HomeMy WebLinkAbout02 UD 06-001, CUP 06-001
ITEM #2
Report to the
Planning Commission
DATE:
SUBJECT:
PROPERTY
OWNER:
APPLICANT:
LOCATION:
ZONING:
MARCH 27, 2006
USE DETERMINATION 06-001, CONDITIONAL USE PERMIT
06-001
EL CAMINO PLAZA
ATTN: WILLIAM ZAP PAS
700 EL CAMINO REAL
TUSTIN, CA 92780
VICKY YEONJUNG KIM-NAM
1479 STARBUCK STREET
FULLERTON, CA 92833
656 EL CAMINO REAL
CENTRAL COMMERCIAL (C-2)
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO
SECTION 15301 (CLASS 1) OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
REQUEST:
A REQUEST FOR A USE DETERMINATION TO ESTABLISH A
KARAOKE MUSIC STUDIO AS A CONDITIONALLY PERMITTED
USE IN THE CENTRAL COMMERCIAL (C-2) ZONING DISTRICT
AND TO CONDITIONALLY PERMIT THE PROPOSED USE AT
656 EL CAMINO REAL.
RECOMMENDATION
That the Planning Commission:
1. Adopt Resolution No. 4018, approving Use Determination 06-001 to allow for
karaoke music studios as a conditionally permitted use within the Central
Commercial (C-2) zoning district.
2. Adopt Resolution No. 4019, approving Conditional Use Permit 06-001 to
establish a karaoke music studio in an existing 2,000 square foot tenant space
located at 656 EI Camino Real.
UD 06-001 & CUP 06-001
March 27 I 2006
Page 2
BACKGROUND
Site and Surrounding Properties
The site is located at the southwest corner of EI Camino Real and Sixth Street in the EI
Camino Plaza shopping center and within the Central Commercial (C-2) Zoning District
and Old Town Commercial General Plan land Use Designation. Surrounding uses
include additional retail uses to the east with Planned Industrial (PM) uses to the west, a
parking lot followed by retail to the north, and an office building and the Interstate 5
Freeway to the south (see Attachment A - Location Map).
Public Noticing
A public hearing notice identifying the time, date, and location of the public hearing for
the proposal was published in the Tustin News on March 16, 2006. Property owners
within 300 feet of the site were notified of the hearing by mail; a hearing sign is posted on
the site; and, the hearing notice was posted at City Hall on March 16,2006. The applicant
was informed of the availability of the agenda and staff report for this item.
Application Submittal
Staff has informed the applicant that assembly uses in the (C-2) zoning district generally
require the approval of a conditional use permit. As such the applicant has chosen to
submit a use determination and conditional use permit for concurrent review.
USE DETERMINATION
The Central Commercial (C-2) zoning district does not list karaoke music studios as
permitted, conditionally permitted or prohibited uses. Section 9233a of the Tustin City
Code allows the Planning Commission to determine if unlisted uses are similar to other
uses in the district. A Use Determination is necessary to decide if the proposed use
would be permitted, conditionally permitted or prohibited in the zoning district. When
determining whether a use is similar in character to the particular uses allowed in the
district, the Planning Commission should consider the following criteria outlined in
Tustin City Code Section 9298b including the use's:
1) Effect upon the public health, safety and general welfare of the neighborhood
involved and the City at large;
2) Effect upon traffic conditions; and/or
3) Effect upon the orderly development of the area in question and the City at large,
in regard to the general planning of the whole community.
UD 06-001 & CUP 06-001
March 27. 2006
Page 3
The applicant is proposing to operate a karaoke music studio that will involve various
sound proof booths.
. Customers participate, in this instance, in private booths and are prompted
on a television screen with lyrics to songs accompanied by an amplified
system.
. Customers compete against one another in singing contests.
. Generally customers arrive in groups and will not be competing randomly
with other singers.
The C-2 zoning district allows for a variety of retail, service commercial, and office uses
that are similar in nature to a karaoke music studio. The proposed karaoke music
studio would be classified as a service business, which are permitted uses in the C-2
zoning district. Uses comparable to the proposed karaoke music studio would be
amusement resorts, arcades and private recreational facilities which are conditionally
permitted in the C-2 zoning district per City Code Section 9233c(a.1).
