derby fundralser
for Veterans
• 5f7: Street Naming Dedication in Honor of Ralph Plum,
U,S. Navy
• 5/10: Officer Wally Karp Annual Memorial
• 5111: California Preservation Foundation Historic
Preservation Workshop— Pasadena
0 614: Tustin's Chili Cook-Off
• 618: Tustin's State of the City Address
Kozak asked .everyone to send their thoughts and prayers to Council
Member, Chuck Puckett, on his speedy recovery from open heart
surgery. Congratulations to Robert Machado pnd Susan McIntosh who
on June 9t' were selected as the Tustin Area Man &Woman of the Year,
Smith Smith congratulated Kozak and Lumbard on their re-appointments and
thanked his fellow Commissioners for re-appointing him. He attended
the following events:
4129: Cops, Coffee & Cars
• 618: Tustin's State of the City Address
9:25 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, June 27, 2017, at 7:00 p.m. in the Council Chamber at 300
Centennial Way.
R ER TO SMITH
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
Minutes--Planning Commission June 13,2017—Page 15 of 15
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ATTACHMENT H
Planning Commission Resolution No. 4357
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RESOLUTION NO. 4357
A RESOLUTION OF THE PLANNING COMMISSION .OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL
USE PERMIT 2017-16 TO ESTABLISH A RESTAURANT USE IN
CONJUNCTION WITH AN EXISTING KARAOKE MUSIC
STUDIO AND ON-SITE CONSUMPTION OF ALCOHOLIC
BEVERAGES IN AN EXISTING 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 Dinesh Mistry to establish a
restaurant use and on-site consumption of alcoholic beverages in conjunction
with an existing karaoke music studio at an existing large retail center located
at 14561 and 14571 Red Hill Avenue.
B. 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.
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 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.
E. That on June 13, 2017, the Planning Commission approved Conditional Use
Permit 2017-06 to modify Conditional Use Permit 2016-08 to extend the
hours of operation for the karaoke music studio from 2:00 p.m. to 2:00 a.m.
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.
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
Resolution No. 4357
Page 2
Conditional Use Permit (CUP). Pursuant to Section 9233a1, a restaurant
use is permitted.
H. Pursuant to TCC Section 9232b2 alcoholic beverage sales establishments
are permitted in the Retail Commercial District (C-2) with the approval of a
CUP subject to the Planning Commission's Guidelines for Alcoholic
Beverage Sales Establishments.
I. That a public hearing was duly called, noticed, and held on said
application on December 12, 2017, by the Planning Commission,
J. 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 restaurant establishment in conjunction with an existing karaoke
music studio is located within a commercial building and on a
commercial corridor along Red Hill Avenue where a variety of retail,
office and restaurant uses are located.
2. That the Building Division has issued a Certificate of Occupancy and
the tenant improvements, including cooking facilities for restaurant
operations and soundproof karaoke booths, have been completed in
compliance with Conditions of Approval contained in Resolution No.
4319.
3. The proposed use, as conditioned, would occur entirely within the
building and would be conditioned to comply with the Tustin Noise
Ordinance and General Plan Noise Element.
4. That the Tustin Police Department has received no complaints and has
responded to only one service call related to vandalism at 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 Nos. 4319 and
4342 are carried forward in Resolution No. 4357 so that- if, upon
approval of CUP 2017-16, impacts occur,-the City-can take appropriate I
action to address them.
6. That the Voko Karaoke music studio operators have installed security
cameras on the exterior elevations of the business and have the ability
to conduct visual surveillance into the karaoke studio rooms to
maintain control of the premises.
Resolution No. 4357
Page 3
7. That, as conditioned, if the use is not operated in accordance with the
conditions of approval or is found to be a nuisance or negative impacts
are affecting the surrounding tenants or neighborhood, the Community
Development Director may impose additional conditions to eliminate
the nuisance or negative impacts, or may initiate proceedings to
revoke the Conditional Use Permit.
8. The proposed sale of on-site alcoholic beverages in conjunction with a
restaurant use is allowed within the C2 Zoning District with the
approval of a CUP.
9. Pursuant to TCC Section 9271(dd), bona fide restaurants with on-site I
alcoholic beverage sales are exempt from distance separation
requirements to residential uses, sensitive uses, and other alcoholic
beverage sales establishments,
10.As conditioned, the proposed on-site consumption of alcoholic
beverages is consistent with the Alcoholic Beverage Sales
Establishment Guidelines as amended by the Planning Commission
and adopted by the City Council on May 21, 2001.
11.That the operational characteristics and features of the facility such as
consumption of alcoholic .beverages in conjunction with a restaurant
use are appropriate for the location and type of use proposed in
relation to surrounding residential areas, sensitive uses such as places
of worship, parks, schools, hospitals, clinics, convalescent homes and
other similar uses selling or serving alcoholic beverages. I
I
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.
i
II. The Planning Commission hereby approves CUP 2017-16 to establish a
restaurant use within an existing karaoke music studio with on-site consumption
of alcoholic beverages within a 5,000 square foot tenant space at an existing
large Retail Center located at 14561 & 14571 Red Hill Avenue.
I
Resolution No, 4357
Page 4
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting on the 12th day of December, 2017.
