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HomeMy WebLinkAboutPC RES 4357 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. Resolution No. 4357 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). 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 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 action to address them. Resolution No. 4357 Page 3 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. 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 revolve 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. 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. 11. 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 1114571 Red Hill Avenue. Resolution No. 4357 Page 4 PASSED AND ADOPTED by the IPlanning Commission of the City of Tustin at a regular meeting on the 12t�' day of December, 2017. RYDER TODD SMITH! 77� Chairperson 7 z ELIZABETH A. DINS AC Planning Commission Secretary Resolution No. 4357 Page 5 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 11, Elizabeth A. B,insack, 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 12 th day of December, 2017. PLANNING COMMISSIONER AYE& Kozak, Mason, Smith, Thompson (4) PLANNING COMMISSIONER NOES: Lombard PLANNING COMMISSIONER ABSTAINED-. PLANNING COMMSSIONER ABSENT: eld- llc-141.......... ELIZABETH A. BINSACK Planning Commission Secretary 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 shall 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) 2.6 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), 2.18 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.