An approval of Use Determination 06-001 can be supported by the following findings:
1) A karaoke music studio is consistent with the intent of the Central Commercial
(C-2) zoning district to allow for a variety of retail and service commercial uses.
2) Similar service businesses located within the Central Commercial (C-2) zoning
district are conditionally permitted.
3) The proposed use would not have a detrimental effect on the public health,
safety and general welfare of the community in that the proposed business would
be consistent with other businesses within the C-2 zoning district.
4) Any possible effect on existing traffic conditions could be controlled through
placing conditions on parking, maximum occupancy, and hours of operation. In
addition further traffic analysis could be required through the Conditional Use
Permit application process.
5) To ensure compatibility, proposals would be reviewed on a case-by-case basis
and subject to the conditional use permit process and public noticing requirements.
Conditions may be included to ensure that there will be no adverse effects on the
neighborhood, i.e. soundproofing the booths to comply with the City of Tustin
Noise Ordinance.
CONDITIONAL USE PERMIT
Project Description
The applicant is proposing to operate a karaoke music studio within an existing 2,000
square foot tenant space located at 656 EI Camino Real in the EL Camino Plaza.
UD 06-001 & CUP 06-001
March 27 I 2006
Page 4
Tenant improvements will involve the construction of small soundproof booths with
windows for singing karaoke. There are plans for eleven (11) individual booths of
varying dimensions. Each booth will contain a karaoke machine and a couch. Pursuant
to Condition 4.6, lighting will be of a sufficient wattage to see inside the booth and no
light switches will be permitted in the booths. In addition, the doors of the karaoke
booths will not have locks.
Currently the tenant space located at 656 EI Camino Real is occupied by a Vitamin
shop operating as a retail use. The adjacent tenant space located at 654 EI Camino
Real is the Nam Dae Gam restaurant, which is operated by the applicant. The applicant
is not proposing to operate the businesses together, or involve food service in
conjunction with the karaoke use.
Food service will be limited to the prepackaged items such as chips and soft drinks.
Pursuant to Condition 4.5, the sale and/or consumption of alcohol is not proposed, as
such no alcohol will be allowed on the premises. Hours of operation will be limited from
10:00 a.m. to 12:00 a.m. daily. These hours are consistent with other businesses in the
plaza and are the same hours as the applicant's adjacent restaurant, Nam Dae Gam.
Parking
The tenant space was originally intended for retail use and was allotted ten (10) parking
spaces based on the parking ratio of one (1) space per 200 square feet of gross floor area.
Based on the spaces allotted to the tenant space, planning staff calculated the maximum
number of persons the site could accommodate. The karaoke music studio is classified as
an assembly type use which has a parking ratio of one (1) parking space per every
three (3) persons. Using the same number of ten (10) parking spaces, the business
could accommodate up to thirty (30) persons at any given time. Staff has added
Condition 4.1 to reflect this limitation.
The City of Tustin Engineering Department has reviewed the proposed karaoke music
studio and determined that there is sufficient capacity to accommodate the proposed
project. No significant net change (Daily, AM, or PM peak hour) in trip generation over the
existing shopping center use is anticipated.
FINDINGS
In determining whether to approve the Conditional Use Permit for the proposed karaoke
music studio, the Planning Commission must determine whether or not the proposed use
will be detrimental to the health, safety, morals, comfort, and general welfare of the
persons residing in or working in the neighborhood or whether it will be injurious or
detrimental to property or improvements in the vicinity or to the welfare of the City. A
decision to approve this request may be supported by the following findings:
1) The proposed use, as conditioned would not be detrimental to the surrounding
properties in that the use would occur entirely within the building, the number of
UD 06-001 & CUP 06-001
March 27 I 2006
Page 5
customers, hours of operation and type of business are consistent with other
businesses within the same plaza and the C-2 zoning district.
2) As conditioned, the proposed use would not result in any parking impacts
because the maximum number of persons will be limited to thirty (30) persons at
any given time based upon the party ratio of one (1) parking space per every
three (3) persons and the ten (10) parking spaces allotted to the tenant space.