RYDER TODD SMITH
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
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Resolution No. 4357
Page 5
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. 4357 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission, held
on the 12th day of December, 2017..
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
ELIZABETH A. BINSACK
Planning Commission Secretary
i
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EXHIBIT A
RESOLUTION NO. 4357
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT(CUP) 2017-16
14561 & 14571 RED HILL AVENUE
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted
plans for the project date stamped December 12, 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) 2017-16 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 Conditional Use Permit 2017-16 may be reviewed annually or more often,
if deemed necessary by the Community Development Department, to
ensure compatibility with the area and compliance with the conditions
contained herein. If the use is not operated in accordance with the
conditions of approval or is found to be a nuisance or negative impacts
are affecting the surrounding tenants or neighborhood, the Community
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. 4357
Page 2
Development Director may impose additional conditions to eliminate the
nuisance or negative impacts, or may initiate proceedings to revoke the
Conditional Use Permit.
(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 2017-16, 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.
(1) 1.9 All conditions of approval contained within Planning Commission
Resolutions 4319 and 4342, shall remain in full force and effect except as
modified herein.
Exhibit A
Resolution No. 4357
Page 3
USE RESTRICTIONS
(5) 2.1 This approval authorizes the sale and on-site consumption of alcoholic
beverages subject to the use remaining as a restaurant (bona fide
eating place) in conjunction with a karaoke music studio. The on-site
consumption of alcoholic beverages must be consistent with the
Department of Alcoholic Beverage Control requirements. Any changes
to the ABC License shall be reviewed and approved by the Community
Development Director.
(5) 2.2 The applicant shall obtain the appropriate license from the State
Department of Alcoholic Beverage Control for the type of alcoholic sales
authorized for the site (Type 41). A copy shall be provided to the City prior
to final inspection. Any violations of the regulations of the Department of
Alcoholic Beverage Control as they pertain to the subject location, or of
the City of Tustin, as they relate to the sale of alcoholic beverages, may
result in the revocation of the subject Conditional Use Permit, as provided
for in the TCC.
(5) 2.3 The sale and consumption of alcoholic beverages in the restaurant in
conjunction with a karaoke studio shall be restricted by and subject to any
required State Alcoholic Beverage Control (ABC) or other applicable
license or permit governing the business establishment.
(1) 2.4 Any cocktail lounge or bar area within the restaurant shall function as a
food and beverage service bar.
(1) 2.5 No off-site sale or consumption of alcohol is authorized, except partially
consumed bottles of wine as authorized in Business and Professions
Code Section 23396.5.
(1), 2.6 All persons serving alcoholic beverages within a restaurant establishment
(5) must be 18 years of age or older and supervised by someone 21 years of
age or older. The supervisor shall be present in the same area as point of
sale.
(5) 2.7 The restaurant establishment within the existing karaoke music studio
must comply with the approved plans and regulations and requirements
set forth in Planning Commission Resolutions 4319 and 4342. Any
significant modifications to the karaoke music studio must be approved by
the Community Development Director.
Exhibit A
Resolution No. 4357
Page 4
(1) 2.8 All business activities related to the restaurant shall be conducted entirely
within the subject building. Outdoor dining is specifically prohibited unless
approval is obtained by the Director of Community Development.
(1) 2.9 The menu of the restaurant shall consist of foods that are prepared on the
premises. Food shall be available during all hours of operation.
(1) 2.10 The restaurant shall operate within all applicable federal, state, county,
and Tustin City Code provisions, including the City of Tustin Noise
Ordinance. Any violations of the regulations of the Department of
Alcoholic Beverage Control as they pertain to the subject location, or the
City of Tustin, as they relate to the sale of alcoholic beverages, may result
in the revocation of the subject Conditional Use Permit, as provided in the
Tustin City Code.
(1) 2.11 The gross annual sales of food shall exceed the sale of alcohol.
(1) 2.12 The gross annual sales receipts shall be provided to the Community
Development Department upon request. To verify that the gross annual
sale of food exceeds the gross annual sales, an audited financial
statement shall be provided for review and approval by the Community
Development Director upon request. If the audited financial statement
demonstrates that the sale of alcohol exceeds the sale of food, the sale of
alcoholic beverages shall cease immediately.
(1) 2.13 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.
Food shall be served during all hours of operation. Sales of alcoholic
beverages shall cease one-half hour prior to closing.
(5) 2.14 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. 4357
Page 5
(1) 2.15 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), 2.16 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.
(1) 2.17 The applicant shall install and maintain security cameras and a three-
month video library that covers all common areas of the business,
sidewalk areas, and entrances or exits. Security cameras shall operate
24 hours, 7 days a week. The videotapes shall be made available to
police upon request. Location and areas covered by video cameras shall
be to the satisfaction of the Tustin Police Department.
(5) 2.18 "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) 2.19 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.
(5) 2.20 No amusement devices other than karaoke machines, including but not
limited to video games shall be permitted.
(5) 2.21 No sexually oriented businesses shall be conducted on the premises
without approval by the City in accordance with the TCC.
(5) 2.22 Doors to the karaoke music studio and restaurant shall remain closed at
all times during operational hours.
(5) 2.23 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) 2.24 Signage shall comply with the Red Hill Village Shopping Center Master
Sign Program.
Exhibit A
Resolution No. 4357
Page 6
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.
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