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Home My WebLink AboutPC RES 4019 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. c. 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. 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 Resolution 4019 CUP 06-001 Page 2 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 regular meeting on the 27th day of March, . JO NIELSEN Chairperson &;¿¿;¡~ ELIZABETH A. BINSACK Planning Commission Secretary Resolution 4019 CUP 06-001 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. 4019 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of March, 2006. &~_Z!?~~ ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1) (1) (1) (1) (1) (1) 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. (1) (2) (3) (4) *** SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODEIS DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution 4019 CUP 06-001 Page 2 (1) 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 (3) 2.1 (1) 2.2 (3) 2.3 (1) 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), Califomia 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 Califomia 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 Exhibit A Resolution 4019 CUP 06-001 Page 3 (3) 2.5 (***) 2.6 (5) 2.7 (5) 2.8 (5) 2.9 shall be accessible to persons with disabilities and shall be shown on the plans. 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 (Le. 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 (1) 3.1 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. Exhibit A Resolution 4019 CUP 06-001 Page 4 (1) 3.2 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 (***) 4.1 (1) 4.2 (1) 4.3 (1) 4.4 (***) 4.5 (***) 4.6 (***) 4.7 (1) 4.8 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 permission 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. Exhibit A Resolution 4019 CUP 06-001 Page 5 (***) 4.9 (1) (1) (1 ) (1) FEES (2) 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. 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. Community Development Department November 22, 2010 Bum Kwon Kim 656 El Camino Real Tustin, CA 92780 TUSTIN BUILDING OUR FUTURE HONORING OUR PAST CONDITIONAL USE P06-001 AMENDMENT • CONDITIONS Dear Mr. Kim: Thank you for your letter, received on October 25, 2010, requesting that the approved hours of operation for the Shout Karaoke Music Studio (karaoke establishment) be extended to 2:00 a.m. daily. This project was originally approved as Conditional Use Permit (CUP) 06 -001 by Planning Commission (PC) Resolution No. 4019. Pursuant to Condition 4.8 of PC Resolution No. 4019, the authorized hours of operation are from 10:00 am to 12:00 a.m. daily. 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. On February 23, 2010, the Planning Commission adopted Resolution No. 4144 denying a request to extend the hours of operation for the karaoke establishment at the subject property. The denial was based on numerous violations of the conditions of approval, in particular related to alcoholic beverage and hours of operation violations. In addition, the Tustin Police Department had been receiving numerous calls for service related to the business. Since the denial of extended hours, the karaoke establishment has been operating in compliance with the conditions of approval. The business has had a change of ownership and the Tustin Police Department has indicated that no calls for service or problems have been observed. After reviewing your request, I am hereby administratively approving a modification to Condition 4.8 of PC Resolution No. 4019 to allow for the hours of operation to be extended until 2:00 a.m. daily subject to the following conditions: 1. Any violations or calls for service related to alcoholic beverages at the subject property will automatically revert the hours of operation back to 12:00 a.m. daily and may be grounds for revocation of Conditional Use Permit 06 -001. 2. As the new business owner you will need to sign and notarize an Agreement to the Conditions of Approval form to operate in compliance with CUP 06 -001 (see attached). 300 Centennial Way, Tustin, CA 92780 • P: (714) 573 -3100 • F: (714) 573-3113 • www.tustinca.org Shout Karaoke 656 El Camino Real CUP 06-001 11/22/2010 Should you have any questions or concerns regarding the , please do not hesitate to contact Ryan Swiontek, Associate Planner, at (714) 573-3123 or via electronic mail at Lswiontek(c�Z tustinca - Attachment: Resolution No. 4019 Agreement to Conditions of Approval Form cc: Sgt. Blair Officer Breskin \\Cot-second\cdd-rda\Cdd\Ryan\CUP\CUP 06-001 & UD 06-001\656 ECR Karaoke Hours Amendment.doc