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.
3) The proposed use, as conditioned, would not create a noise impact on the
surrounding neighborhood since the karaoke booths would be made soundproof
and all activities would be conducted inside the building and would be conditioned
to comply with the Tustin Noise Ordinance and General Plan Noise Element.
Staff recommends that the Planning Commission adopt Resolution No. 4018 approving
Use Determination 06-001 to conditionally permit karaoke music studios within the
Central Commercial (C-2) zoning district and adopt Resolution No. 4019 approving
Conditional Use Permit 06-001 for a karaoke music studio located at 656 EI Camino
Real.
R{£,d;. ~
Assistant Planner
~~~6~
izabeth A. Binsack
Community Development Director
Attachments: A. location Map
B. Submitted Plans
C. Resolution Nos. 4018 and 4019
ATTACHMENT A
Location Map
TUSTIN CITY MAP
Project No.
UD 06-001 & CUP 06-001
Address:
656 EI Camino Real
Tustin, CA 92780
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Submitted Plans
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PARKING Dr "'lAND PER CITY CODE - EL CAMINO D1.AZA, TUSTIN
Korean Resrauram - Parking Study
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PARKING PAlIKING
SUITE .,. TENÆNT(I!' SIZE !SE:itTS .RATIO REOUTRED
600 H & RBlock 1,800 SF 1/250 SF 7.2
602 420, Inc. (Eyeware) 1,200 SF 1/200 SF 6.0
604 Marcel's Jewelry & Loan 1,000 SF I 1/200 SF 5.0
610 Alteration Cleaners 600 SF 1/200 SF 3.0
620 Best Hair Care 600 SF 1/200 SF 3.0
630 Bally Total Fitness 30,000 SF 7.8/1,000SF 234.0
632A VACANT 4,000 SF 1/200 SF 20.0
632B Harlum Board Sports I 2,000 SF I I /200 SF 10.0
632C Research Off¡ce I 2,000 SF I 1/250 SF I 80
638 I Laxmi Sweets and Spices I 3.200 SF 36 1 /3 Seats I 12.0
640 I Furniture Store I 1,800SF I 1 /200 SF 9.0
650 I Tustin Health Spa I 7,000 SF I I I /200 SF 35.0
654 I Proposed Korean Restaurunt 2,000 SF I 40 I 1/3 Seats 13,]
656 I VACANT I 2,000 SF I I 1/200 SF I (10.0 \--- V
658 I EI Camino Sushi Bar I 2,000 SF 49 I I '-_./
I /3 Seats 163
I 6qO I EJ Camino Sushi Bar I 600 SF I 28 I I / 3 Seats I 9.3
662 I TJ's SubmarIne I 600 SF I 12 I J / 3 Seats I 40
664 I Computer Store I 600 SF I I J /200 SF 3.0
668A I Shamrock Coffee I 600 SF I I 1 /200 SF I 3.0
66&B I VACANT 1 7:!5 SF I I 1/200 SF 3.6
672 I Deva's (Cocktails) I 1,650 SF I 35 I J 13 Seats I 117
674 I Office I 825 SF I I 1/250 SF I 3.3
676 I Del Valle Real Estate I 825 SF ,I . I 1 /250 SF I 3.3
I 678 I Design Thru Emotion (Furniture') I 825 SF I I I ! 200 SF ! 4.1
I 680 I Shavra's Hair Salon I 1.100 SF I I J /200 SF I 5.5
I I Long !-ia; Chinese Restaurant I I I I
I 682 1.375 SF 46 1 ! 3 Seats 153 I
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L Music Studio is part of Korean Culture.
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4. It is great fun for family, co-workers, and friends.
5. Each room has its own Karaoke machine which shows' scoring after
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6. It is a great entertainment for all ages and races!
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ATTACHMENT C
Resolution Nos. 4018 and 4019
RESOLUTION NO. 4018
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING USE DETERMINATION 06-001
TO ALLOW KARAOKE MUSIC STUDIOS AS A
CONDITIONALLY PERMITTED USE IN THE CENTRAL
COMMERCIAL (C-2) ZONING DISTRICT.
The Planning Commission does hereby resolve as follows:
I.
The Planning Commission finds and determines as follows:
A.
A proper application for Use Determination 06-001 was filed by
Vicky YeonJung Kim-Nam, to request authorization to establish a
karaoke music studio as a conditionally permitted use within the
Central Commercial (C-2) zoning district located at 656 EI Camino
Real.
B.
Section 9233a of the Tustin City Code allows the Planning
Commission to determine as to whether or not unlisted uses are
similar to those allowed in the district. A Use Determination is
necessary to decide if the proposed use would be permitted,
conditionally permitted or prohibited in the zoning district.
C.
That a public hearing was duly called, noticed, and held for Use
Determination 06-001 in conjunction with Conditional Use Permit
06-001 on March 27, 2006, by the Planning Commission.
D.
That approval of Use Determination 06-001 to allow for karaoke
music studios as a conditionally permitted use within the Central
Commercial (C-2) zoning district can be supported by the following
findings:
1) A karaoke music studio is consistent with the intent of the
Central Commercial (C-2) zoning district to allow for a variety of
retail and service commercial uses.
2) Similar service businesses located within the Central
Commercial (C-2) zoning district are conditionally permitted.
3) The proposed use would not have a detrimental effect on the
public health, safety and general welfare of the community in
that the proposed business would be consistent with other
businesses within the C-2 zoning district.
4) Any possible effect on existing traffic conditions could be
controlled through placing conditions on parking, maximum
occupancy, and hours of operation. In addition further traffic
analysis could be required through the Conditional Use Permit
application process.
E.
5) To ensure compatibility, proposals would be reviewed on a case-
by-case basis and subject to the conditional use permit process
and public noticing requirements. Conditions may be included to
ensure that there will be no adverse effects on the
neighborhood, i.e. soundproofing the booths to comply with the
City of Tustin Noise Ordinance.
This project is Categorically Exempt pursuant to Section 15301
(Class 1) of Title 14, Chapter 3 of the California Code of
Regulations (Guidelines for the California Environmental Quality
Act).
II.
The Planning Commission hereby approves Use Determination 06-001 to
allow for karaoke music studios as a conditionally permitted use within the
Central Commercial (C-2) zoning district.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a
regular meeting on the 2ih day of March, 2006.
JOHN NIELSEN
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN)
I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4018
was duly passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 27th day of March, 2006.
ELIZABETH A. BINSACK
Planning Commission Secretary
RESOLUTION NO. 4019
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT
06-001 AUTHORIZING THE ESTABLISHMENT OF A
KARAOKE MUSIC STUDIO FOR UP TO THIRTY (30)
PERSONS WITHIN AN EXISTING 2,000 SQUARE FOOT
TENANT SPACE LOCATED AT 656 EL CAMINO REAL.
The Planning Commission does hereby resolve as follows:
I.
The Planning Commission finds and determines as follows:
A.
A proper application for Conditional Use Permit 06-001 was filed by
Vicky YeonJung Kim-Nam, to request authorization to establish a
karaoke music studio with a maximum of thirty (30) persons within
an existing 2,000 square foot tenant space located at 656 EI Camino
Real in the EI Camino Plaza within the Central Commercial (C-2)
zoning district and Old Town Commercial General Plan land Use
Designation..
B.
The General Plan Old Town Commercial Land Use Designation
provides for a variety of commercial uses, including retail stores and
service businesses. In addition, the project has been reviewed for
consistency with the Air Quality Sub-element of the City of Tustin
General Plan and has been determined to be consistent with the Air
Quality Sub-element.
That a public. hearing was duly called, noticed, and held for
Conditional Use Permit 06-001 in conjunction with Use
Determination 06-001 on March 27, 2006, by the Planning
Commission.
C.
D.
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 of the
City of Tustin 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, the number of customers, hours of operation
and type of business are consistent with other businesses within
the same plaza and the C-2 zoning district.
2) As conditioned, the proposed use would not result in any
parking impacts because the maximum number of persons will
be limited to thirty (30) persons at any given time based upon
the party ratio of one (1) parking space per every three (3)
persons and the ten (10) parking spaces allotted to the tenant
space. 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.
3) The proposed use, as conditioned, would not create a noise
impact on the surrounding neighborhood since the karaoke
booths would be made soundproof and all activities would be
conducted inside the building and would be conditioned to
comply with the Tustin Noise Ordinance and General Plan Noise
Element.
E.
This project is Categorically Exempt pursuant to Section 15301
(Class 1) of Title 14, Chapter 3 of the California Code of
Regulations (Guidelines for the California Environmental Quality
Act).
II.
The Planning Commission hereby approves Conditional Use Permit 06-001
authorizing the establishment of a karaoke music studio with a maximum of
thirty (30) persons within an existing 2,000 square foot tenant space
located at 656 EI Camino Real.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a
regular meeting on the 2ih day of March, 2006.
JOHN NIELSEN
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN )
I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4019
was duly passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 27th day of March, 2006.
ELIZABETH A. BINSACK
Planning Commission Secretary
GENERAL
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1.1
1.2
1.3
1.4
1.5
1.6
EXHIBIT A
RESOLUTION NO. 4019
CONDITIONAL USE PERMIT 06-001
CONDITIONS OF APPROVAL
The proposed project shall substantially conform with the submitted plans
for the project date stamped March 27, 2006, 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 the use if such modifications are consistent with
provisions of the Tustin City Code.
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 is received by the Community Development
Department within thirty (30) days prior to expiration.
All conditions in this Exhibit shall be complied with as specified, subject to
review and approval by the Community Development Department.
Approval of Conditional Use Permit 06-001 is contingent upon the applicant
and property owner signing and returning to the Community Development
Department a notarized "Agreement to Conditions Imposed" form and the
property owner signing and recording with the County Clerk-Recorder a
notarized "Notice of Discretionary Permit Approval and Conditions of
Approval" form. The forms shall be established by the Director of Community
Development, and evidence of recordation shall be provided to the
Community Development Department.
Any violation of any of the conditions imposed is subject to the payment of a
civil penalty of $100.00 for each violation, or such other amounts as the City
Council may establish by ordinance or resolution, and for each day the
violation exists, subject to the applicable notice, hearing, and appeal process
as established by the City Council ordinance.
The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorney fees, subject to the applicable
notice, hearing, and appeal process as established by the City Council by
ordinance.
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(2)
(3)
(4)
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SOURCE CODES
STANDARD CONDITION
CEQA MITIGATION
UNIFORM BUILDING CODEIS
DESIGN REVIEW
EXCEPTIONS
(5)
(6)
(7)
RESPONSIBLE AGENCY
REQUIREMENTS
LANDSCAPING GUIDELINES
PC/CC POLICY
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1.7
1.8
As a condition of approval of Conditional Use Permit 06-001, 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 defense of any
such action under this condition.
Conditional Use Permit 06-001 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. The Director may recommend that the Planning Commission modify
existing conditions or add new conditions to protect the public health, safety,
community aesthetics, and general welfare.
BUILDING DIVISION
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2.1
2.2
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2.4
At the time of building permit application, the plans shall comply with the
2001 California Building Code (CBC), 2001 California Mechanical Code
(CMC), 2001 California Plumbing Codes (CPC), 2004 California Electrical
Code (CEC), California Title 24 Accessibility Regulations, 2005 Title 24
Energy Regulations, City Ordinances, and State and Federal laws and
regulations 2005 Edition.
Building plan check submittal shall include the following:
.
Four (4) sets of construction plans, including drawings for
mechanical, plumbing, and electrical.
.
Two (2) copies of Title 24 energy calculations.
.
Note on plans that no field changes shall be made without prior
approval from the Building Official and architect or engineer of
record.
All new glass doors and windows, in or adjacent to doors, shall be
tempered per 2001 California Building Code Section 2406.4.
Vehicle parking, primary entrance to the building, the primary paths of travel,
cashier space, sanitary facilities, drinking fountain, and public telephones
shall be accessible to persons with disabilities and shall be shown on the
plans.
(3)
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(5)
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2.5
2.6
2.7
2.8
2.9
Two (2) exits are required from the space, and from any area with occupant
loads of thirty (30) or more as determined in the Table 10-A of the 2001
CBC.
The applicant shall comply with the City of Tustin Noise Ordinance to limit
all interior and exterior noise levels to the established standards. Prior to
issuance of a building permit the applicant shall provide an acoustical
report. All construction recommendations in the approved acoustical
report shall be implemented into the project design.
Prior to issuance of a demolition, precise/rough grading, and/or building
permit with valuation of $50,000 or greater, the applicant shall submit for
approval by the City of Tustin, Construction & Demolition (C&D) debris
collection, disposal, and diversion information on the City-prescribed
forms.
At least 50 percent of the construction debris shall be diverted from landfill
to the recycling plants. A security deposit in the amount of $50 per ton
(not to exceed $5,000 per project) for a C&D security deposit will be
collected prior to issuance the permit. Prior to final inspection, the
applicant shall submit to the City of Tustin documents (i.e. receipt from
vendor) showing actual weight or volume of each material of C&D diverted
to the recycling center. For any questions or concerns, please contact Joe
Meyers at (714) 573-3173. (City Ordinance 1281)
Prior to issuance of any permits, payment shall be made of all applicable
fees, including but not limited to, the following:
.
Building Plan Check and Permit Fees
Grading Plan Check and Permit Fees
Private Improvement Plan Check and Permit Fees
New Development Tax
Transportation System Improvement Program Fees
School Fees
Orange County Fire Authority Fees
.
.
.
.
.
.
ORANGE COUNTY FIRE AUTHORITY
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3.1
3.2
Prior to the issuance of a building permit the applicant shall submit plans for
any modification or addition to any existing automatic fire sprinkler system in
any structure to the Fire Chief for review and approval. Please contact the
OCFA at (714)573-6100 for additional information.
Prior to the issuance of a building permit the applicant shall submit
architectural plans for review and approval of the Fire Chief if required per
the "Orange County Fire Authority Plan Submittal Criteria Form". Please
contact the OCFA at (714) 573-6100 for a copy of the Site/Architectural
Notes to be placed on plans prior to submittal.
USE RESTRICTIONS
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4.2
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4.7
4.8
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The maximum amount of persons on the premises at any given time shall
be limited to thirty (30) persons based upon the available amount of
parking within the center, at a ratio of one (1) parking space per every
three (3) persons. Any request to increase occupancy numbers shall
require the project proponent with property owner's þermission to provide
a parking demand analysis of the center showing sufficient parking would
be provided, and shall be subject to the Community Development Director
review and approval. The maximum occupant load permitted by CUP 06-
001 shall be posted on the wall by the exit door in a conspicuous location
and may not exceed posted occupant load at any time.
All required exit doors and path shall remain open and unobstructed
during business hours.
"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.
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.
The sale and/or consumption of alcohol is prohibited, no alcohol is allowed
on the premises.
Lights should be of a sufficient wattage so that everything in the booth can
easily be seen from the outside. No light switches are permitted in the
booths.
At least one side of each individual karaoke booth shall remain visible and
unobstructed to the common area. The doors of the karaoke booths shall
not have locks.
The facility's daily hours of operation may be from 10:00 a.m. to 12:00 a.m.
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.
No amusement devices other than karaoke machines, including but not
limited to video games shall be permitted.
4.10 No sexually oriented businesses shall be conducted on the premises
without approval by the City in accordance with the Tustin City Code.
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FEES
(2)
4.11
Exterior public pay telephones shall be prohibited and interior public pay
phones shall be programmed to prevent incoming calls.
4.12 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.
4.13 If a noise or parking problem is observed by a representative of the City,
the applicant shall submit a study prepared by a professional noise or
traffic engineer and perform or install interim and permanent mitigation
measures.
5.1
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 forty-
three dollars ($43.00) to enable the City to file the appropriate
environmental documentation for the project. If within such forty-eight (48)
hour period that 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.